Samarah: Jurnal Hukum Keluarga dan Hukum Islam Volume 9 No.
July 2025 ISSN: 2549 Ae 3132.
E-ISSN: 2549 Ae 3167 DOI: 10.
22373/q4byre51 The Position of Maqasid al-Shariah within Islamic Legal Sources:
A Comprehensive Analysis Muhammad Nazir Alias Universiti Kebangsaan Malaysia.
Malaysia Muhammad Najib Abdullah Universiti Sains Islam Malaysia.
Malaysia Mohd Farihal Osman Universiti Utara Malaysia.
Malaysia Nor Faizah Ismail Universiti Sultan Zainal Abidin.
Malaysia Mohd Sham Kamis Universiti Malaysia Sarawak.
Malaysia Email: nazir@ukm.
Abstract: This study examines the position of maqasid al-shariah within the hierarchy of Islamic legal sources and its role in contemporary legal derivation.
While maqasid al-shariah serves as a framework for preserving five essential elementsits precise position within Islamic legal sources remains ambiguous.
This research addresses whether maqasid functions as a primary source equivalent to the Quran and Sunnah or merely as an interpretative tool and how it interacts with secondary sources like qiyas, istihsan and maslahah mursalah.
Employing document analysis, comparative analysis and interdisciplinary approaches integrating usul alfiqh and maqasid studies, this research examines primary Islamic sources and classical and contemporary scholarly works.
Findings reveal that maqasid maintains an organic relationship with primary sources while serving as an evaluative framework for secondary sources.
In qiyas, maqasid guides identification of 'illah .
egal caus.
in istihsan, it justifies departures from strict analogical reasoning.
maslahah mursalah, it distinguishes valid public interests.
and it filters Aourf .
and guides sadd al-dhara'i.
Contemporary applications in Malaysia and Indonesia demonstrate maqasid's practical significance.
In Islamic finance, maqasid principles guide evaluation of cryptocurrency and digital sukuk.
The emergence of Aumaqasidoriented ijtihadAy represents a methodological innovation integrating traditional usul al-fiqh with maqasid considerations.
This research clarifies that maqasid al-shariah functions not as a separate hierarchical source but as an integral framework permeating all levels of legal derivation.
The findings suggest traditional usul al-fiqh methodologies, when properly integrated with maqasid principles, remain adequate for realizing shariah objectives in modern contexts, though requiring dynamic application responsive to contemporary realities.
Keywords: Maqasid al-Shariah.
Islamic Legal Theory.
Islamic Jurisprudence.
Islamic Legal Sources.
Contemporary Islamic Law ic Submitted: March 11, 2024 ic Accepted: July 31, 2025 http://jurnal.
ar-raniry.
id/index.
php/samarah icPublished: July 31, 2025 The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 Abstrak: Penelitian ini mengkaji posisi maqasid al-syariah dalam hierarki sumber-sumber hukum Islam dan perannya dalam derivasi hukum kontemporer.
Meskipun maqasid al-syariah berfungsi sebagai kerangka untuk memelihara lima elemen penting posisi tepatnya dalam sumber-sumber hukum Islam masih Penelitian ini membahas apakah maqasid berfungsi sebagai sumber primer setara dengan Al-Quran dan Sunnah atau hanya sebagai alat interpretasi, dan bagaimana interaksinya dengan sumber sekunder seperti qiyas, istihsan, dan maslahah mursalah.
Menggunakan analisis dokumen, analisis komparatif, dan pendekatan interdisipliner yang mengintegrasikan ushul al-fiqh dan studi maqasid, penelitian ini mengkaji sumber-sumber Islam primer serta karya ulama klasik dan kontemporer.
Temuan mengungkapkan bahwa maqasid mempertahankan hubungan organik dengan sumber primer sekaligus berfungsi sebagai kerangka evaluatif untuk sumber sekunder.
Dalam qiyas, maqasid membimbing identifikasi 'illah .
ebab huku.
dalam istihsan, ia membenarkan penyimpangan dari penalaran analogis ketat.
untuk maslahah mursalah, ia membedakan kepentingan publik yang valid.
dan ia menyaring Aourf .
serta membimbing sadd al-dzara'i.
Aplikasi kontemporer di Malaysia dan Indonesia menunjukkan signifikansi praktis maqasid.
Dalam keuangan Islam, prinsip maqasid membimbing evaluasi mata uang kripto dan sukuk digital.
Munculnya "ijtihad berorientasi maqasid" merepresentasikan inovasi metodologis yang mengintegrasikan ushul al-fiqh tradisional dengan pertimbangan maqasid.
Penelitian ini memperjelas bahwa maqasid al-syariah berfungsi bukan sebagai sumber hierarkis terpisah melainkan sebagai kerangka integral yang meresapi semua tingkat derivasi hukum.
Temuan menunjukkan metodologi ushul al-fiqh tradisional, ketika diintegrasikan dengan tepat dengan prinsip maqasid, tetap memadai untuk merealisasikan tujuan syariah dalam konteks modern, meskipun memerlukan aplikasi dinamis yang responsif terhadap realitas kontemporer.
Kata Kunci: Maqasid al-Shariah.
Teori Hukum Islam.
Fikih Islam.
Sumbersumber Hukum Islam.
Hukum Islam Kontemporer Introduction Maqasid al-shariah, referring to the higher objectives of Islamic law, has long been recognized as a crucial concept in Islamic legal thought.
From the perspective of legal argumentation, maqasid al-shariah plays a pivotal role in Islamic jurisprudence.
It serves as a fundamental basis and foundational framework for legal reasoning, particularly in addressing issues not explicitly delineated in the primary textual sources of the Quran and Hadith.
The argumentative validity of maqasid al-shariah is evident through its function in http://jurnal.
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DOI: 10.
22373/q4byre51 preserving the five essential elements of human existence, namely: religion, life, intellect, lineage and property.
The jurisprudential significance of maqasid al-shariah is manifest in its capacity to provide a hermeneutical framework for deriving legal rulings, especially in cases where explicit textual evidence is absent.
This teleological approach to Islamic law underscores the importance of understanding the overarching objectives of Shariah in the process of legal deduction and Moreover, the epistemological validity of maqasid al-shariah is substantiated by its comprehensive approach to safeguarding the quintessential aspects of human welfare.
This holistic paradigm encompasses the protection and promotion of religious beliefs, the sanctity of human life, the cultivation of intellectual faculties, the preservation of familial and social structures and the safeguarding of material resources.
These five fundamental objectives collectively form the cornerstone of Islamic legal theory and practice, providing a robust framework for juridical deliberation and ethical considerations in Islamic However, the precise position of maqasid within the hierarchy of Islamic legal sources and its exact role in the process of legal derivation have not been comprehensively elucidated by earlier Islamic scholars and jurists.
This ambiguity has given rise to various questions and challenges in the application of maqasid al-shariah in contemporary contexts.
Although the concept of maqasid has existed since the early days of Islam, its recognition as a significant component in usul al-fiqh has undergone a gradual and non-uniform evolution.
Al-Juwayni, in his AuAl-Burhan fi Usul al-FiqhAy, is considered among the earliest scholars to discuss maqasid systematically within the context of usul al-fiqh.
3 His student.
Al-Ghazali, further developed this concept in AuAl-MustasfaAy, linking maqasid with the concept of maslahah.
4 AlShatibi, in AuAl-MuwafaqatAy, brought about a major innovation by establishing maqasid as a fundamental basis in usul theory, asserting that understanding Zarul Arifin, "Kehujahan maqasid al-syariAoah dalam filsafat hukum Islam," ALAoADALAH: Jurnal Syariah dan Hukum Islam 5, no.
Ibrahim Musa Al-Shatibi.
AlMuwafaqat Fi Usul al-Shariah (Beirut: Dar al-Kotob al-Ilmiyah, 2.
Muhammad Nazir Alias et al.
, "Scientific approach as the basis for the formation of maqAid al-shar'ah concept and principles: a comparative study," Malaysian Journal of Syariah and Law (MJSL) 12, no.
Abd al-Malik Abdullah Al-Juwayni.
Al-Burhan Fi Usul al-Fiqh, ed.
Abd al-Adhim Mahmud Al-Dib (Qatar: Dar al-Wafa, 1.
Muhammad Muhammad Al-Ghazali.
Al-Mustasfa Min Ilm al-Usul (Beirut: Dar al-Kotob al-Ilmiyah, 1.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 maqasid is an essential prerequisite for a mujtahid .
urist capable of independent However, despite these significant developments, they have not fully resolved the question of the precise position of maqasid within the hierarchy of Islamic legal sources.
Is maqasid on par with primary sources such as the Quran and Sunnah? Or does it function merely as an interpretative tool? How does maqasid interact with secondary sources such as qiyas, istihsan and maslahah mursalah? These questions have not been comprehensively addressed by earlier More pressingly, in the context of an increasingly complex modern world, questions arise about how maqasid can be utilized to address contemporary issues not directly discussed in classical texts.
Have the traditional sources and methodological tools of Islamic jurisprudence that were established and extensively discussed by classical Muslim scholars - specifically qiyas, istihsan and maslahah mursalah - truly succeeded in achieving and realizing the higher objectives and purposes of Islamic law .
aqasid al-sharia.
or have they fallen short in this regard?? Or are new approaches required? This study aims to examine and analyze the actual position of maqasid alshariah within the framework of Islamic legal sources.
It will assess how maqasid interacts with other legal sources and how it can be effectively utilized in the process of legal derivation, particularly in addressing contemporary issues.
The study will also investigate whether the traditional approach to usul al-fiqh is still adequate for realizing maqasid in the modern context or whether methodological reforms are necessary.
By examining these questions, this research seeks to fill the gap in our understanding of the position and role of maqasid al-shariah within Islamic legal sources.
It aims to provide a clearer and more comprehensive framework for the application of maqasid in contemporary Islamic legal reasoning, thereby ensuring the relevance and efficacy of Islamic law in facing modern-day challenges.
The significance of this study lies in its potential to contribute to the ongoing scholarly discourse on the role of maqasid in Islamic legal theory and By clarifying the position of maqasid within the hierarchy of legal sources and its interaction with other methodological tools in usul al-fiqh, this research can provide valuable insights for jurists, scholars and policymakers engaged in Islamic legal reasoning and the formulation of contemporary fatawa .
egal opinion.
Moreover, this study's exploration of the adequacy of traditional usul alfiqh methodologies in realizing maqasid in the modern context could potentially pave the way for methodological innovations in Islamic legal theory.
Such innovations could enhance the capacity of Islamic law to address complex Al-Shatibi.
Al-Muwafaqat Fi Usul al-Shariah.
Ahmad Al-Raysuni.
Nazariyyah alMaqasid `Inda al-Imam Al-Shatibi, 2 ed.
(Herndon: The International Institute of Islamic Thought, http://jurnal.
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DOI: 10.
22373/q4byre51 contemporary issues while maintaining fidelity to its core principles and In essence, this research endeavors to bridge the gap between classical Islamic legal theory and contemporary legal challenges, offering a nuanced understanding of how maqasid al-shariah can be effectively positioned and utilized within the framework of Islamic legal sources to ensure the continued relevance and applicability of Islamic law in the modern world.
Maqasid al-shariah originates directly from the Quran and Sunnah through a process called istiqra', involving comprehensive study of Shariah texts6.
AlGhazali emphasizes that maqasid is known through the Quran.
Sunnah and Ijma', representing the overall implicit meaning .
afhum kull.
of the entire corpus of Shariah texts.
7 Al-Shatibi states that maqasid holds high epistemic authority as it derives from countless textual proofs, making it a robust conclusion rather than free interpretation.
8 Thus, maqasid represents the essence and main objectives implicit in revelatory texts, serving as an important framework for understanding and applying Islamic law in modern contexts.
Maqasid al-shariah serves as a fundamental guide in Islamic legal derivation, enabling jurists to formulate rulings based on underlying purposes rather than literal understanding alone.
As demonstrated by Sabir and Muher 9, it functions as a bridge between immutable texts and changing societal realities, serving as an essential instrument in both ijtihad istinbati and ijtihad tatbiqi.
Maqasid maintains Islamic law's flexibility while preserving fundamental principles, resolves conflicts between legal texts through tarjih and encourages development of responsive legal methodology, evident in the emergence of ijtihad maqasidi by scholars like al-Shatibi.
The Rashidun Caliphate, particularly Abu Bakr and Umar, demonstrated the significance of maqasid al-shariah in their jurisprudential decisions and Their approach reflected a profound understanding of the primary purposes of shariah and its importance in safeguarding the welfare of the Muslim For instance.
Umar's decision to discontinue zakat distribution to recent converts illustrates the adaptability of Islamic law to changing societal circumstances, provided it aligns with the maqasid al-shariah.
11 This underscores Alias Muhammad Nazir et al.
, "Scientific approach as the basis for the formation of maqAid al-sharAoah concept and principles: A comparative study," Malaysian Journal of Syariah and Law (MJSL) 12, no.
Al-Ghazali.
Al-Mustasfa Min Ilm al-Usul.
Al-Shatibi.
Al-Muwafaqat Fi Usul al-Shariah.
Muhammad Sabir and Abdul Muher, "Maqasid syariah dan metode penetapan hukum dalam konteks kekinian .
emahami korelasi antara keduany.
," TAHKIM 17, no.
Al-Shatibi.
Al-Muwafaqat Fi Usul al-Shariah.
Ahmad al-Khurasani Al-Bayhaqi.
Al-Sunan al-Kubra, ed.
Muhammad Abd al-Qadir Ata (Beirut: Dar al-Kotob al-Ilmiyah, 2.
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DOI: 10.
22373/q4byre51 the importance of flexibility in applying Islamic law to ensure its relevance in addressing contemporary challenges.
Umar's decision to refrain from distributing war-acquired lands to the army, instead imposing the tax .
,12 exemplifies the prioritization of public welfare over individual interests.
This action not only ensured a more equitable distribution of wealth but also secured a sustainable revenue source for the Islamic state, aligning with the maqasid al-shariah in preserving wealth and economic Similarly.
Umar's imposition of zakat on horses 13 demonstrates the capacity of Islamic law to evolve in response to novel situations for the benefit of Regarding social and moral issues.
Umar's prohibition of marriage to women of the Book14 and his ruling on the irrevocability of triple talaq pronounced in one instance15 highlight the importance of maqasid al-shariah in shaping a moral society and protecting the institution of family.
These decisions emphasize that legal rulings are not merely based on literal interpretations of texts but also consider long-term social and moral implications.
The increase in the punishment for alcohol consumption further illustrates how laws can be adjusted to more effectively achieve shariah objectives within contemporary contexts.
Uthman's decision to capture stray camels,17 despite its apparent contradiction with a hadith, exemplifies the importance of balancing textual evidence with current realities.
This indicates the caliphs' understanding of the need to interpret and apply Islamic law within a broader context, always considering maqasid al-shariah as a guiding principle.
In conclusion, the approach of the Rashidun Caliphate in determining laws based on maqasid al-shariah demonstrates the concept's importance in ensuring Islamic law remains relevant, just and capable of addressing contemporary issues.
It proves that maqasid al-shariah is not merely theoretical but serves as a practical foundation for dynamic and responsive legal determinations that meet societal This approach enables Islamic law to continually evolve and adapt to changing times while maintaining its fundamental principles and primary Ya'qub Abu Yusuf.
Kitab al-Kharaj (Cairo: Matba'ah al-Salafiyah, 1.
Ali Muhammad Al-Mawardi.
Al-Hawi al-Kabir Fi Fiqh Madhhab al-ImAm al-Syafi`i Wa Huwa Syarh Mukhtasar al-Muzani, ed.
Ali Muhammad Mu`awwad and Adil Ahmad Abd Al-Mawjud (Beirut:
Dar al-Kotob al-Ilmiyah, 1.
Yusuf Abdullah Ibn Abdul Barr.
Al-Istidhkar, ed.
Salim Muhammad 'Ata and Muhammad 'Ali Mu'awwad (Beirut: Dar al-Kutub al-'Ilmiyyah, 2.
Abd al-Razzaq Humam Al-Humayri Al-San`ani, al-Musannaf, ed.
Habib al-Rahman Al-Azami (Beirut: al-Maktab al-Islami, 1.
Ibn Hajjaj Al-Naysaburi Muslim.
Sahih Muslim, ed.
Abu Qutaybah Nazar Muhammad Al-Faryabi (Riyadh: Dar Al-Tayyibah, 2.
Ahmad Muhammad Al-Tahawi.
Sharh Ma`ani Al-Athar (Cairo: Alam El-Kotob, 1.
Ibn Abdul Barr.
Al-Istidhkar.
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ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 The Importance of Maqasid al-Shariah and Its Functions Maqasid al-Shariah represents the higher objectives of Islamic law, serving as the cornerstone of Islamic jurisprudence that promotes human welfare while addressing contemporary challenges.
This framework enables scholars to interpret Islamic law focusing on substance over form, as demonstrated in financial contracts where scholars evaluate both technical Shariah compliance and broader objectives of protecting wealth and economic justice.
The Malaysian Islamic banking system exemplifies this, evaluating products against specific prohibitions like riba and broader economic well-being objectives.
In social contexts.
Maqasid al-Shariah strengthens family institutions through marriage regulations that prevent illegal marriages via proper documentation and guardian consent19 and evaluates traditional customs like Sasak divorce practices .
against principles protecting family welfare.
The framework promotes peaceful coexistence by emphasizing justice, freedom, and equality,21 with Manas and Siddeek showing how these principles foster social harmony across cultures.
For international relations.
Maqasid al-Shariah serves as an evaluative framework for Islamic countries assessing global treaties' alignment with Islamic The ethical dimensions extend to personal spiritual development, where Norman and Ruhullah explore how soul purification .
azkiyat al-naf.
connects with achieving higher Shariah objectives,24 recognizing that legal compliance alone is insufficient without internalizing ethical values.
Contemporary developments have expanded Maqasid beyond traditional boundaries, with Tazul Islam proposing Maqasid al-Qur'an as a broader paradigm Mohd Shukor Bin Mohd Ishak and Fadhilah Adibah Binti Ismail, "The Role of Maqasid Al-Shariah in Applying Fiqh Muamalat into Modern Islamic Banking in Malaysia," Journal of Islamic Accounting and Business Research 11, no.
Rafeah Saidon et al.
, "Preventing illegal marriages in the light of Maqasid Al-Shariah," Pertanika Journals 25, no.
S .
Doni Azhari et al.
, "Beseang (Customary Divorc.
in Sasak Society from the Perspective of Maqasid Al-Shariah," Malaysian Journal of Syariah and Law 12, no.
Mursyid Djawas and Sri Astuti A.
Samad, "Conflict.
Traditional, and Family Resistance:
The pattern of Dispute Resolution in Acehnese Community According to Islamic Law " Samarah:
Jurnal Hukum Keluarga dan Hukum Islam 4, no.
Shayuthy Abdul Manas and Mohamed Ibrahim Mohamed Siddeek, " Peaceful Coexistence in The Light of Objectives of ShariaAoh," Global Journal Al-Thaqafah (GJAT) 6, no.
Mohd Yusob et al.
, "Maqasid al-Shariah as a Parameter for Islamic Countries in Screening International Treaties Before Ratification: An Analysis," Pertanika Journal of Social Sciences & Humanities 23, no.
S .
Nurul Ain Norman and Mohammad Eisa Ruhullah, "Exploring The Ethical Dimensions of Fiqh: The Role of The Soul in Achieving Maqasid Al-Shari'ah," Al-Shajarah: Journal of The International Institute of Islamic Thought and Civilization (ISTAC) 29, no.
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ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 encompassing entire Islamic discourse.
25 This expansion includes integrating Maqasid with ESG principles in Takaful operations26.
Recent scholarship demonstrates practical applications in family law, including inheritance rights of children born out of wedlock and marriage compatibility concepts.
Community development integration includes zakat empowerment programs for fishing communities and family resilience in post-disaster Modern applications address domestic violence prevention and digital age challenges, with studies on Applied Behavior Analysis therapy for autistic children showing how Maqasid frameworks guide modern therapeutic approaches within Islamic ethical parameters.
Sources of Islamic Law Islamic law sources form the foundation of Islamic legislation and are divided into agreed-upon and disputed sources.
The agreed-upon sources (Muttafaq 'Alaih.
consist of four primary sources:
The Quran serves as the primary source, encompassing both general principles .
ustice, proportional punishment, trade permissibilit.
and specific detailed laws .
nheritance distribution, hudud penalties, marriage prohibition.
This dual approach enables the Quran to function comprehensively, establishing timeless principles while providing detailed legal guidance.
Tazul Islam, "Expansion of Maqasid Thought Beyond Maqasid Al-Shariah: Maqasid AlQuran As A New Paradigm," Hamdard Islamicus 45, no.
Fahru Azwa Mohd Zain et al.
, "Integrating environmental, social and governance (ESG) principles with Maqasid al-Shariah: a blueprint for sustainable takaful operations," International Journal of Islamic and Middle Eastern Finance and Management 17, no.
Anas Maulana et al.
, "Inheritance Rights of Nasabiyyah Children Born Out of Wedlock According to Islamic Family Law," El-Usrah: Jurnal Hukum Keluarga 7, no.
Zuliza Mohd Kusrin et al.
, "Muslim in Malaysia Understanding in Regards to the Concept of Compatibility (KafaAoa.
in Islamic Marriage," El-Usrah: Jurnal Hukum Keluarga 7, no.
Hukmiah Husain et al.
, "Zakat and Empowerment of the Bajo Tribe Fishing Community in Bone.
South Sulawesi: Collaboration between BAZNAS and the Ministry of Religion," ElUsrah: Jurnal Hukum Keluarga 7, no.
Imron Rosyadi et al.
, "Realizing Post-Disaster Sakinah Families: Analysis of the Resilience of Semeru Eruption Survivors' Families at the Relocation Site from the MaqAid al-SharAoah Perspective," El-Usrah: Jurnal Hukum Keluarga 7, 2 .
Siti Nurjanah et al.
, "Mitigating the Digital Age Impact: Collaborative Strategies of State and Religious Institutions for Family Harmony in Indonesia," El-Usrah: Jurnal Hukum Keluarga 7, no.
Raihana Zainal Abidin and Nur Wakhidah Muhammad Nazir Alias, "The Importance of Applied Behavior Analysis (ABA) Therapy in Nurturing Children with Autism Spectrum Disorder (ASD) According to MaqAid al-SharAoah," El-Usrah: Jurnal Hukum Keluarga 7, no.
, p.
Muhammad Mustafa Al-Zuhayli.
Al-Wajiz Fi Usul al-Fiqh, 2 ed.
(Damascus: DAr alKhayr, 2.
Wahbah Al-Zuhayli.
Usul al-Fiqh al-Islami (Dimashq: Dar El Fikr, 1.
Al-Zuhayli.
Usul al-Fiqh al-Islami.
Abdullah Yusuf Al-Anzi.
Taysir Ilm Usul Al-Fiqh (Beirut: Muassasah al-Rayyan, 1.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 The Sunnah of the Prophet, the second source, encompasses the Prophet Muhammad's sayings, actions and approvals, serving to clarify and complement Quranic laws.
It comprises three types: Sunnah Qauliyyah .
poken hadiths like Auactions are judged by intentionsA.
Sunnah Fi'liyyah (Prophet's worship practices and action.
and Sunnah Taqririyyah (Prophet's approval of companions' actions through silence or consen.
These three types provide comprehensive guidance complementing Quranic teachings.
Ijma' represents the consensus of mujtahids from the Muslim community on specific legal rulings.
It occurs in two forms: ijma' sarih .
xplicit agreement through words or action.
and ijma' sukuti .
ome scholars issue rulings while others remain silen.
While ijma' sarih is widely accepted, ijma' sukuti remains debated - accepted by Hanafi.
Maliki and Hanbali schools but rejected by Shafi'i and Zahiri schools33.
Qiyas, the fourth source, involves analogical reasoning between cases lacking explicit texts and those with texts based on shared 'illah .
egal caus.
Used when no clear text exists from Quran.
Sunnah or ijma', qiyas allows extending rulings - for example, analogizing alcohol prohibition to drugs based on their shared intoxicating nature.
The disputed sources (Mukhtalaf Fi.
of Islamic law consist of four main categories that scholars debate regarding their validity and application:
Istihsan represents a legal methodology where a qualified jurist .
chooses to abandon an apparent analogical reasoning .
iyas jal.
in favor of a less obvious but more suitable analogy .
iyas khaf.
or creates an exception to a general principle when compelling evidence supports such departure.
Primarily used by the Hanafi school, it includes choosing between differing qiyas and making exceptions for public interest.
For example, while trustees generally aren't liable for damage without negligence, istihsan makes general workers like mechanics responsible for client property damage unless unavoidable, protecting public interests despite differing from general principles.
Maslahah Mursalah refers to interests not specifically mentioned in shariah texts.
36 It comprises three types: maslahah mu'tabarah .
hariahrecognized interests like protecting lif.
, maslahah mulghah .
hariah-rejected interests like usur.
and maslahah mursalah .
nterests lacking specific texts like prisons or military registration during Umar's tim.
Shafi'i and Hanafi schools Al-Zuhayli.
Usul al-Fiqh al-Islami.
Al-Zuhayli.
Usul al-Fiqh al-Islami.
Al-Zuhayli.
Usul al-Fiqh al-Islami.
Al-Ghazali.
Al-Mustasfa Min Ilm al-Usul.
Al-Zuhayli.
Al-Wajiz Fi Usul al-Fiqh.
Muhammad Said Ramadan Al-Buti.
Dawabit al-Maslahah Fi al-Shariah al-Islamiyyah (Beirut: Mu'assasah al-Risalah, 1.
Al-Ghazali.
Al-Mustasfa Min Ilm al-Usul.
http://jurnal.
ar-raniry.
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DOI: 10.
22373/q4byre51 reject it as independent proof, while Maliki and Hanbali schools accept it for addressing societal needs38.
AoUrf .
refers to widely accepted societal practices 39.
It includes Aourf sahih .
alid customs not contradicting Quran or Sunnah, like removing shoes indoor.
and Aourf fasid .
nvalid customs contradicting texts or causing harm, like Hanafi and Maliki schools accept it as independent source, while Shafi'i views it as secondary.
Acceptance requires widespread practice and noncontradiction of texts or ijma'.
Sadd al-dhara'i involves prohibiting permissible matters likely leading to harm or prohibited actions.
Maliki and Hanbali schools accept it as law source, while Hanafi and Shafi'i reject it unless based on shariah evidence.
All scholars accept examples like prohibiting insulting non-Muslim idols to prevent insulting Allah.
These disputed sources enable Islamic law to address contemporary issues lacking clear texts, with usage varying by school of thought, ensuring shariah remains relevant while adhering to fundamental principles.
The methodology of this study incorporates several approaches to comprehensively analyze the position of maqasid al-shariah within the sources of Islamic law.
Document analysis is extensively employed throughout the study, particularly in examining primary sources such as the Quran.
Sunnah and the works of both classical and contemporary Islamic scholars.
Comparative analysis is utilized in sections investigating the interaction of maqasid with various Islamic legal sources, including ijma', qiyas, istihsan, maslahah mursalah.
Aourf and sadd al-dharaAoi.
Conceptual and thematic analyses are employed in parts that delve into the core concepts of maqasid and identify significant themes in discussions regarding its position within Islamic legal sources.
An interdisciplinary approach is implemented in sections integrating understanding from the fields of usul alfiqh .
rinciples of Islamic jurisprudenc.
, fiqh (Islamic jurisprudenc.
and maqasid al-shariah.
This combination of methodologies facilitates a deep and multidimensional analysis, yielding a comprehensive understanding of the position of maqasid al-shariah within the framework of Islamic legal sources.
The multi-faceted approach allows for a nuanced examination of both theoretical foundations and practical applications of maqasid in Islamic legal theory and By employing these diverse methodological tools, the study aims to Al-Zuhayli.
Usul al-Fiqh al-Islami.
Syaripuddin, "Maslahat as considerations of islamic law in view Imam Malik," Samarah 4, no.
Al-Zuhayli.
Usul al-Fiqh al-Islami.
Al-Zuhayli.
Usul al-Fiqh al-Islami.
Al-Zuhayli.
Usul al-Fiqh al-Islami.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 provide a holistic view of the subject matter, bridging historical perspectives with contemporary relevance and theoretical constructs with practical implications.
The intricate relationship between usul al-fiqh .
rinciples of Islamic jurisprudenc.
and maqasid al-shariah .
bjectives of Islamic la.
represents a fundamental aspect of Islamic legal theory.
This relationship is characterized by a dynamic interplay that significantly influences the interpretation and application of Islamic law in both historical and contemporary contexts.
Usul al-fiqh, as the methodological framework for deriving Islamic legal rulings, provides the essential tools and principles for interpreting primary sources of Islamic law, namely the Quran and Sunnah.
It encompasses a range of hermeneutical techniques, including linguistic analysis, analogical reasoning .
and consensus .
jma'), among others42.
These methodologies enable jurists to extrapolate legal rulings from textual sources and apply them to novel situations.
Maqasid al-shariah, on the other hand, represents the higher objectives and overarching purposes of Islamic law.
Traditionally categorized into five primary objectives - the preservation of faith, life, intellect, lineage and property - maqasid al-shariah provides a teleological framework for understanding the intent behind divine legislation.
An Analysis of the Position of Maqasid within the Sources of Islamic Law .
The Quran The relationship between maqasid al-shariah and the Quran is fundamental, with the Quran serving as the primary source of Islamic jurisprudence through complex textual exegesis and teleological considerations.
The Quran functions not merely as legal injunctions but as a comprehensive guide embodying principles that form maqasid al-shariah's foundation.
Key aspects of this relationship include:
Textual Foundations: Quranic verses directly articulate divine legislation purposes, such as Islam being sent as mercy to all worlds .
, providing the basis for maslahah central to maqasid theory.
Verses emphasizing justice and prohibition of wrongdoing .
construct the ethical framework underpinning shariah objectives43.
Thematic Coherence: Extracting maqasid involves comprehensive study of recurring themes, commands and narratives.
Scholars analyze verses holistically to discern overarching goals behind specific injunctions44.
Al-Ghazali.
Al-Mustasfa Min Ilm al-Usul.
Al-Zuhayli.
Usul al-Fiqh al-Islami.
Muhammad Tahir Ibn Ashur.
Maqasid al-Shariah al-Islamiyyah, ed.
Muhammad alHabib Ibn al-Khujah (Qatar: Wizarah al-Awqaf Wa al-Shu'un al-Islamiyyah, 2.
Nu man Jughaym.
Turuq al-Kashf An Maqasid al-Shari (Amman: Dar al-Nafa'is.
Mithaq Sadiq Mahmud Al-Maliki, "Turuq al-Kashf An Maqasid al-Shariah Ind al-Buti:
Dirasah Wa al-Tatbiq," in Maqasid Al-Shari`ah: Konsep dan Pendekatan, ed.
and and (Kuala Lumpur: Jabatan Fiqh dan Usul Akademi Pengajian Islam Universiti Malaya, 2.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 Methodological Basis: The Quran provides methodological foundation through concepts like maslahah, 'adl .
and ihsan, becoming guiding principles for determining maqasid.
Verses emphasizing intellect and reflection .
:190-.
justify using ijtihad in contemporary Structural Implications: The Quran's structure reflects maqasid importance by accompanying legal rulings with explanations of their wisdom, indicating that understanding objectives is crucial as literal Hermeneutical Approaches: This relationship has generated various hermeneutical approaches, from literal interpretations to contextual readings, leading to debates on balancing textual fidelity with higher Contemporary Applications: The dynamic relationship enables flexibility in applying Islamic law to novel situations through ijtihad aligned with shariah's spirit and purpose48.
The organic, inseparable relationship between maqasid al-shariah and the Quran ensures Islamic law remains faithful to scriptural origins while responsive to societal needs, maintaining relevance while preserving fundamental principles.
The Sunnah The Sunnah, encompassing the sayings, actions and approvals of Prophet Muhammad .
eace be upon hi.
, constitutes the second primary source of Islamic jurisprudence after the Quran49.
It complements the Quran and plays a pivotal role in shaping maqasid al-shariah, providing practical examples and applications of divine guidance.
Key aspects of the relationship between Sunnah and maqasid al-shariah Textual Foundations: Numerous hadiths articulate the purposes behind divine legislation.
The hadith AuA( AyE OE AThere should be neither harming nor reciprocating har.
provides foundational basis for preventing harm, central to maqasid theory50.
Similarly, the hadith Au AuIIA Ibn Ashur.
Maqasid al-Shariah al-Islamiyyah.
Muhammad Saad Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi alAdillah al-Shar`iyyah (Al-Riyadh: Dar al-Hijrah, 1.
Nur al-Din Mukhtar Al-Khadimi.
Ilm alMaqasid al-Shariah .
l-Riyadh: Obekan Publishers & Booksellers, 2.
Yusuf Al-Qaradawi.
Dirasah fi Fiqh Maqasid al-Shariah: Bayna al-Maqasid alKuliyyah wa al-Nusus al-Juz'iyyah, 3 ed.
(Cairo: Dar al-Shuruq, 2.
Nur al-Din Mukhtar Al-Khadimi.
Al-Ijtihad al-Maqasidi: Hujjiyyatuh.
Dawabituh.
Majalatuh (Qatar: Wizarah al-Awqaf Wa al-Shu'un al-Islamiyyah, 1.
Al-Ghazali.
Al-Mustasfa Min Ilm al-Usul.
Muhammad al-Qazwini Ibn Majah.
Sunan Ibn Majah, ed.
Shuayb Al-Arna'ut et al.
(Beirut: Dar al-Risalah al-Alamiyyah, 2.
Hadith no.
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ar-raniry.
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php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 A( AyEIE EIOAActions are judged by intention.
highlights the importance of internal states aligning with external actions in maqasid analysis51.
Thematic Coherence: Extracting maqasid from Sunnah involves comprehensive study of recurring themes within hadith literature.
Scholars analyze hadiths holistically to discern overarching goals behind specific injunctions, revealing objectives related to wealth preservation and social justice52.
Methodological Basis: The Sunnah provides methodological foundations through concepts like maslahah, justice and ihsan.
The Prophet's endorsement of Mu'adh ibn Jabal's use of ijtihad when sent to Yemen justifies independent reasoning in understanding and applying maqasid in contemporary settings53.
Practical Implementation: The Sunnah demonstrates how maqasid are realized in daily life, reflecting balance between strict adherence to law and consideration of circumstances.
During hardship, the Prophet permitted concessions, embodying the maqasid of preventing hardship54.
Structural Implications: Hadith collections often accompany legal rulings with explanations of their wisdom, indicating that understanding objectives is as crucial as literal compliance55.
Hermeneutical Approaches: The relationship has generated various hermeneutical approaches, from literal interpretations to contextual Maliki and Hanafi schools often prioritize the spirit and objectives when literal interpretations might lead to hardship.
Contemporary Applications: This dynamic relationship allows flexibility in addressing contemporary issues.
Bioethical issues like organ transplantation are approached by considering the maqasid of preserving Contemporary Islamic legal methodology has evolved to address complex social issues, including the application of talfiq as a method for legal solutions.
Muhammad Ismail Al-Bukhari.
Sahih al-Bukhari, ed.
Mustafa Dib Al-Bugha (Damascus: Dar al-Yamamah, 1.
Hadith no.
Al-Qaradawi.
Dirasah fi Fiqh Maqasid al-Shariah: Bayna al-Maqasid al-Kuliyyah wa al-Nusus al-Juz'iyyah.
Jasser Auda, "Madkhal Maqasidi Li al-Ijtihad: Hall al-Ta`arus Wa Dalalah al-Maqsad Unmudhjayn," Islamiyyah al-Marifah 71 .
Sulayman Abu Dawud.
Sunan Abi Dawud (Cairo: Dar al-Hadith, 1.
Hadith no.
Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah al-Shar`iyyah.
Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah al-Shar`iyyah.
Al-Qaradawi.
Dirasah fi Fiqh Maqasid al-Shariah: Bayna al-Maqasid al-Kuliyyah wa al-Nusus al-Juz'iyyah.
Mohd Hafiz Jamaludin.
Ahmad Hidayat Buang, and Arip Purkon, "Talfq as A Method for Legal Solutions in Contemporary Islamic Law," AHKAM: Jurnal Ilmu Syariah 24, no.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 Epistemological Considerations: Deriving maqasid from Sunnah raises questions about hadith authenticity and human understanding of divine Scholars scrutinize chains of narration and texts to ascertain The relationship between maqasid al-shariah and Sunnah is organic and inseparable, ensuring Islamic law remains faithful to foundational sources while responsive to evolving societal needs, maintaining relevance while preserving fundamental principles.
IjmaAo Ijma' .
cholarly consensu.
holds a significant position in relation to maqasid alshariah through several key aspects:
Foundation of Maqasid al-Shariah: Ijma' serves as a foundational source for understanding shariah objectives.
By examining consensus reached by companions and subsequent generations, scholars can identify underlying objectives behind rulings.
Since companions received shariah directly from the Prophet and understood its wisdom, their consensus reveals embedded maqasid, confirming these objectives as divine will rather than personal opinions59.
Limiting Generality of Texts: When general texts may contradict maqasid al-shariah, ijma' helps restrict interpretations to align with shariah For example, while Quranic verses command fulfilling promises and contracts, scholarly consensus establishes that contracts must not contain prohibited elements or conflict with Islamic law principles, especially when they could undermine the preservation of Clarifying Ambiguous Texts: Ijma' clarifies general .
texts based on alignment with maqasid al-shariah.
For instance, the Quranic command to establish prayer was specified through companions' consensus as five daily prayers with designated times and methods, realizing the objective of preserving religion62.
Preventing Harm: Ijma' can prohibit apparently permissible matters that could lead to harm and contradict maqasid.
Scholars reached consensus prohibiting selling grapes to winemakers because, although selling grapes is generally permissible, selling to those making alcohol contradicts the Al-Ghazali.
Al-Mustasfa Min Ilm al-Usul.
Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah al-Shar`iyyah.
Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah al-Shar`iyyah.
Muhammad Ahmad al-Qurtubi Ibn Rushd al-Hafid.
Bidayah al-Mujtahid wa Nihayah al-Muqtasid (Cairo: Dar al-Hadith, 2.
Ibn Rushd al-Hafid.
Bidayah al-Mujtahid wa Nihayah al-Muqtasid.
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ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 objective of preserving intellect, thus blocking pathways to prohibited Establishing New Laws: For new issues lacking specific textual evidence, scholars engage in ijtihad based on general maqasid, focusing on benefit and harm prevention, then reach ijma'.
Examples include establishing price controls during oppression, creating prisons and compiling the Quran to preserve maqasid like protecting wealth, honor and promoting religion63.
Resolving Disputes: Ijma' resolves scholarly disagreements, maintaining ummah welfare and unity, which is included in maqasid al-shariah64.
For example, contemporary scholars' consensus declaring smoking haram based on medical evidence resolved earlier disputes, aiming to preserve life and health as primary shariah objectives.
In conclusion, ijma' ranks as the third most authoritative source after Quran and Sunnah, playing a crucial role in deriving rulings that realize maqasid al-shariah, serving as a guarantee for achieving these objectives and community welfare across time and place.
Qiyas Maqasid al-shariah plays a crucial role in qiyas .
nalogical reasonin.
within Islamic jurisprudence, ensuring legal rulings align with shariah's higher The position of maqasid within qiyas encompasses several key aspects:
Guidance in Identifying 'lah: Maqasid guides the identification of 'illah .
egal caus.
in qiyas.
Jurists must ensure the 'illah aligns with maqasid65.
For example, alcohol's prohibition is based on its intoxicating nature ('illa.
, serving the maqasid of preserving intellect.
Understanding maqasid ensures the 'illah is accurate and achieves shariah objectives.
Ensuring Suitability of Rulings: Maqasid ensures rulings derived through qiyas are appropriate for contemporary contexts.
When addressing new issues, maqasid provides a framework for assessing whether rulings fulfill shariah objectives66.
For instance, extending zakat to modern assets like currency and stocks maintains alignment with social justice goals.
Contemporary scholarship has developed frameworks for Abd Al-Wahhab Khallaf.
Al-Siyasah al-Shar`iyyah, 6 ed.
(Beirut: Mu'assasah alRisalah, 1.
Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah al-Shar`iyyah.
Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah al-Shar`iyyah.
Abd al-Rahman Al-Kaylani.
Qawaid al-Maqasid Ind al-Imam al-Shatibi (Beirut: Dar El Fikr.
Yusuf Al-Qaradawi, "Bayn al-Maqasid al-Kulliyyah Wa al-Nusus al-Juz'iyyah: Dirasah Fi Fiqh Maqasid al-Shariah," in Maqasid al-Shariah al-Islamiyyah: Dirasat Fi Qadaya al-Manhaj Wa Majalat al-Tatbiq, ed.
Muhammad Sulaym Al-Awwa (London: Al-Furqan Islamic Heritage Foundation, 2.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 analyzing modern financial instruments, including crypto assets, within Islamic parameters67.
Deepening Understanding of Legal Wisdom: Maqasid enables jurists to understand the wisdom behind legal rulings, viewing law from both literal and broader ethical perspectives68.
The prohibition of riba, for example, is understood not merely as a financial issue but as preserving justice and societal welfare.
Addressing Contemporary Needs: Since legal texts cannot address every emerging issue, maqasid provides dynamic solutions within shariah Zakat laws originally referred to specific wealth types .
old, silver, livestoc.
, but through qiyas, these extend to modern forms like stocks and bonds, realizing zakat's maqasid of wealth redistribution for social justice.
Accommodating Human Diversity: Maqasid in qiyas allows consideration of individual circumstances.
If the 'illah is present, the ruling applies.
if absent, it may be waived, providing flexibility and preventing hardship69.
For example, sick individuals and travellers may break their Ramadan fast based on the 'illah of hardship, aligning with maqasid al-shariah.
Establishing Consistency in Rulings: Accurate application of maqasid in qiyas prevents contradictions among shariah rulings, maintaining Islamic law's authority70.
For instance, qisas .
for intentional murder extends to indirect killing methods .
oisoning, drownin.
because the 'illah of intentional killing exists in all forms, demonstrating that Islamic law evaluates crimes based on consequences, not merely form.
In conclusion, maqasid al-shariah holds a vital position within qiyas, providing guidance in identifying 'illah and ensuring rulings are relevant, consistent and aligned with shariah's higher objectives.
This integration enables Islamic law to evolve and meet societal needs while remaining faithful to foundational principles, achieving justice, welfare and goodness for all.
Istihsan Istihsan represents a sophisticated legal methodology in Islamic jurisprudence, not merely personal preference71.
The position of maqasid alshariah within istihsan is pivotal and manifests through two primary aspects:
Mustafa Omar Mohammed.
Mohamed Cherif El Amri, and Ayman Mohammad Bakr, "Guiding Fiqh Analysis of Crypto Assets: A Proposed Framework," Ahkam: Jurnal Ilmu Syariah 24, no.
Ahmad Al-Raysuni.
Maqasid al-Maqasid (Cairo: Dar al-Kalimah Li al-Nashr Wa alTawzi`, 2.
Ibn Ashur.
Maqasid al-Shariah al-Islamiyyah.
Ahmad Al-Raysuni.
Al-Fikr al-Maqasidi Wa Qawa`iduh Wa Fawa'iduh (Al-Ribat:
Jaridah al-Zaman, 1.
Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah al-Shar`iyyah.
Al-Zuhayli.
Usul al-Fiqh al-Islami.
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ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 Preference of Qiyas Khafi over Qiyas Jali:
Qiyas jali is explicit analogy while qiyas khafi is subtle analogical reasoning.
Istihsan sometimes prioritizes qiyas khafi when it better aligns with maqasid alshariah.
Example: Agricultural Land Lease Payments A Qiyas Jali: Compares agricultural leases to residential rentals .
ayment required upfron.
A Qiyas Khafi: Compares agricultural leases to muzara'ah system where profit distribution occurs post-harvest72.
A Istihsan Decision: Qiyas khafi is preferred as it serves maqasid of preserving wealth and life of farmers, acknowledging their potential lack of initial capital and agricultural uncertainties.
Post-harvest payments reduce risks and hardships.
Exemption from General Principles:
Istihsan permits exceptions to general rules for specific cases to prevent hardship or achieve greater benefit .
Example: The Istisna' Contract A General Principle: Islamic law prohibits selling non-existent goods due to gharar .
A Specific Case: Istisna' contract .
anufacturing orde.
A Istihsan Decision: Despite the general prohibition, istihsan allows istisna' contracts based on societal needs and to facilitate commerce .
ligning with hajiyyat .
omplementary need.
in maqasi.
This serves preserving wealth and facilitating human affairs, with specific conditions to minimize In both scenarios, maqasid al-shariah guides legal decision-making.
Istihsan involves thorough examination of Shariah objectives, allowing flexibility without compromising fundamental principles.
This demonstrates Islamic law's adaptability to diverse situations and temporal changes, showing Shariah as a responsive system that addresses societal needs while adhering to core principles.
Maslahah Mursalah Maslahah mursalah refers to public interests identified by human reasoning without explicit textual support or rejection in Islamic law74.
It aligns with Shariah's general objectives but differs from maqasid al-Shariah, which derives directly from revealed texts.
The key distinction is their origins: maslahah mursalah comes from human reasoning, while maqasid al-Shariah is rooted in Abu Bakr Mas`ud Al-Kasani.
Bada'i al-Sana'i fi Tartib al-Shari'i (Beirut: Dar al-Kotob al-Ilmiyyah, 1.
Ibn Rushd al-Hafid.
Bidayah al-Mujtahid wa Nihayah al-Muqtasid.
Al-Zuhayli.
Usul al-Fiqh al-Islami.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 scripture and categorized as masalih mu'tabarah .
enefits explicitly recognized by Islamic la.
The Shafi'i School's Approach: The Shafi'i school accepts maqasid alShariah for legal rulings but adopts a restrictive approach to maslahah mursalah75.
They ensure only public interests genuinely supporting maqasid al-Shariah are considered valid.
This caution prevents deviations in legal determinations, as equating human-perceived benefits with maqasid al-Shariah risks allowing unqualified parties to define Shariah objectives based on personal inclinations76.
Maqasid as Evaluative Framework: Maqasid al-Shariah serves as an arbiter for evaluating changing public interests, functioning as Shariah's enduring AospiritAo while maslahah represents its adaptable practical manifestation.
For example, in evaluating modern technology for religious practices .
igital Quran apps.
GPS-based Qibla finder.
, maqasid al-Shariah determines whether these support preserving religion .
ifz al-di.
Enabling Flexibility: Maqasid al-Shariah allows flexibility in accepting new forms of maslahah without compromising Islamic principles.
It provides scope for ijtihad based on temporal and spatial changes.
In contemporary financial transactions like e-commerce or digital currencies, maqasid principles such as wealth preservation .
ifz al-ma.
and transactional justice assess their Shariah Recent Islamic banking developments demonstrate this, where shared values accommodate diverse communities while maintaining Islamic principles77 (Alidar et al.
, 2.
Catalyzing Innovation: Understanding maqasid al-Shariah encourages creative solutions for contemporary issues.
In Islamic home financing, comprehension of maqasid regarding wealth preservation and usury prohibition has spurred innovations like musharakah mutanaqisah .
iminishing partnershi.
, meeting modern financing needs while maintaining Shariah principles.
In conclusion, maqasid al-Shariah's role in accommodating evolving maslahah is crucial for Islamic law's continued relevance.
It guides the evaluation, filtering and acceptance of changing public interests while preserving fundamental Islamic principles, enabling Muslims to adhere to Shariah in an everchanging world without compromising their faith's fundamental values.
AoUrf The position of maqasid al-Shariah within the context of Aourf .
is both significant and integral.
Maqasid al-Shariah serves as a filter to determine whether a particular Aourf can be accepted as Aourf sahih .
alid custo.
or should Al-Ghazali.
Al-Mustasfa Min Ilm al-Usul.
Alias Muhammad Nazir.
Mokhtar Ahmad Irdha, and Mohd Kashim Mohd Izhar Ariff.
Maqasid Syariah Sebagai Asas Penentuan Hukum Syarak (Bangi: Penerbit UKM, 2.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 be rejected as Aourf fasid .
orrupt custo.
This is because the primary objective of Shariah is to achieve public interest .
and to avert harm, which lies at the core of maqasid al-Shariah.
Customs that support the attainment of maqasid al-Shariah are more likely to be accepted.
For instance, the practice of providing a dowry in marriage within certain communities can be evaluated through the lens of maqasid al-Shariah.
If this practice is seen to support the maqasid of wealth preservation .
ifz al-ma.
by assisting couples in starting a new life together and the maqasid of lineage preservation .
ifz al-nas.
by promoting marriage, it can be accepted as Aourf sahih.
However, if the amount of the dowry becomes excessively high to the point of hindering marriage, it may be deemed contrary to maqasid al-Shariah.
Maqasid al-Shariah also plays a crucial role in facilitating the evolution of Aourf in accordance with changing times and contexts, provided that such evolution does not conflict with the objectives of Shariah.
For example, in the realm of muamalat .
, the custom of business has shifted from physical transactions to e-commerce.
The maqasid of wealth preservation .
ifz al-ma.
and the principle of justice in transactions allow for the acceptance of e-commerce as a new Aourf, as long as it meets the contractual requirements of Islam and does not contain prohibited elements such as riba or gharar.
In conclusion, the position of maqasid al-Shariah in the context of Aourf serves as a primary guide in evaluating, accepting and applying Aourf within Islamic law.
It ensures that the flexibility permitted through the concept of Aourf does not deviate from the primary objectives of Shariah.
In this way, maqasid alShariah enables Islamic law to remain relevant and responsive to social changes while safeguarding the fundamental principles of Islam.
This approach demonstrates the adaptability of Islamic law in addressing cultural diversity and changing times, without compromising its original purpose of achieving the welfare of humanity in this world and the hereafter.
Sadd al-DharaAoi Maqasid al-Shariah plays a pivotal role in sadd al-dhara'i .
locking the means to har.
, forming a foundation for comprehensive legal decision-making in Islamic jurisprudence.
This relationship manifests through several key aspects (Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah alShar'iyya.
Guide for Assessing Potential Harm: Maqasid al-Shariah guides assessment of potential harm from certain actions.
For example, selling weapons during civil unrest is prohibited despite arms trade being fundamentally permissible, because it could exacerbate bloodshed.
This Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah al-Shar`iyyah.
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ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 aligns with preserving life .
ifz al-naf.
, one of the five primary Balancing Short-term Benefits vs Long-term Risks: Maqasid facilitates holistic consideration of immediate benefits against future harm.
The prohibition of ketum (Southeast Asian tree with addictive compound.
exemplifies this - despite potential economic benefits, it's prohibited due to detrimental effects on health, intellect and society, corresponding with preserving intellect .
ifz al-'aq.
and life.
Adapting to Contemporary Contexts: Maqasid enables Islamic law adaptation without compromising principles.
Driving under intoxication, though non-existent in early Islamic times, is prohibited based on sadd aldhara'i to preserve life and property.
Considering Societal Implications: Maqasid ensures decisions consider long-term societal effects beyond technical aspects.
Toxic waste disposal in public water sources is prohibited despite being economical, due to harm to public health and environment, aligning with preserving life and progeny .
ifz al-nas.
Examples with Scholarly Consensus:79 A Digging holes in public roads: Prohibited due to potential harm, preserving life A Placing poison in public food: Forbidden as it endangers public lives A Selling grapes to winemakers: Prohibited as it may lead to intoxicant production, preserving intellect In conclusion.
Maqasid al-Shariah's position in sadd al-dhara'i is highly significant, providing theoretical basis for legal decisions while ensuring alignment with Islamic law's broader purposes.
This integration enables meaningful, just and relevant application of Islamic law to modern challenges while preserving Shariah's core values and primary objectives.
Contemporary Applications in Southeast Asian Context The application of maqasid al-shariah in contemporary Islamic jurisprudence within Malaysia and Indonesia demonstrates significant practical implications for modern legal reasoning.
In Malaysia, the integration of maqasid principles in Islamic banking regulations has led to innovative financial products that balance Shariah compliance with market demands.
80 The Securities Commission Malaysia's Shariah Advisory Council frequently employs maqasid- Al-Yubi.
Maqasid al-Shariah al-Islamiyyah Wa Alaqatuha Bi al-Adillah al-Shar`iyyah.
Ishak and Ismail, "The Role of Maqasid Al-Shariah in Applying Fiqh Muamalat into Modern Islamic Banking in Malaysia.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 based reasoning in evaluating new financial instruments, particularly in determining the permissibility of cryptocurrency trading and sukuk structures.
Indonesian Islamic jurisprudence has similarly embraced maqasid alshariah in addressing contemporary issues.
The Indonesian Ulema Council (MUI) has utilized maqasid principles in formulating fatwas on modern biotechnology, including stem cell research and genetic engineering, where traditional texts provide limited guidance82.
The preservation of life .
ifz al-naf.
and intellect .
ifz al-aq.
as primary maqasid have been instrumental in these deliberations.
In family law, both Malaysian and Indonesian Islamic courts have applied maqasid reasoning in cases involving polygamy permissions, child custody disputes and divorce proceedings83.
The emphasis on protecting family welfare .
ifz al-nas.
has led to more stringent requirements for polygamy approval and enhanced protection for women's rights in divorce settlements.
Practical Implications for Contemporary Fatwa Formulation The position of maqasid al-shariah within Islamic legal sources has direct implications for contemporary fatwa formulation in Muslim-majority countries.
Religious authorities increasingly rely on maqasid-based reasoning when addressing issues absent from classical texts, such as organ transplantation, artificial intelligence ethics and environmental protection.
Case Study - COVID-19 Pandemic Response: During the COVID-19 pandemic.
Malaysian and Indonesian religious authorities utilized maqasid alshariah to justify temporary suspension of congregational prayers and modification of Hajj procedures.
The preservation of life .
ifz al-naf.
took precedence over the literal observance of religious obligations, demonstrating the practical application of maqasid in crisis situations.
Case Study - Digital Islamic Finance: The emergence of digital Islamic finance platforms in both countries has required extensive maqasid-based 85 Regulators have evaluated blockchain-based sukuk, peer-to-peer Mohammed.
Amri, and Bakr, "Guiding Fiqh Analysis of Crypto Assets: A Proposed Framework.
Faroque Amin, "Applicability of Islamic methodology concerning novel issues to the organ transplantation in religious scholarsAo contemporary discourse," Religions 21, no.
Saidon et al.
, "Preventing illegal marriages in the light of Maqasid Al-Shariah.
Azhari et al.
, "Beseang (Customary Divorc.
in Sasak Society from the Perspective of Maqasid AlShariah.
Amin, "Applicability of Islamic methodology concerning novel issues to the organ transplantation in religious scholarsAo contemporary discourse.
Mohammed.
Amri, and Bakr, "Guiding Fiqh Analysis of Crypto Assets: A Proposed Framework.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 Islamic financing and digital zakat collection systems through the lens of wealth preservation .
ifz al-ma.
and prevention of exploitation86.
Methodological Implications for Modern Ijtihad This study's findings reveal significant methodological implications for contemporary ijtihad processes87.
The integration of maqasid al-shariah with traditional usul al-fiqh methodologies has led to the development of what contemporary scholars term "maqasid-oriented ijtihad" .
l-ijtihad al-maqasid.
In practice, this approach involves:89 Preliminary maqasid assessment of new issues Textual analysis guided by maqasid considerations Analogical reasoning .
that prioritizes maqasid alignment Evaluation of public interest .
within maqasid framework Final ruling formulation that explicitly addresses maqasid realization This methodology has been particularly evident in Malaysian Islamic Development Department (JAKIM) fatwa processes and Indonesian MUI deliberations, where committees now routinely conduct maqasid impact assessments before issuing religious rulings.
Research on talfq as a method for legal solutions in contemporary Islamic law shows how maqasid principles guide the integration of different jurisprudential approaches.
91 Studies on maqasid as parameters for international treaty screening demonstrate the broader applications of these principles in contemporary governance.
The expansion of maqasid thought beyond traditional boundaries, including the development of maqasid al-Quran as a new paradigm, reflects the Husain et al.
, "Zakat and Empowerment of the Bajo Tribe Fishing Community in Bone.
South Sulawesi: Collaboration between BAZNAS and the Ministry of Religion.
Al-Khadimi.
Al-Ijtihad al-Maqasidi: Hujjiyyatuh.
Dawabituh.
Majalatuh.
Usamah Muhammad Al-Shayban, "Istihmar al-Maqasid al-Shar`iyyah Fi al-Ijtihad," Majallah alJam`iyyah al-Fiqhiyyah al-Su`udiyyah 17 .
Muhammad Sabir and Abdul Muher, "Maqasid syariah dan metode penetapan hukum dalam konteks kekinian .
emahami korelasi antara keduany.
Al-Khadimi.
Ilm al-Maqasid al-Shariah.
Jasser Auda.
Re-envisioning Islamic Scholarship: Maqasid Methodology as a New Approach (Swansea: Claritas Books, 2.
AlButi.
Dawabit al-Maslahah Fi al-Shariah al-Islamiyyah.
Syaripuddin, "Maslahat as considerations of islamic law in view Imam Malik.
Alias et al.
, "Scientific approach as the basis for the formation of maqAid al-shar'ah concept and principles: a comparative study.
Jamaludin.
Buang, and Purkon, "Talfq as A Method for Legal Solutions in Contemporary Islamic Law.
Mohd Yusob et al.
, "Maqasid al-Shariah as a Parameter for Islamic Countries in Screening International Treaties Before Ratification: An Analysis.
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id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 evolving nature of maqasid applications in modern contexts93.
Contemporary scholarship on the ethical dimensions of fiqh emphasizes the role of spiritual considerations in achieving maqasid al-shariah94.
Conclusion This study has examined the position of maqasid al-shariah within Islamic legal sources, addressing a critical ambiguity that has persisted since the classical The research demonstrates that maqasid al-shariah does not occupy a separate hierarchical position competing with the Quran and Sunnah, but rather functions as an integral interpretative framework that permeates all levels of legal The findings reveal that maqasid maintains an organic relationship with primary sources, emerging as an inherent dimension that illuminates the divine wisdom underlying legal prescriptions.
With secondary sources, maqasid serves as a calibrating mechanism: guiding the identification of 'illah in qiyas, justifying departures from strict analogy through istihsan, distinguishing valid public interests in maslahah mursalah, filtering customary practices in Aourf and preventing potential harm through sadd al-dhara'i.
Contemporary applications in Malaysia and Indonesia demonstrate maqasid's practical significance.
The COVID-19 pandemic response and the evaluation of digital financial instruments illustrate how maqasid-based reasoning enables Islamic law to address unprecedented challenges while maintaining its ethical foundations.
The emergence of Aumaqasid-oriented ijtihadAy represents a methodological evolution that integrates traditional usul al-fiqh with maqasid considerations.
This research concludes that traditional usul al-fiqh methodologies remain fundamentally adequate for realizing shariah objectives in contemporary contexts when properly integrated with maqasid principles.
The perceived inadequacy stems not from the failure of traditional tools but from their mechanical application without conscious alignment with maqasid.
The study clarifies that maqasid functions not within a rigid hierarchy but as a pervasive framework operating across all legal sources, serving as the crucial bridge between textual fidelity and contextual The implications extend to contemporary Muslim jurists, who now have a coherent framework for addressing novel issues while maintaining methodological rigor, and to policymakers in Muslim-majority countries seeking to integrate Islamic legal principles with modern governance.
Future research should explore more sophisticated methodologies for maqasid-based ijtihad and investigate applications in emerging fields such as artificial intelligence ethics and environmental law.
In essence, maqasid al-shariah represents the soul that animates Islamic law - not an auxiliary concept but the golden thread weaving Islam, "Expansion of Maqasid Thought Beyond Maqasid Al-Shariah: Maqasid AlQuran As A New Paradigm.
Norman and Ruhullah, "Exploring The Ethical Dimensions of Fiqh: The Role of The Soul in Achieving Maqasid Al-Shari'ah.
http://jurnal.
ar-raniry.
id/index.
php/samarah The Position of Maqasid al-Shariah within Islamic Legal Sources Muhammad Nazir Alias, et.
DOI: 10.
22373/q4byre51 through all sources, ensuring coherence, relevance, and fidelity to divine Its proper understanding and application remain essential for Islamic law to fulfill its mission of securing human welfare, establishing justice, and manifesting divine mercy in human affairs.
References