أهمية مقاصد الوقف في الاجتهاد الفقهي المعاصر: دراسة تحليلية استشرافية في أفغانستان = Importance of Maqāṣid of waqf in the contemporary jurisprudential ijtihad: a forward-looking analytical study in Afghanistan

• Main Authors: Salim, Abdussalam, Ghalia, Bouhedda, Amanullah, Muhammad
• Format: Article
• Language: Arabic
• Published: IIUM Press 2024
• Subjects: BPH741 Waqf
• Online Access: http://irep.iium.edu.my/113654/1/113654_%D8%A3%D9%87%D9%85%D9%8A%D8%A9%20%D9%85%D9%82%D8%A7%D8%B5%D8%AF%20%D8%A7%D9%84%D9%88%D9%82%D9%81.pdf; http://irep.iium.edu.my/113654/; https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/349

The significance of waqf, with its jurisprudential nature, economic format, and maqasidic formulation, serves as a key tool in advancing Islamic social finance within the contemporary Islamic financial system. This importance is reflected in various global experiences, and Afghanistan is striving to follow suit. This study aims to unveil the higher Sharīʿah objectives (Maqāṣid al-Sharīʿah) of the waqf system and their significance in contemporary waqf related ijtihad. Examining the maqasidic dimension of the waqf system is one of the most crucial discussions in the evolution of waqf in our present era, alongside jurisprudential, legal, and economic studies. The study employed a qualitative method, using inductive and analytical approaches to establish and regulate the concept of waqf related Maqāṣid al-Sharīʿah and their associated foundational issues. This was done to establish the legal foundations of waqf and to analyze its current state and development prospects in Afghanistan. The study concluded with several findings and recommendations. Most important of them are numerous Maqāṣid al-Sharīʿah have been achieved through waqf, while others are hindered by current challenges in Afghanistan; the development of specific Maqāṣid al-Sharīʿah of waqf requires legal regulations that meet the demands of the modern era. It is recommended to establish a specialized body in Afghanistan dedicated to waqf affairs, relying on scientific centers, and jurisprudential, legal, and economic expertise, as well as contemporary global experiences.