فقه المقاصد وأثره في فتاوى المرأة والأسرة عند الشيخ يوسف القرضاوي

Abstract

Shaykh Yusuf al-Qardhawi is a prominent Muslim scholar and one of the most influential individuals in the Muslim world. His contributions include issuing jurisdictions (fatwas), authoring books and articles, and participating in da`wah efforts through conferences and lectures. He is also a member of various Islamic bodies and organisations. This study aims to gather and analyse Shaykh Yusuf al-Qardhawi`s fatwas regarding family and women matters and determine to what extent those fatwas are based on and influenced by the consideration of Maqasid al-Shariah (The Philosophy of Islamic Jurisprudence). Using the comparative and analytical approaches, the researcher discusses some important examples of the juristic preference in the light of Fiqh Maqasid, and the methodology used by Shaykh Yusuf al-Qardhawi in his jurisdiction. The aim behind these efforts is to gain knowledge in ijtihad, tajdid (revival), taqrib bayn al-madhahib, and the possibility of benefiting from those preferences in recent juristic implementation. The study has reached the following conclusions: Shaykh Yusuf al-Qardhawi`s juristic methodology has the characteristic of moderate ijtihad, i.e. it follows the proofs (adillah) and does not solely depend on the opinions of the existing scholar of madhahib (school of fiqa). He sticks to a conclusive evidence, as well as reliable and acceptable narrations, which are supported by valid qawÉid Usuliyyah and Fiqhiyyah. All these are in line with general characteristics of Islamic Jurisprudence that mainly emphasise on facilitating and avoiding hardship. Apart from that, the study also finds that Shaykh Yusuf al-Qardhawi`s methodology of preference is characterised by some sort of facilitation and tolerance, away from fanaticism, and away from following any school of fiqh without proof. The study also discovers that it is important to utilise Shaykh Yusuf al-Qardhawi`s juristic preferences in order to activate revivalism and ijtihad, and to bring the schools of fiqh closer together. In addition, Shaykh Yusuf al-Qardhawi`s juristics preferences can be utilised to achieve Islamic revivalism in coping with the current environment and to provide Islamic solutions to the ever-changing challenges and problems of the Muslim ummah.