Reflection of Maqāṣid al-Sharī'ah in the classicalFiqh al-Awqāf

Mohammad Abdullah

Islamic Economic Studies, 2020, vol. 27, issue 2, 79-90

Abstract: Purpose - This paper aims to analyse the Sharī'ah premises of classicalwaqfdoctrines followed by critically analysing the framework ofwaqfjurisprudence (fiqh al-awqāf) from aMaqāṣidal-Sharī'ah (the higher objectives of Islamic law) perspective. The objective of examining the jurisprudential framework ofwaqffrom amaqāṣidperspective is to contextualise the scope of dynamism and innovation in the modernwaqfstructure. Design/methodology/approach - For examining the jurisprudential aspects of classicalfiqh al-awqāfwith a special reference toMaqāṣidal-Sharī'ah, the paper analyses the classicalwaqfbooks and treatises from the fourSunnischools of jurisprudence by employing a textual analysis method. Findings - The paper finds that the key constituents ofmaqāṣidare interwoven in the classical discourse ofwaqfrulings. It finds that in deriving the principles ofwaqf, the jurists ensured that the essentialities ofMaqāṣidal-Sharī'ah are subtly intermingled with the necessary components offiqhīprinciples. Deconstructing the applied analogical reasoning of the classical jurists in deriving thewaqfrulings, this paper provides recommendations formaqāṣid-oriented application ofwaqfin the modern context. Research limitations/implications - This study does not cover either the historical contribution ofwaqfamong the Muslim societies nor does it touch on the empirical aspects of modernwaqf. Rather, the focus of the study is limited to analysing the classical jurisprudential rulings ofwaqfand their distillation process from aMaqāṣidal-Sharī'ah perspective. The study has good implication for modernawqāf, which need to be created, managed and directed in the spirit ofMaqāṣidal-Sharī'ah. Practical implications - The key objective of adopting themaqāṣidframework for the analysis offiqh al-awqāfin its classical permutations is to learn how to utilise themaqāṣidapproach as a baseline for the deduction of newwaqfrulings in a contextualised term. Originality/value - The novelty of the paper lies in its examination of the classicalwaqfrulings distillation process, and the cogent intersection ofMaqāṣidal-Sharī'ah with the principles offiqh. By delving into the Sharī'ah premises of classicalwaqfjurisprudence through the lens ofmaqāṣid, the paper adds an original value and fills an existing gap in the available literature.

Keywords: Waqf; Fiqh al-awqāf; Maqāṣid al-Sharī'ah; Endowment; Islamic jurisprudence; P48; K30; K36; I39; E21; B3; B5; C56 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:eme:iespps:ies-06-2019-0011

DOI: 10.1108/IES-06-2019-0011

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