The Theory of Higher Objectives and Intents of Islamic Law (Maqasid Al-Shariah) as One of Instrument of Ijtihad According to Imam al-Shatibi in Al-Muwafaqat Fi Ushli Al-Syari`ah

Abstract

As written in Al-Muwâfaqât Fi Ushûli Al-Syari'ah, Imâm Al-Shatibi explained that every divine law (the command of Allah) must be prescribed on purposes and objectives. The desired objective of law is to fulfill for the benefit of humankind. Imâm Al-Shatibi divided the higher objectives of law into two categories: (1) the objectives of the Lawgiver (Allah as the Lawgiver), and (2) the human objectives (the benefits that refer to human as the doer of Law). The human objectives are defined in three scales: from the ‘essential’ (dharûriyat), to the ‘necessary’ (hajiyât), and to the ‘complementary’ (tahsiniyât). Furthermore, Imam Al-Shatibi explained that there are four steps in understanding the human objectives. The first is understanding maqasid (the objectives) through the purity of the command and prohibitions. Second,it is understanding maqasid through the existence of ‘illah (basis) contained in commands and prohibitions. And the third, understanding the maqasid through the law that related to 'adah (habit) and 'ibadah (worship) which have the main and additional objectives. Fourth, understand the maqasid through silence due to the absence of any occasions or circumstances for further declaration related to the certain matter. In other word, for certain issue, there is no evidence from the Holy book that provides the reasons of the law implementation even though there is a meaning (ma’na) behind the revelation.

"Gradualism Jurisprudence" in Islam (Fiqhut Tadarruj) and Translating the Quran for Non-Muslims"

“…It aims at realizing benefits (maṣāliḥ) and removing harms (mafāsid) (Al-Raisuni 1995). All rulings in Shari"ah are revealed to ward off harms (mafāsid) and achieve benefits (maṣāliḥ) for all people; both in life and afterlife (Al-Kailani 2000). There are many examples from the life of Prophet Muhamed, ṣaḥāba, and tābi' īn that show how they postponed good benefits for Da'wah to ward off the harm of hurting people or confusing them (Revise Hadith of doors of Kaaba/ Umar bin Khattab in famine/ and Umar ibn 'Abdul Azīz) (Qaderi, 2021).…”