Maqasid al-Shari’a

Maqasid al-Shari’a, literally, “the aims or purposes of the law”. The term is used in works of legal theory (uṣūl al-fiḳh) and refers to the idea that God’s law, the Shariʿa, is a system which encompasses aims or purposes. If the system is correctly implemented, these aims will be achieved. (1)  The first one who mentioned this term was al-Tirmidhi Al-Hakim (d.318/936) (2) in his book about daily prayer where he explains that behind every move during daily prayer lies God’s intention for His own glorifying. (3)  
This term was used in scientific term firstly by al-Juwayni (died 478/1085). In his seminal work (al‐Burhan fi Usul al‐Fiqh) (4), he categorized Islamic law ruling’s intentions in five categories. The same scholar made fundament for methodology of Maqasid for all those who will be working later on Maqasid. Al-Juwayni is considered a pioneer in this aria. His student, Abu Hamid al‐Ghazali, further developed categorization of objectives of Islamic law. According to Ghazali these objectives are: preserving religion, life, reason (’aql), lineage (nasl), and property. 
These five categories became main sources and the starting point for all scholars later who worked on objectives of Shari’a. Some scholars added honor to the five main objectives. (5)
Ghazali distinguishes three groups of objectives according to their priorities: the five main objectives, objectives of additional needs, and objectives of perfection (embellishment).
After Ghazali, it was al-Shatibi (d. 790/1388) (6), who has further developed the science of Maqasid. In his book, al‐Muwafaqat fi Usul ash‐Shari'ah, under the section Kitab al‐Maqasid (the book of objectives) al-Shatibi distinguishes two types of objectives: maqasid ash‐Shari’ (divine objectives by Lawgiver) and maqasid al‐mukallaf (human objectives derived from human beings). On this basis all commands and prohibitions aim to promote good and to benefit human beings and to protect them from evil, from harm, and from subsequent suffering (7) When it comes to the main objectives of Shari’a, al-Shatibi adds no extra objectives. He stays with the five explained by al-Juwayni and more precisely explained by al-Ghazali. 
 Maqasid al-Shari’a in contemporary context is very attractive field of Islamic thought. It is considered as the most important intellectual instrument of Islamic thought needed for Islamic renaissance and reform. Contemporary scholar, Ahmad al-Raysuni, defines Maqasid as objectives set by Shari’a law which are designed to fulfill human needs. In his opinion it is possible today to identify wider understanding of the objectives of the Shari’a law and order them by priorities. (8) Reviewing al-Shatibi’s understanding of Maqasid, Tariq Ramadan potentiates importance of human context. He asks challenging question whether the school of al‐maqasid, to the time of al‐Shatibi, went through all the possibilities as to extracting higher, universal objectives, or whether the challenges of our own time might require us to review the list of five or six basic categories (religion, human life, progeny, reason, property, and sometimes honor) and add other universal higher objectives. (9)
Studying and developing Maqasid in cintemporary context remains very important factor of Islamic thought and revival. 


1.	Encyclopaedia of Islam, Second Edition, Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, W.P. Heinrichs
2.	Encyclopaedia of Islam, Second Edition, Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, W.P. Heinrichs
3.	Maqasid al-Shariah as Philosophy of Islamic Law- A systems approach. Jasser Auda. The International Institute of Islamic Thought. London.2008, pg.13. 
4.	Abu al‐Ma'ali al‐Juwayni, al‐Burhan fi Usul al‐Fiqh, 2nd edition, Cairo: Dar al‐Ansar, 1979. 
5.	Radical reform: Islamic Ethics and Liberation. Tariq Ramadan. Oxford Scholarship Online. 2009.
6.	Encyclopaedia of Islam, Second Edition, Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, W.P. Heinrichs
7.	The School of Maqasid: The Higher Objectives of Law. Tariq Ramadan/ Oxford Scholarship Online. 2009.
8.	Imam al‐Shatibi's Theory of the Higher Objectives. Ahmad al-Raysuni. International Institute of Islamic Thought. Translated by Nancy Roberts. 2013
9.	The School of Maqasid: The Higher Objectives of Law. Tariq Ramadan/ Oxford Scholarship Online. 2009.