A Maqāṣid-Based Approach for New Independent Legal Reasoning (Ijtihād)

This chapter explores how the higher objectives of Sharia (maqāṣid al-sharī'ah) could contribute to the application of the Sharia in today's reality, utilizing a few illustrative examples in the area of bioethics. The soundness of Sharia's application and related policies is subject to the degree of universality and flexibility of the Islamic rulings with changing circumstances, discussed from various viewpoints in this chapter. After a survey of the system of values that the higher objectives of Sharia represent, two reasoning (ijtihād) methods are explored: (i) differentiating between scriptural texts that are means (wasā'il) to higher ends and those that are ends (ahdāf) in their own right, and (ii) preferring a multidimensional understanding for the conciliation of opposing juridical evidences, instead of reductionist methods such as abrogation (naskh) and giving preference to one opinion over another (tarjīh). A number of examples are provided throughout the chapter in order to explain the impact of the proposed methods on contemporary Islamic rulings.