MAQASID SHARIAH
Maqasid is an Arabic word for goals or purposes. In an Islamic
context, the term can refer to the purposes of Islamic law, such
as objectives of faith, zakat (charity tax), pilgrimage, etc.
•
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.)
•
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.
•
Theoretically, the principle of Maqasid Al-Shariah is similar to
Maslow’s hierarchy theory, in which the physiological needs are
placed on the bottom while the need for self-actualization is on
top.
•
•
•
The prominent Islamic scholars Al-Shatibi and Al-Ghazali
constructed the principle of Maqasid Al-Shariah and divided
human needs into three main hierarchy levels, namely, Aldaruriyyat, Al-hajjiyyat, and Al-tahsiniyyat.
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.
Hajiyyat (Requirement)
All such provisions of Shari'ah which aim at facilitating life,
removing hardship, etcetera, are said to fulfill the hajiyyah
(requirements).
1
For example, permission of hunting and use of halal goods for
food, lodging, and conveyance. 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. Example, permission to use beautiful,
comfortable things; to eat delicious food; to have cold drinks
and so on.
2
Relationship between these three
•
•
•
•
•
Daruriyyah is fundamental to hajiyyah and tahsiniyyah.
Deficiency in daruriyyah brings deficiency to hajiyyah and
tahsiniyyah in an immutable manner.
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.
Demand for daruriyyah creates the demand for the other two,
that is, hajiyyah and tahsiniyyah, but demand for hajiyyah and
tahsiniyyah does not create demand for daruriyyah.
Daruriyyah relates to five things:
• Religion (Ad-Din) – Every Muslim must worship Allah (s.w.t) and
seek truth and justice. This principle must be preserved in all
circumstances.
• Life (Al-Nafs) – Respect for human life must be observed by
preserving and protecting it at all times. The human existence
must be held in high regard, and human well-being must not be
violated.
• Intellect (Al-Aql) – Right or wrong behavior/associations are
discerned through freedom of thought, assembly, and speech.
Shariah encourages questing for knowledge to ensure the
intellectual development of Muslims.
• Lineage/honor (Al-Nasb) – Duty and legal obligations must be
performed to respect the human community based on the
sacredness of life (as reflected in future generations).
• Wealth (Al-Mal) – Economic justice, especially in terms of
creating money and wealth, must be enacted as an alternative
to the previous wage system.
3