The Complementarity of Ijtihad and the Maqasid Al-Shariah in Islamic Law: An Analytical Study

This research explores the complementary relationship between ijtihad (independent legal reasoning) and the Maqasid al-shariah (higher objectives of Islamic law), and how this relationship can be activated in the derivation of legal rulings.The study focuses particularly on their role in addressing contemporary legal and ethical issues (nawazil).The research aims to explore the concept of ijtihad, define its guiding principles, and clarify how the objectives of Sharia can be effectively integrated into the ijtihad process.It also analyzes the role of academic institutions and juristic councils (majami 'fiqhiyyah) in this context.The study adopts an inductive, analytical, and descriptive methodology in examining scriptural texts and scholarly opinions in this field.The findings indicate that the integration of ijtihad and Maqasid contributes significantly to achieving justice and ease, and enhances the flexibility of Sharia in facing modern challenges.It affirms the importance of activating Maqasid in ijtihad to ensure legal rulings align with the overarching aims of Islamic law.Maqasid play a pivotal role in sound juristic reasoning, especially in the accurate interpretation of texts and in ensuring valid inference.The study recommends encouraging scholars and jurists to adopt a Maqasid-oriented approach to ijtihad when deriving contemporary rulings, incorporating Maqasid-focused content into university curricula, and strengthening the role of juristic councils in issuing fatwas that meet the evolving needs of society.

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Publication Details

Journal
International Journal of Academic Research in Business and Social Sciences
Published
2025-05-20
DOI
https://doi.org/10.6007/ijarbss/v15-i5/25424
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

The Complementarity of Ijtihad and the Maqasid Al-Shariah in Islamic Law: An Analytical Study

Abdelrahman Abdelhamid Mohammed Hassanein
International Journal of Academic Research in Business and Social Sciences
Islamic Finance and Banking Studies
article

The Complementarity of Ijtihad and the Maqasid Al-Shariah in Islamic Law: An Analytical Study

Abdelrahman Abdelhamid Mohammed Hassanein
article en

Abstract

This research explores the complementary relationship between ijtihad (independent legal reasoning) and the Maqasid al-shariah (higher objectives of Islamic law), and how this relationship can be activated in the derivation of legal rulings.The study focuses particularly on their role in addressing contemporary legal and ethical issues (nawazil).The research aims to explore the concept of ijtihad, define its guiding principles, and clarify how the objectives of Sharia can be effectively integrated into the ijtihad process.It also analyzes the role of academic institutions and juristic councils (majami 'fiqhiyyah) in this context.The study adopts an inductive, analytical, and descriptive methodology in examining scriptural texts and scholarly opinions in this field.The findings indicate that the integration of ijtihad and Maqasid contributes significantly to achieving justice and ease, and enhances the flexibility of Sharia in facing modern challenges.It affirms the importance of activating Maqasid in ijtihad to ensure legal rulings align with the overarching aims of Islamic law.Maqasid play a pivotal role in sound juristic reasoning, especially in the accurate interpretation of texts and in ensuring valid inference.The study recommends encouraging scholars and jurists to adopt a Maqasid-oriented approach to ijtihad when deriving contemporary rulings, incorporating Maqasid-focused content into university curricula, and strengthening the role of juristic councils in issuing fatwas that meet the evolving needs of society.

International Journal of Academic Research in Business and Social SciencesVol. 15(5)
Peace, Justice and strong institutions
Openalex Percentile: Top 84%
Islamic Finance and Banking Studies
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