Saturday, 21 March 2020

What is maqasid al-shariah?

Maqasiid al-shariah is the branch of Islamic knowledge that answers all the challenging questions of ‘why’ on various levels, such as the following questions:
1. Why is giving charity (zakah) one of Islam’s principle ‘pillars’?
2. Why is it an Islamic obligation to be good to your neighbors?
3. Why do Muslims greet people with salam (peace)?
4. Why do Muslims have to pray several times every day?
5. Why is fasting during the month of Ramadan one of Islam’s principle ‘pillars’?
6. Why do Muslims mention the name of God all the time?
7. Why is drinking any amount of alcohol a major sin in Islam?
8. Why is smoking weed, for example, as prohibited as drinking alcohol in Islam?
9. Why is the death penalty a (maximum) punishment in the Islamic law for rape or genocide?

Maqasid al-shariah explain the ‘wisdoms behind rulings,’ such as ‘enhancing social cohesion,’ which is one of the wisdoms behind charity, being good to one’s neighbors, and greeting people with peace. Wisdoms behind rulings also include ‘developing consciousness of God,’ which is one of the rationales behind regular prayers, fasting, and supplications.

Maqasid are also good ends that the laws aim to achieve by blocking, or opening, certain means. Thus, the maqasid of ‘preserving the minds and souls of people’ explain the total and strict Islamic ban on alcohol and intoxicants, and the maqasid of ‘protecting people’s property and honor’ explain the Qur’an’s mentioning of a ‘death penalty’ as a (possible) punishment for rape or genocide (interpretations of verses 2:178 and 5:33, according to a number of schools of Islamic law). Maqasid are also the group of divine intents and moral concepts upon which the Islamic law is based, such as justice, human dignity, free will, magnanimity, chastity, facilitation, and social cooperation. Thus, they represent the link between the Islamic law and today’s notions of human rights, development, and civility, and could answer some other type of questions, such as:

1. What is the best methodology for re-reading and re-interpreting the Islamic scripture in light of today’s realities?
2. What is the Islamic concept of ‘freedom’ and ‘justice’?
3. What is the link between today’s notions of human rights and Islamic law?
4. How can Islamic law contribute to ‘development,’ morality, and ‘civility’?

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