The Method of Determining Maqoshid al-Syariah According to al-Imam al-Shatibi and al-Imam al-Thahir Ibn Ashur : A Comparative Study

Abstract

Purpose – This study aims to conduct a comparative analysis of the concept of MaqÄá¹£id al-SharÄ«Ê¿ah as formulated by two prominent Islamic legal theorists: ImÄm al-ShÄá¹­ibÄ« and ImÄm ṬÄhir Ibn Ê¿Ä€shÅ«r. It explores their classifications, methodologies, and underlying philosophical orientations to better understand how their perspectives contribute to the development of contemporary Islamic legal thought. Design/method/approach – This study employs a qualitative method using a library research approach. Data were collected from both primary and secondary sources, including the written works of ImÄm al-ShÄá¹­ibÄ« and ImÄm ṬÄhir Ibn Ê¿Ä€shÅ«r, as well as relevant academic studies. The approach adopted is comparative in nature, aiming to identify the similarities and differences in the formulation of maqÄá¹£id al-sharÄ«Ê¿ah according to both scholars. The data are analyzed through a descriptive-analytical method, focusing on the content of each scholar's thought and the methodological logic they employ in understanding maqÄá¹£id al-sharÄ«Ê¿ah. Findings – Both scholars agree that the primary objective of the SharÄ«Ê¿ah is the realization of maá¹£laḥah and the prevention of mafsadah. They share a common tripartite classification of maqÄá¹£id into á¸arÅ«riyyah, ḥÄjiyyah, and taḥsÄ«niyyah. However, key differences emerge in their methodologies and hermeneutical approaches: al-ShÄá¹­ibÄ« emphasizes linguistic analysis and strict textual interpretation, while Ibn Ê¿Ä€shÅ«r integrates sociological reasoning and customary practices (Ê¿urf) to adapt maqÄá¹£id to modern realities. Ibn Ê¿Ä€shÅ«r also offers a more expansive view of secondary maqÄá¹£id and advocates for legal flexibility in line with evolving human needs. Research implications – This comparative framework enriches the discourse on Islamic legal reform by highlighting methodological diversity in deriving legal objectives. The insights from both scholars offer constructive pathways for contextualizing Islamic law in contemporary settings while safeguarding its foundational purposes. Originality/value – This study offers a balanced and detailed comparative analysis that deepens the understanding of classical and modern articulations of maqÄá¹£id al-sharÄ«Ê¿ah. Its originality lies in juxtaposing two pivotal yet distinct maqÄá¹£id frameworks, thereby providing a nuanced platform for further inquiry into adaptive legal reasoning within the SharÄ«Ê¿ah. Future research could explore how these conceptual differences inform current fatwÄ issuance, Islamic legal codification, and the integration of maqÄá¹£id in public policy formulation across the Muslim world.