Al-Kilani, Abd al-Rahman Ibrahim Zayd. “Qawāʿid al-Maqāṣid (Principles of the Objectives of Shariʿah): Their Validity and Place in Legislation,” Year 5, Issue 18 (Fall 1420 AH/ 1999 CE), Pp. 9-51.

Abstract

Abd al-Rahman al-Kilani’s article discusses the validity of maqāṣid principles, their place in Shariʿah legislation, and the relationship between universal principles and the particulars of Shariʿah and its branches. It explains the method of extracting guidance from principles, and how they do not allow for abrogation (naskh) or criticism (naqḍ). It emphasizes the supremacy of a maqāṣid principle, indicating the difference between it and a fiqh ruling in terms of validity, authority, status, importance, and consideration, and in terms of the difference and agreement in content. It then explains the difference between the maqāṣidī principle and the uṣūlī principle (in terms of content, subject, and source), and recommends further research into the subject.