THE OBJECTIVES, ROLE, AND INSTRUMENTS

OF THE GOVERNMENT FOR REALIZING

THE MAQASID AL-SHARI‘AH
NOTES FOR A
DISTANCE LEARNING LECTURE

BY
M. UMER CHAPRA
ƒ TWO PARTS OF THE TITLE
• THE MAQASID (OBJECTIVES OF) AL-
SHARI‘AH
• ROLE AND INSTRUMENTS OF THE
GOVERNMENT TO REALIZE THESE
ƒ MAQASID (OBJECTIVES OF) AL-SHARI‘AH
• FALAH (WELL-BEING) AND ADALAH (JUSTICE)

o IMPLICATIONS OF THESE:
‰ SINCE ALL HUMAN BEINGS ARE THE KHALIFAHS OF
GOD, JUSTICE DEMANDS THAT THEY MUST ALL ENJOY:

¾ DIGNITY AND SELF-RESPECT

¾ BROTHERHOOD
¾ SOCIAL EQUALITY, AND
¾ MORAL AND MATERIAL DEVELOPMENT

• SINCE ALL RESOURCES ARE A TRUST FROM

GOD AND SINCE SUSTAINED DEVELOPMENT IS
NOT POSSIBLE WITHOUT JUSTICE AND
EFFICIENCY, IT IS IMPERATIVE THAT
RESOURCES BE UTILIZED EQUITABLY AND
EFFICIENTLY FOR THE WELL-BEING OF ALL :
ƒ FALAH AND WELL-BEING 0F ALL – HOW?
z WELL-BEING DEMANDS MATERIAL AS WELL AS
SPIRITUAL PROGRESS
‰ DEVELOPMENT MUST BE ALL-ROUND AND WITHIN
THE FRAMEWORK OF MORAL VALUES
‰ NEED FULFILLMENT OF ALL
¾ EDUCATION: BOTH TECHNICAL AND SPIRITUAL
¾ PHYSIOLOGICAL NEEDS
¾ SECURITY OF LIFE AND PROPERTY
¾ EMPLOYMENT AND SELF-EMPLOYMENT
OPPORTUNITIES
z THIS IS NOT POSSIBLE UNLESS ALL SECTORS OF
SOCIETY (INDIVIDUALS, FAMILIES, SOCIETY,
ECONOMY, AND GOVERNMENT) WORK
HARMONIOUSLY: THIS NECESSITATES MORAL
REFORM
ƒ THE ROLE OF THE GOVERNMENT IN THE
REALIZATION OF THE MAQASID
z THE PROPHET (PBUH) SAID:

“ANY RULER WHO IS RESPONSIBLE FOR THE

AFFAIRS OF MUSLIMS BUT DOES NOT SINCERELY
STRIVE FOR THEIR WELL-BEING WILL NOT
ENTER PARADISE WITH THEM”

“GOD RESTRAINS THROUGH THE RULER MORE

THAN WHAT HE RESTRAINS THROUGH THE
QUR’AN”

z ‘UMAR,
WROTE TO ABU MUSA AL-ASH‘ARI:
“THE BEST OF MEN IN AUTHORITY IS HE
UNDER WHOM PEOPLE PROSPER, AND THE
WORST OF THEM IS HE UNDER WHOM THEY
ENCOUNTER HARDSHIP”
z ALL CLASSICAL SCHOLARS EMPHASIZED
THIS AND SO DO MODERN SCHOLARS
z IMPLICATIONS OF THESE STATEMENTS
FOR THE ROE OF THE GOVERNMENT
z SINCE THE WELL-BEING OF ALL IS CRUCIAL,
THERE IS NO ROOM FOR A LAISSEZ-FAIRE
STATE:
z SINCE DIGNITY AND FREEDOM ARE ALSO
CRUCIAL FOR HUMAN WELL-BEING, THERE
IS NO ROOM FOR A TOTALITARIAN STATE
z THE STATE MUST OPERATE WITHIN A
DEMOCRATIC FRAMEWORK: IT MUST
SAFEGUARD SOCIAL INTEREST AND CURB
UNHINDERED PURSUIT OF SELF-INTEREST
z IT SHOULD NOT OWN ALL MEANS OF
PRODUCTION, BUT MAY OWN SOME, IF
THIS IS IMPERATIVE FOR REALIZING
SOCIAL WELL-BEING
z VIEWS OF MUSLIM SCHOLARS
z ACTUAL PRACTICE
z THE FUNCTIONS OF AN ISLAMIC STATE:
z MAINTAIN LAW AND ORDER
z PROMOTE ECONOMIC AS WELL AS MORAL
DEVELOPMENT
z ERADICATE POVERTY
z STABILIZE THE VALUE OF MONEY
z FOSTER EQUITABLE DISTRIBUTION OF
INCOME AND WEALTH
z ARRANGE SOCIAL SECURITY
z HARMONIZE INTERNATIONAL RELATIONS
z ENSURE NATIONAL DEFENCE
z INSTRUMENTS FOR REALIZING THE
MAQASID
z PLANNING: TO SET PRIORITIES
z ENABLING MORAL, SOCIAL AND ECONOMIC
REFORM
z APPROPRIATE POLITICAL AND JUDICIAL
FRAMEWORK
z INTERNATIONAL RELATIONS: : PEACEFUL
COEXISTENCE
z ORIENTATION OF FISCAL, MONETARY AND
COMMERCIAL POLICIES TOWARDS
REALIZATION OF THE MAQASID
z PUBLIC FINANCE
• PRINCIPLES OF EXPENDITURE
• FIVE BROAD PRINCIPLES IN THE LIGHT OF THE RULES
LAID DOWN BY ISLAMIC JURISPRUDENCE (‫) اﻟﻘﻮاﻋﺪ اﻟﻔﻘﻬﻴﺔ‬
• THE PRINCIPAL CRITERION FOR ALL EXPENDITURE
ALLOCATIONS MUST BE THE WELL-BEING OF THE
PEOPLE (ARTICLE 58).
• THE REMOVAL OF HARDSHIP AND INJURY MUST TAKE
PRECEDENCE OVER THE PROVISION OF COMFORT
(ARTICLES 17, 19, 20, 30, 31 AND 32).
• THE LARGER INTEREST OF THE MAJORITY SHOULD TAKE
PRECEDENCE OVER THE NARROWER INTEREST OF A
MINORITY (ARTICLE 28).
• A PRIVATE SACRIFICE OR LOSS MAY BE INFLICTED TO
SAVE A PUBLIC SACRIFICE OR LOSS AND A GREATER
SACRIFICE OR LOSS MAY BE AVERTED BY IMPOSING A
SMALLER SACRIFICE OR LOSS (ARTICLES 26, 27 AND
28).
• WHOEVER RECEIVES THE BENEFIT MUST BEAR THE
COST (ARTICLES 87 AND 88).
ƒ TAXATION – JUST TAXATION
ƒ RESTRAINED BORROWING
• RULE OF CONVENTIONAL WISDOM:
BORROWING FOR FINANCING CAPITAL
OUTLAYS AND NOT FOR CURRENT
EXPENDITURE
ƒ ZAKAH AND AWQAF