The Maqasid-Based Vision of Sheikh Abdul Qadir Al-Sanandaji in his book (Mawahib Al-Badi' fi Hikmat Al-Tashri'): The Chapter on Punishments as a Model

Abstract

This research examines the concept of the objectives of Islamic law (hudud) through the lens of Sheikh Abdul Qadir al-Sanandaji's book, "Mawahib al-Badi' fi Hikmat al-Tashri'" (The Gifts of Eloquence in the Wisdom of Legislation), in which he highlights the wisdom and higher goals of Islamic legislation. Hudud are not merely deterrent punishments; rather, they are means of protecting the five necessities: religion, life, intellect, honor, and property, achieving justice, and safeguarding society from corruption, while also addressing doubts and providing an opportunity for repentance, thus reflecting the justice and mercy of Islamic law. The research problem lies in the fact that many people view Islamic rulings superficially, without grasping the underlying reformative objectives, leading to an incomplete or distorted understanding of their application in society. Hence the need to study Sheikh al-Sanandaji's treatment of hudud issues such as retaliation (qisas), flogging, amputation, fines, discretionary punishments (ta'zir), and exile, and to clarify the legal objectives that seek to preserve society and achieve a balance between mercy and firmness.

This research is based on three main axes: the legal and purposive foundations adopted by Sheikh Sanandaji, the manifestations of the purposive perspective in criminal punishments, and the extent of its contribution to highlighting the justice and mercy of Islamic law. The importance of the research lies in clarifying the wisdom behind criminal punishments, bridging the gap between the literal and purposive understanding of rulings, and highlighting the balance in Islamic law between deterrence and the preservation of individual and social rights. The research also aims to present a contemporary reading of the purposive perspective according to Sheikh Sanandaji's methodology, analyzing the texts of his book and linking them to the Quran, Sunnah, and the sayings of scholars. The research is divided into an introduction and three sections: the first on retaliation and flogging, the second on amputation and fines, and the third on discretionary punishments and exile, with a conclusion summarizing the most prominent findings and conclusions of the research regarding the wisdom and purposes of the prescribed punishments.