Session # 2

Definition & history

of Maqasid
What you have to understand
from this session # 2?
1. The meaning of maqasid (litt. & tech)
2. Why maqasid is important in any hukm of
syariah?
3. When syariah started in Muslim History?
(exist and tadween)
4. The development of maqasid in history
5. The most famous scholars in history of
maqasid
Maqasid Al-Shari’ah in
detail : Definition
 What is ‘Maqasid’
•Maqasid : meaning and wisdom behind
specific legislated rulings
•General Objective:
•facilitating life for a mukallaf
•actions are to be judged according to
intentions
“necessity knows no law”
 Maqasid (literally)
•Literally:
•Maqasid  qasada. Using by Arab:
• Determination
• Straightness on the path (16:9)
• Moderation, justice (31:19)
‫ﺳ ِﺑﻳ ِﻝ َﻭ ِﻣ ْﻧ َﻬﺎ َﺟﺎ ِﺋ ٌﺭ َﻭ َﻟ ْﻭ ﺷَﺎ َء َﻟ َﻬﺩَﺍ ُﻛ ْﻡ‬ ‫ﺻ ُﺩ ﺍﻟ ﱠ‬ْ ‫ﻋ َﻠﻰ ﱠ ِ َﻗ‬ َ ‫َﻭ‬
(9) ‫ﻳﻥ‬ َ ‫ﺃ َ ْﺟ َﻣ ِﻌ‬
‫ﺻ ْﻭ ِﺗ َﻙ ِﺇ ﱠﻥ ﺃ َ ْﻧﻛ ََﺭ‬
َ ‫ﺽ ِﻣ ْﻥ‬ْ ‫ﺿ‬ ُ ‫ﺷ ِﻳ َﻙ َﻭﺍ ْﻏ‬ ْ ‫َﻭ ْﺍﻗ ِﺻ ْﺩ ِﻓﻲ َﻣ‬
(19) ‫ﻳﺭ‬ ِ ‫ﺻ ْﻭﺕُ ﺍ ْﻟ َﺣ ِﻣ‬ َ ‫ﺕ َﻟ‬ِ ‫ْﺍﻷَﺻ َْﻭﺍ‬
 Literally : maqasid
•From the word “Maqsad or
maqsid” (plural: Maqasid):
•purpose
•objective
•principle
•intent
•Goal
 Technically definition

1
Meaning and wisdom the syaari’ was
concerned with – generally &
specifically – to achieve the interests
of the ‘ibaad.
 Another definitions
2: The purpose and wisdom behind
the enactment of all or most of the
Shariah ruling.
3: The end sought behind the
enactment of each of the ruling of
shariah and the secrets involved
 Other terms
• Hikmah

• Illah

• Ma’ani

• Maqasid
 Why maqasid?
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.
Most famous
book in maqasid
History of
Maqasid
 History of Maqasid
• At the time of the Prophet
Sallallahu ‘Alayhi Wasallam.
• From Al-Qur’an
• From Al-Hadis
• At the time of companions and
tabiin.
• Using by Imams of Mazhab?
History of Maqasid (2)
• Specifically using the word: early fourth century
that the term ‘maqasid’ was used : Abu ‘Abd
Allah al-Tirmizi al-Hakiim (d. 320/932) – As-Solat
wa maqasiduha.
• Recurrent references to it appeared in the works
of lmam al-Haramayn al-Juwayni (d. 478/1085)
who was probably the first to classify the maqasid
al-Shariah into the three categories of essential,
complementary and desirable (daruriyyat,
hajiyyat, tahsiniyyat) which has gained general
acceptance ever since. (Al-Burhan fi Usul al-Fiqh)
 History of Maqasid (3)
•Juwayni’s ideas were then
developed further by his student,
Abu Hamid al-Ghazali who wrote at
length on public interest
(maslahah)and ratiocination (ta’lil)in
his works: Shifa’ al-Ghalil and al-
Mustasfa.
 History (4)
•After that, many jurists have tried to explain the
aims and objectives of Shari'ah upon which it is
established.
•Among other outstanding figures are:
1. Shafies: Al-`Izz ibn `Abd As-Salām (660 A.H.) in Qawā'id al-ahkām fī
masālih al-anām.
2. Malikis: Al-Qarāfī (684 A.H) in al-Furuq - dealing with differences in
legal rulings
3. Hanbalis: Ibn Qayyim al-Jawziyyah (751 A.H/ 1350) in al-I’lam al-
Muwaqqi’in
4. Malikis: Ash-Shātibī (790 A.H.) - in al-Muwāfaqāt fī Usūl-ash-Sharī`ah
 Father of Maqasid
•Scholars accepted Abu Ishaq al-
Shatibi as the father for Maqasid.
•His full name: Ibrahim bin Mosa bin
Muhammad al-Shatibi al-Gharnati.
He is from Xativa (Shatiba).
•His famous book in this science Al-
Muwafaqat explaining all about the
maqasid.
 Modern Jurists
•Modern Jurists : Ibnu ’Asyur, Allal al-Fasi, Dr
Yusof Al-Qaradawi, Jasir Awdah, Raisuni and
others.
•Shaikh Muhammad Al-Tahir ibn Ashur:
• 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 Al-Shari'ah is a breakthrough
in studies on Islamic law in the English language.
•Syeikh Raisuni are the best who try to exlain the
Maqasid in simple explaination.
Expanding the maqasid (1)
Taqi al-Din ibn Taymiyyah (d. 728/1328):
•first scholar to depart from the notion of
confining the maqasid to a specific number
and added, to the existing list of the maqasid:
• fulfilment of contracts,
• preservation of the ties of kinship,
• honouring the rights of one’s neighbour,
• Others
• revised the scope of the maqasid from a
designated and specified list into an open-
ended list of values
 Expanding - 2
•Ibn Taymiyyah; his approach is now
generally accepted by contemporary
commentators, including:
•Ahmad al-Raysuni
•Yusuf al-Qaradawi
•Jasir Awdah
• others.
(Assignment: Book of Jasir Awdah)
 Expanding - 3
•Qaradawi has further extended the
list of the maqasid to include:
•social welfare and support (al-takaful),
•freedom,
•human dignity and
•human fraternity,
(Dirasah fi Fiqh Al-Maqasid).
 Expanding - 4
•Ibn Ashur developed:
•the theory of the 'protection of true belief'
•freedom of beliefs'
•concepts of 'orderliness'
•'natural disposition'
•'freedom'
•'rights'
•'civility' and
•'equality'
 Expanding - 5
This development opens great
opportunities for Islamic law to address
current and real challenges for Muslim
societies and Muslim minorities.
(Assignment:
Book of Jasir Awdah pdf file send by Dr K)