Purposive Jurisprudence as Applied by Companions of the Prophet Mohammad

Maher Haswa

 

Abstract: This article discusses several examples of judicial discretion exercised by the Companions of the Prophet Muhammad. Each example represents applied purposive Islamic jurisprudence and concerns the realms of “judicial preference” (istihsan) and “preventing the means to an unlawful end” (sadd al-dhari’a). These examples show the degree to which the Companions were concerned with the general purposes of the Shariah and the reality faced by the people of their time. Using the deductive analytical method, this article concludes that the purposive method of jurisprudence should be more widely adopted where jurists should consider the law’s purposes and intention when issuing rulings. This method is not limited to selecting previously developed rulings but instead considers the benefits and harms of applying Islamic law in contemporary cases.