Al-Juwaynī's Understanding of Maqāsid

Abstract

Though not systematically enough, al-Juwaynī elaborately addressed some key terms that form the basis of the science of maqāsid, such as munasaba (suitability), maslahat (the puplic good), hikmat (underlying reason), gharad (purpose), kāida (maxim) and usūl al-sharīa (the origins/essentials of sharīa), under the heading of qiyās. His approach is considered as a milestone in forming the relevant theory. In his opinion, a meaning-based ta’līl follows the pattern of ‘meaning-suitability, maslahat, usūl al-sharī’a/maqāsid. Thus, he aimed to develop a controlled understanding of maslahat, thanks to the suitability for maqāsid (munasaba). He categorized the issues of maqāsid into dharuriyat (the essential), hadjiyyat (the needed), tahsiniyyat (the embellished), and bodily worships. Besides, he analyzed tahsiniyyat at two different levels, depending on whether the maslahat remained within the rule (qiyās) or made an exception, thereby addressing the issues of maqāsid under five categories altogether. Based on such a process of suitability, ta’līl in qiyās should be used in a way involving verification through maqāsid. Even though he never explicitly mentioned their names, al-Juwaynī can be assumed to have formed his approach by referring to the five obligatory maslahats. Being one of the first methodologists who established the science of maqāsid, al-Juwaynī managed to pioneer a path to be followed for centuries, thanks the contributions he made to this science.

Keywords

• islamic law
• al-juwaynī
• maqāsid
• maslahat
• suitable meaning
• qiyās
• ta’līl