Understanding Maqasid al-Shariah: Objectives, History, and Contemporary Relevance?

Understanding Maqasid al-Shariah: Objectives, History, and Contemporary Relevance Maqasid Shariah is a topic that has been discussed more recently in the English language. Unfortunately, this topic is usually restricted to five maqasid and three levels within it, which makes the topic less dynamic. In this article, I will approach this topic in a more dynamic way. I do this by discussing basic definitions, such as the difference between Shariah and Fiqh. I discuss both the benefits of Maqasid Shariah and the thoughts of its critics, so we get a more well-balanced view of the topic. I also summarise the five maqasid and their historical development before discussing recent developments in the modern era. This article will be easier to grasp if you have basic knowledge of Usul al-Fiqh. Definitions Maqasid Shariah means “objectives of the Shariah.” In this field of knowledge, the objectives and reasons of the Shariah are studied in depth. One of the fields that overlaps with Maqasid Shariah is Fiqh, which is why people often confuse them. Shariah is the raw revelation from Allah — the texts of the Quran and Sunnah without interpretation. Fiqh is derived from the Shariah through interpretation; it is the field in which scholars interpret the Shariah through their knowledge and tools to apply its rules correctly. In modern terms, it can be understood as Shariah representing the divine aspect of the law, while Fiqh represents the cognitive results of scholarly effort. Benefits One of the biggest benefits of Maqasid Shariah is that it allows one to see the Shariah as a coherent system with higher objectives. If you study the rulings of the Quran and Hadith directly without studying Maqasid Shariah, you might think that these are incoherent texts that do not serve a higher purpose. Summary In general, there are five maqasid — objectives of the Shariah — upon which scholars agree. These five maqasid are the protection of religion, life, lineage, intellect, and property. In Arabic, they are called Deen, Nafs, Nasab, ‘Aql, and Mal. Many scholars add a sixth one, called honour (‘Ird). In modern times, some scholars have added more maqasid, which will be discussed in the section on modern developments. An example of how this works is as follows: drinking alcohol is prohibited in Islam. In Maqasid Shariah, this prohibition falls under protecting the intellect. The reverse can be said about seeking knowledge: it enhances the intellect. For the scope of this article, I will limit the example to this. The maqasid are generally divided into three levels agreed upon by the scholars: necessities, needs, and luxuries — in Arabic, darurah, hajjah, and tahsiniyyah. History The mechanisms of Maqasid Shariah were always present, even during the time of the Companions. An example of this is Umar ibn al-Khattab, who stopped giving zakat to mu’allaf al-qulub (those whose hearts were to be reconciled). This category is one of the eight categories eligible to receive zakat. The reason Umar stopped giving zakat to this group was that Islam had become strong at that time, so there was no longer a need to allocate zakat for that purpose. Maqasid as we know it today began to evolve more fully from the 4th century AH. Early writings on the topic were restricted to particular issues. Examples include Hakim al-Tirmidhi, who wrote a book on the objectives of prayer, and al-Balkhi, who wrote a book on general religious rulings. In the 6th and 7th centuries AH, Maqasid developed further into the subject we recognise today. Scholars who contributed to this science include al-Ghazali, al-Izz ibn Abd al-Salam, and al-Qarafi. In the 8th century, al-Shatibi (not to be confused with the scholar of qira’at with the same name) wrote Al-Muwafaqat, which has remained the standard work on Maqasid Shariah until our time. During this period, the discipline of Maqasid Shariah became more crystallised. Modern Developments In recent times, there have been many developments in Maqasid Shariah. One example is that scholars and thinkers have expanded the five maqasid. Examples include Ibn Ashur, who added freedom as a maqsad; Rashid Rida, who added reform; and al-Qaradawi, who added human dignity. These additions were also responses to developments such as colonialism and other modern challenges. One of the reasons for these developments is that previously, maqasid were primarily derived from fiqh literature rather than directly from the scriptural texts. In more recent times, scholars have begun to derive maqasid directly from the Quran and Sunnah. Criticism of Misuse There are contemporary scholars who warn against the misuse of Maqasid Shariah. One of them is Taqi Usmani. He argues that nowadays, some people place maslahah (benefit) before clear textual rulings. I agree that this is a problem. However, such problems occur when people are not well-grounded in Maqasid Shariah and other Islamic sciences. The solution is therefore to ensure proper training in these sciences so that they can be applied correctly. On the other hand, if you were to discard Maqasid Shariah entirely, you might apply rulings that are not aligned with reality. An example of this is the payment of zakat. It is generally agreed among scholars that zakat should be paid locally. However, in our time there is a global imbalance in wealth. If this rule were applied rigidly today, we would see situations in which people pay zakat in wealthy countries while others are dying of hunger elsewhere. Criticism of Maqasid In our times, there have been thinkers who are strongly opposed to the concept of Maqasid al-Shariah. One of them is the Tunisian philosopher Abu Ya’rub al-Marzouqi. He argues that the knowledge of maqasid is speculative in nature, that it opens the door to subjective and immoral interpretations, and that it represents a theoretical framework which distances Islamic law from practical application, especially for laymen. Although this criticism is sharp, it is not entirely accurate. Maqasid Shariah is an established subject within Usul al-Fiqh, which operates under strict methodological principles — such as the rule that explicit texts cannot be overridden by speculative reasoning. The framework of Maqasid functions within these boundaries, ensuring that its application remains disciplined and textually grounded. Moreover, it is primarily studied and applied by students and scholars of Islamic law, meaning that laymen are not directly affected by its theoretical complexity or internal scholarly debates. Comparison with Another System I have compared Maqasid al-Shariah with another value system: utilitarianism. This comparison makes it easier to understand how Maqasid differs from modern frameworks of reasoning. In utilitarianism, the pros and cons of pleasure and pain are weighed against each other. One of the most famous examples of this is the Ford Pinto case. This was a case in the 1970s where Ford weighed profits against potential human costs. Ford faced a dilemma: if they made the car safer, it would cost more to produce and reduce profits. If they did not, the profit would be higher, but passengers’ lives would be at greater risk. Ford chose the latter, placing economic benefit above human life. In contrast, within the logic of Maqasid al-Shariah, human life has intrinsic value that cannot be traded off against material benefit. The framework establishes a hierarchy of objectives where the protection of life and dignity stands above economic interests. This shows that Maqasid reasoning does not simply calculate outcomes, but interprets them through ethical priorities grounded in a clear moral order. Conclusion In conclusion, Maqasid al-Shariah remains one of the most dynamic and essential disciplines within Islamic legal thought. It offers a structured way to understand divine law beyond isolated rulings, connecting individual regulations to the higher purposes intended by revelation. While contemporary discussions sometimes risk overextending its scope or detaching it from textual foundations, the principles of Usul al-Fiqh ensure that Maqasid remains rooted in revelation and guided by a clear methodology. Rather than viewing Maqasid as a modern innovation or speculative theory, it should be seen as a continuation of a rich intellectual tradition that balances reason and revelation. Its study enables scholars to respond to new contexts without compromising the integrity of Islamic law.References Annie Lundie: Utilitarianism and Business: Ford Pinto case Jasser Audah: Maqasid Al-shariah as Philosophy of Islamic Law: A Systems Approach Abdessamad Belhaj: Abū Yaʿrub al-Marzūqī and His Critique of the maqāṣid Theory Muhammad Sa’d Ibn Ahmad: Maqasid al-Shariah al-Islamiyyah wa 'alaqatuha bi adillat al-shariah Muhammad Taqi Usmani: Usool al-Ifta wa Adabuhu