A Research Based Study of the Objectives of Sharīʻah and Juristic Legal Maxims as Mentioned in the Fatawa of Dārul ʻUlūm Deoband by Muftī Muḥammad Shafīʿ

فتاویٰ دارالعلوم دیوبند از مفتی محمد شفیع میں مذکور مقاصدِ شریعت اور قواعد فقہیہ کا تحقیقی جائزہ

Abstract

This research article presents an analytical study of the application of Maqāṣid al-Sharīʿah (the objectives of Islamic law) and major Qawāʿid Fiqhiyyah (juristic maxims) in Fatāwā Dār al-ʿUlūm Deoband authored by Mufti Muhammad Shafiʿ (d. 1396 AH). The study highlights Mufti Shafiʿ’s distinguished juristic methodology, developed during his tenure as Ṣadr Mufti of Dār al-ʿUlūm Deoband (1349–1362 AH), and later continued in Karachi. It demonstrates how his fatwas consistently balance textual evidences with higher objectives of the Sharīʿah, particularly the preservation of religion, life, intellect, lineage, and wealth. Through a thematic and analytical approach, the research examines numerous fatwas in which Mufti Muhammad Shafiʿ explicitly or implicitly employed maqāṣid-oriented reasoning, precautionary principles, and well-established juristic maxims such as al-ḍarūrāt tubīḥ al-maḥẓūrāt (necessities permit prohibitions), lā ḍarar wa lā ḍirār (no harm and no reciprocating harm), al-ʿurf muʿtabar (custom is legally recognized), and al-ḍarar yuzāl (harm must be eliminated). The article shows that while remaining firmly rooted in the Hanafi legal tradition, Mufti Shafiʿ adopted a pragmatic and socially conscious approach, particularly in matters related to modern challenges, public welfare, health crises, economic transactions, and social customs. The study concludes that Fatāwā Dār al-ʿUlūm Deoband represent a comprehensive and balanced model of applied Islamic jurisprudence, wherein adherence to classical principles is harmonized with consideration of societal realities and public interest. The research emphasizes the contemporary relevance of Mufti Muhammad Shafiʿ’s juristic methodology and recommends further comparative, thematic, and digital research on this significant corpus to facilitate its effective use in addressing modern legal and ethical issues in the Muslim world.