SCIENTIFIC APPROACH AS THE BASIS FOR THE FORMATION OF MAQĀṢID AL-SHARĪ‘AH CONCEPT AND PRINCIPLES: A COMPARATIVE STUDY

• Published in: Malaysian Journal of Syariah and Law
• Main Author: Alias M.N.; Abdullah M.N.; Kamis M.S.; Afandi A.J.; Alias N.
• Format: Article
• Language: English
• Published: Faculty of Syariah and Law, Islamic Science University of Malaysia (USIM) 2024
• Online Access: https://www.scopus.com/inward/record.uri?eid=2-s2.0-85202016943&doi=10.33102%2fmjsl.vol12no2.568&partnerID=40&md5=96beaad1a3f681b631a2d2c4b97f17a5

Maqāṣid al-sharī‘ah is acknowledged as one of essential foundations in determining shariah rulings. However, some contemporary fatwās continue to be issued that disregard maqāṣid al-sharī‘ah, while some groups have also misunderstood it leading to misapplication. This paper will analyze the methodology employed by classical Islamic scholars in establishing the concept and principles of maqāṣid al-sharī‘ah. The analysis will compare the methods of determining maqāṣid al-sharī‘ah by Muslim scholars with current scientific research methods. This study utilizes the qualitative methodology by examining classical and modern scholarly writings. The collected data is analyzed thematically based on an inductive approach. Findings of this study demonstrate that formulating maqāṣid al-sharī‘ah concept and principles involves analyzing textual injunctions. The istiqrā’ inductive reasoning applied by Muslim scholars bears similarities with thematic analysis in modern qualitative research. Hence, maqāṣid al-sharī‘ah represents the implicit objectives unifying diverse shariah rules. It holds greater epistemic certainty compared to individual scriptural proofs, being supported by multiple textual evidences across various domains of rulings. As the mafhūm (implicit meaning) of the Sharī‘ah corpus, maqāṣid guides ijtihād without compromising fundamental sharī‘ah tenets. Proper application of maqāṣid al-sharī‘ah facilitates determining contemporary rulings that fulfill the objectives of sharī‘ah itself. This paper advocates grounding ijtihād and fatwās in maqāṣid al-sharī‘ah through holistic textual analysis. This enables addressing new challenges through appropriate sharī‘ah rulings while avoiding rigid legalism or unfettered rationalism. © The authors (2024).