Intellectual Expansion and Contemporary Applications of Maqasid al-Shari'ah: A Comparative Study of the Thoughts of Ibn Ashur and Allal al-Fassi

Abstract

Maqasid al-Shari’ah constitute the fundamental philosophy and spiritual core of Islamic jurisprudence, which historically remained largely confined to the traditional al-Maqasid al-Khamsah defined by Imam al-Shatibi. However, the complex political, social, and civilizational challenges of the contemporary era have necessitated a comprehensive intellectual expansion and restructuring of this field. This paper presents a comparative and analytical study of the ideas of two prominent 20th-century reformers: Muhammad al-Tahir ibn Ashur and Allal al-Fasi. Both scholars successfully moved the scope of Maqasid from the individual and ritualistic domain to the collective, political, and societal spheres. Employing a qualitative and comparative methodology, the study critically analyzes their seminal primary works: Maqasid al-Shari’ah al-Islamiyyah (Ibn Ashur) and Maqasid al-Shari’ah al-Islamiyyah wa Makarimuha (Al-Fasi). The central argument (thesis) is that while both reformers aimed to harmonize Islamic law with modernity, their respective methodological priorities and emphasis differ significantly. The analysis demonstrates that Ibn Ashur’s intellectual expansion primarily focused on legal and systemic reform and the concept of Hifz Nizam al-Ummah (Preservation of the Order of the Nation), whereas Allal al-Fasi concentrated on social development, ‘Imarat al-Ard (Cultivation/Development of the Earth), and the ethical dimension (Makarim). This research clarifies the shared ground and divergence between these two modern models of Maqasid al-Shari’ah, offering a fresh theoretical perspective for addressing contemporary issues.