Cessâs'ın Teşri Delillerinde Makasıd ve Maslahatın Gözetilmesi

This research explores the role of maqasid (purposes) and masalih (benefits/welfare) in establishing legislative proofs according to Imam al-Jassas, a key figure in the 4th-century AH Hanafi school. Aiming to highlight the Hanafi school's early contributions to these concepts, the study examines al-Jassas's works: Al-Fusul fi al-Usul, Ahkam al-Qur'an, and Sharh Mukhtasar al-Tahawi. It demonstrates his application of maslaha and maqasid in legal reasoning and jurisprudential branches. The research concludes that al-Jassas utilized legal texts to emphasize preserving Sharia's objectives and public welfare. He considered maslaha and maqasid in establishing legislative proofs by distinguishing between rationales for public interests and legal rulings. His methodology included ijtihad based on maslaha, istihsan (juristic preference for rulings where benefit outweighs harm), and consideration of customs (urf). Furthermore, he employed sadd al-dhara'i' (blocking means leading to harm), istishab al-asl (presumption of continuity), and consideration of previous laws for derived benefits. These applications are detailed with evidence and examples throughout the research.