Dr Fauziah Mohd NoorSenior Lecturer, School of Law,COLGIS, UUM(Phd in Islamic Law (Birmingham), Master of Laws (London) Bachelor of Shariah (Hons.), (Akademi Islam University Malaya)

MAQASID AS-SHARIAH (OBJECTIVE OF ISLAMIC LAW)

Definition of Maqasid Al-Shari'ah

Maqasid al-Shari'ah comprises those benefits/welfare/advantages behind the revelation of Islamic Laws.

It aims at the attainment of good, welfare, benefits, and warding off evil, injury, loss, etc. for the creatures. (All this in Arabic terminology can be stated as Masalih al-'Ibad.)

Continue…Shari'ah aims at the welfare of the people

in this life and in the life hereafter, and for this purpose it has advised people to adopt such means and measures that may give advantage benefit/well-being to them and may ward off evil/injury/loss, from them.

Studies on Maqasid as-ShariahMany jurists have tried to explain the aims

and objectives of Shari'ah upon which it is established.

Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.

Shaikh Muhammad AL-Tahir ibn Ashur is the most renowned Zaytuna Imam and one of the great Islamic scholars of the 20th century. The publication of this translation of Shaikh Ibn Ashur's Treatise on Maqasid AL-Shari'ah is a breakthrough in studies on Islamic law in the English language.

In this book, Ibn Ashur proposed Maqasid as a methodology for the renewal of the theory of Islamic law, which has not undergone any serious development since the era of the great imams. Ibn Ashur - quite courageously - also addressed the sensitive topic of the intents/Maqasid of Prophet Muhammad (SAAS) behind his actions and decisions.

Ibn Ashur developed the theory of the 'protection of true belief' into 'freedom of beliefs', etc. Also introduced the concepts of 'orderliness', 'natural disposition', 'freedom', 'rights', 'civility', and 'equality' as Maqasid in their own right, and upon which the whole Islamic law is based.

Continue…This development opens great

opportunities for Islamic law to address current and real challenges for Muslim societies and Muslim minorities.

Classification of Maqasid as-ShariahProvisions of Shari'ah aim at protecting its

objectives. Objectives or Maqasid al-Shari'ah can be classified as:

DaruriyyahHajiyyahTahsiniyyah

Daruriyyah(Necessity)These are the objectives which are must

and basic for the establishment of welfare in this world and the world hereafter in the sense that if they are ignored then the coherence and order cannot be established and fasad (chaos and disorder) will prevail in this world and there will be obvious loss in the world hereafter.

Continue…Daruriyyah relates to five things:Protection of Faith (Din)

Protection of Life (Nafs)Protection of Posterity (Nasl)Protection of Property (Mal)Protection of Reason ('Aql)

Continue…According to Shatibi, these five protections

are daruriyyah for the establishment of welfare in this world as well as in the world hereafter.

The protection of the above mentioned elements can be made possible through two types of essential elements.

Continue….Solah, zakah, fasting and hajj are the

elements that are required for the maintenance of the very existence of faith (din). All such provisions of Shari'ah are said to have the aims that can be labelled as daruriyyah.

Building mosque, Baitul Mal etc…

Continue…benefit from drinkables, clothing, housing,

etcetera, is meant to maintain life and hence fulfill the objective of necessities.

Such matters and dealings that are required to maintain and protect the 5 essential values promote necessities (schools, hospitals,etc)

Continue…legal provisions (jinayat), which are

required to stop destruction of the above mentioned elements will also be said to aim at daruriyyah from the point of view of the objectives of Shari'ah.

E.g- hudud laws/qisas, prison, asylum

Hajiyyat (Requirement)All such provisions of Shari'ah which aim at

facilitating life, removing hardship, etcetera, are said to fulfill the hajiyyah (requirements).

For example, permission of hunting and use of halal goods for food, lodging, and conveyance,

Continue…Besides, the permission for qirad (profit

sharing through borrowing), musaqat (profit sharing), bai salam (forward buying of a commodity which does not yet exist),are the examples of Shari'ah provisions that aim at facilitating life or removing hardships in the life in this world.

Tahsiniyyat (embellishment)Shari'ah beautifies life and puts comforts

into it. There are several provisions of Shari'ah which are meant to ensure better utilization, beautification and simplification of daruriyyah and hajiyyah.

Eg., permission to use beautiful, comfortable things; to eat delicious food; to have cold drinks and so on

Relationship between these three (d, h, t)Shatibi has identified the relationship

between daruriyyah, hajiyyah and tahsiniyyah in the following manner:

Daruriyyah is fundamental to hajiyyah and tahsiniyyah.Deficiency in daruriyyah brings deficiency to hajiyyah and tahsiniyyah in an immutable manner.

Continue…Deficiency in hajiyyah and tahsiniyyah does

not necessarily affect daruriyyah. An absolute deficiency in hajiyyah and

tahsiniyyah may bring deficiency in some extent to daruriyyah.

To keep up hajiyyah and tahsiniyyah for the proper maintenance of daruriyyah is desirable.

Continue….Example:- Government hospitals and private hospital- Government schools and private schools

Summary for the relationshipDaruriyyah is the basic whilst the other two

are in the nature of the complements of daruriyyah.

Demand for daruriyyah creates the demand for the other two, that is, hajiyyah and tahsiniyyah.

Demand for hajiyyah and tahsiniyyah does not create demand for daruriyyah.

Continue…Demand for hajiyyah can be set aside for

the demand for daruriyyah.Similarly the demand for tahsiniyyah can be set aside for the demand for hajiyyah.Hajiyyah and tahsiniyyah are pursued for the sake of daruriyyah, that is, to complement them and not for their own sake.

Approach to Promote/Maintain Maqasid as-ShariahPositive approachNegative approachIn conformity with the concept of al-amr bi

al-maa’ruf, wa nahy an al-munkarMubashira wa naziira

Discussion by Prof H.KamaliOne of very important objective is:Rahmah (Mercy or Compassion), that seek

to eliminate prejudice, alleviate hardship and establish justice.

The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah

Continue….The objective of Rahmah, is most clearly

manifested in the realisation of Maslahah (Benefit) in everyday communal life.

The ulema have, thus, generally considered Rahmah to be the all-pervasive objective of the Shari’ah, and have, to all intents /purposes,

used it synonymously with Maslahah.

Adl (Justice)’Adl or Qist (Justice), is indeed a

manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah in its own right.

the Qur’an states: “We sent Our Messengers and revealed through them the Book and the Balance so that Justice may be established amongst mankind” (57:25).

Continue….Justice as a value or primary objective of

the Shari’ah is mentioned in the Qur’an fifty-three times in all. ’Adl — literally meaning to place things in their right and proper place

a fundamental objective of the Shari’ah, is to seek to establish an equilibrium between rights and obligations, so as to

eliminate all excesses and disparities, in all spheres of life

Tahdhib al-Fard (Educating the Individual)Tahdhib al-Fard (Educating the

Individual) is also a very important objective of the Shari’ah. It fact, in order of priority, it may even ought to be placed before Maslahah and ’Adl.

For the latter are both, essentially, community-oriented values that acquire much of their meaning in the context of social relations,

Continue…whereas the former seeks to make each

individual a trustworthy agent just so as to strive to realise these values which benefit himself and the community.

Indeed, the overall purpose of a great number of the stipulations of the Shari’ah, especially in the spheres of ’Ibadah (ritual worship) and Akhlaq (moral teachings), is to train the individual to acquire the virtues of Taqwa (God-consciousness),

Continue...the majority approach to the identification

of the maqasid takes into consideration not only the text but also the underlying ’illah or rationale of the text.

The chief exponent of Al-Maqasid, Abu Ishaq Ibrahim al-Shatibi (d. 790H),

spoke affirmatively of the need to respect and observe the explicit injunctions, but added, that adherence to the obvious text

must not be so rigid

PURPOSES OF MEDICINE - maqasid al shari’at

The first purpose is protection of diin, hifdh al diin. It involves both physical health and mental health.

Protection of al-diin essentially involves ‘ibadat in the wide sense that every human endeavor is a form of ‘ibadat.

Thus medical treatment makes a direct contribution to ‘ibadat by protecting and promoting good health

Continue…so that the worshipper will have the

physical and mental energy to undertake all the responsibilities of ‘ibadat.

The principal forms of physical ‘ibadat are prayer, salat; fasting, siyaam; and pilgrimage, hajj. A sick or a weak body can perform them properly.

Continue…The second purpose is protection of life,

hifdh al nafs, the primary purpose of medicine. Medicine cannot prevent or postpone death since such matters are in the hands of Allah alone.

It however tries to maintain as high a quality of life until the appointed time of death arrives.

Continue…Medicine contributes to the preservation

and continuation of life by making sure that physiological functions are well maintained. It also relieves pathophysiological stress by preventive, curative, and rehabilitative measures.

Continue…The third purpose is protection of progeny,

hifdh al nasl. Medicine contributes to the fulfillment of

this function by making sure that children are cared for well so that they grow into healthy adults who can bear children.

Treatment of male and female infertility ensures successful reproduction. The care for pregnant women, perinatal medicine, and pediatric medicine all ensure that children are born and grow healthy.

Continue…hifdh al ‘aql. Medical treatment plays a

very important role in protection of the mind.

Treatment of physical illnesses removes stress that affects the mental state.

Continue….Treatment of neuroses and psychoses

restores intellectual and emotional functions. Medical treatment of alcohol and drug abuse prevents deterioration of the intellect.

Issue of metadone, daun ketum etc

Continue…hifdh al maal. The wealth of any community

depends on the productive activities of its healthy citizens.

Medicine contributes to wealth generation by prevention of disease, promotion of health, and treatment of any diseases and their sequel.

Communities with general poor health are less productive than healthy vibrant communities. The principles of protection of life and protection of wealth may conflict in cases of terminal illness. Care for the terminally ill consumes a lot of resources that could have been used to treat other persons with treatable conditions. Resolution of such contrasts requires resort to the principles of the Law, qawa’id al shari’at, that are described below.

Continue…The principles of protection of life and

protection of wealth may conflict in cases of terminal illness.

Care for the terminally ill consumes a lot of resources that could have been used to treat other persons with treatable conditions.

Resolution of such contrasts requires resort to a specific principles of the Law, qawa’id al shari’at.

Maqasid and ijtihadIbn ’Ashur, the author of another landmark

work on Al-Maqasid, also stressed that knowledge of the science of Al-Maqasid was indispensable to ijtihad in all its manifestations.

Some ulema, who confined the scope of their ijtihad only to literal interpretations, found it possible,

Continue..ibn ‘Ashur observed, to project their

personal opinions into the words of the text, but fell into error as they were out of touch with the general spirit and purpose of the surrounding evidence

Continue…An important feature of the ‘Maqasidi’

(objectives-based) approach in relation to ijtihad and the formulation of specific rules is the attention that the mujtahid must pay to the consequences of his rulings. Indeed, an ijtihad or fatwa would be deficient if

it failed to contemplate its own ma’alat (consequences).

Conclusionthe maqasid have become the focus of

attention as it tends to provide ready and convenient access to the Shari’ah.

it is naturally meaningful to understand the broad outline of the objectives of the Shari’ah in the first place before one tries to move on to specifics.

Continue…An adequate knowledge of the maqasidthus equips the student of Shari’ah with

insight and provides him with a theoretical framework in which the attempt to

acquire detailed knowledge of its various doctrines can be more meaningful and interesting.