Özet:

In this study, the relationship between maqāsid (purpose) and ijtihad (physical or mental effort) is discussed from various aspects. Qualitative research method was used as the procedure. Many old and new sources were scanned for the study by doing thematic reading. Obtained findings were recorded and analyzed under appropriate headings. In addition to the forms of signification of words, the faqihs (i.e., Islamic jurist) attached great importance to maqāsid which is general purpose of the Shari in making the decrees. They established a strong connection between these two concepts by referring to maqāsid in the ijtihad activities in order to reach the aims of the Shari. In recent years, this connection has been concretized with the concept of ijtihad of maqāsid. In fact, it has been realized that ijtihad is locally used synonymously with maqāsid. Many studies focusing on the subject of maqāsid have been addressed to the issue of ijtihad of maqâsid. In this context, many important issues have been clarified. However, in these studies, it is seen that some important issues in the context of the relation between maqāsid and ijtihad are not clarified enough. The problem of whether the expression of ijtihad of maqāsid differs from the established concept of ijtihad or not sets an example for this. Since Islamic law places human at the center, it aims at fulfilling the benefits of the servants. Despite this reality, it has been suggested that the idea of maqāsid was generally neglected in the classical period. The fact that the field of maqāsid was born and developed in a late period supports this claim. However, the claim that maqāsid is generally neglected in fiqh (Islamic jurisprudence) does not fully account for the truth. Because, as a result of some researches, it has been understood that maqāsid is very valuable in terms of the fiqh method. In addition, maqāsid has been taken into account in the Quran and Sunnah, which are the two basic sources of fiqh, within the framework of the practical fiqh issues. The same situation has manifested itself in the ijtihad activities of the companions, tābiʻūn (followers of the Companions) and faqihs. It is an undeniable fact that some faqihs, who are too preoccupied with the literal meanings of religious texts, neglect the idea of maqāsid. These faqihs are known to represent the Zāhirī school of thought. However, it is understood that some faqihs other than Zāhirīes also displayed the same attitude. In this respect, it would be more appropriate to say that maqāsid is partially neglected in al-furu fiqh (Islamic jurisprudence). It is seen that maqāsid, which has a decisive position in the ijtihad studies of the faqihs, performs an important task. Because the faqihs stated that Allah’s will can only be achieved in this way. Accordingly, the mystery/secrets of sharia can only be reached by understanding maqāsid. Otherwise, it is obvious that fatwas and decrees that are contrary to the intention of Allah are emanated. Nowadays, with the effect of increasing studies on the subject of maqāsid, it has been mentioned among the conditions of ijtihad. As a matter of fact, it is possible to see this in the works of many authors. In fact, in the classical period, even if indirectly, maqāsid was taken into account in the context of the ijtihad competence. However, it should be stated that knowing maqāsid is not directly mentioned among the competence requirements in mujtahid (diligent). On the other hand, it is unanimously acknowledged that al-Shātibī, who considered maqāsid as a main condition in terms of ijtihad, has a special place. It should be especially noted that al-Shātibī's efforts have been partially neglected. With his evaluations in this direction, al-Shātibī got the attention and interest he deserved in our age, albeit late. al-Shātibī, who followed a tolerant way in the conditions of ijtihad, except Istinbat (inference), made a great contribution to the idea of ijtihad of maqāsid. It is seen that the religious provisions, most of which are obtained through the ijtihadī activities, are also within the scope of maqāsid. In addition to improving the fiqh method, there are opinions that maqāsid is an independent field. The views that it will replace the fiqh method are far from acceptable. Because maqāsid is a source within the sharia, not outside of it. In the final analysis, we are of the opinion that maqāsid is within the scope of the fiqh method, despite its evaluation in the individual works.

Anahtar Kelimeler: