The Role of Objectives of Shariah in Derivation of Shariah Rulings: An Analytical Study

Abstract

The objective of this paper is to explain the role and importance of Maqasid al-Shariah or Objectives of Shariah in juridical decision-making and derivation of Shariah Rulings. This aspect of Maqasid al-Shariah has become controversial as some scholars have totally ruled out any role or importance of Maqasid al-Shariah in the derivation of Shariah rulings. On the other hand, some people overvalued Maqasid al-Shariah in order to circumvent Shariah rulings which are derived from the clear texts of the Quran and Hadith. This research basically presents a comprehensive analysis and explains the role of Maqasid al-Shariah and relevant important principles that need to be observed while considering the role of Maqasid al-Shariah in the derivation of Shariah Rulings. It is found from this study that the role of Maqasid al-Shariah in juridical decision-making shall not be ignored. However, it is necessary for validation of Maqasid that they don’t contradict with clear texts of Quran & Hadith, Ijma (consensus), analogy, and an equal or higher maqsad/ objective of Shariah. Further, this study highlights various examples where the role of Maqasid al-Shariah is recognized in the derivation of Shariah rulings and juridical decision making.

Keywords

• objectives of shari’ah, maqasid al-shariah, maslaha, islamic law, shariah rulings