Reflection of Maqasid al-Shari’ah in the classical Fiqh al-Awqaf

الملخص EN

Purpose -This paper aims to analyse the Sharfah premises of classical waqf doctrines followed by critically analysing the framework of waqf jurisprudence (fiqh al-awqaf from a Maqasid al-Sharfah (the higher objectives of Islamic law) perspective.

The objective of examining the jurisprudential framework of waqf from a maqasid 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-awqaf with a special reference to Maqasid al-Sharfah, 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 maqasid 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 Maqasid al-Sharf ah are subtly intermingled with the necessary components of fiqh principles.

Deconstructing the applied analogical reasoning of the classical jurists in deriving the waqf rulings, this paper provides recommendations for maqf.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 Maqasid al-Sharfah perspective.

The study has good implication for modern awqctf, which need to be created, managed and directed in the spirit of Maqasid al-Shari’ah.

Practical implications - The key objective of adopting the maqaa.sid framework for the analysis of fiqh al-awqaf in its classical permutations is to learn how to utilise the maqasid 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 Maqa$id al-Sharfah with the principles of fiqh.

By delving into the Sharf ah premises of classical waqfjurisprudence through the lens of maqasid, the paper adds an original value and fills an existing gap in the available literature.