دور حاضر میں مقاصد شریعہ کے حوالے سے "الفروق " کا تحقیقی جائزہ

A RESEARCH STUDY ON 'AL-FURŪQ' IN THE CONTEXT OF MAQĀṢID AL-SHARĪ‘AH IN THE CONTEMPORARY ERA

Abstract

Islamic Shariah is a comprehensive and wise system of life that seeks to establish justice, balance, and public welfare in all dimensions of human existence. Understanding Shariah is not confined to the knowledge of apparent rulings or isolated legal issues; rather, it requires insight into the objectives and wisdom upon which these rulings are founded. These overarching objectives are known in Islamic jurisprudence as Maqāṣid al-Sharī‘ah, which represent the spirit of Shariah and the basis of its effective application.In the contemporary era, the growing relevance of Maqāṣid al-Sharī‘ah necessitates engagement with classical juristic works that laid the intellectual groundwork for purposive legal reasoning. Among these works, Imam Shihāb al-Dīn al-Qarāfī’s Al-Furūq occupies a distinguished position. Although the book was primarily compiled to clarify distinctions between similar juristic cases, it reflects a deep awareness of the objectives of Shariah, the underlying causes of rulings (‘Illal al-Aḥkām), and the principles of preserving benefits and preventing harm (Maṣāliḥ wa Mafāsid). Thus, Al-Furūq transcends being a purely jurisprudential text and emerges as an important source for understanding Maqāṣid.

The methodology of Al-Furūq is grounded in the principle that actions or issues which appear similar may warrant different rulings due to differences in objectives, consequences, or public interest. This approach exemplifies the practical application of Maqāṣid al-Sharī‘ah, emphasizing the protection of human interests and the avoidance of harm. Imam al-Qarāfī demonstrates through rigorous legal analysis that Shariah rulings cannot be detached from their wisdom and purposes.In addressing contemporary legal and social complexities, Al-Furūq remains highly relevant, as it promotes purposive reasoning over rigid formalism. Although Imam al-Qarāfī did not systematically codify Maqāṣid in technical terms, his work effectively illustrates the preservation of fundamental objectives such as religion, life, intellect, and wealth. Consequently, Al-Furūq provides a strong scholarly foundation for modern discussions on Maqāṣid al-Sharī‘ah and contemporary juristic deliberation.