Al-Hassani, Ismail. “Maqāṣid Thought and its Interaction with Context and the Current State of Affairs (Al-Wāqiʿ),” Year 14, Issue 55 (Winter 1430 AH/ 2009 CE), Pp. 75-100.

Abstract

Ismail al-Hassani’s article deals with a paradox that constitutes one of the most fundamental and challenging issues posed by the discipline of maqāṣid al-Sharīʿah, formulated in the following question:  How does maqāṣid thought contribute to interaction with context and the current state of affairs (al-wāqiʿ)?  Classical and modern uṣūlī studies attempted to answer this question through the rules presented by the notion of  fiqh al-wāqiʿ (fiqh that considers context and current state of affairs) in the study of maqāṣid al-Sharīʿah (objectives of Islamic law), such as dharā’iʿ (means), taʿlīl al-aḥkām (ratiocination of rulings), istiḥsān (juristic preference), and others. The research addresses this paradox by examining maqāṣid thought, the concept of tamayuz  (differentiation), the paradox of interaction with al-wāqiʿ, evidence of al-wāqiʿ with positive interaction, scientific awareness and the concept of al-wāqiʿ, resorting to maqāṣid al-Sharīʿah and mechanisms of positive interaction with al-wāqiʿ.