An Exposition of the Relationship between the Theory of Maqasid al-Shari’ah (Objectives of Islamic Law) and the Concept of Tajdid (Renewal)”
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Date
2015
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International Institute of Islamic Thought, Nigeria Office, Kano.
Abstract
The evolution of the theory of maqāṣid al-Sharīʿah was connected with the desire of many classical jurists to revive and reform (islah and tajdid) the existing legal theories (i.e. qiyās, maṣlaḥah and istiḥsān) which were considered inadequate in addressing unprecedented legal problems. And in their quest to ensure reform in the process of legal derivation, they developed the theory of maqāṣid al-Sharīʿah as a formidable legal theory by which legal rules can be derived from the primary sources (i.e. Qurʾān and Sunnah). Their ultimate objective in this regard was to arrive at legal rules that promote the legitimate benefit (maṣlaḥah) of the religiously accountable person (al-mukallaf). The symbiotic relation that exists between the theory of maqāṣid al-Sharīʿah and the concept of tajdīd (i.e. reform/renewal/revival) is the focus of this paper. It shall show how classical and modern scholars (e.g. al-Juwaynī, al-Shāṭibī, Muhammad Abduh, Rashid Rida, Ibn Ashur etc.) conceived of the theory as a tool for the overall reform in their respective societies.
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Keywords
Qiyas, Maslahah, Tajdid, Reform