Confusion Concerning the Use of Maqasid Al-Shari’ah in some Social Issues in Malaysia

Abstract

Social issues relating to the Muslim ummah's permissibility of polygamy for males and obligatory veiling (hijab) for females s Quest for Equality: Between Islamic Law and Feminism, Feminist Movement, Gender Equality and Religious Understanding and Dawabit al-Maslahah fi al-Sharicah al-Islamiyyah (The Guidelines for Public Interest in Islamic Shariah). Research results find that the dawabit (parameters) control the application of maqasid al-shari'ah (the ultimate objectives or goals of Shariah). This is because dawabit plays a role in balancing between proof of Shariah text or evidence in partial (juz'iyy) form and maqasid al -shari'ah in general or universal (kulliyy) form. These dawabit (guidelines) are compiled to ensure that the application of maqasid al-shari'ah fulfils the true discipline of jurisprudence in the context of textual interpretation of al-Quran and al-Sunnah when issuing rulings extracted from these sources.

The actualization of maqāṣid al-Sharīʿah in Islamic finance: a conceptual framework

“…Some other studies emphasized other elements of maqāṣid al-Sharīʿah for its proper actualization. Among such studies are al-Būṭī (1973), Hasan-uz-Zaman (1997), Kamali (1997), Wūrqiyah (2003), Ḥarzullāh (2007), Ḥassān (2008), Ibn-ʿUmar (2009), al-Yūbī (2010), Laldin (2010), Ahmad, Osmani, Shahed and Karim (2010); Zakariyah (2012), Laldin (2013), al-Raysūnī (2013), Aziz and Noh (2014); Wasfi Ashur (2015), Tilout (2015), Samsudin and Hamjah (2015), Aḥmad (2016), Ibrahim and Momin (2016), Mustafa, Abdulsalam and Yusuf (2016), Saiti and Abdullah (2016)‏ ‏and Akhtarzaite (2018). However, each of the studies focused on some elements that are overlooked others.…”

“…The parameters of maqāṣid are legality, harmony, certainty, rationality, discipline, generality and constancy. The use of parameters is emphasized by Samsudin and Hamjah (2015), Al-Fawzan (2014), Al-Raysūnī (2012), Al-Yūbī (2010), Laldin (2010), Ibn-ʿUmar (2009), Ḥassān (2008), Ḥarzullāh (2007), Wūrqiyah (2003) and al-Būṭī (1973). As for the constituent “aḥkām ,” it applies to all procedural steps of CFAM.…”

“…The parameters of maq a Á sid are legality, harmony, certainty, rationality, discipline, generality and constancy. The use of parameters is emphasized by Samsudin and Hamjah (2015), Al-Fawzan (2014), Al-Raysūnī (2012), Al-Yūbī (2010), Laldin (2010), Ibn-ʿUmar (2009), Á…”