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Research Article | Open Access
Volume 17 2025 | None
Ijtihad al-Maqsidi and its impact on the jurisprudence of al-Nawālīyah by al-Mālikīyah
Dr. Youcef Hamini
Pages: 26-33
Abstract
This research deals with the method of Makassed ijtihad in the Maliki doctrine, as one of the main pillars that distinguished this doctrine from other doctrines of jurisprudence. This approach is based on a balanced combination between adhering to the Sharia texts of the Holy Quran and the Sunnah of the Prophet, and invoking the purposes of the holistic Sharia, which represent the supreme goals of Islamic legislation, such as achieving justice, preserving religion, soul, mind, offspring, and money. This research aims to highlight how Maqasidi jurisprudence has been able to contribute to the formation of Maliki jurisprudence through the ages, by providing balanced jurisprudential solutions that take into account the change of time and place, and accommodate the new developments that the early jurists were not entrusted with. Makassed ijtihad in this context is not just an expansion of interpretation or an easing of judgments, but rather a solid scientific approach that takes into account the principles and controls of Sharia, and makes the legitimate interest a basic guide in ijtihad and elicitation. Through this research, the role of Makassed ijtihad in dealing with the urgent issues experienced by Islamic societies will be highlighted, while identifying the most prominent applications and practical models that embodied this approach in Maliki jurisprudence. The research also seeks to trace the theoretical and practical foundations on which this approach was based, by referring to the ancient Maliki jurisprudential codes, and to contemporary studies that have re-read the jurisprudential heritage from a Maqasidi angle.
Keywords
Makassed ijtihad, Maliki doctrine, emerging issues.
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