The Maqasid Thought of Imam Al-Qurtubi Through His Book Al-Mufhim

Abstract

This research explores the concept of Maqāṣid-based thought (purpose-oriented jurisprudence) that characterizes the approach of Imam Abū Al-‘Abbās Al-Qurṭubī in his interpretation of Islamic legal texts and his analysis of their rulings in his book Al-Mufhim. The researcher aims, through this study, to contribute as much as possible to the development and clarification of the concepts of ‘Ilm Al-Maqāṣid (the science of higher objectives of Islamic law) and to solidify its foundations and principles, especially considering the consensus among scholars that this field is still evolving and being refined. Imam Abū Al-‘Abbās stands out as one of the most reliable figures in this domain due to his esteemed scholarly position and his deep engagement with this discipline.

The researcher adopted an inductive-analytical methodology, systematically gathering, organizing, analyzing, and discussing relevant material.

The research reached several key findings, most notably:

• Imam Abū Al-‘Abbās was among the pioneers who contributed to laying down the principles of this field by affirming essential pre-existing ideas and introducing foundational new ones, which were later developed by scholars like Al-Shāṭibī, Ibn Al-Qayyim, and others. Examples include his indication of the distinction between types of prohibitions — some being inherently prohibited, and others prohibited as means to what is inherently forbidden — as well as his reference to the existence of both primary and secondary objectives in Islamic law.
• There are concepts that may be considered rules and guidelines related to maṣāliḥ (interests/benefits), which Imam Abū Al-‘Abbās highlighted. For instance, he stated that “the lowest level of interest is that which is merely permissible”, and that “blame in Islamic law is not directed at neglecting worldly benefits that do not serve a Shar‘ī (legal) purpose”.

The researcher recommends that, as part of the efforts to advance the science of Maqāṣid, special attention should be given to the applied works of established scholars, as they are rich with explicit statements and subtle indications that can be used—directly or indirectly—to extract foundational principles and rules for this evolving discipline.