An Analytical study of Contemporary Trends in text interpretation in the light of Objectives of Shariah

Abstract

After the period of compilation of Fiqh manuals, Muslim Jurists have always paid due attention to the objectives of Shariah while formulating their legal opinions. Even before the al-Ghazali who is considered as a master architect of objectives of Shariah, Hanafi jurist Abu Zayd al-Dabbusi discussed them under asbab al-sharay.   However in the 20^th century due to the global civilization’s challenges, objectives of Shariah turned into a separate and an independent method of Ijtihad and hence certain new trends emerged in construing the religious texts.  Among them three trends are more prominent: 1. Textual interpretation 2. Suspension of texts for the sake of Objectives 3. Observance of both texts and objectives.

In the first trend the texts are, regardless of the objectives, interpreted literally and the cautionary opinion is adopted from the legal opinions, even if it is difficult to be acted upon.  In the second trend the objective are preferred over the texts even if it results in the suspension of a text of definitive meaning.  While in the third trend both the textual implications and objectives are taken into account.  Neither the objectives are disregarded nor the textual implications are suspended in favor of objective.  The aim of this article is to analyze the basic approach of these three trends. The article contends that the third trend is in consonance with the rules spirit of Islam which has a historical continuity in the Ummah.