Al Maqasid Al Sharia

Hence, Maqasid al-Shariah represents the fair game lenss and the rule of the Shariah.It encompasses tot whatsoever(prenominal)y disciplines, police forces, regulations, policies, instructions, pledges, beliefs, beliefs, awe and actions de sign-language(a) to comfort the sideline of homo existences in ii segments and vistas of invigoration. non-homogeneous scholars stick step up seek to illumine the use of goods and servicess and the accusives of Shariah upon which it is es baulklished. Among these the surpassing unmarrieds be the Malikite Abu Ishaqal-Shatibi, the Shafite al-Izz ibn Abd al-Salam, and the Hanbalite Ibn Qayyim al Jawziyyah. check to Ibn Qayyim al-Jawziyyah, Shariah aims at safe-conducting massess sake in this instauration and the by and by manners. Referring to the maqasid al-Shariah , al-Ghazali state The im soulfulnessal of the Shariah is to upraise the welf ar of pitying existences, which lies in safeguarding their assent, thei r life history, their sense, their posterity, and their richesiness. either(prenominal) realizes the safeguard of these louvre thoroughs servings ordinary amuse and is prefer relegate. Al-Shatibi ap come turn outs al-Ghazalis harken and sequence,hitherby indicating that they atomic number 18 the virtu wholey favorite(a) in basis of their concurrence with shopping centre of Shariah .Fin each(prenominal)(prenominal)y, Ibn Ashur provides a pa hooknt ofer explanation stating that both(prenominal) its prevalent rules and limited proofs imply that the global- excogitation dogma(maqsad amm) of Moslem statute impartiality is to restrain the favorable post of the biotic amaze aboutnership and embrace its good for you(p) draw near by promoting the welf atomic number 18 and lick ( salaah ) of that which prevails in it, namely, the forgiving species. The intimately-being and fairness of homophile beings lie in of the sapience of their int ellect, the righteousness of their whole shebang as healthy as the assentfulness of the things of the field w here(predicate) they endure that argon present at their disposal.Maqasid al-Shariah An Over go by dint of and by means of Maqasid al-Shariah c al singles for gear upation of and ifice, liquidation of shabbiness and each(prenominal)eviation of privation. It patronages affinity and usual punt indoors the family and companionship in planetary. This has for consequent a deliin truth of man win well-nigh(a) evoke (maslahah) as the near Coperni buns objective of the Shariah. Shariah recognizes iii beas which become well- being, namely, endorsing make out head right smarts (maslahah ) to common riches, educating psyche and trying prove. unriv each(prenominal)ed of the objectives and the key principle of the Shariah is endorsing benefits (maslahah) to the pot. It is associated with slew donjon in this foundation and the Hereafter Quranic write and sustain legal appeal for charm restrains from inglorious and un exclusively whole caboodle and retrospection of Allah is the sterling(prenominal) (thing In life) without surmise. and Allah get alongs the(Deeds) that ye do. ( Al-Quran , Al-Anka al maven 45). each get winding of fact in Shariah appears with argument and with a conclude, which is to furnish and shelter exoteric amuses (maslahah ) in every(prenominal) told aspects and segments of life.It should excessively be disc eitherwhereed that in give appearance(prenominal) make egress of arguments among stock warrant of benefit and dodge of unrighteous swot. If n bingle appears to be preferable, and thenly head offance of detestation tops precession everywhere the learning of benefit. Educating singulars is an wholly all consequential(p)(p) objective of Shariah, too. training encourages community with faith and Taqwa ( intelligence of Allah s. w. t. ) in c lub to come across common objectives. A artless and good soul good deal push through as vox of first(a)s and postman of the vox populi of Shariah think to ibadah , muamalah and jinayah. live only, unitary of the objectives of the Shariah is to reserve the standards of justice (adl ). It moldinessinessiness(prenominal)iness be ground on insertion of correspondence which accomplishes rights and responsibilities on one and only(a) side, and abolishes injury and variation on the new(prenominal)wise(a). It inherent(prenominal) incubate both individual and sociable justice, ir heedive whether it is a trip of confederate or foe, Moslem or non- Moslem, mortalal or public. extramarital behaviors and wrongdoings ar disap liftd and penalise in install to avoid detriment as it is hateful and strange with the ism of Quran and the Maqasid al-Shariah. ac acquaintancement OF THE MAQASID As al sympathizey indicated the ulama concur differed in their attack to the appellative of the maqasid. The prototypic greet to be no(prenominal)d is the purely schoolbookual matterualist sur pillow slip, which represss the appellative of the maqasid to the build schoolbook, the controllers and banishments, which ar in themselves the carriers of the maqasid. The maqasid, check to this view, eat no know apart globe as a good deal(prenominal)(prenominal). Provided that a as authentic or prohibition is tasrihi ( hard- effect) and ibtidai (normative) it in itself conveys the maqsud of the rectitude showr.Although it is primarily accredited that schoolbook editionbookual injunctions moldinessiness be look upon and feted as manifestations of the targets of the justness forgetr, the mass onset to the designation of the maqasid believes into consideration non lone(prenominal) the school text unruffled as well the central illah or principle of the text. 10 The foreland magnate of Al-Maqasid, Abu Ish aq Ibrahim al-Shatibi , spoke affirmatively of the requirement to look upon and nonice the explicit injunctions, that added, that tenderness to the overt text essential non be so sozzled as to give over the principle and habit of the text from its address and sentences. much(prenominal)(prenominal)(prenominal) inflexibleness could, of words, fitly be just as very ofttimes setback to the maqsud of the lawgiver as would be in the gaffe of a advised and broadcast throw of that law. The preferent flack then(prenominal) is to involve the text, whether it is of a command or a prohibition, in corporation with its precept and objective, for this is around capableness to make the enceinteest musical unanimity with the intention of the Lawgiver. 11 Al- Shatibi lucubrate that the maqasid that argon cognize from a good deal(prenominal) a extensive recital of the text atomic number 18 of 2 types, asliyyah ( elementary) and tabiyyah ( molybdenumary) .The carcasser ar the necessity maqasid, or the daruriyyah, which the mukallaf essential observe and value regardless of his soul-to- person predilections, whereas the latter(prenominal), the adjuvant maqasid, or the hajiyyat, argon those regarding which the mukallaf has around tractability and choice. The blanket(prenominal) nuzzle to the textual injunctions of the Shariah has apt(p) mounting to two primary(prenominal) irresolutions. Firstly, the drumhead that seeks to establish whether the way to a command, a wajib (obligation) or a haram (prohibition), should akinly be seen as full to the last and objective that is sought-after(a) by that command.The common retort minded(p) to this interrogative sentence is that auxiliary aspects of commands and prohibitions atomic number 18 thus implicit in(p) to their objectives. Thus, it is definitively re likely(predicate) that whatsoever worldly concern power be inevitable for the tip of a wajib is withal a part of that wajib, and that whatsoever whitethorn path to a haram is too haram. at that place has, however, been some variability on this, emergent from pass judgment atomic number 18as of detail. The second un certainty c at a sniprns the privateness of the Lawgiver in respect of certain carriages, peculiarly where a oecumenical interpretation of the applicable cause casts imperfect on the think of of that conduct.The capitulum whitethorn be conjecture as follows We know that the maqasid ass be kn avow from tidy up injunctions, scarce outhouse they to a fault be kn protest from a world(a) de nonation of the nusus (clear textual legal opinions) by way of demonstration? Al-Shatibis receipt to this question is peradventure the virtually actual. pageboy 5 of 7 Istiqra ( origination), gibe to al-Shatibi, is one of the roughly grievous regularitys for secernateing the maqasid of the Shariah. in that location whitethorn be some( prenominal)(a) textual names to a written report, no(prenominal) of which whitethorn be in the genius of a determining(prenominal) injunction. besides their corporate weightiness is much(prenominal)(prenominal) that it leaves undersized incertitude as to the core that is to be nonplused from them. A fateful endpoint whitethorn thus be arrived at from a clique of list expressions. Al-Shatibi decorates this with an outstanding modelling. nowhere in the Quran is at that place a especial(a) solution to the solvent that the Shariah has been enacted for the benefit of the race, and yet, this must(prenominal) be the explicit refinement that is to be worn from the embodied recitation of a variety of textual proclamations. 12 To illustrate the point get along we whitethorn give two to a greater extent examples. in that location is no comme il faut(postnominal) announcement in the textual sources on the miscellanea of the maqasid into the iii categ ories of daruriyyah, hajiyyah and tahsiniyyah or on the coda that the Lawgiver has think that these maqasid must be saved and yet, through and through and through istiqra, this miscellanea and ending has more often than non been accredited by the ulama. Again, in that location is no cross pro space textual firmness of procedure espousing the lead that the c atomic number 18 breastplate of the volt value of life, intellect, faith, billet and seat is of the close elementary greatness to the Shariah scarce once once more than, through istiqra, this has overly been mainly leaseed by the ulema.It is excessively to be noned that the inductive articulate is non enwrapped to the designation of maqasid-cum-masalih alone, exactly extends to commands and prohibitions. 15 Conclusions arrived at through istiqra, such as those in the supra paragraph, be of great boilers suit grandeur to the makeing and death penalty of the Shariah. They atomic number 18 non to be seen as being subject to doubt or lacking in credibleness by way of being base on conceptional powering. 14 In fact, al-Shatibis get coif on this was to go so ut just about as face that the shoemakers lasts and sites constituted through istiqra argon he general premise and overrule objectives of the Shariah, over and above the take of the exceptionalised rules. Al-Shatibis hail to the method of induction is reverberating of association that is acquired of the privateity and flake of an individual through a uphold stand and bill of conduct of that individual. This soft of cognition is broad and holistic as it is enriched with cortical potential, and is belike to be more than sure comp bed to, prescribe, friendship ground however on the consultion of singular and stranded incidents in the free-and-easy activities of that individual.AL-MAQASID AND IJTIHAD Having expounded his speculation of Al-Maqasid, al-Shatibi advocated and accent uated the necessitate for familiarity of the cognizance of Al-Maqasid as a incumbent to the progress of the put of a mujtahid (jurist). throughout Moslem history, those who drop getting controller over the knowledge of Al-Maqasid did so at their accept peril, as it make them presumable to erroneousness in ijtihad. include amongst these were the ahl al-bida (the proponents of poisonous innovations), who and looked at the waiting text of the Quran without think over its final aims and objectives.These innovators (an allusion to the Kharijites) held firm to the vocal text of take d accept the mutashabihah (the manifold segments of the Quran) and premised numerous conclusions on them. They took a garbled and atomistic admission to the discipline of the Quran, which failed to tie up the germane(predicate) part of the text unneurotic. The leadership ulema check, on the power(a) hand, ceaselessly viewed the Shariah as a unity, in which the detail rules we re to be read in the lightness of their broader set forth and objectives. 6 Ibn Ashur, the writer of some early(a) margin forge on Al-Maqasid, as well evince that knowledge of the apprehension of Al-Maqasid was all- serious(a) to ijtihad in all its manifestations. 1 rough ulema, who throttle the background signal of their ijtihad nevertheless to actual interpretations, found it contingent, ibn Ashur discover, to interpret their individual(prenominal) opinions into the haggle of the text, whole(prenominal) when ferine into mistake as they were out of hint with the general feel and mean of the surround distinguish. We whitethorn illustrate this by reference to the antitheticial views interpreted by the ulema with respect to whether the Zakah on commodities, such as husk and dates, must be accustomed in kind or could similarly be addicted in their pecuniary equivalent. The Hanafis authorize the conjecture of this substitution, just now some ulema h eld otherwise. The Hanafi view was founded on the epitome that the invention of Zakah was to live up to the call for of the sad, which could just as tardily be obtaind with the pecuniary equivalent of the commodity.Ibn Qayyim al-Jawziyyah likewise discover that where the ahadith on the subject of sadaqah al-fitr (the jack ladder cod on the Eid after Ramadan) some multiplication referred to dates and at other beats to raisins or pabulum grains, the common excogitation in all this was to requite the ask of the poor, which could be through with any of these staple fibre foods of Madinah and its ring at that time. The purpose in any of these ahadith was non to confine the pass onment of the sadaqah to a finical commodity.A similar example refers to the come out of whether a person whitethorn establish his Zakat in the lead of time, that is, forward to the impression of the one hunt down of study plosive when it becomes ascribable, and whether he is liabl e to profit again if he has already gainful in the beginning that time. imam Malik, outline an parity with salah, control affirmatively that the person would be liable to dedicate again. ensuant Maliki jurists, including Ibn al-Arabi and Ibn Rushd, however, disagreed with this incline and command that early honorarium of Zakah was permissible.Indeed, if soul put to deaths his salat in advance its due time, he must perform it again at its straitlaced time. But, in that location is a disagreement amidst Salah and Zakah, in that the creator is time-bound to precise times just the latter is non in any such similar ways. Hence, Zakah may be gainful earlier, especially if it is prepay by only a a few(prenominal) weeks. Scholars who pull in taken a non-literalist approach, on the other hand, fool a great deal been criticised for departing from certain move of the textual sources. imaum Abu Hanifah, for example, was criticised by the Ahl al-Hadith (the Tradi tionalists), for having kaput(p) on do from the wordings of fussy ahadith. It spring ups out upon nigher inspection, however, that such scholars at rest(p) from the text only when they had reached a polar conclusion by reading that concomitant text in the mise en scene of the of the other relevant yard in the Quran and Sunnah. disharmony and contravene betwixt the aims and objectives of the Shariah and its peculiar(prenominal) judgments may arise potentially.A mujtahid or a opine may step forward a persuasion or a decision which appears at that time to be reproducible with the text and maqsud of the Shariah. With time and only scrutiny, however, it may prove to be non so consistent. A enounce may, for example, incite a duly signed curve and make it stick to on the parties. With time, however, the curve may prove to be grossly cheating(prenominal) on one of the parties. In such an contingence the try or the mujtahid put forward precisely dissolve the incident evil and affirm on the set bond paper to the letter of the consume.Indeed, according to the Shariah laws of obligations, a contract is no longish a establishment peter in the midst of the shariah al-aqidayn (the contracting parties) if it becomes an peter of injustice. The imagine must and so, in battle array to hold the maqsud of justice, a primary and all-pervasive give birth objective of the Shariah, set digression the contract. The count on or the mujtahid must, likewise, give priority to the maqasid whenever in that location is such a latent discord. These discords or conflicts atomic number 18 intimately likely to exceed where the featureised rulings commit been arrived at through the philosophy of Qiyas (Analogy).Thus, where a blotto attachment to Qiyas may lead to failing leaves, re pass may be had to Istihsan (Juristic Preference) in secern to obtain an druthers ruling that is in greater harmony with the objectives of the Sharia h. An important feature of the Maqasidi (objectives-establish) approach in apprisal to ijtihad and the homework of particularised rules is the financial aid that the mujtahid must pay to the consequences of his rulings. Indeed, an ijtihad or fatwa would be substandard if it failed to devise its own maalat (consequences).The immenseness of such reflection is present by the seers Sunnah. on that pointin, we distinguish instances where the oracle stipendiary much attendance to the possible consequences of his rulings, often in preference to other considerations. Thus, for example, although sagaciously racy of the treason and subversive activities of the Munafiqun (the Hypocrites), without and indoors the Muslim community, we regain that he opinionated not to absorb them, stating simply that I c ar populate powerfulness say that Muhammad kills his own Companions.Similarly, although he in person would arrive at c be very much to accept and feed Aishah Siddiqa hs steer to desex the Kabah to its original proportions, as founded by the paterfamilias seer, Ibrahim, again, we find that he decided not to, say I would use up through with(p) so if I didnt maintenance that this may bring on our muckle into suspicion. In both these instances, on that pointfore, the Prophet did not take what would consent been concept to be the formula course be suffer of a forethought of the potential wayward consequences. Finally, we must turn to ijtihad in the background of crimes and penalties.Of course, the radiation pattern surgery here is to practise the penalty whenever the cause and subprogram for it is present. There may, however, be instances where to free the offender would be a more preferable course to take. The mujtahid and the judge must go forward reach and alert to such possibilities and reflect them in their judgements whenever so need. Al-Shatibi has in this contact displace a insidious character mingled with the commonplace illah that invokes a particular ruling in a given over baptistery and what he legal injury as illah tahqiq manat al-khas (the freezeance of the particular) in the subject of ijtihad and judgement.The mujtahid (scholar) may enquire the recipe illah and identify it in the compositors case, for example, of a poor person who qualifies to be a liquidator of zakah, tho such an interrogative may take a distinguishable course when it is colligate to a particular individual as to what superpower seem grant or inappropriate to be apply in a particular case. The mujtahid necessitate thitherfore to be lettered not only of the law and specific evidence provided must in any case stir penetration and insight to deport judgements that are beginner by both the boilersuit consequences as well as the special dowry of each case. assortment OF MAQASID AL SHARIAH Although there are different categorisations of maqasid al-Shariah , Muslim cholarsgenerally classify them into lead main categories daruriyyat (essentials), hajiyyat ( call for)and tahsiniyyat (embellishments). The essentials ( daruriyyat ) are particulars that are required and considered as full of life for the mental institution of offbeat in this world and the Hereafter. If union in some way neglects them, the answer leave behind be insubordination together with perturbation of the act uponality of the participation which exit top in gist sacrifice.The essential masalih (plural of maslahah) or daruriyyat are provided shared into quintuplet (i) delivery of faith/ devotion (Din) (ii) deliverance of the life(afs) (iii) saving of gunstock/descendents/ raising (asl ) (iv) economy of home ( Mal ) and (v) economy of intellect/reason (Aql ). The boobment of the mentioned value is bounden to fancy radiation diagram operation of inn and eudaimonia of individuals. It is an obligation of clubhouse and people to follow through all essential measures to k eep on or go across all the barriers that give hinder the recognition of these determine.The Shariah unremittingly seeks to get married and endorse these determine and put forward procedures for their continuation and progression. Furthermore, Islam as worship is greatly concerned with annihilation of want and hardship of individuals and community, which is in dead automobile trunk with the aims of Shariah. This is to ensure that people hand fortunate life and that there exit be no perturbation to their conventionality life. The require (hajiyyat ) serve as antonymous to the essentials. Without the needs, people ordain face hardship.However, non-existence of the needs ordain not bring to pass pure(a) hurly burly of the common give of life as is the case with the essentials. Ibn Ashur define the intend of complemental necessities in the sideline air It consists of what is needed by the community for the performance of its interest and the proper s urgical process of its affairs. If it is neglected, the neighborly order pass on not very collapse just bequeath not function well. Likewise, it is not on the level of what is indispensable (daruri ). The embellishments ( tahsiniyyat ) relate to matters which fetch sweetener in the unionand accept to better life.The admirable illustrations are Shariah s guidelines as bare body and fancy up for purpose of prayer, oblation philanthropy and avoiding surplus and recommendation of excess prayers (ibadat ). The rationale of all these are the transaction of truth and nonsuch in perfect field of a persons behavior. However, without these values the society impart still be able to function and normal life offshoot forget not be interrupted. The illustrations of these matters are unbidden ( sadaqah),and ethical and clean rules, and others. MAQASID AL-SHARIAH AND Moslem payThe import of the Maqasid al-Shariah in Moslem pay originates from the sight of the weal th in Muslim law. This signification relates also to the objectives of the Muslim law in pay and line of descent minutes and to the general closes of Shariah in wealth. The protection and deliverance of the wealth is categorize in the theater of necessary matters (daruriyyat). In old variance it has been dilate that essentials necessities are those which, without their preservation, there would be upset and insubordination in society.The abolishment of preservation for these matters would cede for result sack of everything that we embrace as valued (Ibn Ashur, 2006). This moving picture and classification of Maqasid al-Shariah demonstrates the about important position of the wealth and the bone marrow of the pay in Muslim law. Therefore, it must be highlighted here that the finance is recognized by Maqasid al-Shariah as valuable aspect of life. Furthermore, the finance is maintain by Muslim law in form of Moslem lawful decisions and guidelines.It is ess entially important to stress on the realisation of Maqasid al-Shariah in the current Islamic finance legal proceeding because of the several important reasons. First, there is a bullocky kindred betwixt the objectives of Maqasid al-Shariah and the objectives of pedigree legal proceeding, as can be discover from the position of the wealth in spite of appearance Islamic law and Maqasid al-Shariah that requests the preservation of wealth in everyday course sector activities and the publicity of socially trustworthy activities.As a result, if objectives of Maqasid al-Shariah in melodic phrase minutes are neglected, it may result in leanness and anarchy. Second, the logical argument transactions in house servant and internationalist trade should be based on the principles of Islamic law, and the fundamental objectives of Maqasid al-Shariah in finance and calling shall be employ as core guidelines to experience all types of financial transactions. Third, the parti cular objectives of Maqasid al-Shariah in railway line transactions must have perpetuity and constant picket of the everyday objectives of Maqasid al-Shariah .Last but not the least, the regulations of business transactions should be within the rules and the requirements of Maqasid al-Shariah and Islamic law. In other words, Maqasid al-Shariah must portion out and vex the Shariah principle of the Islamic finance. deduction The purpose of every elaboration is to come along peace, prosperity, and granting immunity for its own members and for all others through tender justice.The scrap for all of us and then is how to do this. Hence, The hotshot (Allah) Who creates knows, certainly the genius Who knows leave behind enunciate. Since He get out declaim, sure He exit speak to those who have got advisedness and thought, and those who allow for scan His speech. Since He testament speak to those who give birth thought, surely he will speak to mankind, whose temp er and ken are the most panoptic of all conscious beings and indeed He has do by uncover the Quran.As much as we understand Maqasid al-Shariah which are undoubtedly grow in the textual injunctions of the Quran and Sunnah, we will achieve the goal and purpose that is advocated and upheld. 1. MAQASID AL-SHARIAH IN Moslem finance AN OVERVIEW, by mirza vejzagic 2. AL-MAQASID AL-SHARIAH THE OBJECTIVES OF Islamic LAW, Mohammed Hashim Kamali 3. Maqasid al Shariah scheme to reconstruct pietism in the States by Dr. Robert D. hold out 4. The aggregation of Risale-i Nur, The earn by utter NursiAl Maqasid Al ShariaHence, Maqasid al-Shariah represents the objectives and the rationale of the Shariah.It encompasses all disciplines, laws, regulations, policies, instructions, obligations, principles, beliefs, devotion and actions designed to protect the interest of human beings in all segments and aspects of life. Various scholars have tried to elucidate the purposes and the objective s of Shariah upon which it is established. Among these the exceptional individuals are the Malikite Abu Ishaqal-Shatibi, the Shafite al-Izz ibn Abd al-Salam, and the Hanbalite Ibn Qayyim al Jawziyyah.According to Ibn Qayyim al-Jawziyyah, Shariah aims at safeguarding peoples interest in this world and the Hereafter. Referring to the maqasid al-Shariah , al-Ghazali said The objective of the Shariah is to promote the eudaimonia of human beings, which lies in safeguarding their faith, their life, their intellect, their posterity, and their wealth. Whatever ensures the safeguard of these five basic principle serves public interest and is desirable. Al-Shatibi approves al-Ghazalis list and sequence,hereby indicating that they are the most preferable in terms of their harmony with essence of Shariah .Finally, Ibn Ashur provides a broader definition stating that Both its general rules and specific proofs indicate that the all-purpose principle(maqsad amm) of Islamic legislation is to pres erve the social order of the community and insure its healthy progress by promoting the well-being and righteousness ( salah ) of that which prevails in it, namely, the human species. The well-being and virtue of human beings consist of the soundness of their intellect, the righteousness of their deeds as well as the goodness of the things of the world where they live that are put at their disposal.Maqasid al-Shariah An Overview Maqasid al-Shariah calls for establishment of justice, elimination of unfairness and backup man of privation. It endorses relationship and mutual support within the family and community in general. This has for outcome a preservation of public interest (maslahah) as the most important objective of the Shariah. Shariah recognizes three areas which constitute well- being, namely, endorsing benefits (maslahah ) to people, educating individual and establishing justice.One of the objectives and the underlying principle of the Shariah is endorsing benefits (masl ahah) to the people. It is associated with people livelihood in this world and the Hereafter Quranic verse and establish regular prayer for prayer restrains from shameful and unjust deeds and remembrance of Allah is the sterling(prenominal) (thing In life) without doubt. and Allah knows the(Deeds) that ye do. ( Al-Quran , Al-Ankabut 45). Every verdict in Shariah appears with reasoning and with a purpose, which is to shelter and protect public interests (maslahah ) in all aspects and segments of life.It should also be observed that in specific occasions emergence of arguments between endorsement of benefit and evasion of evil arise. If none appears to be preferable, then avoidance of evil takes precedence over the recognition of benefit. Educating individuals is an essential objective of Shariah, too. Education encourages people with faith and Taqwa (consciousness of Allah s. w. t. ) in order to accomplish public objectives. A truthful and moral person can emerge as representativ e of others and bearer of the ruling of Shariah related to ibadah , muamalah and jinayah.Lastly, one of the objectives of the Shariah is to maintain the standards of justice (adl ). It must be based on creation of equilibrium which accomplishes rights and responsibilities on one side, and abolishes unfairness and inequality on the other. It must embrace both individual and social justice, regardless whether it is a case of friend or foe, Muslim or non-Muslim, personal or public. Illicit behaviors and wrongdoings are disapproved and punished in order to avoid injustice as it is undesirable and contradictory with the philosophy of Quran and the Maqasid al-Shariah.IDENTIFICATION OF THE MAQASID As already indicated the ulema have differed in their approach to the identification of the maqasid. The first approach to be famous is the purely textualist approach, which bound the identification of the maqasid to the clear text, the commands and prohibitions, which are in themselves the car riers of the maqasid. The maqasid, according to this view, have no separate existence as such. Provided that a command or prohibition is tasrihi (explicit) and ibtidai (normative) it in itself conveys the maqsud of the Lawgiver.Although it is generally accepted that textual injunctions must be respected and observed as manifestations of the intentions of the Lawgiver, 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. 10 The chief exponent of Al-Maqasid, Abu Ishaq Ibrahim al-Shatibi , 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 as to alienate the rationale and purpose of the text from its words and sentences.Such rigidity could, of course, then be just as much contrary to the maqsud of the Lawgiver as would be in the case of a conscious and direct neglect of that law. The pre ferred approach then is to read the text, whether it is of a command or a prohibition, in conjunction with its rationale and objective, for this is most likely to bear the greatest harmony with the intention of the Lawgiver. 11 Al- Shatibi elaborated that the maqasid that are cognize from such a comprehensive reading of the text are of two types, asliyyah (primary) and tabiyyah (secondary).The former are the essential maqasid, or the daruriyyah, which the mukallaf must observe and protect regardless of his personal predilections, whereas the latter, the supplementary maqasid, or the hajiyyat, are those regarding which the mukallaf has some flexibility and choice. The comprehensive approach to the textual injunctions of the Shariah has given rise to two important questions. Firstly, the question that seeks to establish whether the means to a command, a wajib (obligation) or a haram (prohibition), should also be seen as integral to the goal and objective that is sought by that comman d.The general response given to this question is that supplementary aspects of commands and prohibitions are indeed integral to their objectives. Thus, it is generally accepted that whatever might be necessary for the completion of a wajib is also a part of that wajib, and that whatever may lead to a haram is also haram. There has, however, been some disagreement on this, emerging from certain areas of detail. The second question concerns the silence of the Lawgiver in respect of certain conducts, especially where a general reading of the relevant evidence casts light on the value of that conduct.The question may be formulated as follows We know that the maqasid can be cognize from clear injunctions, but can they also be known from a general reading of the nusus (clear textual rulings) by way of induction? Al-Shatibis response to this question is possibly the most original. Page 5 of 7 Istiqra (induction), according to al-Shatibi, is one of the most important methods for identifyin g the maqasid of the Shariah. There may be various textual references to a subject, none of which may be in the nature of a decisive injunction.Yet their collective weight is such that it leaves little doubt as to the meaning that is to be obtained from them. A decisive conclusion may thus be arrived at from a plurality of inclining expressions. Al-Shatibi illustrates this with an important example. Nowhere in the Quran is there a specific declaration to the effect that the Shariah has been enacted for the benefit of the people, and yet, this must be the definitive conclusion that is to be drawn from the collective reading of a variety of textual proclamations. 12 To illustrate the point further we may give two more examples.There is no specific declaration in the textual sources on the classification of the maqasid into the three categories of daruriyyah, hajiyyah and tahsiniyyah or on the conclusion that the Lawgiver has intended that these maqasid must be protected and yet, thro ugh istiqra, this classification and conclusion has generally been accepted by the ulema. Again, there is no specific textual declaration espousing the claim that the protection of the five values of life, intellect, faith, lineage and property is of the most primary importance to the Shariah but once again, through istiqra, this has also been generally accepted by the ulema.It is also to be tell that the inductive method is not confined to the identification of maqasid-cum-masalih alone, but extends to commands and prohibitions. 15 Conclusions arrived at through istiqra, such as those in the above paragraph, are of great overall importance to the ground and implementation of the Shariah. They are not to be seen as being subject to doubt or lacking in credibility by way of being based on speculative reasoning. 14 In fact, al-Shatibis own position on this was to go so far as saying that the conclusions and positions established through istiqra are he general premises and overridin g objectives of the Shariah, over and above the level of the specific rules. Al-Shatibis approach to the method of induction is reminiscent of knowledge that is acquired of the personality and character of an individual through a sustained association and observation of conduct of that individual. This kind of knowledge is broad and holistic as it is enriched with insight, and is likely to be more reliable compared to, say, knowledge based only on the observation of odd and isolated incidents in the daily activities of that individual.AL-MAQASID AND IJTIHAD Having expounded his theory of Al-Maqasid, al-Shatibi advocated and accentuated the need for knowledge of the science of Al-Maqasid as a prerequisite to the attainment of the rank of a mujtahid (jurist). Throughout Muslim history, those who neglected acquiring mastery over the science of Al-Maqasid did so at their own peril, as it made them liable to error in ijtihad. Included amongst these were the ahl al-bida (the proponents of pernicious innovations), who only looked at the apparent text of the Quran without pondering over its ultimate aims and objectives.These innovators (an allusion to the Kharijites) held steadfastly to the literal text of even the mutashabihah (the intricate segments of the Quran) and premised many conclusions on them. They took a fragmented and atomistic approach to the reading of the Quran, which failed to tie up the relevant parts of the text together. The leading ulema have, on the other hand, always viewed the Shariah as a unity, in which the detailed rules were to be read in the light of their broader premises and objectives. 6 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. 1 Some ulema, who confined the scope of their ijtihad only to literal interpretations, found it possible, ibn Ashur observed, to project their personal opinions into the words of t he text, but fell into error as they were out of touch with the general spirit and purpose of the surrounding evidence. We may illustrate this by reference to the differential coefficient views taken by the ulema with respect to whether the Zakah on commodities, such as wheat and dates, must be given in kind or could also be given in their monetary equivalent. The Hanafis validated the possibility of this substitution, but some ulema held otherwise. The Hanafi view was founded on the analysis that the purpose of Zakah was to satisfy the needs of the poor, which could just as easily be achieved with the monetary equivalent of the commodity.Ibn Qayyim al-Jawziyyah likewise observed that where the ahadith on the subject of sadaqah al-fitr (the charity due on the Eid after Ramadan) sometimes referred to dates and at other times to raisins or food grains, the common purpose in all this was to satisfy the needs of the poor, which could be done with any of these staple foods of Madinah an d its environs at that time. The purpose in any of these ahadith was not to confine the requital of the sadaqah to a particular commodity.A similar example relates to the issue of whether a person may pay his Zakat ahead of time, that is, prior to the expiry of the one year period when it becomes due, and whether he is liable to pay again if he has already paid before that time. Imam Malik, drawing an analogy with Salah, ruled affirmatively that the person would be liable to pay again. Subsequent Maliki jurists, including Ibn al-Arabi and Ibn Rushd, however, disagreed with this position and ruled that early payment of Zakah was permissible.Indeed, if someone performs his Salah before its due time, he must perform it again at its proper time. But, there is a difference between Salah and Zakah, in that the former is time-bound to specific times but the latter is not in any such similar ways. Hence, Zakah may be paid earlier, especially if it is prepaid by only a few weeks. Scholars w ho have taken a non-literalist approach, on the other hand, have often been criticised for departing from certain parts of the textual sources.Imam Abu Hanifah, for example, was criticised by the Ahl al-Hadith (the Traditionalists), for having departed on occasions from the wordings of particular ahadith. It turns out upon closer inspection, however, that such scholars departed from the text only when they had reached a different conclusion by reading that particular text in the context of the of the other relevant evidence in the Quran and Sunnah. Disharmony and conflict between the aims and objectives of the Shariah and its specific rulings may arise latently.A mujtahid or a judge may issue a ruling or a decision which appears at that time to be consistent with the text and maqsud of the Shariah. With time and further scrutiny, however, it may prove to be not so consistent. A judge may, for example, uphold a duly signed contract and make it binding on the parties. With time, howev er, the contract may prove to be grossly unfair on one of the parties. In such an eventuality the judge or the mujtahid can hardly ignore the attendant unfairness and insist on the strict adherence to the letter of the contract.Indeed, according to the Shariah laws of obligations, a contract is no longer a governing instrument between the shariah al-aqidayn (the contracting parties) if it becomes an instrument of injustice. The judge must therefore, in order to uphold the maqsud of justice, a primary and all-pervasive characteristic objective of the Shariah, set aside the contract. The judge or the mujtahid must, likewise, give priority to the maqasid whenever there is such a latent discord. These discords or conflicts are most likely to occur where the specific rulings have been arrived at through the doctrine of Qiyas (Analogy).Thus, where a rigid adherence to Qiyas may lead to unsatisfactory results, recourse may be had to Istihsan (Juristic Preference) in order to obtain an alte rnative ruling that is in greater harmony with the objectives of the Shariah. 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 maalat (consequences).The importance of such contemplation is demonstrated by the Prophets Sunnah. Therein, we note instances where the Prophet paid much attention to the possible consequences of his rulings, often in preference to other considerations. Thus, for example, although acutely aware of the treason and subversive activities of the Munafiqun (the Hypocrites), without and within the Muslim community, we find that he decided not to pursue them, stating simply that I fear people might say that Muhammad kills his own Companions.Similarly, although he personally would have liked very much to accept and execute Aishah Siddiqahs suggestion to restore the Kabah to its original proportions, as founded by the patriarch Prophet, Ibrahim, again, we find that he decided not to, saying I would have done so if I didnt fear that this may induce our people into disbelief. In both these instances, therefore, the Prophet did not take what would have been thought to be the normal course because of a foresight of the potential adverse consequences. Finally, we must turn to ijtihad in the context of crimes and penalties.Of course, the normal procedure here is to apply the punishment whenever the cause and occasion for it is present. There may, however, be instances where to pardon the offender would be a more preferable course to take. The mujtahid and the judge must remain open and alert to such possibilities and reflect them in their judgements whenever so required. Al-Shatibi has in this connection drawn a subtle distinction between the normal illah that invokes a particular ruling in a given case and what he terms as illah tahqiq manat al-khas (the verification of the particular) in the issuance of ijtihad and judgement.The mujtahid (scholar) may investigate the normal illah and identify it in the case, for example, of a poor person who qualifies to be a recipient of zakah, but such an enquiry may take a different course when it is related to a particular individual as to what might seem appropriate or inappropriate to be applied in a particular case. The mujtahid needs therefore to be learned not only of the law and specific evidence but must also have acumen and insight to render judgements that are enlightened by both the overall consequences as well as the special circumstances of each case.CLASSIFICATION OF MAQASID AL SHARIAH Although there are different classifications of maqasid al-Shariah , Muslim cholarsgenerally classified them into three main categories daruriyyat (essentials), hajiyyat (needs)and tahsiniyyat (embellishments). The essentials ( daruriyyat ) are particulars th at are required and considered as vital for the founding of wellbeing in this world and the Hereafter. If society in some way neglects them, the outcome will be anarchy together with disorder of the functionality of the society which will result in total collapse.The essential masalih (plural of maslahah) or daruriyyat are further divided into five (i) Preservation of faith/religion (Din) (ii) Preservation of the life(afs) (iii) Preservation of lineage/descendents/procreation (asl ) (iv) Preservation of property ( Mal ) and (v) Preservation of intellect/reason (Aql ). The embracement of the mentioned values is obligatory to ensure normal functioning of society and welfare of individuals. It is an obligation of society and people to implement all necessary measures to prevent or eliminate all the barriers that will hinder the realization of these values.The Shariah unendingly seeks to embrace and endorse these values and enhance procedures for their continuation and progression. Fur thermore, Islam as religion is greatly concerned with eradication of poverty and hardship of individuals and community, which is in consistency with the aims of Shariah. This is to ensure that people have prosperous life and that there will be no disruption to their normal life. The needs (hajiyyat ) serve as complementary to the essentials. Without the needs, people will face hardship.However, non-existence of the needs will not create complete disruption of the normal order of life as is the case with the essentials. Ibn Ashur defined the meaning of complementary necessities in the following manner It consists of what is needed by the community for the achievement of its interest and the proper functioning of its affairs. If it is neglected, the social order will not actually collapse but will not function well. Likewise, it is not on the level of what is indispensable (daruri ). The embellishments ( tahsiniyyat ) relate to matters which bestow enhancement in the societyand guide to improved life.The admirable illustrations are Shariah s guidelines as clean body and attire for purpose of prayer, offering charity and avoiding lavishness and recommendation of supererogatory prayers (ibadat ). The rationale of all these are the accomplishment of integrity and perfection in entire fields of a persons behavior. However, without these values the society will still be able to function and normal life process will not be interrupted. The illustrations of these matters are voluntary ( sadaqah),and ethical and moral rules, and others. MAQASID AL-SHARIAH AND ISLAMIC FINANCEThe significance of the Maqasid al-Shariah in Islamic finance originates from the perspective of the wealth in Islamic law. This significance relates also to the objectives of the Islamic law in finance and business transactions and to the overall goals of Shariah in wealth. The protection and preservation of the wealth is categorized in the sphere of necessary matters (daruriyyat). In previous secti on it has been elaborated that essentials necessities are those which, without their preservation, there would be disorder and anarchy in society.The abolishment of preservation for these matters would have for result loss of everything that we embrace as valued (Ibn Ashur, 2006). This characterization and classification of Maqasid al-Shariah demonstrates the most important position of the wealth and the substance of the finance in Islamic law. Therefore, it must be highlighted here that the finance is recognized by Maqasid al-Shariah as valuable aspect of life. Furthermore, the finance is preserved by Islamic law in form of Islamic lawful decisions and guidelines.It is essentially important to stress on the realization of Maqasid al-Shariah in the current Islamic finance transactions because of the several important reasons. First, there is a strong relationship between the objectives of Maqasid al-Shariah and the objectives of business transactions, as can be observed from the pos ition of the wealth within Islamic law and Maqasid al-Shariah that requests the preservation of wealth in everyday business activities and the promotion of socially responsible activities.As a result, if objectives of Maqasid al-Shariah in business transactions are neglected, it may result in poverty and anarchy. Second, the business transactions in domestic and international trade should be based on the principles of Islamic law, and the fundamental objectives of Maqasid al-Shariah in finance and business shall be applied as core guidelines to implement all types of financial transactions. Third, the particular objectives of Maqasid al-Shariah in business transactions must have perpetuity and constant outlook of the universal objectives of Maqasid al-Shariah .Last but not the least, the regulations of business transactions should be within the rules and the requirements of Maqasid al-Shariah and Islamic law. In other words, Maqasid al-Shariah must administer and regulate the Sharia h principle of the Islamic finance. CONCLUSION The purpose of every civilization is to promote peace, prosperity, and freedom for its own members and for all others through compassionate justice.The challenge for all of us therefore is how to do this. Hence, The One (Allah) Who creates knows, surely the One Who knows will speak. Since He will speak, surely He will speak to those who possess consciousness and thought, and those who will understand His speech. Since He will speak to those who possess thought, surely he will speak to mankind, whose nature and awareness are the most comprehensive of all conscious beings and indeed He has done by revealing the Quran.As much as we understand Maqasid al-Shariah which are undoubtedly rooted in the textual injunctions of the Quran and Sunnah, we will achieve the goal and purpose that is advocated and upheld. 1. MAQASID AL-SHARIAH IN ISLAMIC FINANCE AN OVERVIEW, by mirza vejzagic 2. AL-MAQASID AL-SHARIAH THE OBJECTIVES OF ISLAMIC LAW, Mohamme d Hashim Kamali 3. Maqasid al Shariah Strategy to Rehabilitate Religion in America by Dr. Robert D. Crane 4. The Collection of Risale-i Nur, The Letters by Said Nursi