The Meaning of Maqasid Al Shari’ah Objectives of Maqasid Al Shari’ah The Meaning of Fiqh Benefits of Usul-uh-Fiqh Conclusion

1. 10/12/17 1
Understanding Maqasid al-
Sharia’h and Usul-uh- Fiqh in the
contemporary Society
Presentation by: Shamsuddin Bolatito (PhD in View).
Presentation at: IIIT Summer Camp in Cape Town, South Africa
Date: Oct, 2017

2. 10/12/17
1. The Meaning of Maqasid Al
Shari’ah
2. Objectives of Maqasid Al
Shari’ah
3. The Meaning of Fiqh
4. Benefits of Usul-uh-Fiqh
5. Conclusion
Contents

3. WHAT IS MAQASID AL-SHARI’AH?
The Maqasid (plural of maqsad) refers to
the aims, higher intents, objectives,
purposes, and goals, principles of Shari’ah.
These have been classified into 2 broad
categories.
1. Promotion of the common good and
benefit (maslaha)
2. Avoidance and protection from harm
(mafsada) – dar’ al-mafasid
10/12/17 3

4. According to Imam al-Qarafi,
“A purpose (maqasid) is not valid unless it
leads to the fulfilment of some good
(maslaha) or avoidance of some mischief
(mafsadah)”.
In other words, the maqasid of Shari’ah are
the fulfillment of maslaha and the
avoidance of mafsada.
10/12/17 4

5. Objectives of Maqasid Al-Sharia’h
The objectives (maqasid) are classified in
different ways by various scholars for
various purposes.
 The traditional classification has been to
divide the maqasid according to 3 “levels of
necessity”:
1. absolute necessities (daruriyyat),
2. needs (hajiyyat) and
3. luxuries (tahsiniyyat)
10/12/17 5

6. 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.
10/12/17 6

7. 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)
10/12/17 7

8. 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,
10/12/17 8

9. 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
10/12/17 9

10. 10/12/17 10
The Meaning of Fiqh
The term Usul al-Fiqh is composed of two
terms:
a.Usul (pl. of asl)
Root (something from which another thing
originates)
b. Fiqh
Fiqh is :The knowledge of the sharia legal
rules, pertaining to conduct,/practical revealed
rulings, that have been derived/extracted from
their specific evidences/detailed evidences.

11. Usul al-Fiqh defined
Accordingly the study of usul al-fiqh is a
study of the principles, the evidences, i.e.
a study of the rule, the sources of the rule,
and the method of extracting the rule from
these sources.
10/12/17 11

12. Abu Hanifah defined Fiqh as: A person’s
knowledge of his rights and duties.
Al-Shawkani: () It is the knowledge of
principles by means of which one has an
access to the derivation of the commands
of the shariah relating to the conduct of
man on the basis of its detailed evidences.
primarily Usul al Fiqh deals with the
sources or roots of Islamic law.
10/12/17 12

13. As Usul al-Fiqh deals with the primary
sources of Islamic law, the Quran and the
Sunnah, Thus, Usul discusses the
characteristics of the Quran and Sunnah,
and what are the methods of deduction of
law from the Quran and the Sunnah.
10/12/17 13

14. Benefit of Study of Usul alFiqh
The benefits of the study of Usul al Fiqh
are many. From a study of Usul, we come
to know the methods of interpretations of
the Quran and Sunnah, all the secondary
sources of Islamic law, the views on Usul
of major scholars of the past and present,
the rules of Qiyas and other methods of
Ijtihad, the history of development of
Islamic law and legal theory.
10/12/17 14

15. Conclusion
A Muslims, we should remain curious to
understand others better, humble in self-
estimation, sincere and prayerful in the
search for guidance and truth to please
Allah, and committed to putting truth into
action.
10/12/17 15

16. Do not allow differences of opinion to
threaten the greater maqasid brotherhood
and unity. These are clear obligations
(Fard /Wajib) and based on the Qur’an
and Sunnah. Difference of opinion is not
equivalent to disunity; and unity does not
mean uniformity.
10/12/17 16