![• “There is a difference between the Prophetic
actions as a conveyer of the divine message, a
judge, and a leader ... The implication in the
law is that what he says or does as a conveyer
goes as a general and permanent ruling ...
[However,] decisions related to the military,
public trust, … appointing judges and
governors, distributing spoils of war, and
signing treaties … are specific to leaders.”](https://image.slidesharecdn.com/theimamsofmaqasidshariah-161226143247/85/The-imams-of-maqasid-shariah-5-AH-8-AH-10-320.jpg)
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The imams of maqasid shariah 5 AH-8 AH
- 1. The Imams of Maqasid Shariah Muhammad Amirul Naim Bin Rosmi
- 2. Imam al-Juwaini • Abu al-Maali al-Juwaini (d.478 AH/1085 CE) • His book ; ‘al-Burhān fi Usul al-Fiqh’ (The Proof in the Fundamentals of Law) introduced theory of ‘darjat ad-dharurat’(levels of necessity); • 1) necessities (dharurat), • 2) public needs (Al hajat al ammah), • 3) moral behaviour (al-makrumāt), • 4) recommendations (al-mandūbāt), • ‘what cannot be attributed to a specific reason
- 3. The purpose of Islamic Law according to Imam Al Juwaini • protection or inviolability (al-Ismah) for ; • 1)people’s ‘faith ( aqaid) • 2)souls ( arwah) • 3)minds( uqul) • 4) private parts(‘aurat) • 5)money ( mal)
- 4. Imam Al-Ghazali • Abu Hamid al-Ghazali (d.505 AH/1111 CE) • developed his teacher’s ( Al Juwaini) theory further in his book, al-Mustasfā (The Purified Source) • Coined a term hifz (preservation)for this necessities • refused to give independent juridical legitimacy (hujjiyah) to any of his proposed maqasid/masalih • called them ‘the illusionary interests’ (al-masalih al mawhumah). • The reason behind that is related to the maqāsid being, sort of, read into the scripts, rather than being implied literally, as other ‘clear’ Islamic rulings are.
- 5. Al Ghazali and ‘Order of Necessities’ • 1) faith ( ad –deen) • 2) soul( an-nafs) • 3) mind ( al aql) • 4) offspring ( an-nasl) • 5) wealth( al-mal)
- 6. • However,al-Ghazali clearly used the maqasid as a basis for a few Islamic rulings. • Example ; • ‘‘all intoxicants, whether liquid or solid, are forbidden based on analogy with liquor, since liquor is forbidden for the purpose of the preservation of people’s minds.’’ • Al-Ghazali suggested a ‘fundamental rule’ (Higher-Order necessity should have priority over a Lower-Order necessity) if they generate opposite implications in practical cases.
- 7. Al-Izz Ibn Abdul-Salam • Died 660 AH/1209 CE. • Wrote 2 small books about a lmaqasid ; • 1) Maqāsid al-salāh (Purposes of Prayers) • 2)Maqāsid al-sawm (Purposes of Fasting) • His most significant book on Masalih is Qawāid al-Ahkām fī Masālih al-Anām (Basic Rules Concerning People’s Interests)
- 8. • al-Izz linked the validity of rulings to their purposes and the wisdoms behind them. • For example, he wrote: ‘Every action that misses its purpose is void ’
- 9. Imam al-Qarafi • Shihabuddin al-Qarafi (d.684 AH/1285 CE) • differentiating between different actions taken by the Prophet based on the ‘intents’ of the Prophet PBUH himself.
- 10. • “There is a difference between the Prophetic actions as a conveyer of the divine message, a judge, and a leader ... The implication in the law is that what he says or does as a conveyer goes as a general and permanent ruling ... [However,] decisions related to the military, public trust, … appointing judges and governors, distributing spoils of war, and signing treaties … are specific to leaders.”
- 11. • Thus, al-Qarafi defined a new meaning for ‘al- maqāsid’ as the purposes/intents of the Prophet in his actions. • Later, Ibn Ashur (d. 1976 CE) developed al- Qarafi’s ‘difference’ and included it into his definition of al-maqasid.
- 12. Ibn Al Qayyim Al Jawziyyah • Shamsuddin Ibn al-Qayyim (d. 748 AH/1347 CE) • contribution to maqasid :a very detailed critique of what is called legal tricks (al-hiyal al fiqhiyyah)
- 13. The summary of Ibn al-Qayyim juridical methodology • ‘’The Islamic law is all about wisdom and achieving people’s welfare in this life and the afterlife. It is all about justice, mercy, wisdom, and good. Thus, any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that does not belong to the Islamic law, even if it is claimed to be so according to some interpretation.’’
- 14. Imam As-Shatibi • Abu Ishaq Al-Shatibi (d. 790 AH/1388 CE) • In general , Shatibi used used same terminology that al-Juwaini and al-Ghazali developed. • However, in his book titled ‘al-Muwāfaqāt fī Usūl al-Sharīah’ (Congruencies in the Fundamentals of the Revealed Law) al-Shatibi developed the theory of al-maqāsid in the following three ways ;
- 15. • 1) From ‘unrestricted interests’ to ‘fundamentals of law.’ • 2) From ‘wisdoms behind the ruling’ to ‘bases for the ruling. • 3) From ‘uncertainty’ (zannīyah) to ‘certainty’ (qat’iyah).