اعتبار المقاصد الشريعة في الفقه الحنفي

The Ḥanafī Approach of Maqāṣid al-Sharī‘ah

  • Jawwad Khalil Zaitoona University Tunisia

Abstract

This research challenges the common perception that the Ḥanafī School of thought has neglected the concept of Maqāṣid al-Shari’ah (objectives of Islamic law). By examining Ḥanafī literature, the study demonstrates that Ḥanafī jurists have consistently incorporated Maqāṣid into their methodology of ijtihād. While there may not be a dedicated independent book on Maqāṣid by early Ḥanafī scholars, the concept is implicitly and explicitly present in their works on Fiqh and Uṣūl al-Fiqh. Through specific examples, the researcher highlights how Ḥanafī jurists have considered the underlying objectives of Islamic law in their legal reasoning and rulings.

 

 

Published
2024-10-18