1 Answer
2 Helpful
0 Unhelpful

In a Nutshell: The objectives (maqasid) of the shariah are the overarching outcomes sought by the application of Allah's laws in an Islamic civilisation.

The maqasid are determined inductively by reviewing the shariah rules and their anticipated outcomes and underlying wisdoms (hikmah).

Introduction to the Maqasid

The maqasid al-shari'a (objectives of the shari'a) refer to the underlying aims and purposes behind the rulings of Islamic law. Scholars meticulously studied the breadth of shari'a to deduce these overarching goals, emphasizing the wisdom and benevolence inherent in divine guidance. While there is some variation in how the maqasid are categorized, the following five are widely recognized:

  1. Preservation of Religion (Din): Ensuring the protection of the foundational beliefs of Islam, its rituals, and the ability of Muslims to uphold their religious obligations. This is considered the paramount objective of shari'a.

  2. Preservation of Life (Nafs): Safeguarding human life and promoting well-being. Rulings on self-defense, prohibition of homicide, and emphasis on health are rooted in this principle.

  3. Preservation of Intellect (`Aql): Safeguarding mental faculties and intellectual well-being. Prohibitions on intoxicants, and the prioritization of knowledge and education all relate to the maqsad of preserving the intellect.

  4. Preservation of Lineage (Nasl): Protection of familial bonds, upholding parental roles, and emphasizing the sanctity of marriage. Regulations pertaining to family law, inheritance, and prohibitions on adultery serve this purpose.

  5. Preservation of Wealth (Mal): Protecting property rights, fostering economic justice, and encouraging responsible ownership. Rules relating to zakat (alms-giving), fair trade, and upholding contracts fulfill this crucial objective.


Scholarly Perspectives

Scholars have differed somewhat on the maqasid however they are generally summed up as 5 aims.

The Hanbali jurist Shatibi famously said:

"...the Shari'ah was put in place to preserve the five necessities, and they are: way of life (Din), self (Nafs), lineage (Nasl), wealth (Mal) and mind (Aql)." (Al- Muwafaqat Fi Usui Ash-Shari'ah" , Vol. 1, p. 38)

Also, Muhammad Ibn Muhammad Al-Hanafi Al- Halabi said:

"And the preservation of the:

1. Deen, amongst the necessities, is given precedence over other than it, when there is conflict, because it is the greatest goal. Allah said,

"And I created not the Jinns and humans except so they should serve Me" (Surat al-Dhariyat:56)"

And other than it is a goal due to it. And because its fruit is the most complete of fruits, the achievement of eternal happiness in the nearness to the Lord of the Worlds.

2. Then the preservation of the self (Nafs) is given precedence over the preservation of the lineage (Nasab), the mind, and the wealth, due to it including the deen's benefits, because they are only achieved through the acts of servitude, and their achievement is reliant upon the survival of the self.

3. Then the preservation of the lineage is given precedence, because it is for the survival of the self of the child. Because through the forbiddance of zina, no mixing of the lineage takes place, so the child is attributed to one individual, so the father does diligence in raising him and preserving the child's self. Otherwise, the child would be neglected, then his self would be lost due to his inability to preserve it.

4. Then the preservation of the mind is given precedence over the preservation of the wealth, due to the loss of the self through its loss to the point that the person joins the animals and the responsibility falls off of him with its loss.

And from there, with its loss becomes obligatory what is obligatory with the loss of the self, and it is the full blood money.

5) Then the preservation of the wealth (comes last)."

(At-Taqrir Wat-Tahbir Fi Sharh Kitab At-Tahrir, Vol. 3, p. 231)

Here are some other key viewpoints:

  • Imam Al-Ghazali (11th-century jurist): Al-Ghazali's framework aligns with the five but prioritizes religion, highlighting it as the overarching principle behind all of shari'a.
  • Ibn Ashur (20th-century scholar): He emphasized the shari'a's dynamic nature, stating the maqasid are meant for promoting human well-being and can serve as guideposts to solve contemporary problems within an Islamic framework.


Understanding the Maqasid

The maqasid of shari'a highlight its comprehensiveness and its profound concern for individual and societal well-being. They act as a compass, informing Muslim scholars when deriving rulings, navigating contemporary complexities, and striving to align human affairs with Allah's guidance.

While the concept of the maqasid al-shari'a is deduced from a thorough analytical study of the Quran and Sunnah, identifying verse-by-verse citations demonstrating each objective requires careful scholarly inquiry. Here's why:

  • Indirect Evidences: Individual ayah (verses) and ahadith (Prophetic narrations) might point towards one or more maqasid but rarely provide a precise categorization like this. Think of them as signs pointing in the direction of the bigger picture.

  • Scholarly Consensus: The five objectives were defined primarily through systematic analysis of numerous evidences – scholars observing consistent themes and their overarching intent within Islam's legal framework.

That said, here are some categories of verses and ahadith often referenced by scholars who explore the maqasid, offering clues to those underlying objectives:

1. Preservation of Religion (Din):

  • Quran: Verses stressing the importance of faith, worship, and upholding Allah's commandments. E.g., "You who believe! Enter perfectly in Islam..." (2:208)
  • Sunnah: Ahadith on establishing prayer, pillars of Islam, warnings against corrupting innovations in religion, etc.

2. Preservation of Life (Nafs):

  • Quran: Prohibitions on murder, suicide, emphasis on saving lives. E.g., "...if anyone killed a person... it would be as if he killed the whole of mankind; and if anyone saved a life it would be as if he saved the whole of mankind..." (5:32)
  • Sunnah: Narrations on respecting the sanctity of life – like the Prophet's (pbuh) final sermon which states, "Your lives and properties are as sacred..."

3. Preservation of Intellect (`Aql):

  • Quran: Verses condemning intoxicants, extolling knowledge-seeking, emphasizing reason and discernment. E.g., "O you who believe! Intoxicants and gambling...are an abomination, of Satan's handwork: eschew such abomination…" (5:90).
  • Sunnah: Hadith on seeking knowledge: "Seeking knowledge is obligatory upon every Muslim."

4. Preservation of Lineage (Nasl):

  • Quran: Regulations on marriage, divorce, inheritance, upholding familial bonds. E.g., "...And give to the orphans their properties and do not substitute the defective [of your own] for the good [of theirs]..." (4:2)
  • Sunnah: Hadith emphasizing marriage, parental responsibilities, prohibition of adultery, etc.

5. Preservation of Wealth (Mal):

  • Quran: Verses mandating zakat, forbidding unlawful acquisition of wealth, encouraging just economic practices. E.g., "O you who have believed, indeed many of the scholars and the monks devour the wealth of people unjustly..." (9:34)
  • Sunnah: Hadith on forbidding unlawful trading practices, emphasis on ethical conduct in business, etc.

Let's analyse how a specific Quranic verse and a hadith support the maqasid. Remember, this is just a sample – many other verses and hadith could be explored further.

Example 1: Quranic Verse

"...And spend of your wealth in the cause of Allah and do not throw [yourselves] with your [own] hands into destruction [by refraining]. And do good; indeed, Allah loves the doers of good." (Quran 2:195)

How it supports the Maqasid:

  • Preservation of Wealth (Mal): The verse promotes responsible handling of wealth, discourages both reckless spending and miserliness. It calls for wealth to be spent in causes upholding greater good.
  • Preservation of Life (Nafs): "Throwing oneself into destruction" is interpreted broadly – including financial ruin that would negatively impact one's survival, or harm stemming from neglecting the needs of others.
  • Preservation of Intellect (`Aql): True economic well-being requires reasoned allocation of resources, as opposed to actions dictated by impulsiveness or greed, both of which are detrimental to a well-balanced life.
  • Preservation of Religion (Din): Islam considers helping the needy an act of worship, thus linking wealth to practicing faith.

Example 2: Hadith

The Prophet (pbuh) said: "No man who believes in Allah and the Last Day should harm his neighbor. And be kind to women..." (Sahih al-Bukhari)

How it supports the Maqasid:

  • Preservation of Life (Nafs): The hadith underscores physical safety and the prevention of harm - whether verbal or physical, direct or indirect - to all who live within Muslim communities.
  • Preservation of Lineage (Nasl): Emphasis on being "kind to women" aligns with numerous Prophetic teachings highlighting the importance of protecting female relatives, upholding their dignity, and creating stable homes.
  • Preservation of Intellect ('Aql): Causing harm triggers an atmosphere of anxiety and insecurity, which directly harms one's intellectual health and the ability to reason or live peacefully.
  • Preservation of Religion (Din): Islam places immense importance on cultivating a spirit of harmony within communities, where individuals show kindness and consideration towards others – upholding religious values within society.

Points to Note:

  • A single verse or hadith seldom encapsulates only one maqsad. These objectives overlap, reflecting the comprehensive aim of the shari'a.
  • Scholars derive broader principles from a wide collection of primary sources. Analyzing them systematically and within their holistic context reveals the ethical priorities within Islam.



Misconceptions of the Maqasid of the Shariah

  1. The maqasid are a modern invention: While contemporary scholars articulated this framework, the essence of these objectives is evident within the rich heritage of Islamic legal thought.

  2. The maqasid are fixed and unchanging: While core principles endure, interpreting them in changing social contexts requires thoughtful scholarly consideration, showcasing the flexibility of shari'a within its defined parameters.

  3. The maqasid replace individual shari'a rulings: They should be understood as the overall principles underpinning a vast number of specific rulings, providing context and guiding new ijtihad (juristic reasoning).

  4. Prioritizing any of the five maqasid is acceptable: The hierarchy exists for a reason. For instance, rulings generally preserve life over those aimed primarily at the protection of wealth.

  5. The maqasid contradict human rights: Islamic human rights frameworks share similar concerns for safeguarding dignity, and the maqasid complement such rights-based frameworks.

  6. The maqasid allow for whimsical reinterpretations of shari'a: Rigorous scholarly methods underpin any valid reinterpretation, and conclusions must draw their basis from sound knowledge rooted in tradition.

  7. Only highly specialized scholars can grasp the maqasid: While full utilization requires scholarly tools, their essence – focusing on well-being, justice, and wisdom – can be appreciated by all.



FAQs re Maqasid of the Shariah

  1. How do the maqasid inform legal rulings? Jurists consider the maqasid by weighing potential benefit vs. harm and which priorities might take precedence for the greater good.

  2. Are there differences of opinion amongst scholars on the maqasid? Yes, there's rich, respectful debate on some details, particularly in applying them to modern contexts, reflecting Islam's intellectual vibrancy.

  3. Can the maqasid justify new rulings regarding current issues? Potentially. Scholars use them as guides to navigate societal changes, provided the resulting ijtihad is grounded in tradition and respects scholarly standards.

  4. What's the relationship between maqasid and social justice? They're intrinsically linked. Shari'a is not about mere ritual; it also addresses socio-economic well-being – a goal embodied in the maqasid.

  5. Can the maqasid help in interfaith dialogue? Absolutely! They provide a framework for discussing common concerns surrounding the protection of life, rights, and dignity, which other belief systems value.

  6. Where can I learn more about the maqasid al-shari'a? Books and articles by contemporary scholars like Jasser Auda and Tariq Ramadan provide accessible summaries and explanations. Seeking out relevant courses offered by reputable Islamic educational institutes is also highly recommended.

  7. Do the maqasid justify punishments prescribed in Shari'a? This is a complex issue. In instances where a crime undermines a foundational maqsad, punishment must be applied within stringent procedural safeguards and emphasis on reform of the individual.


Conclusion

The maqasid al-shari'a offer a powerful framework for comprehending the objectives behind the rulings of Islamic law. Their focus on preserving a Muslim's faith, life, intellect, lineage, and wealth demonstrates the shari'a's concern for both spiritual and worldly well-being. Understanding the maqasid provides Muslims with an essential lens through which to view the shari'a, moving beyond a list of do's and don'ts towards grasping its underlying wisdom and benevolence.

While scholarly debate and varying interpretations add richness to the application of the maqasid, core principles remain steadfast. These principles emphasize justice, protection of the vulnerable, and nurturing individual and societal well-being. The concept of the maqasid also holds profound potential for guiding responses to new challenges within an Islamic framework, provided there is sound scholarly engagement and adherence to traditional methodologies.

The maqasid al-shari'a represent more than an intellectual exercise; they invite reflection on how to live a life aligned with divine guidance. For Muslims comprehending these objectives can deepen their sense of purpose, their actions, and their commitment to serving Allah (swt) and upholding Islamic values.


User Settings


What we provide!

Vote Content

Great answers start with great insights. Content becomes intriguing when it is voted up or down - ensuring the best answers are always at the top.

Multiple Perspectives

Questions are answered by people with a deep interest in the subject. People from around the world review questions, post answers and add comments.

An authoritative community

Be part of and influence the most important global discussion that is defining our generation and generations to come

Join Now !

Update chat message

Message

Delete chat message

Are you sure you want to delete this message?

...