. اجتہاد بالمقاصد کی عصری معنویت: تحدیات اور امکانات کا تجزیہ Contemporary Relevance of Ijtihād bil-Maqāṣid: An Analysis of Challenges and Opportunities

Abstract

This paper aims to analyze the scholarly tradition of Ijtihād bil-Maqāṣid among Muslims identifying the challenges that hinder the promotion of this tradition in the modern era developing of this specific approach to Ijtihād. The paper employs a qualitative research methodology, focusing on Ijtihād bil-Maqāṣid, which involves deriving rulings directly in light of the objectives of Shari'ah. Instead of focusing on texts and traditional precedents, this approach seeks to achieve the intended objectives of the Lawgiver. This method emphasizes considering the temporal, regional, cultural, social, and historical contexts in which Islamic law was revealed. In the rapidly changing world, Muslims are facing many new challenges across various spheres of life due to inventions, discoveries, technological advancements, including interaction with non-Muslims, women in Muslim societies, cultural globalization, the use of artificial intelligence, global warming, waste management and organ transplantation. To find solutions to these issues, direct guidance from Ijtihād bil-Maqāṣid is essential. For that, it is necessary to establish a stable and coherent system through serious consultation and collaboration among legislative bodies, the judiciary, universities, religious seminaries, fiqh academies, Shariah courts, and fatwa institutions.