Mohammad Shihan | Jamiah Naleemiah (original) (raw)
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Papers by Mohammad Shihan
Edited Book on “Intellectual Discourse on Proposed Reformation of the Muslim Marriage and Divorce Act (MMDA)”, 2024
In recent times, there has been significant intellectual discourse surrounding the Muslim Marriag... more In recent times, there has been significant intellectual discourse surrounding the Muslim Marriage and Divorce Act governing Sri Lankan Muslims. Criticisms of both its theoretical underpinnings and practical applications have intensified calls for reform. Despite proposals for reform from various quarters, disagreements between stakeholders have impeded progress in deciding on the matter. Nevertheless, ongoing research endeavours continue to explore this topic from diverse perspectives. Against this backdrop, the goal-oriented approach of Islamic shari'ah has garnered scholarly attention in Islamic jurisprudence over recent decades. This approach delves into understanding the essence of
Zenodo (CERN European Organization for Nuclear Research), Feb 13, 2023
International Journal of Social Science and Human Research
Some people criticize that the classic Fiqh literature mostly focuses on generating ruling to mee... more Some people criticize that the classic Fiqh literature mostly focuses on generating ruling to meet the requirements of individuals rather than the community. This drives the society toward individual sense and turns their attention towards the perfection of personal rituals. On the contrary, the ShariÑah generally aims at both the community and individuals, when it requests the application of SharÊÑah rulings and commands. Because the fundamental intent of Islamic law is to regulate the Muslim community’s affairs by achieving benefit to it and averting harm from it. Accordingly, an objective approach to the texts of SharÊÑah has given rebirth to the communal perspective since the ultimate objective of SharÊÑah is to preserve social function and order and perpetuate its well-being and integrity. Therefore, this article aims to scrutinize the social dimension of ShariÑah and how it vanished from Islamic scholarship, and chiefly how it was re-emerged with the rebirth of MaqÉsid al-Shar...
Asy-Syari'ah
The Sharīʿah is of fundamental importance for all Muslims. No Muslim is exempted from following t... more The Sharīʿah is of fundamental importance for all Muslims. No Muslim is exempted from following the Sharīʿah. However, the understanding of Islamic law is often too narrow and problematic for several reasons. Further, this situation is more critical in the Muslim minority context since it paves the ways to misunderstand and misinterpret the nature and purpose of the Sharīʿah. Therefore, applying Sharīʿah has become a controversial matter that harms people's interests rather than serves them. Further, during the last few decades, there has been significant interest among the scholars of Sharī'ah in producing the Maqāsid al-Sharī'ah as a new methodology to interpret the texts of Sharīʿah. They propose Maqāsid al-Sharī'ah as general principles that open expansive rooms for applying Sharīʿah under its broad perspective. Acknowledging this background, the researcher examined the views of Sri Lankan Muslim scholars about applying Sharīʿah based on Maqāsid al-Sharī'ah's viewpoint. Hence, the perceptions about the application of Sharīʿah are collected from selected Muslim scholars by conducting the interview. This study follows the qualitative method of data collection and content analysis method to reach the results and findings. Accordingly, the study reveals that the prevailing narrow perspective about Sharīʿah serves as an obstacle for the correct and beneficial application of the Sharīʿah and causes negative perceptions among the public. Consequently, the study concludes that the broad perspective of Sharī'ah opens a more expansive space for the application of Sharī'ah and largely helps cooperate and collaborate with other religious communities.
The Sharīʿah is of fundamental importance for all Muslims. No Muslim is exempted from following t... more The Sharīʿah is of fundamental importance for all Muslims. No Muslim is exempted from following the Sharīʿah. However, the understanding of Islamic law is often too narrow and problematic for several reasons. Further, this situation is more critical in the Muslim minority context since it paves the ways to misunderstand and misinterpret the nature and purpose of the Sharīʿah. Therefore, applying Sharīʿah has become a controversial matter that harms people's interests rather than serves them. Further, during the last few decades, there has been significant interest among the scholars of Sharī'ah in producing the Maqāsid al-Sharī'ah as a new methodology to interpret the texts of Sharīʿah. They propose Maqāsid al-Sharī'ah as general principles that open expansive rooms for applying Sharīʿah under its broad perspective. Acknowledging this background, the researcher examined the views of Sri Lankan Muslim scholars about applying Sharīʿah based on Maqāsid al-Sharī'ah's viewpoint. Hence, the perceptions about the application of Sharīʿah are collected from selected Muslim scholars by conducting the interview. This study follows the qualitative method of data collection and content analysis method to reach the results and findings. Accordingly, the study reveals that the prevailing narrow perspective about Sharīʿah serves as an obstacle for the correct and beneficial application of the Sharīʿah and causes negative perceptions among the public. Consequently, the study concludes that the broad perspective of Sharī'ah opens a more expansive space for the application of Sharī'ah and largely helps cooperate and collaborate with other religious communities.
Al Hikmah International Journal of Islamic Studies and Human Sciences
The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as... more The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as a valid method of interpreting the revealed text and as a valuable instrument for solving contemporary issues because it helps reform Islamic thought and civilization. Indeed, the idea of maqāṣid al-Sharīʿah has been widely studied and expanded by modern scholars of Islamic legal theory. Chiefly, Ibn ͑Ashur and contemporary MaqÉsid scholars renewed the scholarly discourse and ensured its proliferation and wide acceptance in legal studies. It has emerged as a new science that connects with all other legal disciplines. Thus, scholars firmly assert that the maqāṣid al-Sharīʿah constitute the most important intellectual means and methodologies for Islamic reform today. Consequently, the researchers aim to examine the modern discourse of Maqāṣid al-Sharīʿah and the latest developments beyond the universal MaqÉÎid. Mainly, the researchers scrutinize the two objectives namely the preservation ...
Kolej University Islam and Islamic Book Trust, 2020
Islamic Shariah pays higher attention to the preservation of the family institution. Hence, the ... more Islamic Shariah pays higher attention to the preservation of the family institution. Hence, the
financial stability of the family is considered a significant way of its preservation because, the
finance of a family relates to all other elements such as education, security, health, and
prosperous life. Therefore, the lack of knowledge about managing financial activities leads to
many disorders and problems in the family. Accordingly, experts have found that financial
management means planning, organize, prioritize, control and monitor financial activities to
enhance the life of the family members with all the above-mentioned dimensions. Indeed,
Islamic Shariah highly promotes that each activity of human beings should be planned and
organized. Further, wealth is a trust on the shoulders of a Muslim, and he/she is accountable
for its accumulation and distribution on the day of judgment. So, the need of having a proper
management system for financial endeavors in line with Shariah principles is highly
acknowledged. Nonetheless, Shariah scholars have paid less attention to this vital subject.
Thus, understanding of the Islamic perspective of wealth is considered foremost important to
organize the financial activities of the family. Hence, to organize the financial conduct the
researcher has proposed some notions such as Maqasid based on the order of importance
namely essential, exigencies and enhancements and, the notions such as prioritization,
consequentialism, moderation and ‘Shura’ consultation. Hence, following the qualitative
method to develop this paper the researcher depends on the available religious texts,
publications, and articles related to the higher objective of Shariah. Therefore, this paper aims
to propose some ideas to organize the financial activities of the family to avoid financial
harm and disorders while enhancing the quality of life.
Keywords: Management, Higher objectives, Family Institution, Distribution, and
Prioritization.
Journal of Ibn Haldun Studies, Ibn Haldun University
The "Asabiyyah" of Ibn Khaldun elucidates the important of group feeling which is basis for rise ... more The "Asabiyyah" of Ibn Khaldun elucidates the important of group feeling which is basis for rise and fall of a community. According to him, 'Asabiyyah' is a natural feeling of affection instilled in human beings, mainly protecting their group members who are treated unfairly. Further he argued that the 'Asabiyyah' could serve as one of instrumental social driving devices to unite people. Thus, the researcher has proposed to study its adequacy in bringing solutions for the challenges of Muslim minority communities where their disunity deteriorates them further. So, to explore this, the researcher will examine inherent interconnection between 'Asabiyyah', fitrah and Maqasid al-Shariah and their relevance to Muslim Minority communities.
The "Asabiyyah" of Ibn Khaldun elucidates the important of group feeling which is basis for rise ... more The "Asabiyyah" of Ibn Khaldun elucidates the important of group feeling which is basis for rise and fall of a community. According to him, 'Asabiyyah' is a natural feeling of affection instilled in human beings, mainly protecting their group members who are treated unfairly. Further he argued that the 'Asabiyyah' could serve as one of instrumental social driving devices to unite people. Thus, the researcher has proposed to study its adequacy in bringing solutions for the challenges of Muslim minority communities where their disunity deteriorates them further. So, to explore this, the researcher will examine inherent interconnection between 'Asabiyyah', fitrah and Maqasid al-Shariah and their relevance to Muslim Minority communities.
Edited Book on “Intellectual Discourse on Proposed Reformation of the Muslim Marriage and Divorce Act (MMDA)”, 2024
In recent times, there has been significant intellectual discourse surrounding the Muslim Marriag... more In recent times, there has been significant intellectual discourse surrounding the Muslim Marriage and Divorce Act governing Sri Lankan Muslims. Criticisms of both its theoretical underpinnings and practical applications have intensified calls for reform. Despite proposals for reform from various quarters, disagreements between stakeholders have impeded progress in deciding on the matter. Nevertheless, ongoing research endeavours continue to explore this topic from diverse perspectives. Against this backdrop, the goal-oriented approach of Islamic shari'ah has garnered scholarly attention in Islamic jurisprudence over recent decades. This approach delves into understanding the essence of
Zenodo (CERN European Organization for Nuclear Research), Feb 13, 2023
International Journal of Social Science and Human Research
Some people criticize that the classic Fiqh literature mostly focuses on generating ruling to mee... more Some people criticize that the classic Fiqh literature mostly focuses on generating ruling to meet the requirements of individuals rather than the community. This drives the society toward individual sense and turns their attention towards the perfection of personal rituals. On the contrary, the ShariÑah generally aims at both the community and individuals, when it requests the application of SharÊÑah rulings and commands. Because the fundamental intent of Islamic law is to regulate the Muslim community’s affairs by achieving benefit to it and averting harm from it. Accordingly, an objective approach to the texts of SharÊÑah has given rebirth to the communal perspective since the ultimate objective of SharÊÑah is to preserve social function and order and perpetuate its well-being and integrity. Therefore, this article aims to scrutinize the social dimension of ShariÑah and how it vanished from Islamic scholarship, and chiefly how it was re-emerged with the rebirth of MaqÉsid al-Shar...
Asy-Syari'ah
The Sharīʿah is of fundamental importance for all Muslims. No Muslim is exempted from following t... more The Sharīʿah is of fundamental importance for all Muslims. No Muslim is exempted from following the Sharīʿah. However, the understanding of Islamic law is often too narrow and problematic for several reasons. Further, this situation is more critical in the Muslim minority context since it paves the ways to misunderstand and misinterpret the nature and purpose of the Sharīʿah. Therefore, applying Sharīʿah has become a controversial matter that harms people's interests rather than serves them. Further, during the last few decades, there has been significant interest among the scholars of Sharī'ah in producing the Maqāsid al-Sharī'ah as a new methodology to interpret the texts of Sharīʿah. They propose Maqāsid al-Sharī'ah as general principles that open expansive rooms for applying Sharīʿah under its broad perspective. Acknowledging this background, the researcher examined the views of Sri Lankan Muslim scholars about applying Sharīʿah based on Maqāsid al-Sharī'ah's viewpoint. Hence, the perceptions about the application of Sharīʿah are collected from selected Muslim scholars by conducting the interview. This study follows the qualitative method of data collection and content analysis method to reach the results and findings. Accordingly, the study reveals that the prevailing narrow perspective about Sharīʿah serves as an obstacle for the correct and beneficial application of the Sharīʿah and causes negative perceptions among the public. Consequently, the study concludes that the broad perspective of Sharī'ah opens a more expansive space for the application of Sharī'ah and largely helps cooperate and collaborate with other religious communities.
The Sharīʿah is of fundamental importance for all Muslims. No Muslim is exempted from following t... more The Sharīʿah is of fundamental importance for all Muslims. No Muslim is exempted from following the Sharīʿah. However, the understanding of Islamic law is often too narrow and problematic for several reasons. Further, this situation is more critical in the Muslim minority context since it paves the ways to misunderstand and misinterpret the nature and purpose of the Sharīʿah. Therefore, applying Sharīʿah has become a controversial matter that harms people's interests rather than serves them. Further, during the last few decades, there has been significant interest among the scholars of Sharī'ah in producing the Maqāsid al-Sharī'ah as a new methodology to interpret the texts of Sharīʿah. They propose Maqāsid al-Sharī'ah as general principles that open expansive rooms for applying Sharīʿah under its broad perspective. Acknowledging this background, the researcher examined the views of Sri Lankan Muslim scholars about applying Sharīʿah based on Maqāsid al-Sharī'ah's viewpoint. Hence, the perceptions about the application of Sharīʿah are collected from selected Muslim scholars by conducting the interview. This study follows the qualitative method of data collection and content analysis method to reach the results and findings. Accordingly, the study reveals that the prevailing narrow perspective about Sharīʿah serves as an obstacle for the correct and beneficial application of the Sharīʿah and causes negative perceptions among the public. Consequently, the study concludes that the broad perspective of Sharī'ah opens a more expansive space for the application of Sharī'ah and largely helps cooperate and collaborate with other religious communities.
Al Hikmah International Journal of Islamic Studies and Human Sciences
The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as... more The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as a valid method of interpreting the revealed text and as a valuable instrument for solving contemporary issues because it helps reform Islamic thought and civilization. Indeed, the idea of maqāṣid al-Sharīʿah has been widely studied and expanded by modern scholars of Islamic legal theory. Chiefly, Ibn ͑Ashur and contemporary MaqÉsid scholars renewed the scholarly discourse and ensured its proliferation and wide acceptance in legal studies. It has emerged as a new science that connects with all other legal disciplines. Thus, scholars firmly assert that the maqāṣid al-Sharīʿah constitute the most important intellectual means and methodologies for Islamic reform today. Consequently, the researchers aim to examine the modern discourse of Maqāṣid al-Sharīʿah and the latest developments beyond the universal MaqÉÎid. Mainly, the researchers scrutinize the two objectives namely the preservation ...
Kolej University Islam and Islamic Book Trust, 2020
Islamic Shariah pays higher attention to the preservation of the family institution. Hence, the ... more Islamic Shariah pays higher attention to the preservation of the family institution. Hence, the
financial stability of the family is considered a significant way of its preservation because, the
finance of a family relates to all other elements such as education, security, health, and
prosperous life. Therefore, the lack of knowledge about managing financial activities leads to
many disorders and problems in the family. Accordingly, experts have found that financial
management means planning, organize, prioritize, control and monitor financial activities to
enhance the life of the family members with all the above-mentioned dimensions. Indeed,
Islamic Shariah highly promotes that each activity of human beings should be planned and
organized. Further, wealth is a trust on the shoulders of a Muslim, and he/she is accountable
for its accumulation and distribution on the day of judgment. So, the need of having a proper
management system for financial endeavors in line with Shariah principles is highly
acknowledged. Nonetheless, Shariah scholars have paid less attention to this vital subject.
Thus, understanding of the Islamic perspective of wealth is considered foremost important to
organize the financial activities of the family. Hence, to organize the financial conduct the
researcher has proposed some notions such as Maqasid based on the order of importance
namely essential, exigencies and enhancements and, the notions such as prioritization,
consequentialism, moderation and ‘Shura’ consultation. Hence, following the qualitative
method to develop this paper the researcher depends on the available religious texts,
publications, and articles related to the higher objective of Shariah. Therefore, this paper aims
to propose some ideas to organize the financial activities of the family to avoid financial
harm and disorders while enhancing the quality of life.
Keywords: Management, Higher objectives, Family Institution, Distribution, and
Prioritization.
Journal of Ibn Haldun Studies, Ibn Haldun University
The "Asabiyyah" of Ibn Khaldun elucidates the important of group feeling which is basis for rise ... more The "Asabiyyah" of Ibn Khaldun elucidates the important of group feeling which is basis for rise and fall of a community. According to him, 'Asabiyyah' is a natural feeling of affection instilled in human beings, mainly protecting their group members who are treated unfairly. Further he argued that the 'Asabiyyah' could serve as one of instrumental social driving devices to unite people. Thus, the researcher has proposed to study its adequacy in bringing solutions for the challenges of Muslim minority communities where their disunity deteriorates them further. So, to explore this, the researcher will examine inherent interconnection between 'Asabiyyah', fitrah and Maqasid al-Shariah and their relevance to Muslim Minority communities.
The "Asabiyyah" of Ibn Khaldun elucidates the important of group feeling which is basis for rise ... more The "Asabiyyah" of Ibn Khaldun elucidates the important of group feeling which is basis for rise and fall of a community. According to him, 'Asabiyyah' is a natural feeling of affection instilled in human beings, mainly protecting their group members who are treated unfairly. Further he argued that the 'Asabiyyah' could serve as one of instrumental social driving devices to unite people. Thus, the researcher has proposed to study its adequacy in bringing solutions for the challenges of Muslim minority communities where their disunity deteriorates them further. So, to explore this, the researcher will examine inherent interconnection between 'Asabiyyah', fitrah and Maqasid al-Shariah and their relevance to Muslim Minority communities.