Fiqh is not merely a question of picking up rulings recorded in old texts and throwing them down on new realities. Rather, the application of fiqh, especially on more sophisticated matters, requires a sophisticated understanding of the texts of the fuqaha, as well as the primary sources, the general foundational principles and goals of the Shariah, and, very importantly, the time, place, and people the fiqh will affect. This is why fuqaha such as Imam al-Haskafi stated that, “Whoever does not understand the people of his times is ignorant.” (Durr al-Mukhtar, 1: 47)
-Shaykh Faraz Rabbani
March 20, 2006 at 12:36 am
Great paragraph… This is why I am wanting to study all this Usul type stuff, especially looking at Shatibi’s “Maqasid al-Shari’ah” and other things.
I have found both Kamali and Muhammad Khalid Masud to be excellent on this regard (in English).
This short article is an interesting supplement to what Sh. Faraz said above. The 2nd part is also fascinating.
March 20, 2006 at 12:37 am
Oops, just realized I made a mistake in the link. This should work properly for the first one.
Sorry bro.
March 20, 2006 at 1:07 am
oh fricking sweet. im actually looking forward to Shatibi’s book. as soon as someone buys it for me. : broke :
March 20, 2006 at 7:14 am
There are 2 books – one is by Muhammad Khalid Masud, and called “Shatibi’s Philosophy of Islamic Law”, which is sweet. See if your Uni library can get it, as it’s important.
March 20, 2006 at 11:31 am
Also if you want to read a hardcore article, check this out, by Kamali in the now defunct theFiqh.org website.
This article on fitnah is also interesting, giving a much more nuanced definition and explanation than I have thus seen or been taught from anyone.
The papers on there are amazing, but some may not work now.
Wayback is a great resource!
March 21, 2006 at 7:42 am
salaam…i came across ur website kinda ramdomly, but interestingly enough i’ve been doing some research on Islamic jurisprudence recently and have gotten a chance to read some of the various books/articles on usul al-fiqh…have you chkd out any of the following authors/books; Frank E. Vogel or Wael Hallaq?
ws.
March 21, 2006 at 8:29 am
Hallaq is interesting… his books are rather dry. I am totally wanting to check out this by Vogel though!
March 21, 2006 at 2:10 pm
Hallaq made me cry. with frustration. kidding, its really.. invloved reading. It really does seem more like an intense manual rather than a read through like other stuff.
March 21, 2006 at 4:32 pm
hahah yea ur tellng me…but he does have some interesting points, once u get past all that jargon. Vogel’s really good…he’s a harvard prof..and this summer, he & another prof, who i’m actually doing reserach for, are working on a legal casebook for sharia’a…so inshAllah, its a hopeful step ahead for the islamic legal sys
I also just got another book in…but the title & author escape me. (i have too many). iA, I’ll let you know..its the latest authority on usul al-fiqh tho.
March 21, 2006 at 8:38 pm
I made this on Amazon a little while ago.
Hallaq has some great information, and I am definitely going to get his stuff for my book shelves. I like the fact that he, Dr. Jackson and Dr. Fadel are ‘buddies’ but debate and discuss through articles a lot. All have slightly differing views on a number of key issues.
March 22, 2006 at 2:47 am
ok so here’s the latest book: Dispensing Justice in Islam: Qadis And Their Judgements ( written by: Masud, Peters & Powers.)
I’m pretty sure it should be available @ Amazon..but it mite be an expensive sucker. I’ve just skim read some of the chapters, but so far, the books really good.
ws
March 22, 2006 at 3:43 am
Yup, been on my wish list for a while… Let me know how it is once you finish it – Masud is an amazing writer!
March 23, 2006 at 4:59 am
for sure! oh and have u read ne sami zubaida? he’s okay..i mean a lot newer for sure…better than reading stuff thats like 40 years old ya know? And incidently i get ta hear him speak next week on Democratization in the Middle East!
March 24, 2006 at 5:19 am
mz: Do you have a journal/blog or anything? lol.
March 25, 2006 at 6:21 am
haha yea..but its not very academic! this is my inner nerd coming out LOL..but feel free to chk it out
http://www.mnm310.blogspot.com