Maqāṣid-Based Ijtihād in Modern Family Matters: Balancing Textual Evidence and New Realities

Abstract

This research aims to examine the specific objectives (maqāṣid) of Islamic family law and their role in addressing contemporary family-related issues amidst rapid social and technological changes. The study begins by establishing the conceptual foundation of the family in Sharia, emphasizing that marriage is a “solemn covenant” built upon definitive objectives such as tranquility, compassion, and the preservation of lineage. It then explores modern developments in reproduction, including in-vitro fertilization (IVF), assisted reproductive technologies, premarital genetic testing, and birth control, through a maqāṣid-based analysis of contemporary juristic resolutions. The research further highlights the impact of Sharia objectives on deriving and prioritizing legal rulings, particularly through the lens of consequence-based reasoning in issues like arbitrary divorce and newly emerging marriage forms. It concludes with practical recommendations for integrating maqāṣid into legislation and judicial practice to enhance family protection and stability. Ultimately, the study demonstrates that the maqāṣid approach provides a powerful framework for guiding modern ijtihād and developing more flexible, just, and responsive family laws.