Ijtihad Al Maqasidi Or Purposive Interpretation: A Comparative Analysis In Modern Context

Abstract

The present article presents a comparative analysis of
contemporary legal theory of purposive interpretation in English
law and ijtihᾱd al-maqᾱṣidῑ in Islamic law. This article explores the
fact that ijtihᾱd al-maqᾱṣidῑ is an everlasting approach and is the
most concerned issue of statutory interpretation of the modern
world. In this context it has been argued that the whole policy of
Sharῑ῾ah is based on the interest of human being and aims to
remove hardship from them and to provide them ease. Purposive
interpretation or ijtihᾱd al-maqᾱṣidῑ aims to interpret law in the
light of its objective and is able to solve the contemporary issues
of Ummah. This study attempts to explore that unlike EnglishCommon law system where discussion over purposive interpretation
is a recent development, the whole system of Islamic
interpretation is based on the objectives of Sharῑ῾ah. It discusses
the rich heritage of Sharῑ῾ah in order to implement and suggests
that contemporary issues of Ummah should be solved in the light
of the objectives of Sharῑ῾ah. At the end a concluding paragraph
has been inserted to draw some conclusions