Jurisprudential and Legal Analysis of the Theory of Maqāṣid al-Sharīʿah from the Perspective of Ibn Ashur and Its Application to Family Law in Iran

Abstract

The theory of Maqāṣid al-Sharīʿah, as one of the key principles in Islamic jurisprudence, seeks to achieve the primary objectives and goals of Sharia, leading to the individual and social well-being of people. This article examines and analyzes the theory of Maqāṣid al-Sharīʿah from Ibn Ashur's perspective and applies it to family law in Iran. The first section explores the status and impact of this theory in the derivation of jurisprudential rulings, analyzing its role in the formulation and reform of legal codes, particularly in the field of family law. Subsequently, the challenges and issues associated with applying this theory to family law in Iran are identified and examined. The strengths and weaknesses of this application are evaluated, and suggestions are offered for the revision and improvement of family laws based on Maqāṣid al-Sharīʿah. Finally, the findings are summarized, and an overall assessment of the theory's application to family law in Iran is provided, along with recommendations for future research. This study demonstrates that the theory of Maqāṣid al-Sharīʿah can serve as an effective tool for the reform and improvement of family laws in Iran, but it requires further detailed examination and the development of specific criteria for its practical application.