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Maqasid (Arabic: مقاصد, lit. 'goals' or 'purposes') or maqāṣid al-sharīʿa (goals or objectives of sharia) is an Islamic legal doctrine. Together with another related classical doctrine, maṣlaḥa (lit. 'public interest'), it has come to play an increasingly prominent role in modern times.[1][2][3] The notion of maqasid was first clearly articulated by al-Ghazali (died 1111), who argued that maslaha was God's general purpose in revealing the divine law, and that its specific aim was preservation of five essentials of human well-being: religion, life, intellect, lineage, and property.[4]
Although most classical-era jurists recognized maslaha and maqasid as important legal principles, they held different views regarding the role they should play in Islamic law.[3] Some jurists viewed them as auxiliary rationales constrained by scriptural sources (Quran and hadith) and qiyas (analogical reasoning).[1][5] Others regarded them as an independent source of law, whose general principles could override specific inferences based on the letter of scripture.[1][6] While the latter view was held by a minority of classical jurists, in modern times it came to be championed in different forms by prominent scholars who sought to adapt Islamic law to changing social conditions by drawing on the intellectual heritage of traditional jurisprudence.[1][7][2] These scholars expanded the inventory of maqasid to include such aims of sharia as reform and women's rights (Rashid Rida); justice and freedom (Mohammed al-Ghazali); and human dignity and rights (Yusuf al-Qaradawi).[1]
- ^ a b c d e Duderija 2014, pp. 2–6.
- ^ a b Brown 2009.
- ^ a b Gleave 2012.
- ^ Opwis 2007, p. 65.
- ^ Opwis 2007, pp. 66–68.
- ^ Opwis 2007, pp. 68–69.
- ^ Ziadeh 2009.