Journal of Islamic Studies and Culture

The Objectives of Sharia between Tradition and Modernity – A Comparative Study
Mahmud El-Wereny

Abstract
The notion of maqāṣid ash-sharīʿa (“purposes of the Sharia”) has given rise to various debates since its inception relating to Islamic legal questions. Today, many scholars and Muftis still resort to these objectives for their legal opinions (fatāwā sg. fatwā). However, due to unprecedented modern living circumstances, some broadened the traditional inherited understanding of maqāṣid, in order to face the challenges of the contemporary world. The present paper attempts to compare the understandings of maqāṣid of a traditional, medieval scholar Abū Ḥāmid al-Ghazālī (d. 1111) with a contemporary scholar Yūsuf al-Qaraḍāwī (b. 1926) to show the scope of differences between them. Al-Ghazālī is famous for articulating the concept of maqāṣid in an authoritative and lasting manner. Al-Qaraḍāwī is one of the most influential and popular Sunni scholars today. Reading them together sheds light on the intricacies of Islamic legal thought past and present.

Full Text: PDF     DOI: 10.15640/jisc.v5n1a5