Turuq al-Kashf an Maqasid al-Shari

Turuq al-Kashf ʿan Maqasid al-Shariʿah (Methods of Discovering the Objectives of the Lawgiver) is a contemporary study in usul al-fiqh and the theory of higher objectives of Islamic law (maqasid al-shari'ah) written by Nu'man Jughaym Turuq al-Kashf an Maqasid…+1. The book examines the methodologies and evidentiary pathways through which jurists identify the purposes and intents of Islamic legal rulings, emphasizing the role of the teleological dimension in ijtihad Turuq al-Kashf an Maqasid….

Background and Composition

The work originated as a doctoral dissertation submitted to the International Islamic University Malaysia Turuq al-Kashf an Maqasid…+1. It was composed to address the foundational mechanics of discerning the Lawgiver's intent, drawing comparative insights from classical and modern foundational scholarship—primarily Abu Ishaq al-Shatibi and Muhammad al-Tahir ibn Ashur—as well as contemporary studies such as that of Abd al-Majid al-Najjar Turuq al-Kashf an Maqasid…+1.

Structure and Content

The book comprises an introduction, two main parts, and a conclusion Turuq al-Kashf an Maqasid…:

Part One: Textual and Rationale-Based Derivation

Divided into five chapters, this part examines how objectives are derived directly and indirectly from textual pronouncements, concepts, and underlying rationales Turuq al-Kashf an Maqasid…+1:

• Chapter One: Defines maqasid al-shariʿah, classifies its categories (universal, specific, and particular), and outlines the necessity of maqasid knowledge for legal reasoning and issuing verdicts Turuq al-Kashf an Maqasid…+1.
• Chapter Two: Discusses deriving objectives directly from the apparent literal wording (zawahir al-nusus) of primary texts Turuq al-Kashf an Maqasid…+1.
• Chapter Three: Investigates the role of textual context and situational circumstances (al-siyaq wa-al-maqam) in defining the intent of legal discourse when literal meanings require clarification Turuq al-Kashf an Maqasid…+1.
• Chapter Four: Analyzes the rationales behind rulings (ʿilal al-ahkam) and evaluates which classical methods of identifying legal cause (masalik al-ʿillah) can validly uncover legal objectives Turuq al-Kashf an Maqasid…+1.
• Chapter Five: Explores the evidential value of the Lawgiver's silence (sukut al-shariʿ), discussing tacit approval (iqrar), withholding inquiries (tark al-istifsal), and distinguishing between acts of worship and contractual transactions al-Turuk al-Nabawiya - Ta…+1.

Part Two: Inductive Reasoning (Al-Istiqraʾ)

Spanning six chapters, this part is devoted to induction as an independent mechanism for uncovering universal legal principles Turuq al-Kashf an Maqasid…+1:

• Chapter One: Explores the definition of induction across classical and modern logic and assesses its epistemological value Turuq al-Kashf an Maqasid…+1.
• Chapter Two: Reviews the historical presence and application of inductive reasoning within Islamic legal sciences Turuq al-Kashf an Maqasid….
• Chapter Three: Evaluates al-Shatibi’s pioneering conceptualization and application of induction in maqasid theory Turuq al-Kashf an Maqasid….
• Chapter Four: Examines Ibn Ashur’s views on induction and his methodological refinements Turuq al-Kashf an Maqasid….
• Chapter Five: Evaluates the epistemological standing of induction and delineates the methodological distinctions between its application in natural sciences versus legal and social sciences Turuq al-Kashf an Maqasid…+1.
• Chapter Six: Provides applied studies of inductive reasoning in extracting general objectives, featuring examples such as the invalidation of uncertainty (gharar) in transactions, the prohibition of food hoarding, and the universal principle of removing hardship (rafʿ al-haraj) Turuq al-Kashf an Maqasid….

Main Conclusions

The book concludes that primary texts remain the ultimate foundation for discerning the Lawgiver's intent—encompassing explicit wording, implied meanings, and rationales—while requiring jurists to account for context, occasions of revelation or issuance, contextual verification (tahqiq al-manat), and the consequences of applied rulings (maʾalat) Nataij al-Buhuth wa Khawa….

Publication History

The work was published by Dar al-Nafa'is in Amman, Jordan, in a single volume comprising 392 pages, with its first edition appearing in 1422 AH / 2002 CE (and reissued in 1435 AH / 2014 CE) Turuq al-Kashf an Maqasid…+1.