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

Muhammad Nazir, Alias and Muhammad Najib, Abdullah and Mohd Sham, Kamis and Akhmad Jazuli, Afandi and Nursyahidah, Alias (2024) SCIENTIFIC APPROACH AS THE BASIS FOR THE FORMATION OF MAQĀṢID AL-SHARĪ‘AH CONCEPT AND PRINCIPLES : A COMPARATIVE STUDY. Malaysian Journal of Syariah and Law, 12 (2). pp. 350-363. ISSN 2590-4396

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Abstract

Maqāṣid al-sharī‘ah is acknowledged as one of essential foundations in determining shariah rulings. However, some contemporary fatwas 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‘ahby 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‘ahconcept 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‘ahrepresents 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, maqasid guides istilah without compromising fundamental sharī‘ah tenets. Proper application of maqāṣid al-sharī‘ahfacilitates determining contemporary rulings that fulfill the objectives of sharī‘ah itself. This paper advocates grounding ijtihād and fatwas in maqāṣid al-sharī‘ahthrough holistic textual analysis. This enables addressing new challenges through appropriate sharī‘ah rulings while avoiding rigid legalism or unfettered rationalism.

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