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INTRODUCTION
This essay is presented in five sections beginning with a general
characterisation
of themaqasid
al-Shari'ah
in theQur'an.
TEXTUALORIGINS
Maqasid
al-Shari'ah,or
the goals
and objectives
law,
is an
so as to protect
these
of Islamic
International
194
mohammad
hashim KAMAu/Maqasid
al-SharVah:
The Objectives
of Islamic
Law
have
generally
considered
to be
the all-prevasive
value
and
with rahmah.
Qur'anic
language
is
common
to
its
laws
on
civil
transactions
195
validates
the wealthy"
only among
benefit
in the affirmative
sense,
as
just
one
finds
numerous
and prejudice.
and mu'dmaldt,
the
maqdsid
interchange
ably.
CLASSIFICATIONOF BENEFITS
The
into
property. These
of normal
these
order
values
advancement.
and
seeks
for
SharVah
promote
punitive measures
Theft, adultery and wine-drinking
takes affirmative
these values.
and also
to protect and
are punishable
to ensure
the
196
hashim kamali^Maqasid
mohammad
al-SharTah:
transactions
The Objectives
in themarket-place.
of Islamic
The
Law
family
overridingobjectives of theSharVah.
The
second
complementary
as hajiyyat,
or
the interests, known
are
an
as
not
interests,
independent category
they also
class
of
'ibadat
the SharVah
to protect
These punishments are in turn designed
interests through judicial action. In the sphere of mu'dmaldt,
SharVah
validated
are enforced.
certain contracts,
the
the
and also
thatof lease and hire (ijarah) because of thepeople's need for them
notwithstanding
a certain anomaly
necessity
by way,
which
is aimed,
in the final
197
because
the SharVah
ismore
of evil, as can
are in thenature
The thirdclass ofmasdlih, known as tahslniyydt,
and perfectionin the
of desirabilitiesas theyseek to attain refinement
customsand conductof .peopleat all levelsof achievement.The SharVah
thusencouragescleanlinessof body and attireforpurposes of prayerand
recommends,
for instance,
the wearing
of perfume when
attending
the
the SharVah
encourages
is pervasive
and
relates
One
can perform
the
them is
desirable, and the second can at best be discharged as a duty. One can
extend this analysis to almost every area of human conduct and the
obvious,
of masdlih
to
to customary,
social, political,
economic
198
mohammad
hashim kamAulMaqasid
al-Shari'ah:
The Objectives
of Islamic
Law
HISTORY INBRIEF
As a themeof theSharVah in itsown right,themaqdsid did not receive
much attentionin the early stages of thedevelopmentof Islamic legal
thoughtand, as such, theyrepresentrathera lateraddition to thejuristic
legacyof themadhdhib. Even to thisdaymany a reputabletextbookon
Usul al-Fiqh does not mention maqdsid al-SharVah in their usual
coverage of familiartopics.This is partlydue perhaps to thenatureof
the subject,which is largelyconcernedwith thephilosophyof the law,
of itstext.
itsoutlook and objective, ratherthanthespecificformulations
as
a
are
the
theme
distinctive
of
Shari'ah
the
Although
maqdsid
obviously relevantto ijtihdd,theyhave not been treatedas such in the
conventionalexpositionsof the theoryof ijtihdd.
Islamic legal thought is, broadly speaking, preoccupied with
concerns over conformityto the letterof thedivine text,and the legal
theoryof Usul al-Fiqh has advanced thatpurpose to a largeextent.This
literalist orientation of the juristic thoughtwas generally more
?
?
pronounced in theapproachof thetendency thetraditionist theAhl
al-Hadlth
than that of
the Rationalists
the Ahl
al-Ra'y.
The
thatwere addressed
to the competent
individual mukallaf
interest inmaqdsid
al-SharVah
and itwas
were made
maqdsid
SharVah
to the clear
199
was
can
for
Shifd' al-Ghalil
and al-Mustasfd.
GhazalT was
generally
critical
to be protected as a matter of
200
Mohammad
hashim KMAMjIMdQdsid
al-SharVah:
The Objectives
of
Islamic
Law
consequently
identified as an essential
value.
The
latest
Ahkdm, was
the
concerned,
sincerity,
trustworthiness,
and moral
commentators,
including Ahmad
al-Raysuni,
Yusuf
al
201
IDENTIFICATIONOF MAQASID
As already indicatedthe 'ulama' have differedin theirapproach to the
identificationof themaqasid. The first approach to be noted is the
of themaqasid to
textualistapproach,which confines the identification
theclear text,commandsand prohibitions,which are thecarriersof the
maqasid. The maqasid, according to this view, have no separate
existence outside this framework.Provided thata command is explicit
and normative it conveys theobjectivemaqsud of theLawgiver in the
affirmativesense. Prohibitions are indicativeof themaqasid in the
negative sense in that the purpose of a prohibitive injunction is to
suppress and avert the evil thatthe text in question has contemplated.
This is generally accepted, but thereare certain tendencieswithin this
While theZahirls tendto confinethemaqasid to the
general framework.
obvious text,themajority of juriststakes intoconsiderationboth the text
The chiefexponent
and theunderlying 'illah and rationaleof the text.12
of theneed to observe
of themaqasid, ShatibI, has spoken affirmatively
and respecttheexplicit injunctions,but thenhe added thatadherence to
theobvious text should not be so rigid as to alienate the rationaleand
purpose of the textfrom itswords and sentences.Rigidity of thiskind,
ShatibI added, was itselfcontrary to the objective (maqsud) of the
Lawgiver, just as would be thecase with regard to neglecting theclear
text itself.When
a command
or a prohibition,
is read
as to whether
the means
to a wdjib
or
202
mohammad
hashim KAMAU/Maqas/d
al-SharT'ah\
The Objectives
of Islamic
Law
whatever
might
be necessary
or a
of benefits also
benefits
cannot
the aid
203
Lawgiver
intended
to protect
once
again,
on
These
conclusions
are, in themeantime,
of great overall
importance;
they
in that order.
thatmay occur
in a variety
that
of specific,
concerned.
isolated
incidents
in the daily
activities
of the
among
these were
the proponents
of pernicious
innovation
(ahl
204
mohammad
hashim Km
Maqasid
al-Shan'ah:
The Objectives
of Islamic
Law
the SharVah
as a unity inwhich
on themaqasid,
Maqasid
al-Shari'ah
al-Isldmiyyah,
refer sometimes
its payment
in a particular
commodity.21
time-bound
to specific
stipulated
205
examination
it becomes
clear
that
Shari'ah.
due
to
some
unexpected
change
of
In
circumstance.
that
of conformity
to an untenable
contract.23 Without
going
lead
to unsatisfactory
results, hence
a recourse may
be had
to
(ma'dldt). We
of the Prophet
of his
cases,
206
mohammad
hashim kamali/Maqasid
The Objectives
a/Sharf'ah:
of Islamic
Law
would have done so ifI didn't fear thatthismay induceour people into
disbelief".26Inboth of thesecases, theProphet (peace be on him) did not
takewhat would be thoughtto be thenormal course, that is, to kill the
hypocrites,and to restoretheKa'bah to itsoriginal foundationsbecause
of the adverse
consequences
that were
however, where
pardoning
the offender
of each case.27
CONCLUSION
The Maqasid are undoubtedlyrooted in the textual injunctionsof the
Qur'an and theSunnah, but theylookmainly at thegeneral philosophy
and objectives of these injunctionsoftenbeyond the specialitiesof the
text. The
on the words
207
doctrines
'Cf.Wahbah
(Beirut: Mu'assasat
al-DIn
10RaysunI,Nazariyyat
uQaradawI, Madkhal,
,2Abu Ishaq Ibrahim
Shaykh 'Abd Allah Diraz
2: 393.
al-Maqdsid,
75.
44.
"Ibid., 3: 394.
'an
"Ibid., 2:6; see also Ibn Qayyim al-Jawziyyah, Vldm al-MuwaqqVln
Rabb al-'Alamin, ed., Muhammad Munlr al-Dimashqi (Cairo: Idarat al-Tiba'ah
al-Muriiriyyah, n.d.), vol. 1; Qaradawi, Madkhal, 58.
,5Shatibi,Muwdfaqdt, 1: 243; Qaradawi, Madkhal, 64-65.
l6ShatbI,Muwdfaqdt, 2: 49-51; idem, al-Vtisdm (Makkah al-Mukarramah:
al-Maktabah al-Tijariyyah, n.d.), 2: 131-35.
,7ShatibI,Muwdfaqdt, 3: 148.
nIbid., 4: 179.
,9Muhammad Tahir ibn' Ashur, Maqdsid
Matba'at
'
al-Istiqamah, 1966), 15-16.
20Ibid., 27.
2,IbnQayyim, Flam,
336.
208
Mohammad
hashim KMAAu/Maqdsicf
a/Shan'ah:
The Objectives
of Islamic
Law
al-Manaqib,
Jahiliyyah.
26Malik ibn Anas, aUMuwatta\
Ka'bah; RaysunI, Nazariyyah, 354.
27ShatibI,Muwafaqdt,
4: 97.
Bab Ma
Kitab al-Hajj,
Bab Ma
Ja' ft Bind' al