(Part 53)
The Tenth Topic:
Means of Resolving Disputes in the Present Age
Second Speech: The Role of Maqāṣid al-Sharīʿa
The Role of Maqāṣid al-Sharīʿa in Religious Legislation
Islamic Sharīʿa encompasses the benefits of all humanity in both this world and the Hereafter. Those interests are referred to as the Maqāṣid al-Sharīʿa (objectives of Islamic law). The maqāṣid serve as a tool for understanding and deriving legal rulings for both explicitly stated (manṣūṣ) and unstated issues. A jurist who uses this approach can derive rulings more effectively and in a manner relevant to contemporary contexts. In cases of apparent contradiction or where no specific text exists, the maqāṣid offer essential guidance, since the rulings of Islamic law are based on noble objectives connected with the needs of society.
The maqāṣid al-sharīʿa are defined as the causes, wisdoms, goals, and ultimate purposes that the Divine Legislator (Sharʿ) has considered in legislating rulings, either generally or specifically, to ensure the welfare of the people. (al-Khādimī, 1421 AH, p. 16). Great scholars have referred to this knowledge as the science of the inner secrets of the religion (al-Dahlawī, 1413 AH, 1/12). From scholarly statements, it becomes obvious that the science of maqāṣid al-sharīʿa serves as a guiding light for Islamic jurists in deriving legal rulings. Understanding the reasons and purposes of Islamic rulings strengthens the intellectual and analytical skills of the jurist, enabling them to derive legal judgments, whether obligatory, recommended, permissible, disliked, or forbidden, based on the wisdoms and general or specific objectives of the Sharīʿa. In new and emerging issues that were not addressed in classical jurisprudence, scholars must use the science of maqāṣid in their legal verdicts so as to move from weakness to strength and from extremism to moderation. By practicing this science, a mufti can prioritize between benefits and harms and maintain proper balance.
In interpreting religious texts, there are different methodologies, one of which is the maqāṣid-based approach. This method holds that the Divine Legislator has set forth specific general and particular objectives in establishing legal rulings. Scholars have classified the maqāṣid in several ways, including the categorization into essentials (Zarūriyyāt), needs (ḥājiyyāt), and enhancements (taḥsīniyyāt), as well as into kamāliyāt (perfections) and taʿabbudiyyāt (devotional acts). The ḍarūriyyāt are further divided into five objectives: preservation of religion, life, lineage, intellect, and wealth. The Islamic Sharīʿa is structured around those objectives, and its rulings revolve accordingly.
There is no doubt that one of the key factors for the deviloment of nations and their progress is solidarity and cohesion. Unity causes fear among enemies and deters them from attacking. The Glorious Qur’an warns Muslims against division and disunity and instead calls for unity and solidarity:
” The Holy Quran Says: He is able to send upon you a punishment from above you or from beneath your feet, or to divide you into sects and make you taste the violence of one another.” [Al-Anʿām: 65]
Today, all the enemies of Islam have united in their mission to destroy it, using every resource available for them including modern science, technology, economics, politics, and unity, to drive Muslims out of the international arena. In such conditions, Muslims need cooperation, mutual support, and unity more than ever before at all levels.
Imitation in The Present Age
