The Political Shariyah on Reforming the Ruler and the Ruled

Preservation of health (hifz al-sihhah) is the most important branch of Islamic medicine since it is primarily concerned with the prevention of illness rather than cure. This book represents one of the few attempts to introduce the role of Islamic medicine, although Chapter One provides information about a historical background of the preservation of helath in Islam, its aim is to provide fresh ant timely overview of the major aspects of legal, ritual and spiritual structures of teh Islamic law (shariah). These include the laws related to Ibadah, Islamic family laws, foods and drinks as well as environmental laws, for maintaning and preserving human health. Findings indicated that prevention of any diseases from Islamic medical law presentive cannot attain any real success unless it emanates from an Islamic fundamental teaching, namely: the pillars of Islam. Iman and observance of the Islamic rituals such as Salah, zakah, Sawm and Hajj, have played an important role in shaping the attitude, behavior and model personality of the Muslim, in boosting the spiritual motivation or attitude change, and in disseminating the message of prevention. This indicates that bodily and spiritual health goes hand in hand and that pyscho-spritual balance and health is a primary consideration whereas physical health is a secondary one.

This book offers a detailed presentation of the theory of Muslim law (usul al-figh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur’an and the Sunna – the precedent of the Prophet. Revelation, which is given to man to restore unity and help him achieve a just and devout order in society as well as in the soul, must be interpreted so as to render it practicable in every culture, while not betraying its spirit and immutable provisions. To achieve this, additional sources of legal authority are recognized, including consensus (ijma), analogical deduction (qiyas), public interest (maslaha) and local customary precedent (urf). In employing these, the jurist guards the five principles which it is the purpose of Islamic law to uphold, namely, the right to life, sound mind, property, lineage and religion.

This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. Although there has been many research works on the subject, it still requires further investigation on the role and nature of istihsan with regard to a combination of classical and modern approaches. Consisting of four chapters, the author begins by introducing some general principles of Islamic law, before discussing the history of istihsan during the time of the Prophet and his Companions. He also analyses the validity of istihsan as a source of law and discusses the differences among scholars on its method of implementation.

Abu Ishaq al-Shatibi, who died in 1888, had sought an answer to the challenge posed by modernisation and change to Islamic law, by introducing maslahah, which forms the basis of his philosophy of Islamic law. In a fascinating way, the author leads us step by step to what he considers the true import of Shatibi’s views concerning jurisprudence.