The Significance of Jurisprudential Ijtihad on Widespread Affliction in the Legal Adaptation of Contemporary Issues: A Maqaṣid-Based Applied Study on Cosmetic Surgery

Abstract

This study explores the concept of “ʿUmoum al-Balwa” (widespread affliction) and its role as a basis for legal alleviation. It examines the impact of jurisprudential ijtihad of this concept on emerging contemporary afflictions and its significance for jurists and muftis through the lens of the higher intentions (maqaṣid) of Islamic law. The research is structured into an introduction, chapters, and sections that define ʿUmoum al-Balwa, its evidences, causes, conditions, its relationship with the maqaṣid, and its jurisprudential importance. The study applies these discussions to the issue of cosmetic surgery, considering it a contemporary medical matter closely linked to the concept of widespread affliction.

The primary aim of this research is to highlight the importance of ʿUmoum al-Balwa in addressing contemporary afflictions and issuing fatwas, as well as to demonstrate the flexibility and compassion of Islamic law in alleviating hardship and facilitating ease for those accountable. It also seeks to clarify the connection between ʿUmoum al-Balwa and Shari'ah intentions, applying this framework to the case of cosmetic surgery.

The research adopts an inductive, descriptive, and comparative methodology. Among its key findings and recommendations are: that ʿUmoum al-Balwa arises from difficulty in avoidance or inaccessibility of alternatives, and that it serves as a legitimate basis for legal concessions under specific conditions and constraints. It holds significant jurisprudential value for jurists and muftis due to its connection with the intentions and its relevance to many rulings on contemporary afflictions. It also functions as a factor in legal preference, differentiation, and reasoning, making it one of the essential paths of ijtihad.

Key recommendations include: dedicating further studies to the jurisprudential importance of ʿUmoum al-Balwa in contemporary issues; examining its role of in other areas of public interest and the balance between benefits and harms; and conducting precise studies of contemporary jurisprudential issues from a foundational perspective, especially those frequently involving widespread affliction, while considering facilitation and the removal of hardship based on sound legal and maqaṣid-based evidence.