By Nur Najihah binti Mohd Alias
Abstract
The doctrine of Maqasid Shariah serves as guidelines within Islamic jurisprudence and become fundamental objectives that must be obtain in implementing Islamic law. Maqasid Shariah outline purposes of the law in protecting the essential interest of human life, in accordance with Islamic teachings derived from Quran and Sunnah. This article examines how Maqasid Shariah can safeguard all human interest by executing justice, wisdom, and compassion in legal implementation. This research aims to reveal the concept of Maqasid Shariah brought by Islamic teachings is holistic and relevance to all humankind regardless of time and place. It also highlights the importance of adhering to divine orders in imposing Islamic law. Keywords
Maqasid Shariah, jurisprudence, objectives, Islamic law, welfare.
Introduction
Maqasid Shariah plays a significant role in shaping an Islamic legal system. Maqasid Shariah divided into three categories which are Darruriyyat (Essentials), Hajiyyat (Necessities) and Tahsinniyyat (Ratification). These aim to preserve human welfare through protection of religion, life, mind, lineage, and property. These interests uphold the protection of religion, life, intellect, lineage, and property in which set as foundation goal to preserve the excellence of Shariah in ensuring the well-being of humankind.[1] Maqasid Shariah synchronises the needs of human life to follow divine orders together with attaining worldly benefits. The essence of this doctrine is reflected through these three values, which comprehend the holistic view on how Islamic legal frameworks are integrated. Therefore, this article affirms that Islamic law is not rigid but dynamic as it is covering every aspect of human life without any form of injustice and imbalance.
Findings
The findings of this study represent that doctrine of Maqasid Shariah emphasizes the integration of these three fundamental values which are justice, wisdom, and compassion in judging legal matters. Each of these values have their own vital roles to determine whether the decision of the courts remains consistent and uphold the purposes of Shariah. With this dynamic system of law, it can harmonize our Islamic society as well as preserving the welfare of humankind. This study will break it down one-by-one how these fundamental values complement the usage of Shariah in shaping Ummah and build stronger legal constitution.
According to Dr. Tufail Ahmad Qureshi in his book, Justice (‘Adl) is “the equalization of burdens or the half load which bears the sense of judicial equity and rectitude.”[2] The word justice itself indicates fairness and transparency in judging human matters and addressing the right person in the right place and make sure no person deprived of their rights under the law. It is clearly declared in the Great Book of Allah, “Indeed, Allah commands you to return trusts to their rightful owners; and when you judge between people, judge with fairness.”(Nisa’ 4:58) Leaders need to assure that the exercising of the judgement must grounded with justice and honesty to maintain integrity along with remains obedient to Allah’s commands. It is not only applicable for legal principle but also encompasses moral and ethical obligations to one person to another regardless of their backgrounds, social end economic status.
As stated by Suud Sarim Karimullah, in Islamic law, Muslim and non-Muslim are equal subjected to have the same legal standards and protections in the eyes of law.[3] Deep understanding of justice is essential within the contemporary legal framework to create a balanced administration of law that sustain human right and aligned with Prophet SAW teachings. In relation to Hifz al-Mal (protection of wealth), justice goes through the process of the fair distribution of inheritance as ordained by Allah, to prevent monopoly of certain parties and injustice towards rightful owner. Similarly, the implementation of zakat exhibits justice through redistributing wealth to needy, thus maintaining social balance and preventing economic exploitation where the rich become richer and the poor become poorer.
Beyond justice, wisdom is foundational values to comprehending Islamic law. In Arabic, the word for wisdom is hikm which conveys “to prevents, curb; be strong” and sometimes means
to judge, hukm. Isra Yazicioglu defines wisdom as “preventing harm and guiding to good.”[4] In Islamic legal context, wisdom acts as guidance to ensure all the rulings or decisions made with rational thinking and logical reasoning together with moral consideration before giving judicial review on cases. As mentioned in Quran, “He gives wisdom to whom He wills, and whoever has been given wisdom has certainly been given much good. And none will remember except those of understanding.”[5]According to Al-Maududi in his Tafhim Al-Quran, perception and judgement denote the principle of wisdom which prioritise divine orders rather than worldly desires.[6] Leaders must use their intellect, critical thinking and moral insights in handling complicated cases to ensure every judgement cope properly aligns with Quranic verse.
Ayaz Khan in his journal said that wisdom is beyond mere thinking but as well as the ability to comprehend delicate thoughts and being able to draw a line between right and wrong. By applying to contemporary matters, it helps to understand and signifies the values of wisdom by connecting them to Ultimate God.[7] In Islamic jurisprudence, wisdom is manifested through the process of Ijtihad and Qiyas, where the scholars apply rational reasoning and analogical comparison to manage current issues arise in modern era that did not exist during the time of Prophet SAW.
For instance, the contemporary issue of test-tube fertilization (IVF) where the scholars apply logical reasoning whether to determine if it is permissible in Islam. This issue is closely related to Hifz al-Nasab (protection of lineage), as it is concerns of legitimate parentage. Scholars concluded that IVF is permissible when it involves between legal husband and wife without any involvements of a third party. Wisdom in establishing a new rule is necessary to prevent confusion and maintain clarity of Shariah, besides assure that any adaptation must remains consistent with Islamic teachings.
Apart of justice and wisdom, compassion (rahmah) upholds significant values of Shariah, which apply acts of mercy and understanding. Rahmah, according to Oxford Advanced Learner’s Dictionary, a kind and forgiving attitude that you have the power to harm and right to punish.[8] Rahmah also originates from the divine attributes of Allah Ar-Rahman, The Most Merciful towards His servants. This value also reflects in the personality of Prophet
Muhammad who was sent as “Rahmatan lil ‘Alamin”, a mercy to all mankind. As declared in
Quran, “And We have not sent you, Muhammad, except as a mercy to the worlds”[9]. Any actions and conducts of Prophet become examples for Muslim to act upon, especially in dealing with others. This shows how Islam emphasises the value of compassion in every aspect of life and teaches Muslim to treat others with kindness and fairness. In Islamic legal perspective, compassion symbolises the flexibility of Islam between justice and mercy to ensure that the application of the law does not lead to cruelty and excessive punishment but to accommodate with a suitable and appropriate punishment for wrongdoers.
The concept of mercy in Islam is universal where it not only transcends human feeling but governs social justice as well as morality. Unlike English law, which focuses more on reasoning and observation of legal precedents, Islamic law derives its foundation through divine revelation where compassion and fairness are crucial in administering the implementation of the law. Islam also upholds the concept of Rukhsah (concession), which allows ease and flexibility if the issue brings burden to a person. Rukhsah is the perfect example to demonstrate the excellence of Islamic law in addressing human limitations with the best methods and approaches.
For example, in modern case, during pandemic Covid-19, Muslim suffers a hardship in performing Friday congregational prayer due to health risks of being infected by virus as well as government restrictions. As stated by Mufti Wilayah Persekutuan, continuing congregational prayers during the pandemic may increase the risk of infection, therefore Friday congregational prayer announced to suspended, but replaced with Zuhur prayers at home.[10] In this situation, it clearly demonstrates how compassion and Rukhsah operate to achieve objectives of Shariah which is Hifz-nafs (protection of life). It glorifies that Islamic law is comprehensive and responsive towards modern issues in maintaining the consistency of existing law and flexibility over modern issues.
Conclusion
This study exhibits these three fundamental values which are justice, wisdom and compassion are integral in applying Islamic law as in to achieve the higher objectives of Maqasid Shariah. Justice fair and square judgement without any bias or discrimination. Wisdom, preventing harms as well as preserving good along with prioritising rational thinking over human emotions. Lastly, compassion, the acts of mercy and tolerance in facing hardships. Through the application of these values, Islamic legal system offers a far more holistic and comprehensive approaches in handling world matters, but Shariah remains preserving the consistency of rulings in Quran and Sunnah also protecting public welfare of Muslim.
Bibliography
Al-Maududi, S. A. (n.d.). Tafhim al-Qur’an.
Karimullah, S. S. (2023). The Relevance of the Concept of Justice in Islamic. Jurnal Ilmu Shariah dan hukum, 88.
Khan, A. (n.d.). The Qur’anic Concept of Wisdom. 2.
Laldin, M. A. (2006). Islamic Law An Introduction. Gombak: IIUM Press.
Oxford Learner’s Dictionaries. (n.d.).
Pejabat Mufti Wilayah Persekutuan. (13 MARCH, 2020). Retrieved from HUKUM SOLAT JUMAAT DALAM SUASANA COVID-19:
https://share.google/AzavmaJtgMpZsQkje
Quran. (n.d.).
Qureshi, T. A. (n.d.). Justice in Islam. Islamic studies, 2.
Yazicioglu, I. (2021). The Oxford Handbook of Wisdom and the Bible. United States: Oxford University Press.
[1] Laldin, Islamic Law An Introduction, 2006
[2] Qureshi, Justice in Islam
[3] Karimullah, The Relevance of the Concept of Justice in Islamic, 2023
[4] Yazicioglu, The Qur’anic Concept of Wisdom, 2021
[5] Quran 2:269
[6] Al-Maududi, Tafhim Al-Quran
[7] Khan, The Qur’anic Concept of Wisdom
[8] Oxford Learner’s Dictionaries,
[9] Quran 21:107
[10] Pejabat Mufti Wilayah Persekutuan – AL-KAFI #1657: Hukum Solat Jumaat Dalam Suasana COVID-19, 2020.