An Assessment of the Objectives of Islamic Law (Maqasid Al-shari’ah) in the Preservation of the Five Essential Values (Necessities) (Maqasid Al-shari’ah)

ABSTRACT

It is indisputable that nowadays, the Muslim world, in particular, has realized the dire need to write, translate and produce many books and articles on the topic of maqasid due to its importance in addressing and solving modern issues challenging the Muslim Ummah. In this regard, the topic entitled “Assessment of the Objectives of Islamic Law {Maqasid Al-Shari’ah} in the Preservation of the five Essential Values” was chosen. This research topic was made somehow comprehensive in assessing and analyzing the five essential values and how they have been protected and preserved punitively and affirmatively in relation to the Islamic law of maqasid, which was dealt with after introducing this knowledge and its historical development. This work also revealed the wisdom behind many criminal penalties and other injunctions in Islamic law. The methodology of this research is mostly doctrinal. Some other issues related to the field of maqasid and masalih are always raised by the Islamic jurists and scholars, like whether maslaha, as a tool of maqasid al-Shari’ah, should be accepted, rejected in totality or accepted with conditions; whether the doctrine of maslaha should be regarded as a source of Islamic law or not; whether maslaha can serve as a tool of dynamism and modernism in Islamic philosophy were extensively treated in the concluding chapter of the research. The researcher finally went to explore the facts that a comprehensive and objective approach to modern Islamic issues should be adopted and not an atomistic view and rigidity on literal meanings of the text; and that Islamic law is maqasid-oriented, flexible and workable in every community, epoch and in all ramifications of human endeavor. All these were critically surveyed, analyzed and given a finishing touch. Finally, some suggestions were offered, and recommendations would go a long way to solving the already stated problems and challenges in masalih and maqasid al-Shari’ah.

An Assessment of the Objectives of Islamic Law (Maqasid Al-shari’ah) in the Preservation of the Five Essential Values (Necessities) (Maqasid Al-shari’ah)

A Study of Customary...

ABSTRACT This study is aimed at studying the customary land...

Determining the Proper Law...

ABSTRACT Where a dispute arises from the breach of a...

The Criminal Liability of...

ABSTRACT This is an attempt to look at the corporation's...

A Critical Appraisal of...

A critical appraisal of uniform, personal income tax system...

An Assessment of the...

ABSTRACT In its 50-year history as an independent nation, Nigeria...

Search and Seizure in...

Search and seizure in Nigerian law with particular reference...

A Study of Customary Land Law and Tenure Practices of Six Communities of the Lower Benue River Valley of Nigeria

ABSTRACT This study is aimed at studying the customary land laws and tenurial practices of the communities of the Nigerian Lower Benue River valley. These...

Determining the Proper Law of Contract Under Private International Law

ABSTRACT Where a dispute arises from the breach of a term or terms of a contract between 'A' a Nigerian, and 'B' an Italian, the...

The Criminal Liability of Corporations

ABSTRACT This is an attempt to look at the corporation's liability for its own acts and those of Its organs or agents and servants. The...

A Critical Appraisal of Uniform Personal Income Tax System Within the Context of Nigerian Federalism

A critical appraisal of uniform, personal income tax system within the context of Nigerian federalism. Download this dissertation in PDF for Free.

An Assessment of the Legal and Institutional Framework for the Prevention and Mitigation of Ethno-Religious Conflicts in Nigeria

ABSTRACT In its 50-year history as an independent nation, Nigeria has experienced over two hundred recorded violent ethno-religious disturbances. The first major ethno-religious disturbance exploded...

Search and Seizure in Nigerian Law With Particular Reference to the Northern States

Search and seizure in Nigerian law with particular reference to the Northern States.

An Appraisal of the Role of ECOWAS Court of Justice in the Protection of Human Rights Under the ECOWAS Treaty

ABSTRACT This study examined the role of the ECOWAS Community Court of Justice (ECCJ) in the protection of human rights in the West African sub-region,...

The Imperatives of International Criminal Tribunals and International Criminal Court on Crime of Genocide

ABSTRACT The idea of a strong standing tribunal to try serious violations of international law has been around since the end of World War II....

An Analysis of the Concept of Negotiation and Arbitration as Methods of Alternative Dispute Resolution in International Law

ABSTRACT Disputes or disagreements are unarguably and necessarily an inevitable part of human existence, flowing directly from communication, inter-reaction and relationships. This can occur at...