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The number of qualified academic studies on what Sharīʿa is and its relationship with "social change", "historicity" and "naskh" has been increasing in recent years. In this context, the discussions and writings on social change, Qur'an, Sunnah, Sharīʿa, historicity and naskh on the axis of Westernism and Islam continue to form part of the agenda. One of these works is Prof. Dr. Talip Özdeş's "Sharīʿa in the Context of Social Change, Historicity and Naskh". With this study, it is aimed to eliminate the confusion around the concept of "Sharīʿa", to contribute to social reconciliation by eliminating the grounds for abuse, and the subject has been handled and processed with a purely supra-political scientific approach. This study first focuses on the issues of social change, historicity and naskh with an analytical approach in order to understand the concept of "sharīʿa" correctly and to place it on its center. Then, based on the same ground, the concept of "sharīʿa" is focused on. The concept in question has been examined lexically and semantically, and information and evaluations have been made on what it expresses in the Qur'an and its dimensions based on the integrity of the Qur'an. Again, the meaning relationship of the concept of "sharia" with the concepts of "shir'at" and "shar'î" from the same root has been emphasized, information and evaluations have been made. In this study, which has been prepared with a rich literature by using the basic sources in the field, the subjects have been handled in a concise manner and examined in various aspects from an academic and scientific perspective. [ABSTRACT FROM AUTHOR]

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This paper studies the development in the thought and praxis of Islamic movements that aim to revive a political system governed by Islamic law. Post-Caliphate Islamic movements - the subject of the current study - have undergone recent reforms in thought, approach, and even branding since the Arab Spring. Notwithstanding the movements’ legal and theological diversity, the author argues that they share common features of reform characterized by (a) appeal to public opinion and grassroots work; and (b) willingness to work with groups outside their movement. These reforms were shaped in tandem with and in reaction to the War on Terror, the Arab Spring, and the Taliban’s victory in Afghanistan. The author argues that these changes gave rise to dynamic reform in the latest generation of Islamic movements, leading to substantive revisions in their approach (manhaj) to achieving Islamic change. Despite tightening proscription and censorship, the author argues that the fruit of these reforms has been a resurgence in the form of highly efficient and creative collaboration between movements. Examples studied include collaboration between the Muslim Brothers (MB) and Hizb ut Tahrir in the West, and between former-al-Qaeda and MB affiliates in Syria. The author estimates these strategies - following a period of political failure and internal skepticism - have precipitated a resurgence that makes the future of Islamic movements highly potent, despite resulting in a dilution of each group’s identity and possible decline in membership. As a result of this trajectory, this study argues for the need to theorize contemporary Islamic movements beyond historical categories that have fossilized in Western academia, and often do not capture the dynamic, fluidity and comprehensiveness of Islamic struggle. This study utilizes a mixed methodology, including archival analysis and intellectual genealogy.

This article discusses the slavery system, which the jihadist organisation “Islamic State” has recently implemented in parts of Iraq and Syria. The ideological and religious basis for the jihadist organisation’s establishment of slavery can be found in the Salafist understanding of worship and monotheism. According to this understanding, the concept of slavery, which was originally formulated in the Sunni shari’a, is seen as eternally valid and also absolutely unchangeable, and its implementation is perceived as a religious act – as worship of Allah. The author of the article argues that the “Islamic State” in this case is conceptually acting within the theoretical framework of the Sunni legal tradition and, by materializing slavery, is making a replication and transfer of the centuries-old Sunni concept to the present day.

According to Yusuf al-Qaradawi – a prominent Muslim jurist of the contemporary period, the jurisprudence of priorities is intended to mitigate excess and negligence in legal reasoning. This article examines the fundamental principles of the jurisprudence of priorities as propounded by Yusuf al-Qaradawi in relation to the foundational sources of Islamic law. The purpose of this article is to dissect the constituent legal principles of the jurisprudence of priorities and critically evaluate their validity and coherence against the textual and rational evidences of Islamic law. This article argues that the fundamental principles of the jurisprudence of priorities are validated in the sources of Islamic law, and do facilitate the mitigation of excess and negligence in legal reasoning.

This research pursues the explanation of the approach of Firas al-Sawah (born 1941), the Syrian sociologist and theologian toward religion. Adopting the phenomenological method, he has studied and understood religion from a mythological point of view. In this article, we will show that his theory has many deficiencies coming from his focusing on the historical and mythological point of view: secularizing the foundations of the religious beliefs and origins of religious traditions, relying on unregulated interpretation, reducing revelation to religious experience, paving the way for diverse readings of religion, giving a mythical explanation of sacred events and figures in the history of religions, presenting a vague interpretation of the monotheistic nature (Fitrah) of human beings. Having an analytical method and citing excerpts from his works, we will explain these disadvantages in his theory.

This paper focuses on maṣlaḥah (benefit or well-being) and adab (righteous behavior or character) as ethically intertwined concepts that are discussed by classical Muslim scholars in relation to the acquisition of wealth (kasb) and overall economic engagement. Particularly in certain works of al-Shaybāni (d. 805), al-Muḥāsibī (d. 857), Ibn Abī al-Dunyā (d. 894), al-Māwardī (d. 1058), and al-Ghazālī (d. 1111), personal piety is closely related to righteous economic behavior under the banner of adab’s moral stipulations. In light of al-Ghazālī’s understanding of economic provision as part of his overall theory of eternal happiness (saʿādah), the concept of maṣlaḥah can be analyzed in the context of adab as an extension of Sharīʿa law. While maṣlaḥah is from a legal standpoint crucial for safeguarding economic activities and preserving wealth, concomitantly, in this paper I treat maṣlaḥah as a derivative of adab and its holistic vision of human nature. In particular, I address what constitutes economic provision as an ethical endeavor in selected classical texts; and how the concept of adab preserves and enhances economic behavior as conceived by classical Muslim scholars.

This paper aims to examine the opposition in the Islamic perspective (especially the study of verse/hadith texts) and in the Indonesian constitution. The type of research used is a literature study with a qualitative approach which is analyzed by means of content analysis. The results of the research are that the opposition in meaning as a counterweight, warning or as checks and balances, is justified in Islamic law. Even when this role is lost in the life of the state, the community will not only suffer losses but will also have the potential to receive punishment from Allah SWT. Meanwhile, from a constitutional perspective, the opposition is not literally written down, but the role of the House of Representatives with the function of controlling and supervising the administration of the state is at least a signal that opposition is not taboo in the Indonesian state system. Even the opposition is needed so that the state process can run well

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In this article I propose that questions about the nature of contemporary Sufism, especially in Western contexts, can be addressed with further precision and nuance by shifting the focus from Sufism's relationship to Islam, to its relationship to shari'a, or Islamic law (fiqh). As very few questioned Sufism's Islamic nature prior to the modern period, this analytical shift offers the advantage of contextualizing contemporary debates about Sufism within the much richer history of intra-Islamic difference over Sufism and shari'a. I suggest that traditional Sufi-shari'a conceptions, though varied in nature, can be categorized for analytical purposes as (a) juristic, (b) supersessionist, and (c) formless Sufism. I propose these terms not as archetypal categories, but rather as a tentative template for mapping Sufi approaches to the shari'a, which can allow us to better appreciate how contemporary Western Sufi orientations towards the shari'a reflect premodern tendencies. [ABSTRACT FROM AUTHOR]

The paper concerns the present role played in law-in-the-books and law in action as well by a very traditional law type, namely that of personal law. In spite of the dominating role that the other type, i.e. territorial law, has played in Western law for more than a thousand years, there are numerous contemporary expressions of the existence and application of personal laws. In particular, this is the case of the vivacity of traditional personal laws characteristic of non-Western legal traditions (above all shari’a), including attempts at their application in the Western environment. There are also various other examples of the recognition, at least in the practice, of personal laws in the Western law jurisdictions, which is indicated with the example of Polish law.

This research aims to know the relation between religion and environtment in a deep comprehensive understanding. How religion and environtment in some extents they are too related. In Islam for example, concept of shari’a seemingly agreed and supported the idea of nature and animal conservation. But, in some extent they are contradictive. This contradictive discouse could be seen from any kinds of texts of religious scriptures in how they deal with preservation of nature and animal (killing animal). The role of religious text we may say “yes” that it deal and closely related how the ecological views are constructed. How it overcomes the natural degradation, pollutions for instance. But, religion also should be understood as an orientation of the cosmos and how actually our human existence has an important role to the world. In broadest sense, we understand that religion also means of how people know the limits of reality and how humans interact with their own environment. Religion often talk about the cosmological stories, systems and symbols, ritual practices, norms and ethics, the history, and the institutional structure that transmits the view where human beings as an integral part in the world—and has a sense of responsibility towards nature. This article use the analytical approach in analyizing the issue of religion and environtment. Thus, the relation between Islamic law, Quranic verses and Shari’a are compactible in responding the issue of environtment

In the contemporary era, the social justice has been focus of special attention, and explained and interpreted variously in the form of the theories of justice. In the climate of the Islamic thought, the belief in the perfection of Shariʿa and the capacity of the Islamic teachings for optimal management of the human societies has brought about a belief in self-sufficiency of Shariʿa and no need to any attempt for some movements such as identity neo-Salafism. In the present article, while explaining the view of identity neo-Salafism regarding the status of Shariʿa in establishing justice with a focus on Sayyid Quṭb's thought, we attempt to explore various aspects of the discussion on the relationship between Shariʿa and social justice. In this way, we try to present a vivid picture of the function of jurisprudence and Shariʿa in the sphere of establishing social justice as defined by Islam.

Islamic banking is a banking which works as per Sharia rules pertaining to risk management, trading processes, leasing, holding physical goods and assets management for income generation. Global financial sector has witnessed unprecedented growth of Islamic banking, especially its spread where Muslim community is residing in a sizable number. There have been rapid innovations in financial markets all over the world and with the globalization impacting almost every aspect of life; these innovations have also affected Islamic banking system, which has resulted into newer issues and need for quick and Sharia compliant response to those issues. The Islamic financial system prohibits riba and gharar which include interest and uncertainty. There are certain norms which an Islamic bank has to follow, as it cannot invest in commodities which are prohibited. After coming into contact with Western world, esp. with Western banking system, after their fall, Muslims had two choices, either to accept their system as it was, without arguing that the interest was riba as stated in Quran or to device a banking system of their own by declaring interest as riba. They opted for the second choice. Pakistan was among those three countries which took the initiative to implement the Islamic banking system at the national level and adopted Islamic banking friendly policies and approaches in this regard. This article will provide a brief introduction to Islamic banking in Pakistan, its origin, development, services being provided by these banks and also provide a comparison between conventional banking and Islamic banking. During the recent past State Bank of Pakistan has taken many positive steps for the promotion of Islamic Banking in Pakistan. Few of the issues faced by Islamic banking sector along-with recommendations to improve the overall situation will also be provided at the end. [ABSTRACT FROM AUTHOR]

Il presente contributo analizza gli strumenti giuridici predisposti a tutela della minoranza musulmana nel Regno Unito, di fronte al fallimento delle politiche multiculturali e alla proposta interculturale, nel tentativo di comprendere il contesto attuale nonché l’evoluzione dei rapporti tra il sistema di common law britannico e il modello islamico. Il contributo ricostruisce pertanto le politiche di governo della diversità, passando attraverso l’analisi del modello multiculturale e dell’offerta interculturale, e soffermandosi sull’applicazione, ufficiale e non ufficiale, delle regole islamiche in Inghilterra. L’analisi del caso inglese illustra il carattere aperto del sistema di common law britannico, facendo emergere, al contempo, le polemiche connesse alle regole e alle pratiche islamiche nelle materie del diritto di famiglia, in particolar modo in relazione alla risoluzione intracomunitaria delle controversie attraverso istituzioni islamiche di Alternative Dispute Resolution (ADR).

The study of the relations between religion and philosophy has a long history in the works of Muslim philosophers. Al-Farabi may be considered the pioneer of Muslim philosophers in presenting a coherent and comprehensive theory of the relations between religion and philosophy. Believing in the unity of the doctrines of these two systems of thought, he views religion as a manifestation of teaching and adopting of wisdom. Practical wisdom, as part of the absolute wisdom that speaks the language of truth and demonstrative proof (Burhan), is no exception. In the same vein, he regards the religious teachings of human voluntary actions as the doctrines of practical wisdom, which are instilled in the language of allegory and persuasion, introducing the practical aspect of religion, the Shari'a, as the philosophical teachings in regard with regional and temporal circumstances. He attempts to explain the validity, inclusiveness, and durability of the teachings of the Shari'a by elaborating trans-historical and supernatural elements. He, therefore, secures the validity and inclusiveness of the religious doctrines through revelation and guarantees the survival of shari'a by introducing jurisprudence (Fighaha) as a complementary part for concluding prophethood.

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Exploring Islamic sources, Islamic rules are revealed for the sake of maslaha (well-being) in human life. However, in particular situations, implementing some rules might not achieve maslaha, and might even militate against it. In this regard, considering ma’alat (consequences of action) was suggested by al-Shatibi as a principle for providing exceptions in Islamic rules, either to ban a permitted action or to tolerate a prohibited action for the sake of maslaha. However, this principle could equate to the concept of the ends justifying the means. Thus, this paper aims to analyse the words of al-Shatibi on his idea of considering ma’alat. The findings reveal that, since considering ma’alatis applied at the stage of the implementation of rules, and this process is carried out under the discipline of maqasid al-Shari`a (objective of Islamic law), this principle is not being used to justify the amendment of Islamic rules.

This paper offers a cursory reading in the Ibadhi legacy, drawing on its diversity in place and time. It investigates the notion of sunna in its different meanings and connotations in this legacy, in the linguistic, usuli and fiqhi usage as well as at its intersections with hadith, athar and sira. The article documents the rich and independent legacy of the Ibadhi school. It concludes that, apart from minor particularities in technical terms and conceptualisation, there is virtually no difference as compared to other schools in the usage of the notion of sunna.

Not Sunnis and not Shi’is, the Ibāḍī Muslims of Oman and some areas of North Africa form a “third branch” of Islam, with their own version of the Sharīʿa law. The development of this law displays many interconnections with the political history of the Ibāḍīs, which spanned from an independent sultanate in Oman, through minority status under Sunni rule in Tunisia and Libya, to isolated desert communities in Algerian Sahara. This article gives an overview over such interconnections between the political (state authority) and the legal, through history and in contemporary North Africa, with some examples of legal discussions from the “Ibāḍī renaissance” (nahḍa) in the twentieth-century Saharan oasis of Mzab.

Kelamcılar, marifetullahın vâcip olduğu konusunda görüş birliğine varmışlardır. Ancak bu vücûbiyetin kaynağının ne olduğu konusunda kelamcılar kendi aralarında ittifak edememişlerdir. Bu tartışma, özellikle de ilahî çağrının ulaşmadığı kimselerin yükümlü olup olmayacağı ve bunların ahiretteki durumlarının ne olacağı hususunda temerküz etmiştir. Mâturîdî kelamcılarının büyük bir çoğunluğu, Mu’tezile ve birçok çağdaş kelamcılar, marifetullahı aklî bir yükümlülük olarak kabul etmiş ve ahirette bu kimselerin azaba müstehak olacaklarını ileri sürmüşlerdir. Eş’arîler, Haşeviyye, Şia’nın bir kısmı, Hâricîlerden bazıları ve Dırar b. Amr gibi öne çıkan bazı kelamcılar ise marifetullahı şer’î bir sorumluluk olarak addetmiştir. Öte yandan onların üzerinde ittifak ettikleri diğer bir konu da marifetullah konusunda nazarın vâcip olduğu konusudur. Yani kelamcıların hepsi, marifetullahın akılla elde edilebileceğini, aklın O’nu bilmede bir âlet olduğunu ileri sürmüşlerdir. Varılan bu farklı sonuçlara göre kendisine ilahî mesaj ulaşmadığı için Allah’ı bilmeyenlerin ahiretteki durumunun ne olacağı sorusuna verilecek cevap da değişkenlik arz etmiştir. Bu çerçevede marifetullahı aklî bir sorumluluk olarak görenler, bu kimsenin uhrevî azaba müstehak olduğunu; şer’î bir yükümlülük görenler ise uhrevî azabın söz konusu olmayacağını ileri sürmüşlerdir.

From Wael-bin-Hallaq’s point of view, the modern language construction, epistemology and its associated concepts has led to the breakdown of Islamic law from its historical past and its inclusion in the lexical and epistemological framework built upon an alien and heterogeneous basis. The "legal system" within the framework of the modern state requires a distinction between "the legal" and "the moral" and the stipulation of binding regulation in formal codes. While, Islamic law is based on the integration of the moral and the legal, and the dialectic between them. Additionally, the pluralistic characteristic of Islamic law prevents its inclusion in the framework of legislation. This narration of modern law and Islamic law, while being insightful, has some shortcomings that should not be ignored. The absolute claim of laying the political at the center of modern law and the absence of a distinction between the moral and the legal in Islamic law and its independence from the political, if not incorrect, seems at least controversial.

An original work of Averroes, the Fasl al-maqal is remarked by its controversial character. Composed as a juridical statement, one of its main goals is to analyze the role of philosophy in Islamic Law determining which attitude must be adopted by those aware of the works of Greek antiquity. Facing a problematic scenario in which the legitimacy of philosophy is putted in question, the diagnosis and solution proposed by Averroes emphasizes a unique interpretation of the Law guided by Philosophy devised as a required element to achieve community welfare. This article intends to analyze that interpretation in which three points arise about the relationship between philosophy and revelation: (1) the insurance of the individual possibility of religious assent; (2) the endurance of common welfare, both associated to (3) the possibility of assert the legitimacy of an interpreter able to assure the correct assent to common believers. [ABSTRACT FROM AUTHOR]

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Copyright of Revista de Estudios Internacionales Mediterraneos is the property of Taller de Estudios Internacionales Mediterraneos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Estudios Internacionales Mediterraneos is the property of Taller de Estudios Internacionales Mediterraneos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Estudios Internacionales Mediterraneos is the property of Taller de Estudios Internacionales Mediterraneos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This essay is one of the first collaborative efforts to identify the underlying norms embedded in diverse traditions of Islamic law as these apply to contemporary Muslim communities experiencing conflict or transitioning from conflict. This long overdue endeavor draws upon comparative legal analyses, postconflict justice traditions, global governance, and empirical conflict studies to explore why Islamic legal norms are not often used as a resource for restraint and guidance in contemporary conflict settings. In exploring this puzzle, the authors make the case for strengthening commensurate Islamic and international conflict norms for complex conflicts and postconflict tradition. We also situate Islamic postconflict justice norms—which are too often confined to religious and natural law discussions—into contemporary problems of security policy, conflict prevention, and problems of governance. We indicate the many benefits of such a comparative approach for citizens of diverse Muslim and Arabs states and communities, trying to build pathways out of conflict, and for humanitarian and human rights practitioners working in such arenas toward similar goals. An additional, important benefit in excavating such shari’a norms is in providing the intellectual basis to counter politicized, extremist, and instrumentalist uses of Islamic law to justify extreme uses of political violence across the Middle East, Central and South Asian, and African regions.

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This paper is about community policing under Islamic Shari’a and its position in human security. This paper is intended to explain the characteristics and security paradigm in case Wilayatul Hisbah (Shari’a Police) in the province of Aceh. This paper connects the Shari’a police presence to human security, as well as how the characteristics of the security actors associated with maintaining order in the society of Aceh (community policing) are. As a result, the security paradigm in Aceh province is defi ned as the locality value, contradictory to those off ered in the human security - to be adopted in a democratic transition regime as in Indonesia.

This article elucidates local theology, which encapsulates in the work of shari’a in Acehnese contexts. The argument of this article is grounded in the Acehnese historical epochs in which Acehnese cultural identity were formulated. I argue that Acehnese shari’a is the set of local rituals, beliefs and ideas as the production of local interpretation of Islam, which responds to local cultural identity. That version of Islam works as local theology, which embodies sacred and divine values and is perceived as local identity and ideology. Building on Tibi’s, Salim’s and Nuim’s argument on shari’a and Hall’s perspective on identity and ideology, I examine the work of shari’a in Acehnese historical times, and its relation to Acehnese culture and ideology. There are four indications that shari’a holds central role in formulating the Acehnese theology, where local cultural identity and ideology are seen as part of Islamic religiosity, namely the process of Islamization of Southeast Asia, the function of local Islamic traditional boarding education (dayah), the distribution of local power, and the work of local arts.

Very little research has examined the emergence of Western Muslims into the elite professions that are central to the operation of the capitalist free market and that serve as a central location of economic and political power. Less research still has examined how this is shaping citizenship among Muslims and the future of Islam in the West. These professions include finance, trade and auditing and supporting free market infrastructure including commercial law, consulting and the entrepreneurial arms of government public service. Many Muslim men and women in these professions maintain a commitment to their faith and are often at the forefront of identifying opportunities for the application of Islamic principles to the free market through the development of social engineering mechanisms such as Islamic finance and home loans, Islamic wills, marriage contracts, businesses and context-specific solutions for Muslim clients. These may have a potentially profound impact on belonging and practice for current and future generations of Western Muslims. The political and economic clout (and broader potential public appeal) of these new Muslim elites often significantly outweighs that of Imams and Sheikhs and thus challenges traditional textually based Islam. This article, grounded in empirical research, seeks to build upon very limited research looking at Muslim elites, exploring these developments with specific reference to professionals working in Islamic finance and law across the Western contexts of Australia and the United States, two countries with capitalist free markets and significant Muslim minorities.

This article talks about the ordering of breastfeeding in the Quran through reviewing of Albaqarah verse 233 and then correlated to other supporting verses. In general, breastfeeding is a natural activity of woman who has a child. However, the Qur'an sees it as aprivilege for women, rather than a command of Allah. Breastfeeding is also full of benefits for human being. For advanced discussion, the reasons for the order can be scientifically proven havinga lot of beneficial both psychologically and physically for child and mother. Scientific facts show that the composition of breast milk contains the elements needed by the child that not found in others. Thus, it will physically make the child healthy. The breastfeeding process also helps mothers overcome their psychological problems postpartum, and will strengthen the emotional bond to children (bounding attachment).

Abstract As with other family law regimes, Muslim family law in Egypt plays an important role in shaping gender norms. In this article, I discuss adjudication by family courts during the period 2008-2013. I argue that the most important developments in this regard are: (1) standardisation of the way in which court rulings are written down, which contributed to a normalisation of the male-dominated nuclear family; and (2) the significant inclusion of Islamic sources in court rulings. A central question in this regard is how judges without a background in classical Islamic jurisprudence have applied the modern legal codes derived from shari‘a. I argue that a move towards greater standardisation of practice has taken place through a closer union between law and religious morality, with Quranic verses and the Sunna being used by judges in creative ways. Thus, shari‘a is continuously reinscribed in state law and its meaning construed in ways which differ from classical Islamic jurisprudence (fiqh). I also highlight the importance of key contextual factors, such as judicial training, time pressure, and the influence of computer technology, behind these developments.

This paper aims at looking at the phenomenon of intolerance against Jemaat Ahmadiya in Indonesia that has been occuring since several decades ago. The Jemaat Ahmadiya is continuously accused of blaspheming Islam, and, thus, led to its dissolution by the government. Employing political sociology as an approach, this article frames the plight of Jemaat Ahmadiyya through the lens of Jeremy Menchik’s “godly nationalism”. It then argues that (1) violence against Jemaat Ahmadiya are not only perpetrated by certain elements of intolerance society, but also accommodated by the government thanks to the general consensus regarding the common orthodox theism in Indonesia; (2) the phenomenon of intolerance also shows that Indonesian citizens are still perplexed by the concept of nationalism: on the one hand, Indonesia is deemed to be a secular state, on the other hand, it accommodates religions and their teachings into the state’s life.

In this article, the author deals with the epistemological role of the prophets from al-Ghazali’s view-point by an analytic method. This role includes both educational and training ones. In its educational role, it is both direct as well as indirect; it also includes both factual and moral knowledge. In this role, besides proposing truths beyond discursive reason, prophets give the way of achieving the highest intellectual level of knowledge in order that human beings, themselves, by ascending cognitive levels, would achieve that high level of knowledge. In this regard, the profound unity between reason and the Shari’a (prophetic teachings) in al-Ghazali's view, is also considered and clarifies that al-Ghazali ties the beginning of rational and scientific movement of human being with receiving knowledge by revelation (Shari’a). In his thought, only the prophetic level of knowledge, i.e. unveiling knowledge, is the one that guides human being to achieve certain knowledge, which is the perfection of rational knowledge in the lower level.

Exploring Islamic sources, Islamic rules are revealed for the sake of maslaha (wellbeing) in human life. However, in particular situations, implementing some rules might not achieve maslaha, and might even militate against it. In this regard, considering ma'alat (consequences of action) was suggested by al-Shatibi as a principle for providing exceptions in Islamic rules, either to ban a permitted action or to tolerate a prohibited action for the sake of maslaha. However, this principle could equate to the concept of the ends justifying the means. Thus, this paper aims to analyse the words of al-Shatibi on his idea of considering ma'alat. The findings reveal that, since considering ma'alatis applied at the stage of the implementation of rules, and this process is carried out under the discipline of maqasid al-Shari`a (objective of Islamic law), this principle is not being used to justify the amendment of Islamic rules. [ABSTRACT FROM AUTHOR]

This paper offers a cursory reading in the Ibadhi legacy, drawing on its diversity in place and time. It investigates the notion of sunna in its different meanings and connotations in this legacy, in the linguistic, usuli and fiqhi usage as well as at its intersections with hadith, athar and sira. The article documents the rich and independent legacy of the Ibadhi school. It concludes that, apart from minor particularities in technical terms and conceptualisation, there is virtually no difference as compared to other schools in the usage of the notion of sunna. [ABSTRACT FROM AUTHOR]