Principles and boundaries of maqasid jurisprudence

In the nineteenth century, there was an opinion that Islamic thought in general and fiqh thought in particular had entered a process of dulling and regression. This idea is closely related to a literal rather than a teleological interpretation of the main sources of Islam. In this context, it is a well-known fact that the literal interpretation approach, which dominates taqlid, is the most prominent alternative to the teleological interpretation that activates the field of ijtihad in jurisprudence. From this point of view, some researchers in the modern era saw that the teleological interpretation is the only way out of this intellectual and jurisprudential crisis, and they made this teleological interpretation a method of ijtihad, and stipulated that the fiqh of literal/verbal interpretation should be removed from the field of ijtihad. In summary, they said, that the science of principles should be put aside, and in the event of a conflict between the text and the intentional ijtihad, the intention must be absolutely preferred. This new thought causes many legal and jurisprudential problems. It has become necessary to determine the authenticity of the intentional diligence and the controls of this new jurisprudential method. In this message, the authoritativeness of intentional jurisprudence and its legal and jurisprudential problems were revealed, and the controls of intentional jurisprudence were set, and its limits and parties were clarified. As a result, it has been observed that the objectives are legal evidence in matters not stipulated, and it is possible to conduct ijtihad in this new way provided that it is precise and the parties are specified, but if the objective ijtihad is not controlled, problems will befall the formal and normative structure of Islamic law. In the first part of this study, the stages through which the development of intentions has gone through, the basic concepts that are based on it and its parts and divisions were mentioned. In the second part, the methods and approaches of ijtihad, the authoritativeness of maqassid ijtihad, and the legal problems that will arise from the application of maqseen ijtihad without specifying the controls . In the third chapter, the principles of ijtihad, i.e. the rules of interpretation, the evidence limiting the intentional ijtihad, and the general and specific controls of this method were studied.