الدراسات الإسلامية
Volume 25, Numéro 1, Pages 133-175
2025-05-01
مقاصد الشّريعة دراسة في الفضاء المفاهيميّ
الكاتب : عماد الدّين الرشيد .
الملخص
The concept constitutes the genealogical braid of the term; just as the term grants it its specific name, the concept expresses its truth and confers upon it its distinctive attributes. The maqāṣid (objectives) of the rulings of Islamic law, in terms of their essence and conceptual definition, have been subject to contention regarding the delineation of their scope from two essential perspectives: The first concerns the limits of the essence of the objective, meaning: Are the maqāṣid of the legal ruling to be understood as belonging to the realm of ʿilal (effective causes), or ḥikam (wisdoms), or maṣāliḥ (benefits/interests), or are they simply the ultimate ends of the legal ruling? It is evident that each of these notions defines a specific boundary that frames the essence of the maqṣad (objective), and the inquiry will inevitably uncover these boundaries. The second pertains to the domain of the ruling’s essence, for it is well known that the revealed text addresses three subjects: legislation, belief, and ethics—in various forms: declarative, imperative, narrative, and others. Hence, should the maqāṣid be confined solely to legislative rulings, or should they expand to include the rulings related to belief and ethics—such that we would have maqāṣid al-tashrīʿ (objectives of legislation), maqāṣid al-ʿaqīda (objectives of creed), and maqāṣid al-akhlāq (objectives of ethics)? Undoubtedly, one of the main aims of this research is to uncover the limits of the objectives of rulings and the fields they encompass. The study will employ several methods suitable to its nature: the inductive method to collect as many definitions as possible; the analytical method to identify the structure and boundaries of these definitions; and the comparative method to clarify areas of agreement and divergence among scholars regarding the essence of the maqāṣid. It is anticipated that this research will, through its findings, offer a new conceptualization of the maqāṣid al-sharīʿa (objectives of Islamic law), one that contributes to activating and applying these objectives in new intellectual domains beyond legislation—such as theology and ethics
الكلمات المفتاحية
Maqāṣid al-Sharīʿa; concept and term; essence; inductive and analytical methodology; ethics and creed.
مقالات مماثلة
بن محمد منير
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خروبي عفيفة
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ص 723-746.
بومعزة غشام
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أحمد الحاج أنيسة
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ص 874-891.
باكيني أحمد رشيق
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زيدان أشرف
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بن يوسف محمد
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ص 511-532.
