Ijtihād in Contemporary Era in the Light of Maqāṣid al-Sharīʿah & Qawāʿid Fiqhiyyah: An Analytical Study

عصر حاضر میں اجتہادمقاصدِ شریعہ اور قواعد فقہیہ کی روشنی میں ایک تجزیاتی مطالعہ

Abstract

Sharīʿah Provides a Complete System of Life since there are unlimited problems in every theological, practical, and moral domain, Sharīʿah has set general principles and rules for every aspect of life. This process of application is called Ijtihād. Ijtihād serves as the foundation for the construction and evolution of Islamic thought. Whether Ijtihād refers to the efforts to find the best solutions in all aspects of life or to the rulings derived by a Mujtahid in determining legal principles, it holds immense importance in Islam. All Islamic sciences owe their development to the concept of Ijtihād. In its broader sense, Ijtihād has consistently guided attention toward various fields, and this process remains ongoing. The concept of Ijtihād has always held a central place in Islamic thought. Every commandment in Sharīʿah-e-Muṭahharah has an underlying purpose, aimed at the success of human beings in both this world and the Hereafter. Allah, the Exalted, has directly linked human actions to their success. The study of this aspect of Sharīʿah is referred to as Maqāṣid al-Sharīʿah (Objectives of Sharīʿah). These objectives not only determine the general direction of human life but also outline the methodology for achieving it.
Similarly, the knowledge of Qawāʿid Fiqhiyyah (Islamic Legal Maxims) is as old as Islamic Law itself. The sciences of Uṣūl al-Fiqh (Islamic Jurisprudence) and Qawāʿid Fiqhiyyah are two branches of the same tree (Fiqh). When these two sciences converge, they enable the formulation of highly refined legal rules. However, neglecting either branch significantly hampers the overall function of Islamic jurisprudence. In contemporary times, Ijtihād and its associated debates have taken new dimensions, leading to diverse approaches. Among these, the Maqāṣid al-Sharīʿah and Qawāʿid Fiqhiyyah stand out as significant frameworks. This paper presents an analytical study of Ijtihād, its necessity, and its future, in light of the Maqāṣid al-Sharīʿah and Qawāʿid Fiqhiyyah.