It’s the harasser who’s responsible in Islamic law

“Oppressing women and justifying it using Shari’a is more offensive to our Prophet than a cheap film.” Al-Habib ‘Ali al-Jifri Fear of sexual harassment is a fact of life for women in Egypt. Many have posited that women themselves should bear responsibility for such harassment, with even seemingly religious arguments being deployed to support such … Read more…

Collection of Maqasid

The following list of maqāṣid al-sharī‘ah—overarching objectives and purposes of Islam[ic Legislation]—was extracted from Ibn ‘Āshūr’s Maqāṣid al-sharī‘ah. For more information, please consult the Arabic original or its English translation. This list is by no means exhaustive, though it does include the main ones mentioned in the book.

The maqāṣid include:

  • preservation of the order of the world & regulating human conduct
  • preventing our inflicting harm and destruction upon the world
  • preservation of religion, life, the intellect, property, lineage, & dignity

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The Overarching Purposes (maqāṣid) of Medicine

From the perspective of the Shari‘ah, the overarching purposes (maqāṣid) of medicine are the preservation of life, the body, its limbs, and considering them as necessities; warding off harms and anything which is harmful; preservation of health and providing treatment; and, enabling mankind to fulfill its role of stewardship (Ar. khilāfah).1 There is a large … Read more…

Antiprotips Collected

The #antiprotip series includes existing patterns or behavior that need to be avoided. If you find yourself inclining towards any of these things, please reconsider.

  • #antiprotip Harm to others is trumped by serious profits in pockets.
  • #antiprotip Take the quick road to mastery by declaring irrelevant all you don’t already know.
  • #antiprotip Want your subjects to do something they aren’t already? Declare it illegal.

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Protips Collected

The #protip series includes recommendations and reminders.

  • Train yourself to generate pro- & counter- scenarios—a major fiqh need is matching masa’il & ‘ilal to the contemporary context.
  • For every x, adjust x to suit Islam, not Islam to suit x.
  • Beware of sloppily switching topics while using a term: “sunnah” changes meaning in usul al-fiqh, mustalah al-hadith, and fiqh.

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Thoughts on gender-specific obligations

Hijab is not the only gender specific obligation. Other gender-specific obligations include: men (as a group) are required to uphold the five daily congregational prayers, carry out funeral rites, defend Islam, settle disputes; males (as individuals) are required to abstain from shaving their beard1, attend Friday Prayer, pay Zakat al-Fitr for their dependents, the dowry, … Read more…

The Razing and Preservation of Historical Sites

The current Custodians of the Sacred Sanctuaries consider it necessary to expand the Mosque of the Sacred Sanctuary in order to accommodate the projected quantities of future Pilgrims. They have decided to raze several historical mosques and sites in order to carry out this expansion.

There has been a lot of heated discussion concerning the issue. So far I have not seen solid, shari‘ah-grounded justifications from either side which is binding upon their disputant.

I personally am against razing the buildings for various reasons and would rather see them left alone or somehow preserved within the expansion. Unfortunately, none of these reasons is so compelling that it would require an opponent to change his mind. Some of these reasons include:

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