Journal of College of Sharia and Islamic Studies

Back Matter

Hamzeh Abdallah Ayed Khwaileh — Thu, 23 Jan 2025 00:00:00 +0300

Sheikh al-Qaraḍāwī’s Independent Reasoning (Ijtihād) in Reformulating Contemporary Islamic Criminal Jurisprudence within the Framework of the Modern State

Gaber Mohamed — Thu, 23 Jan 2025 00:00:00 +0300

Objective: The present article presents Sheikh al-Qaraḍāwī’s innovative legal interpretations and choices on issues of Islamic criminal jurisprudence. It also examines al-Qaraḍāwī’s independent legal rulings across various branches of criminal jurisprudence, analysing and evaluating them according to the principles he set for contemporary ijtihād (independent legal reasoning).

Methodology: This study employs an inductive, descriptive, and analytical approach. First, it traces al-Qaraḍāwī’s ijtihād in criminal jurisprudence topics. Second, it examines his legal reasoning in light of his stated principles of ijtihād and his objective of adapting Islamic law to fit within the framework of the modern state. Third, it analyses his independent rulings (ijtihādāt) in relation to contemporary writings on criminal law.

Results: Islamic criminal jurisprudence was a central focus for Sheikh al-Qaraḍāwī as he worked to develop an approach to Islamic law that fits within the framework of the modern state while upholding the principles of the Sharia. He consistently maintained that any effort to implement criminal punishments prescribed in Islam must be grounded in a contemporary understanding of the Sharia’s foundational sources. Sheikh al-Qaraḍāwī views Islamic criminal jurisprudence as fundamentally concerned with safeguarding religion, life, progeny, intellect, and property for all people. He believes that Islamic punitive measures primarily aim at promoting values and upholding human rights principles without discrimination based on religion, race, colour, or gender.

Al-Qaraḍāwī’s views covered a range of complex criminal issues, including his stance on abolishing the death penalty, gender equality in matters of blood money, retribution between Muslims and non-Muslims, the changing jurisprudential concept of guardianship in retribution cases, the minimum threshold for amputation on theft, criticism of the modern prison system, punishment by stoning, the crime of apostasy, and his critique of the prevailing European narrative on corporal punishments in Islam.

Originality: The originality of this study lies in its focus on the overlooked distinction between public and private matters in modern and pre-modern Islamic criminal jurisprudence.

Landmarks of Terminological and Conceptual Renewal in Yūsuf al-Qaraḍāwī (Renewal, Jurisprudence, and the Umma)

Essam Al-Bashir — Thu, 23 Jan 2025 00:00:00 +0300

Objectives: Al-Qaraḍāwī established principles and guidelines for modernizing concepts and terminology, with the goal of fostering their sound understanding and effective application. His approach follows a systematic method that considers the context and historical development of language. He incorporates insights from the Qur’an and the Sunna, references traditional usage, and keeps the goals of the Sharia and the intentions of the lawgiver in mind. His methodology is responsive to current issues and looks ahead to future challenges. This study seeks to explore al-Qaraḍāwī’s approach to renewing three key concepts: ‘renewal’, ‘umma’ (the Islamic community), and ‘jurisprudence’. It aims to clarify their meanings and the potential for their renewal through a balanced approach that values both depth and creativity. The study intends to offer a model that researchers and scholars can use to further develop and expand these areas within an inclusive framework.

Methodology: This study relies on an inductive approach to explore al-Qaraḍāwī’s legacy, including his books and lectures, as well as an analytical approach to examining these sources.

Results: The article highlights al-Qaraḍāwī’s approach to renewal in conceptual terms, outlining its guidelines and characteristics. It also reveals his deep focus on terminology, emphasising foundational understanding, practical application, as well as critique and renewal.

Originality: Although there is a wealth of Islamic scholarship on al-Qaraḍāwī’s jurisprudential and intellectual work, this study focuses on his approach to concepts and terminology. It examines crucial ideas he developed in his writings and how he approached updating them.

Knowledge Integration and Its Impact on Jurisprudential Development in al-Qaraḍāwī’s Thought: An Exploration of His Ideas and Preferences

Abdoul Ahad Moustapha Abdourahmane LO — Thu, 23 Jan 2025 00:00:00 +0300

Objectives: This article seeks to reveal the presence of knowledge integration in al-Qaraḍāwī’s thought by exploring its defining features and assessing its influence on the evolution of jurisprudence, particularly regarding his ideas and preferences.

Methodology: This study primarily employs an inductive approach to tracing elements reflecting the presence of knowledge integration in al-Qaraḍāwī’s personality and investigating practical examples of this integration in his jurisprudential legacy.

Results: This study’s outcome is that knowledge integration was significantly evident in al-Qaraḍāwī’s thought, both in word and deed. It also finds that integration informed his understanding of the facts, evidenced by numerous examples, and had an impact on his preferences, as seen in his selection of views aligning with scientific data on various issues. Nevertheless, in some cases, his approach did not fully align with his principles of integration.

Originality: This article’s scholarly value lies in uncovering the principle of knowledge integration within al-Qaraḍāwī’s thought and examining its influence on his jurisprudential practices, particularly in his ideas and preferences. It also sheds light on both the innovative aspects and limitations of his model.

Aspects of Maqāṣid-Based Renewal and Its Impact on Fatwas Involving Women and the Family by Sheikh Yūsuf al-Qaraḍāwī

Arbia Lanani — Thu, 23 Jan 2025 00:00:00 +0300

Objectives: This study aims to clarify the essence of maqāṣid-based renewal (renewal based on the higher objectives of the Sharia), examine Sheikh Yūsuf al-Qaraḍāwī’s approach in this field, highlight his most significant contributions, and assess the effectiveness of these contributions in addressing issues related to women and the family.

Methodology: This study employs a descriptive method to detail definitions, rulings, and fatwas, an inductive method to trace statements on maqāṣid to form a comprehensive view of the Sheikh’s contributions, and an analytical method to examine the definition and manifestations of maqāṣid-based renewal, and its application in family and women’s issues.

Results: The outcome of this study is that independent reasoning (ijtihād) based on the higher objectives (maqāṣid) of the law is one of the most effective ways to renew Islamic society. It affirms the suitability of Islamic law for all times and places and is essential for advancing the progress of ijtihād. A safeguard against misplaced calls for innovation or abrogation, it preserves or awakens what we would naturally be inclined to do. These are the very objectives that the contributions of the Sheikh sought to achieve.

Originality: Maqāṣid-based ijtihād was known to early scholars, and contemporary legal experts have increasingly adopted it as a method for deriving rulings. The approach was illustrated with examples from Sheikh al-Qaraḍāwī’s fatwas on women and the family, which, despite extensive discussion over time, have rarely been presented convincingly as the Sheikh managed to do, establishing the necessity of its application in addressing future issues in society.

The claim of Methodological Inconsistency in Sheikh al-Qaraḍāwī’s Jurisprudential Approach: A Study and Evaluation

Ayman Saleh — Thu, 23 Jan 2025 00:00:00 +0300

Objectives: Sheikh al-Qaraḍāwī established a jurisprudential approach distinct from the prevalent methodologies in the scholarly arena, notably differing from traditional madhhab-based (school-based) and Salafi methodologies. Numerous scholars from the traditional school-based perspective have described his approach as contradictory and inconsistent, suggesting it lacks consistent, systematic, and established jurisprudential principles. They argue that he alters his approach in accordance with the issues at hand, often influenced by contemporary circumstances and in favour of the easier option. These scholars have presented a range of evidence and examples to support their claims. This study aims to examine these claims, as presented by their proponents, to assess their accuracy and validity.

Methodology: The author employed a descriptive, analytical, and then critical approach, presenting the claims and their evidence as cited by their proponents and then discussing them both generally and in detail in light of the nature of ijtihad (independent reasoning) among jurists, mainly as it appears in Sheikh al-Qaraḍāwī’s methodology.

Results: The author concludes that the aforementioned claims lack precision and objectivity and that the Sheikh’s methodology is no less stable and consistent than the traditional school-based jurisprudential approach.

Originality: This study is the first to address and evaluate the claims of methodological inconsistency in Sheikh al-Qaraḍāwī’s approach.

The Methodology Followed by Sheikh Yūsuf al-Qaraḍāwī in his Fatwas

Hussein Mohamed Ibrahim — Thu, 23 Jan 2025 00:00:00 +0300

Objective: This article seeks to honour Sheikh al-Qaraḍāwī's legacy by contributing to a collection of systematic studies that provide guidance and draw value from his rich scholarly heritage.

Methodology: This study uses a descriptive-analytical approach to identify the defining elements of Sheikh al-Qaraḍāwī’s methodology in his fatwas, drawing insights from his books and studies and highlighting the major foundational, jurisprudential and maqāṣid (objectives-based) principles he relied upon in this regard. It will also seek to identify any anomalous fatwas that lack soundness and diverge from his usual fatwa methodology.

Results: The study found that Sheikh al-Qaraḍāwī’s methodology primarily revolves around “facilitation” (taysīr), which is evident in most of his fatwas. He excelled in his reasoning and in establishing a foundation for this methodology; he neither compromised in adhering to the texts nor was overly rigid in his interpretations. He sought, as much as possible, to find accessible solutions to new issues with balance and moderation. The study also revealed that Sheikh al-Qaraḍāwī established precise and clear principles for issuing fatwas, which he adhered to rigorously in his books and rulings. A thorough examination shows that most criticisms of Sheikh al-Qaraḍāwī’ are inaccurate and stem from sectarian bias or political motives. Nevertheless, he made some mistakes in his independent reasoning (ijtihād) and fatwas, for which he, God willing, will be rewarded as a jurist who did his utmost.

Originality: The study's originality lies in its focus on an essential aspect of Sheikh al-Qaraḍāwī’s contributions, namely his fatwas, summarising the methodology and principles he followed in this field.

Applied Fiqh in al-Qaraḍāwī’s Thought: An Analytical Study of its Foundations and Methodology

Asma Nouri — Thu, 23 Jan 2025 00:00:00 +0300

Objective: This article aims to highlight the role of the method of applied fiqh (fiqh al-tanzīl) in addressing the issue of implementing Islamic law, which stands as one of the central issues in contemporary studies. This involves examining the methodology adopted by modern scholars when engaging with questions of ijtihād (independent legal reasoning), with a particular focus on al-Qaraḍāwī. His approach warrants examination due to his comprehensive perspective on Islamic referentiality in all areas of life and his methods for applying both the general and specific rulings of Islamic jurisprudence through guidance and renewal in the engagement with texts both as jurisprudence and in practical application. Since this demonstrates an implicit understanding of fiqh al-tanzil, this paper’s key themes revolve around the presence of this type of ijtihad in al-Qaraḍāwī’s view of contemporary juristic reasoning.

Methodology: The study employs an inductive approach, tracing texts related to the topic in their theoretical and practical aspects. Additionally, it relies on an analytical approach to uncover the knowledge content of the issues under investigation.

Results: The collected data establishes the originality and centrality of fiqh al-tanzil in shaping al-Qaraḍāwī’s vision of contemporary ijtihād. It also highlights the features of renewal and guidance in applying the legal texts based on linking the universals and particulars of Islam, its objectives and meanings, and its hierarchical priorities.

Originality: This study’s originality lies in its direct engagement with al-Qaraḍāwī’s comprehensive approach to Islamic referentiality in contemporary life. It is also the first study to address both the theoretical and practical discussions of these issues using rigorous academic research tools.

The Jurisprudence of Reviving the Ummah According to Sheikh al-Qaraḍāwī: A Study of the Features and Pillars of Renewal

Messaouda Alouache — Thu, 23 Jan 2025 00:00:00 +0300

Objective: The main objective of this paper is to examine Sheikh al-Qaraḍāwī’s thought as reflected in his daʿwa (missionary) project, which aimed to preserve and revitalise the Ummah (Muslim community) and develop a jurisprudence for its renewal throughout his scholarly journey.

Methodology: The nature of the topic required an inductive approach to extract the concept of the jurisprudence of revival (fiqh al-iḥyāʾ) and understand it in the thought of al-Qaraḍāwī, alongside a descriptive method drawing on the principles of analysis and deduction.

Results: The article underscores al-Qaraḍāwī’s contributions to the renewal of the Ummah through his daʿwa project, aimed at revitalising and affirming its authentic existence with all its foundational elements. He accomplished this by tackling the Ummah’s issues through ijtihād (independent reasoning) and advocating for a jurisprudence focused on revival and renewal. The article emphasises the significance of his scholarly legacy, which integrates the jurisprudence of revelation with that of contemporary realities, addressing modern developments and ensuring the ongoing relevance of his project within today’s Ummah.

Originality: By precisely outlining its knowledge goals, this article offers clear insights into the foundational principles of the jurisprudence of revival and its evolution. It further highlights al-Qaraḍāwī’s views on the jurisprudence of renewal and guidance, as well as his scholarly and missionary contributions to revitalising the Ummah.

The Vital Interests of the Ummah and the Conditions for Civilizational Response in the Thought of Imam al-Qaraḍāwī

Muhammad Abdel Halim Bichi — Thu, 23 Jan 2025 00:00:00 +0300

Objectives: This study aims to uncover instances of collective jurisprudence in the Islamic heritage and the innovations brought to it by Imam al-Qaraḍāwī. It also seeks to catalogue and organise instances of ‘vital interest’ (maṣlaḥa ḥayawiyya) across al-Qaraḍāwī’s writings and explore the major links between safeguarding internal and external vital interests and the conditions for a civilisational response.

Methodology: The study employs a descriptive-analytical method, incorporating elements of critique and comparison. It relies primarily on al-Qaraḍāwī’s writings and related studies.

Results: The findings emphasise an urgent need to systematically document and apply the principles of collective jurisprudence to address major civilisational dilemmas promptly and to mobilise both moral and material resources to overcome the obstacles facing Muslim society. This study further highlights the importance of providing the means for that purpose and developing a jurisprudence safeguarding essential collective interests, both internal and external, as neglecting them would harm the entire Muslim community, threaten its overall security, and delay a much-anticipated civilisational renaissance.

Originality: This study’s uniqueness lies in highlighting al-Qaraḍāwī’s forward-looking and adaptive vision, aiming to expand Islamic jurisprudence to encompass the realm of vital interests. These interests vary between necessities and needs, with the majority falling into the category of immediate obligations. They intersect with both individual and collective duties, and their realisation strengthens the civilisational response required to meet the pressing challenges facing the Islamic community, enabling it to assume an optimal role in contributing to the welfare of humanity.

Methodological Landmarks and Aspects of Renewal in Sheikh Yūsuf al-Qaraḍāwī’s Stance on Western Civilization and Islamic Revival

Younes Ammar Mellal — Thu, 23 Jan 2025 00:00:00 +0300

Abstract

Objectives: Sheikh al-Qaraḍāwī profoundly engaged with two key issues: the approach to Western civilisation and the pursuit of a civilisational revival among Muslims. This study seeks to identify the methodological principles and elements of renewal within al-Qaraḍāwī’s perspective on these topics.

Methodology: The study follows a descriptive and analytical approach.

Results: The study concludes that Sheikh al-Qaraḍāwī’s stance on Western civilisation is not an end in itself but reflects his commitment to the new Islamic civilisational revival. His approach is marked by fairness, realism, and positivity, embracing dialogue, disciplined openness, modern relevance, thoughtful borrowing, and discerning selection. His reformist vision represents a mature, evolved approach to reform, one that values innovation, diligent inquiry, realism, and contemporaneity while rejecting traditionalism, stagnation, and blind imitation.

Originality: This study's uniqueness lies in the alignment between Sheikh al-Qaraḍāwī’s thought and civilisational vision and the evolving needs of the Islamic world in relation to Western civilisation and the anticipated future Islamic renaissance.

Guiding Women’s Roles in the Thought of Imam Yūsuf al-Qaraḍāwī

Serine Louiz — Thu, 23 Jan 2025 00:00:00 +0300

Objectives: This article explores Yūsuf al-Qaraḍāwī’s approach to defining the roles of Muslim women, emphasising the key principles and foundational concepts that informed his views. It also aims to apply his insights to enhance Muslim women’s engagement with their responsibilities in the contemporary world.

Methodology: The study employs an inductive and analytical approach to examine key concepts in al-Qaraḍāwī’s guidance on women’s roles, analyse the factors contributing to setbacks in this area within the Islamic world, and derive the foundational model of roles he established based on sound religious understanding. This model is then integrated with his methodology, providing the fundamental starting point for addressing contemporary women’s issues.

Results: The study found that understanding women’s roles is vital for reinstating the active influence of Muslim women, who make up over half of society. Establishing foundational principles is essential for effectively channelling women’s contributions toward development and progress. This effort should draw on a balanced Islamic framework that tackles the core challenges of modern life while emphasising the importance of intellectual foundations in al-Qaraḍāwī’s approach to renewal.

Originality: This study reflects al-Qaraḍāwī’s guidance on fostering Muslim women’s awareness of their essential roles, providing an alternative to rights-based feminist discourse. His emphasis on this topic is central to his thinking and lays the groundwork for further research into renewed approaches to addressing women’s issues.

Table of Content

Hamzeh Abdallah Ayed Khwaileh — Thu, 23 Jan 2025 00:00:00 +0300

Table of Content

Hamzeh Abdallah Ayed Khwaileh — Thu, 23 Jan 2025 00:00:00 +0300

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — Thu, 23 Jan 2025 00:00:00 +0300

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — Thu, 23 Jan 2025 00:00:00 +0300

Front Matter

Hamzeh Abdallah Ayed Khwaileh — Thu, 23 Jan 2025 00:00:00 +0300