المنهاج المقاصدي والوصل بين الخطاب الشرعي والواقع

Abstract

This paper analyses the potential role of the maqasidi method in linking Islamic legal discourse and human reality (waqi’) and its limitations related to partial issues at an individual level, holistic at a group level, or general and universal at a human level. This relies on the axiom of transcending the maqasid in its jurisprudential and legal framework to new epistemological and philosophical prospects.  This paper aims to realize this approach through four requisites and exigencies. First, the jurisprudence of founding fundamentals from two perspectives namely, connecting maqasid with other disciplines such as jurisprudence and fundamental studies and theorizing scientific, methodological, and epistemological knowledge. Second, the jurisprudence of implementation through realizing ijtihad in its partial, holistic and contextual dimensions. Third, the complementary jurisprudence by analyzing it from two different perspectives; namely, through extending and drawing knowledge from different methods and disciplines; and providing such an approach with maqasidi thought and provisions. Finally, the jurisprudence of activation by reflecting upon the maqasid method’s applicability and activation on the existential level and fulfilling conditions for being given authority on this earth.