The document explores the concept of maqasid al-shari'ah, which refers to the objectives and benefits underlying Islamic law aimed at promoting welfare, justice, and the protection of essential values such as faith, life, and property. It discusses the classifications of these objectives into daruriyyah (necessities), hajiyyah (requirements), and tahsiniyyah (embellishments), and emphasizes their interrelationship in maintaining societal welfare. The text highlights influential scholars and underscores the importance of understanding maqasid for engaging in ijtihad and addressing contemporary challenges within Muslim communities.

1. MAQASID AS-SHARIAH (OBJECTIVE OF
ISLAMIC LAW)
Dr Fauziah Mohd Noor
Senior Lecturer, School of Law,
COLGIS, UUM
(Phd in Islamic Law (Birmingham), Master of Laws (London)
Bachelor of Shariah (Hons.), (Akademi Islam University Malaya)

2. Definition of Maqasid Al-Shari'ah
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.)

3. Continue…
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.

4. Studies on Maqasid as-Shariah
Many jurists have tried to explain the aims and objectives of
Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq alShatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the
Hanbalite Ibn Qayyim al-Jawiziyyah.

5. Shaikh Muhammad AL-Tahir ibn Ashur is the most
renowned Zaytuna Imam and one of the great Islamic
scholars of the 20th century. The publication of this
translation of Shaikh Ibn Ashur's Treatise on Maqasid ALShari'ah is a breakthrough in studies on Islamic law in the
English language.

6. In this book, Ibn Ashur proposed Maqasid as a methodology for
the renewal of the theory of Islamic law, which has not
undergone any serious development since the era of the great
imams. Ibn Ashur - quite courageously - also addressed the
sensitive topic of the intents/Maqasid of Prophet Muhammad
(SAAS) behind his actions and decisions.

7. Ibn Ashur developed the theory of the 'protection of true
belief' into 'freedom of beliefs', etc. Also introduced the
concepts of 'orderliness', 'natural disposition', 'freedom',
'rights', 'civility', and 'equality' as Maqasid in their own right,
and upon which the whole Islamic law is based.

8. Continue…
This development opens great opportunities for Islamic law
to address current and real challenges for Muslim societies
and Muslim minorities.

9. Classification of Maqasid as-Shariah
Provisions of Shari'ah aim at protecting its objectives.
Objectives or Maqasid al-Shari'ah can be classified as:
Daruriyyah
Hajiyyah
Tahsiniyyah

10. 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.

11. Continue…
Daruriyyah relates to five things:
Protection of Faith (Din)
Protection of Life (Nafs)
Protection of Posterity (Nasl)
Protection of Property (Mal)
Protection of Reason ('Aql)

12. Continue…
According to Shatibi, these five protections are daruriyyah
for the establishment of welfare in this world as well as in the
world hereafter.
The protection of the above mentioned elements can be
made possible through two types of essential elements.

13. Continue….
Solah, zakah, fasting and hajj are the elements that are
required for the maintenance of the very existence of faith
(din). All such provisions of Shari'ah are said to have the aims
that can be labelled as daruriyyah.
Building mosque, Baitul Mal etc…

14. Continue…
benefit from drinkables, clothing, housing, etcetera, is meant
to maintain life and hence fulfill the objective of necessities.
Such matters and dealings that are required to maintain and
protect the 5 essential values promote necessities (schools,
hospitals,etc)

15. Continue…
legal provisions (jinayat), which are required to stop
destruction of the above mentioned elements will also be
said to aim at daruriyyah from the point of view of the
objectives of Shari'ah.
E.g- hudud laws/qisas, prison, asylum

16. Hajiyyat (Requirement)
All such provisions of Shari'ah which aim at facilitating life,
removing hardship, etcetera, are said to fulfill the hajiyyah
(requirements).
For example, permission of hunting and use of halal goods
for food, lodging, and conveyance,

17. Continue…
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.

18. 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.
Eg., permission to use beautiful, comfortable things; to eat
delicious food; to have cold drinks and so on

19. Relationship between these three
(d, h, t)
Shatibi has identified the relationship between daruriyyah,
hajiyyah and tahsiniyyah in the following manner:
Daruriyyah is fundamental to hajiyyah and
tahsiniyyah.Deficiency in daruriyyah brings deficiency to
hajiyyah and tahsiniyyah in an immutable manner.

20. Continue…
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.

21. Continue….
Example:
- Government hospitals and private hospital
- Government schools and private schools

22. Summary for the relationship
Daruriyyah is the basic whilst the other two are in the nature
of the complements of daruriyyah.
Demand for daruriyyah creates the demand for the other
two, that is, hajiyyah and tahsiniyyah.
Demand for hajiyyah and tahsiniyyah does not create demand
for daruriyyah.

23. Continue…
Demand for hajiyyah can be set aside for the demand for
daruriyyah.
Similarly the demand for tahsiniyyah can be set aside for the
demand for hajiyyah.
Hajiyyah and tahsiniyyah are pursued for the sake of
daruriyyah, that is, to complement them and not for their
own sake.

24. Approach to Promote/Maintain
Maqasid as-Shariah
Positive approach
Negative approach
In conformity with the concept of al-amr bi al-maa’ruf, wa
nahy an al-munkar
Mubashira wa naziira

25. Discussion by Prof H.Kamali
One of very important objective is:
Rahmah (Mercy or Compassion), that seek to eliminate prejudice,
alleviate hardship and establish justice.
The laws of the Qur’an and Sunnah also seek to promote cooperation and support within the family and the society at
large.’Adl or Qist (Justice), is indeed a manifestation of God’s
Mercy, but may also be seen as a principal objective of the Shari’ah

26. Continue….
The objective of Rahmah, is most clearly manifested in the
realisation of Maslahah (Benefit) in everyday communal life.
The ulema have, thus, generally considered Rahmah to be the allpervasive objective of the Shari’ah, and have, to all intents
/purposes,
used it synonymously with Maslahah.

27. Adl (Justice)
’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy,
but may also be seen as a principal objective of the Shari’ah in
its own right.
the Qur’an states: “We sent Our Messengers and revealed
through them the Book and the Balance so that Justice may be
established amongst mankind” (57:25).

28. Continue….
Justice as a value or primary objective of the Shari’ah is
mentioned in the Qur’an fifty-three times in all. ’Adl —
literally meaning to place things in their right and proper place
a fundamental objective of the Shari’ah, is to seek to
establish an equilibrium between rights and obligations, so as to
eliminate all excesses and disparities, in all spheres of life

29. Tahdhib al-Fard (Educating the Individual)
Tahdhib al-Fard (Educating the Individual) is also a very
important objective of the Shari’ah. It fact, in order of priority,
it may even ought to be placed before Maslahah and ’Adl.
For the latter are both, essentially, community-oriented values
that acquire much of their meaning in the context of
social relations,

30. Continue…
whereas the former seeks to make each individual a
trustworthy agent just so as to strive to realise these
values which benefit himself and the community.
Indeed, the overall purpose of a great number of the
stipulations of the Shari’ah, especially in the spheres of
’Ibadah (ritual worship) and Akhlaq (moral teachings), is to
train the individual to acquire the virtues of Taqwa (Godconsciousness),

31. Continue...
the majority approach to the identification of the maqasid
takes into consideration not only the text but also the
underlying ’illah or rationale of the text.
The chief exponent of Al-Maqasid, Abu Ishaq Ibrahim alShatibi (d. 790H),
spoke affirmatively of the need to respect and observe
the explicit injunctions, but added, that adherence to the
obvious text
must not be so rigid

32. PURPOSES OF MEDICINE - maqasid al shari’at
The first purpose is protection of diin, hifdh al diin. It
involves both physical health and mental health.
Protection of al-diin essentially involves ‘ibadat in the
wide sense that every human endeavor is a form of
‘ibadat.
Thus medical treatment makes a direct contribution to
‘ibadat by protecting and promoting good health

33. Continue…
so that the worshipper will have the physical and mental
energy to undertake all the responsibilities of ‘ibadat.
The principal forms of physical ‘ibadat are prayer, salat;
fasting, siyaam; and pilgrimage, hajj. A sick or a weak body
can perform them properly.

34. Continue…
The second purpose is protection of life, hifdh al nafs,
the primary purpose of medicine. Medicine cannot
prevent or postpone death since such matters are in the
hands of Allah alone.
It however tries to maintain as high a quality of life until
the appointed time of death arrives.

35. Continue…
Medicine contributes to the preservation and continuation of
life by making sure that physiological functions are well
maintained. It also relieves pathophysiological stress by
preventive, curative, and rehabilitative measures.

36. Continue…
The third purpose is protection of progeny, hifdh al
nasl.
Medicine contributes to the fulfillment of this function
by making sure that children are cared for well so that
they grow into healthy adults who can bear children.
Treatment of male and female infertility ensures
successful reproduction. The care for pregnant women,
perinatal medicine, and pediatric medicine all ensure
that children are born and grow healthy.

37. Continue…
hifdh al ‘aql. Medical treatment plays a very important role
in protection of the mind.
Treatment of physical illnesses removes stress that affects the
mental state.

38. Continue….
Treatment of neuroses and psychoses restores intellectual
and emotional functions. Medical treatment of alcohol and
drug abuse prevents deterioration of the intellect.
Issue of metadone, daun ketum etc

39. Continue…
hifdh al maal. The wealth of any community depends on
the productive activities of its healthy citizens.
Medicine contributes to wealth generation by prevention of
disease, promotion of health, and treatment of any diseases
and their sequel.
Communities with general poor health are less productive
than healthy vibrant communities. The principles of
protection of life and protection of wealth may conflict in
cases of terminal illness. Care for the terminally ill consumes
a lot of resources that could have been used to treat other
persons with treatable conditions. Resolution of such
contrasts requires resort to the principles of the Law, qawa’id
al shari’at, that are described below.

40. Continue…
The principles of protection of life and protection of
wealth may conflict in cases of terminal illness.
Care for the terminally ill consumes a lot of resources
that could have been used to treat other persons with
treatable conditions.
Resolution of such contrasts requires resort to a specific
principles of the Law, qawa’id al shari’at.

41. Maqasid and ijtihad
Ibn ’Ashur, the author of another landmark work on Al-
Maqasid, also stressed that knowledge of the science of Al-Maqasid
was indispensable to ijtihad in all its manifestations.
 Some ulema, who confined the scope of their ijtihad only to literal
interpretations, found it possible,

42. Continue..
ibn ‘Ashur observed, to project their personal opinions into
the words of the text, but fell into error as they were out of
touch with the general spirit and purpose of the surrounding
evidence

43. Continue…
An important feature of the ‘Maqasidi’ (objectives-based)
approach in relation to ijtihad and the formulation of specific
rules is the attention that the mujtahid must pay to the
consequences of his rulings. Indeed, an ijtihad or fatwa would
be deficient if
it failed to contemplate its own ma’alat (consequences).

44. Conclusion
the maqasid have become the focus of attention as it tends to
provide ready and convenient access to the Shari’ah.
it is naturally meaningful to understand the broad outline of the
objectives of the Shari’ah in the first place before one tries to
move on to specifics.

45. Continue…
An adequate knowledge of the maqasid
thus equips the student of Shari’ah with insight and provides him
with a theoretical framework in which the attempt to
acquire detailed knowledge of its various doctrines can be
more meaningful and interesting.