Reflection of Maqāṣid al-Sharī'ah in the classical Fiqh al - Awqāf

Abstract

Purpose-This paper aims to analyse the Shar ı'ah premises of classical waqf doctrines followed by critically analysing the framework of waqf jurisprudence (fiqh al-awq af) from a Maq a. sid al-Shar ı'ah (the higher objectives of Islamic law) perspective. The objective of examining the jurisprudential framework of waqf from a maq a. sid perspective is to contextualise the scope of dynamism and innovation in the modern waqf structure. Design/methodology/approach-For examining the jurisprudential aspects of classical fiqh al-awq af with a special reference to Maq a. sid al-Shar ı'ah, the paper analyses the classical waqf books and treatises from the four Sunni schools of jurisprudence by employing a textual analysis method. Findings-The paper finds that the key constituents of maq a. sid are interwoven in the classical discourse of waqf rulings. It finds that in deriving the principles of waqf, the jurists ensured that the essentialities of Maq a. sid al-Shar ı'ah are subtly intermingled with the necessary components of fiqh ı principles. Deconstructing the applied analogical reasoning of the classical jurists in deriving the waqf rulings, this paper provides recommendations for maq a. sid-oriented application of waqf in the modern context. Research limitations/implications-This study does not cover either the historical contribution of waqf among the Muslim societies nor does it touch on the empirical aspects of modern waqf. Rather, the focus of the study is limited to analysing the classical jurisprudential rulings of waqf and their distillation process from a Maq a. sid al-Shar ı'ah perspective. The study has good implication for modern awq af, which need to be created, managed and directed in the spirit of Maq a. sid al-Shar ı'ah. Practical implications-The key objective of adopting the maq a. sid framework for the analysis of fiqh al-awq af in its classical permutations is to learn how to utilise the maq a. sid approach as a baseline for the deduction of new waqf rulings in a contextualised term. Originality/value-The novelty of the paper lies in its examination of the classical waqf rulings distillation process, and the cogent intersection of Maqasid al-Shar ı'ah with the principles of fiqh. By delving into the Shar ı'ah premises of classical waqf jurisprudence through the lens of maq a. sid, the paper adds an original value and fills an existing gap in the available literature.