: The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah,in its capacity as the philosophy of Islamic law, in their legal and ethicalinterpretations, with added interest in addressing the issues of modern times.Aphoristically subsuming the major themes of the Sharīʿah, maqāṣid play apivotal role in the domain of decision-making and deduction of rulings onunprecedented ethical discourses. Ethics represent the infrastructure of Islamiclaw and the whole science of Islamic jurisprudence operates in the lightof maqāṣid to realize the ethics in people’s lives. (...) Scrutinizing the key themesof maqāṣid-based ijtihād and scope of ethics in maqāṣid, this article delvesinto the discourse on the application of maqāṣid to medical ethics. As a casestudy, this research analyses the extent of medical confidentiality in the light ofmaqāṣid and arrives at the conclusion that limited confidentiality goes more inline with the maxims of maqāṣid. (shrink)

Islamic legal maxims (qawāʿʿid fiqhiyyah) provide necessary basis for extracting legal injunctions on the unprecedented cases (fiqh al-nawāzil) and make it possible for the jurists to forego the need of memorizing copious fiqh treatises. In light of this fact, this article attempts to design a framework for harm elimination, utilizing the related legal maxims, which will be arguably of great use in developing an outlook that enables a person to tackle the many challenges he or she finds in the course (...) of removal of harm. After explaining the concept and definition of Islamic legal maxims in general, this research surveys in detail the universal legal maxim “harm must be eliminated”, covering its role and significance in the theories of fiqh and its scope and application in contemporary issues. Employing descriptive, analytical and critical methods, this study categorizes the legal maxims related to the harm elimination into three: (1) maxims related to prevention of harm before its occurrence, (2) maxims related to elimination of harm after it has taken place and (3) maxims related to minimization of harm if complete removal is impractical. Likewise, this research analyses the sub-maxims of harm elimination, discussing their legal bases, various purposes for which they operate, related uṣūlī principles and legal examples, providing at the end a flowchart that represents a sequence of five steps useful in the course of removal of harm. (shrink)

The Islamic legal maxim (al-qāʿidah al-fiqhiyyah) “no harm shall be inflicted or reciprocated” has become particularly significant in this era of pandemic. In the current context, this legal maxim is reasonably expected, provided that if they are adequately employed, to influence people’s choices and guide them to make certain decisions which are simultaneously religious and applicable for preservation of human life. This maxim is construed as prohibition of all actions that carry the notion of wronging, infringing on other’s rights, frustrating, (...) overpowering, or setting back some party’s interests. In this article, we attempt to discern what Islamic jurisprudence has to say in this crucial combat which causes this global crisis. In light of the mentioned Islamic legal maxim, a flowchart that represents the sequence of the certain steps is derived, which is beneficial to be taken into consideration in the choices, decisions and actions related to or in the time of COVID-19. (shrink)