معاصراجتهاد میں مقاصد شریعت کی فعالیت-ایک تحقیقی جائزہ

The Functionality of the Objectives (Maqāṣid) of Shari‘ah in Contemporary Ijtihād: A Research Study

Abstract

What was the position of the Objectives (Maqāṣid) of Shari‘ah in the classical Fiqh literature?  Leaving this discussion apart---either it had been employed as a source of Islamic law or not, it is for sure that in the contemporary Ijtihād, the employment of the objectives of Shari‘ah as the source of Islamic law has become a firmly embedded practice. This paper presents gist of theoretical and pragmatic aspects of the functionality of Objectives (Maqāṣid) of Shari‘ah in contemporary Ijtihād. The writer of this paper has come to the conclusion, although these objectives could not attained the position of a permanent source of Islamic law in the eyes of the majority of Muslim scholars, yet they are kept into account under the traditional methodology of Ijtihād  within the sphere of unspecified public interest (Maṣlīḥat)  . Nevertheless, the ratio of Ijtihād conducted on the basis of Maṣlīḥat (unspecified public interest) has increased to a greater degree