Inquiries on the Science of the Objective of Sharia (Part Nine)
Objectives of Sharia in the Contemporary Era
The fourth phase is a continuation and extension of the third phase. During this stage, the science of Maqasid (objectives of Sharia) emerged with a renewed and vibrant spirit, leading to the establishment of intellectual and scientific centers across various regions of the Islamic world. In this scholarly journey, Abdullah Draz of Egypt undertook the research, annotation, and modern reformatting of Imam Al-Shatibi’s renowned work Al-Muwafaqat, bringing it into publication with a fresh perspective. Among the scholars of the Maghreb, Sheikh al-Islam Tahir ibn Ashur, a Maliki scholar from Tunisia, authored the valuable book Maqasid al-Shari’ah al-Islamiyyah. Similarly, Sheikh Allal al-Fasi wrote his significant work Maqasid al-Shari’ah al-Islamiyyah wa Makaarimuha, presenting it to the academic community.
In another part of the Islamic world, Shah Waliullah Dehlawi, a prominent scholar of the 12th century AH, penned the celebrated work Hujjatullah al-Baligha, a masterpiece widely referenced and praised by scholars. Following Shah Waliullah, the scholars of Darul Uloom Deoband made remarkable contributions to this field. Among them are notable figures such as: – Hujjat al-Islam Mawlana Muhammad Qasim Nanotwi (d. 1297 AH) – Sheikh al-Islam Mawlana Shabbir Ahmad Usmani (d. 1369 AH) – Hakim al-Ummah Mawlana Ashraf Ali Thanwi (d. 1362 AH) – Hakim al-Islam Mawlana Qari Muhammad Tayyib Qasmi (d. 1403 AH)
Summary and Key Points
The science of Maqasid al-Shari’ah explores the purposes, causes, wisdoms, goals, and objectives considered by the divine Shariah in enacting laws, whether in general or specific instances, to ensure the welfare of humanity. This discipline offers multiple benefits, including: 1. Enhancing the ability to deduce rulings, especially for new and unaddressed issues. 2. Resolving apparent conflicts in textual sources. 3. Guiding jurists in understanding the texts.
The evolution and development of the science of Maqasid al-Shari’ah can be divided into three primary phases: 1. The Initial Phase: Integration of Maqasid with other sciences, spanning from the Prophetic era to the time of Imam al-Haramayn. 2. The Distinctive Phase: Differentiation of Maqasid from other sciences, beginning with Imam al-Haramayn. 3. The Compilation Phase: Starting with ‘Izz al-Din ibn Abd al-Salam and continuing with figures such as Imam Al-Shatibi, Ibn Ashur, Allal al-Fasi, Shah Waliullah Dehlawi, and others.