(Al-Maʿrūf) and (Al-Munkar) and Their Value-Based Impact on the Expansion of Juristic Ijtihād

Abstract

Submission date: 03/01/2026

Acceptance date: 27/01/2026

Publication date: 30/03/2026

This study aims to re-approach the concepts of enjoining what is right (al-amr bi-l-maʿrūf) and forbidding what is wrong (al-nahy ʿan al-munkar) by shifting them from the sphere of partial juristic treatment to a broader axiological horizon، in which they function as influential principles in juristic ijtihād، particularly in areas not directly covered by legislative texts. The study begins by examining the nature of juristic reasoning in its engagement with text and reality، and by tracing the juristic disagreement concerning the domain of “that for which there is no explicit text،” along with the consequences of this disagreement in terms of expanding the evidentiary bases، establishing practical principles، or relying on non-verbal (implicit) proofs and the conduct of rational agents (bināʾ al-ʿuqalāʾ).

The first section addresses the expansion of the concept of maʿrūf through linguistic، Qurʾanic، and uṣūlī approaches. It seeks to demonstrate that maʿrūf is not confined to obligations and prohibitions، but also encompasses innate values and rationally accepted standards that become entrenched in the collective conscience of the community. In this context، the study highlights the close relationship between maʿrūf، the conduct of rational agents، commonly accepted propositions، and practical reason. It also critically examines the dominance of the juristic perspective in interpreting maʿrūf and munkar، distinguishing between viewing them as specific juristic subjects and viewing them as comprehensive universals that establish conceptual principles preceding—and influencing—the tools of juristic derivation.

The second section focuses on the civilizational and social dimensions of enjoining what is right and forbidding what is wrong، clarifying how this obligation has historically been treated as a partial duty. It has often been examined within an individual framework and restricted by precise conditions، which has limited its applicability in the public sphere. The study then moves to elucidate the potential transition from juristic particularity to axiological generality by invoking the role of innate disposition (fiṭra) and shared values in safeguarding society from deviation، linking this to the concept of ḥisba، and subsequently to institutions and organizations of civil society as contemporary forms for establishing maʿrūf and consolidating values.

The study concludes that maʿrūf and munkar are concepts capable of expansion depending on their sphere of application، and that confining them to a minimal juristic scope has weakened their juristic and civilizational potential. It further affirms the possibility of integrating jurisprudence and values by employing maʿrūf and munkar as comprehensive criteria that guide juristic reasoning in newly emerging issues and establish an inclusive conceptual framework that preserves the objectives of the Sharīʿa in the domain of “that for which there is no explicit text،” while keeping values operative in the face of evolving realities.