The Maqasid Al-Shariah: Objectives of Islamic Law

Maqasid al-Shariah

The Higher Objectives of Islamic Law

Introduction

The Maqasid al-Shariah refers to the higher objectives of Islamic law. These objectives ensure that Shariah benefits humanity, secures justice, and preserves essential aspects of life. Scholars highlight five primary essentials: protection of faith, life, intellect, lineage, and property.

The Five Essentials

1. Protection of Faith (Deen)

• Guaranteeing freedom to practice and propagate Islam.
• Preventing shirk (associating partners with Allah) or kufr (disbelief).
• Example: Laws that preserve the sanctity of Islam and protect its core beliefs.

“O you who have believed, fear Allah as He should be feared and do not die except as Muslims [in submission to Him].” Qur’an 3:102

2. Protection of Life (Nafs)

• Preserving human life and dignity.
• Establishing justice against murder and harm.
• Example: The prohibition of murder and its legal punishment.

“Whoever kills a soul unless for a soul or for corruption [done] in the land it is as if he had slain mankind entirely. And whoever saves one it is as if he had saved mankind entirely.” Qur’an 5:32

3. Protection of Intellect (Aql)

• Safeguarding the mind and promoting mental well-being.
• Prohibiting intoxicants and harmful substances.
• Example: The Qur’an’s prohibition of alcohol and gambling.

“O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.” Qur’an 5:90

4. Protection of Lineage (Nasl)

• Preserving the sanctity of family and offspring.
• Establishing laws on marriage, inheritance, and sexual ethics.
• Example: Inheritance rules that ensure justice among heirs.

“Allah instructs you concerning your children: for the male, what is equal to the share of two females.” Qur’an 4:11

5. Protection of Property (Mal)

• Safeguarding individual and communal wealth.
• Prohibiting theft, fraud, and corruption.
• Example: The legal punishment for theft as a deterrent against crime.

“[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise.” Qur’an 5:38

Comprehensive Framework

The Maqasid al-Shariah ensures that Islamic rulings aim for justice, mercy, and human well-being. It links detailed laws with higher objectives, ensuring that Shariah promotes balance, prevents harm, and secures the welfare of society across all times and places.

References

Primary Sources

• Qur’an 3:102 : Protection of faith.
• Qur’an 5:32 : Sanctity of human life.
• Qur’an 5:90 : Prohibition of intoxicants.
• Qur’an 4:11 : Laws of inheritance.
• Qur’an 5:38 : Protection of property.

Secondary Sources

• Al-Shatibi, al-Muwafaqat : Foundational text on maqasid theory.
• Ibn Ashur, Maqasid al-Shariah al-Islamiyyah : Modern elaboration on Shariah objectives.
• Dr. Jasser Auda, Maqasid al-Shariah : Contemporary framework for applying maqasid today.