Ijtihad Maqashid Sharia in the Thought of Asy-Syatibi and Muhammad At-Tahir Ibn Ashur

Abstract

The study of ijtihad in maqashid shariah within the thoughts of asy-Syatibi and Ibn Ashur contains a rational intellectual substance. However, previous studies have not fully explored asy-Syatibi and Ibn Ashur’s perspectives in elaborating the methodological foundations of maqashid shariah. This study employs a qualitative approach through a literature review on the thoughts of asy-Syatibi and Ibn Ashur regarding maqashid shariah, utilizing content analysis as its research method. The primary data is sourced from al-Muwafaqat and Maqashid al-Shariah al-Islamiyyah. Meanwhile, secondary data is derived from texts that correlate with the maqashid perspectives of both scholars. The data is then analyzed to understand the epistemological framework of asy-Syatibi and Ibn Ashur’s ijtihad. The findings of this study reveal that Asy-Syatibi argues that the implementation of shariah for mukallaf aims to achieve maslahah in relation to religious well-being and sustenance in worldly life. Asy-Syatibi mapped the core principles of the maslahah framework onto the five primary necessities (ad-dharuriyyat al-khams). Flexibility in worship is positioned as a secondary need, while the cultivation of akhlaq al-karimah serves as a complementary element in achieving the objectives of maqashid shariah. Meanwhile, Ibn Ashur’s concept of maqashid shariah distinguishes between maslahah that is general and maslahah that is specific. Maslahah ‘ammah presents a framework that categorizes needs into primary, secondary, and tertiary levels. Meanwhile, maslahah khassah focuses on specific benefits for individuals, encompassing worship (ibadah), transactions (mu‘amalat), family law, and criminal law. The concept of ibadah aims to purify both the soul and body, while mu‘amalat seeks to establish justice in individual rights within social contracts. Family law serves to protect the rights of the husband, wife, and children, whereas criminal law is designed to uphold justice. The concept of maqashid shariah proposed by asy-Syatibi and Ibn Ashur serves as a bridge and provides solutions to contemporary challenges related to modern issues and Islamic law.