The Objectives of Shariah and Methods of Preference among Them in Case of Conflict

مقاصد الشریعة ووجوه الترجيح بينها عند تعارضها

Abstract

This paper investigates the intricacies of Islamic jurisprudence concerning the objectives of Sharia and the methodologies utilized for prioritization amidst conflicts. Sharia objectives embodies not only legal precepts but also a comprehensive ethical framework geared towards achieving specific goals or Maqāṣid. However, when these objectives converge or clash, determining precedence becomes imperative. Drawing upon a comprehensive review of classical Islamic legal texts and contemporary scholarship, this study elucidates the array of approaches employed by jurists to navigate such scenarios. It scrutinizes the principles of Maslaḥah (public interest), Maqāṣid al-Sharia (objectives of Sharia), and the methods of Istiḥsān (juristic preference) and Tarjīḥ (weighing evidence) for conflict resolution and objective prioritization. Insight into these methodologies enables scholars, practitioners, and policymakers to grasp the dynamic nature of Islamic law and its adaptability to diverse societal contexts while safeguarding its core objectives.