Reconstructing Contemporary Ijtihad through a Maqāṣid al-Sharīʿah Framework: Jasser Auda’s Systems Approach

Abstract

Purpose - This study reconstructed contemporary ijtihad through the Maqasid al-Shari'ah framework by converting Jasser Auda's systems approach from a largely descriptive theory of Islamic law into an operational methodology of legal reasoning.

Design/Methodology/Approach - A qualitative library research design was employed using a critical-analytical method. Auda's primary works were examined alongside classical usul al-fiqh and maqasid literature and contemporary peer-reviewed scholarship; thematic content analysis was combined with conceptual analysis, and credibility was secured through source and conceptual triangulation.

Findings - The study finds that Auda’s six systems features function not merely as descriptive characteristics of Islamic law, but as interdependent methodological principles that transform the practice of ijtihad from reductionist textual derivation into a systemic, contextual, and consequence-oriented reasoning process. Within this framework, maqasid al-shariah operates as a multidimensional methodological mechanism, serving simultaneously as an interpretive orientation, a tool for contextualisation, a criterion for evaluating consequences, and an integrative framework for reconciling competing sources of evidence. Furthermore, the study develops a Dynamic Maqasid-Based Ijtihad Model consisting of eight recursive stages, beginning with problem identification and extending to continuous reassessment. The model demonstrates that the validity of contemporary ijtihad is determined not only by the strength of textual justification but also by its ability to comprehend complex realities, integrate interconnected dimensions of human life, and effectively realise maslahah.

Originality/Value - This study contributes to contemporary Islamic legal theory by repositioning maqasid al-shariah from a supplementary consideration within legal reasoning into the central methodological architecture of ijtihad. By integrating systems thinking with maqasid-based reasoning, the study provides a dynamic analytical framework capable of addressing complex contemporary issues beyond traditional legal boundaries. The proposed model offers a transferable conceptual scaffold for future research and policy discussions in diverse fields, including Islamic finance, bioethics, artificial intelligence governance, environmental law, and family law. Its originality lies in presenting ijtihad as an adaptive and recursive methodology that continuously negotiates between textual fidelity, contextual understanding, and the realisation of societal benefit.