Maqasid Analogy And Its Impact on New Contemporary Fatwas "A Typical Circumambulation of An Impurity Carrier"

Abstract

"The rulings of Islamic Sharia are applicable and place in terms of principles and fundamentals; however, scholars may differ in their application based on these roots. Analogy (Qiyas) is one of the legal proofs used when there is no explicit ruling for a specific issue, and it is what we urgently need in the current era. This is in addition to the close relationship between Analogy and the Higher Objectives of Sharia (Maqasid al-Sharia) and their use in reaching the correct ruling. the importance of 'Purposive Analogy' (Al-Qiyas al-Maqasidi) in the modern era and its role in deducing rulings for contemporary jurisprudential developments. This is achieved by examining Sharia texts from the Quran and Sunnah to determine the ruling of a new case (Nazila) by comparing it to an existing ruling that shares the same underlying cause (Illah), while ensuring it fulfills the Sharia objective upon which the original ruling was established.

Research Problem: Relying on worldly matters, issuing fatwas without evidence, and not seeking jurisprudential rulings on many new issues in life                                                                                      .Importance of the topic and reason for choosing it: Researching the jurisprudential ruling on new issues.

Research objectives and hypothesis: It is to shed light on emerging issues and how to derive the Sharia ruling based on analogy and considering the objectives of Sharia. ."