Ilm al-Maqasid al-Shariyya
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- Editions
- Maktabat al-'Ubaykān
Ilm al-Maqasid al-Shariyya (The Science of the Higher Objectives of Islamic Law) is a specialized treatise on Islamic legal theory by the contemporary scholar Nur al-Din al-Khadimi, published in 1421 AH (2001 CE), that examines the foundational principles, history, categories, and practical applications of legal objectives (maqasid) in Islamic jurisprudence.
Background and Purpose
The work was composed in response to the growing contemporary focus on maqasid al-shari'a as a method for addressing contemporary issues and novel legal questions (nawazil). Al-Khadimi intended the book to serve as an academic reference and pedagogical text, including for students in advanced degree programs in legal theory (usul al-fiqh) and Islamic culture, as well as judicial students at the Higher Judicial Institute studying maqasid curricula.
Contents and Structure
The treatise examines maqasid systematically across several thematic sections:
Conceptual Framework and Legal Methodology
Al-Khadimi provides linguistic and technical definitions of maqasid, contrasting previous definitions with his own preferred formulation: that maqasid are the meanings observed in and resulting from legal rulings—whether these are particular wisdoms (hikam juz'iyya), universal benefits (masalih kulliyya), or overarching attributes (simat ijmaliyya)—all converging upon the single aim of affirming servitude to God and realizing human welfare in both this life and the hereafter.
The author clarifies the relationship between maqasid and related principles in legal theory, including effective causes ('ilal), legal wisdoms (hikam), public interest (maslaha), and blocking the means to harm (sadd al-dhara'i'). He investigates the rationales of legal rulings (ta'lil al-ahkam) and the connection between maqasid and textual and rational legal proofs—such as the Quran, Sunnah, consensus (ijma'), analogical deduction (qiyas), and subsidiary proofs like al-maslaha al-mursala (unrestricted public interest), juristic preference (istihsan), and companion fatwas—emphasizing that objectives are intrinsically subordinate to textual proofs rather than independent of them.
Historical Development
The work traces the historical progression of maqasid thought from its implicit presence during the eras of the Companions, the Successors, and early jurists, through its gradual incorporation in foundational legal treatises, to its emergence as an independent field of authorship. It reviews the literature on the subject, highlighting major classical and modern works, including Abu Ishaq al-Shatibi's al-Muwafaqat, Izz al-Din ibn 'Abd al-Salam's Qawa'id al-Ahkam fi Masalih al-Anam, and Muhammad al-Tahir ibn 'Ashur's Maqasid al-Shari'a al-Islamiyya.
Classifications of Objectives
The book details various classifications of objectives, including:
- Objectives of the Lawgiver versus objectives of the legally accountable individual (mukallaf).
- Division according to strength into essentials (daruriyyat), complementary needs (hajiyyat), and embellishments (tahsiniyyat), along with their supporting secondary elements (mukammilat).
- The preservation of the five essential interests: religion (din), life (nafs), intellect ('aql), lineage and honor (nasl wa 'ird), and property (mal).
- Other categories, such as general, specific, and particular objectives; definitive (qat'iyya), presumptive (zanniyya), and illusory (wahmiyya) objectives; and primary versus subsidiary objectives.
Substantive Jurisprudential Applications
The concluding section demonstrates the application of maqasid to substantive legal branches (furu'), analyzing the objectives behind acts of worship (prayer, zakat, fasting, pilgrimage, expiations), financial transactions, charitable endowments and donations (tabarru'at), marriage and modern familial issues, the judiciary and testimony, legal penalties ('uqubat), and enjoining good and forbidding wrong.
Publication
The book was published in Riyadh by Maktabat al-Ubaykan, with its first edition appearing in 1421 AH (2001 CE).
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