Shi'a

In the wake of the social and scientific developments of the modern era in Europe, Muslim thinkers have been seeking a new method of ijtihad (independent reasoning) in order to adapt Islam to the changes of the time or to produce new Islamic jurisprudential rulings for the emerging social transformations. Attention to the objectives (Maqaṣid) of Shariʻah in ijtihad has been a way for the flourishing and dynamism of jurisprudence and providing appropriate responses to new issues. Attention to the objectives (Maqaṣid) of Shariʻah is more prominent in the views of jurists who have had a social and governmental approach to the religion of Islam. Imam Khomeini and Sayyid Muhammad Baqir Sadr are among these jurists. In this research, using the descriptive method and library data collection, the following questions have been addressed: ‘What position the objectives (Maqaṣid) of Shariʻah have in the thought of Imam Khomeini and Sadr?’ and ‘What are the differences and similarities with the views of Sunni jurists?’ The result indicated that Imam Khomeini has presented novel views with regard to the objectives (Maqaṣid) of Shariʻah, and his attention to the objectives of Shariʻah in the process of inference has been effective both in the expansion and deepening of jurisprudence. Sadr, too, based on definitive rational methods, seeks to find and uncover the ultimate goals of Shariʻah, and for this purpose, he distinguishes the objectives of Shariʻah from its aims. The common point between the views of Sunni jurists and Imam Khomeini and Sadr in enumerating the objectives of Shariʻah is the establishment of social justice and the preservation of the social system, and the difference is in the attention to the preservation of religion as one of the objectives of Shariʻah in the view of Shi'a jurists. 

Maintaining the health and order of society, in order to move along the correct path of progress, is among the priorities of every school of thought. One of the ways to achieve this goal is to maintain individual and family health and order, strengthen family relationships, and establish social order. The two religions of Judaism and Islam recommend that their followers observe chastity and hijab in order to achieve this goal, so that moral health prevails in society. Maintaining chastity and hijab in these two divine religions is recommended for both men and women, and each has specific duties in this path; duties that, apart from preserving their own chastity, also help to preserve the chastity of their spouses and the society in which they live. By studying the details of these recommendations, many similarities can be found between these two divine religions. This research addresses the issue of chastity and hijab in the two religions of Judaism and Islam, and its emphasis is on the content of the jurisprudential books of the Talmud and Man Lā Yaḥḍuruhū al-Faqīh, whose contents explain revelation and are of special interest to the jurists of these two schools of thought.