An Examination of the Manifestations of the Maqasid-Alsharia in Ayat Al-Ahkam Based on Al-Shatibi's Theory

Message:
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

Qur'an is the primary source of divine rulings and that the principle of purposeful rulings is accepted by Islamic scholars, the  panel Ayat Al-Ahkam, which form the foundation of criminal law in Islamic societies Therefore, the penal verses of the Quran, which are the foundation of the criminal law of Islamic societies, contain specific purposes and interests. The aim of this study is to examine the relationship between each of the Qur'anic penal verses and the five objectives of Sharia (Maqasid al-Sharia). Based on this, the main research question has been designed as follows: To which of the five objectives defined in the Maqasid al-Sharia theory does each of the Qur'anic penal verses direct its audiences? For this purpose, the present qualitative research has gathered information and data using the library (documentary) method. The result of reflecting on the interpretations used in this research indicates that the objective of protection of lineage (Hifz an-nasal) is evident in the verses related to homosexuality, sodomy, adultery, and slander. The objective of protection of religion (Hifz ad-din) is seen in the verses related to adultery, slander, Muharaba and Qisas. The objective of protection of property (Hifz al-mal) is apparent in the verses concerning theft and Muharaba. The objective of protection of self (Hifz an-nafs) is observed in the verses regarding Muharaba, the prohibition of murder, and Qisas. Finally, the objective of protection of mental (Hifz al-aql) is reflected in the verses concerning Muharaba. By aligning all the Qur'anic penal verses with the five necessities objectives, the validity of these significant interests in criminal law is clear, and it seems necessary that these five objectives receive more attention in the process of inference and ijtihad, especially in the context of emerging issues in the field of criminal jurisprudence where definitive evidence for extracting rulings does not exist.

Language:
Persian
Published:
Journal of Quran Theology, Volume:11 Issue: 20, 2024
Pages:
99 to 121
https://www.magiran.com/p2813442  
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