1. Al-Ghazali’s Methodology on the Authority of Qiyas: An Analytical Usul al-Fiqh Study

PhD Candidate: Nidaa Khalid Al-Badawi

This study explores Al-Ghazali’s methodology in establishing the authority of qiyas (analogical reasoning), highlighting his significant contribution to the field of Maqasid al-Shariah (objectives of Islamic law) and clarifying the intrinsic link between ‘illah (effective cause) and maqasid.

Key Findings:

• Connecting ‘illah and Maqasid: Al-Ghazali bases the authority of qiyas on general causes inferred from the habitual practice of the Lawgiver, rather than partial causes, linking them directly to the objectives of Shariah.

• Unifying Maqasid Terminology: Terms such as hikmah, maslahah, and ba‘ith are used interchangeably to express the Lawgiver’s purpose, emphasizing the foundational role of maqasid in legal reasoning.

• Maqasid Dimension of Qiyas: Qiyas is elevated to a quasi-textual proof that integrates the operative mechanism (‘illah) with overarching purpose (maqasid).

Recommendation: Applying the concept of “general ‘illah linked to the habitual practice of the Lawgiver” in contemporary maqasid studies and applied ijtihad.

2. Considering Social Customs in Legislation and Edicts

Authors: Raed AbuMounes, Aya Sulieman, Ola Alhaj Ali

Objectives: To identify the nature of social norms, determine criteria for their consideration from social and legal perspectives, and explore their impact on Islamic legal rulings.

Methodology:

• Inductive approach to trace the concept of social norms and customs.

• Analytical study of Islamic legal fatwas and classical jurisprudential texts.

Results:

• Valid social norms must be voluntary, beneficial, generally accepted, prevalent, consistent, and widespread.

Conclusion:

• Muftis should consider prevailing social norms when issuing Islamic legal rulings.

• Promotes collaboration between Islamic law scholars and sociologists.

3. Elements of Benefit (Manfa’ah) in Islamic Jurisprudence

Authors: Raed Abu Moanis, Du'aa Badeer

Objectives: To clarify the elements of benefit and review their potential dimensions across financial, criminal, and devotional issues, considering modern developments.

Methodology:

• Inductive: Review scholars’ opinions on defining benefit.

• Descriptive: Present the elements and sub-classifications of benefit.

• Analytical: Interpret the organization of elements to understand their contribution to producing benefit.

Key Findings:

• Three essential elements determine the existence of benefit:

  1. Resources (Al-Mawaarid): Includes human, animal, plant, physical, and moral/intellectual resources (e.g., information, software).

  2. Interactive Activities (Al-Anshitat Al-Tafa’uliyyah): Actions between resource participants.

  3. Surrounding Circumstances (Al-Dhuroof Al-Muheetah biha): Contextual conditions affecting benefit.

Conclusion:

• The diversity and variation of benefits arise from the material and moral dimensions of these elements.

• Recommends further research on Sharia rulings regarding these elements to optimize benefit production and provision