The Objectives of Sharia (Maqasid al-Sharia) between Authenticity and Renewal: A Comparative Study of the Ideas of Tahir Ibn Ashur and Allal al-Fassi

Abstract

The Objectives of Sharia (Maqasid al-Sharia), the fundamental philosophy and spiritual core of Islamic legislation, were historically confined to the traditional Five Objectives (al-Maqasid al-Khamsah) defined by Imam al-Shatibi. However, the complex civilizational and political challenges of the contemporary era necessitated a comprehensive intellectual expansion of this field. This paper presents a comparative and analytical study of the reformist theories of two great 20th-century scholars: Muhammad al-Tahir Ibn Ashur and Allal al-Fassi, who successfully shifted the scope of Maqasid from the individual sphere to the collective, political, and societal levels. A comparative and qualitative analysis of their foundational works, Maqasid al-Shari’ah al-Islamiyyah and Maqasid al-Shari’ah al-Islamiyyah wa Makarimuha, demonstrates that while both aimed to harmonize Islamic law with modernity, a clear methodological difference in focus exists: Ibn Ashur’s expansion centered on legal and systemic reform and the Preservation of the Order of the Nation (Hifz Nizam al-Ummah), whereas Allal al-Fassi placed greater emphasis on social development, the Cultivation of the Earth(‘Imarat al-Ard), and moral virtues(Makarim). This research clarifies the convergence and divergence between these two renewal models, offering a fresh theoretical perspective for addressing contemporary issues.