al-Maqasid al-Sharia in Usûl B

This article is a study of how the purposes of sharia (maqasid al sharia) was perceived in the usul books of Islamic jurisprudence which were authored during the early Ottoman classical period. For a close examination, we limited our study to the following books: Fusûl al Bedâyi‘, Mirkat al Vusûl il⠑İlm al Usûl and its commentary (sharh) Mirât al Usûl, and Kirmastî’s three books, e.g. al Veciz fî Usûl al Fiqh, Zübdet al Vusûl ilâ Umdet al Usûl and Usûl al Ahkâm. These books discuss the purposes of sharia under the title of analogy (qiyas) within the context of correlation (munasabah), which constitutes one of the ways for exploring ‘illa. Because these books were written according to the mamzooj method, they dealt with the topic in the same way as the Mutakallimin scholars did. On the other hand, most of the time they stuck to the views of the Hanafite usul tradition.

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