By Dr. Abdul Wadud Nafis, Lc., MEI
I. Introduction
Maqashid al-Shariah (the objectives of Islamic law) is a discipline that serves as the soul and spirit of the entire structure of Islamic legal thought. It goes beyond merely ensuring the formal validity of a text (nass), delving instead into the questions of why a law is established and for what purpose it is implemented. Understanding Maqashid al-Shariah ensures that Islamic law remains alive, relevant, flexible, and always aligned with its ultimate aspiration: to realize benefit (maslahah) and to prevent harm (mafsadah) for humanity.
Historically, the theory of Maqashid al-Shariah did not emerge fully formed or systematically, but rather evolved through a long process of intellectual development. Three monumental figures—Imam al-Juwaini, Imam al-Ghazali, and Imam Izzuddin Abdussalam—are regarded as the principal architects who laid the foundation, structured the framework, and developed the practical applications of this theory. Studying their thoughts is not only vital for understanding the historical development of Islamic law but also essential for addressing contemporary challenges with a substantive approach rather than a merely tex
II. Brief Biographies and Intellectual Context
- Imam al-Juwaini (d. 478 AH / 1085 CE)
Name and Title: Abu al-Ma‘ali Abdul Malik ibn Abdullah al-Juwaini, famously titled Imam al-Haramayn (The Imam of the Two Holy Cities – Mecca and Medina) due to his teaching roles in both.
Background: Born in Juwain, near Nishapur in Persia. He lived in a time of political and intellectual tension, including theological conflicts between the Ash‘arites and the Mu‘tazilites.
Role: A grand scholar in the Shafi‘i school and the teacher of Imam al-Ghazali. His contributions to usul al-fiqh (principles of Islamic jurisprudence) were profound and innovative.
Relevant Works: Al-Burhan fi Usul al-Fiqh (his most comprehensive work on legal theory) and Al-Waraqat (a popular summary of usul al-fiqh).
- Imam al-Ghazali (d. 505 AH / 1111 CE)
Name and Title: Abu Hamid Muhammad ibn Muhammad al-Ghazali al-Tusi, nicknamed Hujjat al-Islam (The Proof of Islam).
Background: The most outstanding student of Imam al-Juwaini. He experienced a deep spiritual crisis that led him to embrace Sufism, profoundly influencing his entire intellectual output.
Role: A polymath who synthesized jurisprudence, philosophy, and Sufism. His approach to Maqashid was not merely legalistic, but also ethical and philosophical.
Relevant Works: Al-Mustasfa min ‘Ilm al-Usul (a key reference in legal theory) and Ihya’ ‘Ulum al-Din (though not a pure legal text, it is rich with analysis on legal objectives).
- Imam Izzuddin Abdussalam (d. 660 AH / 1262 CE)
Name and Title: Izzuddin Abdul Aziz ibn Abdussalam al-Sulami, known as Sultan al-‘Ulama (The Sultan of Scholars).
Background: Lived during a turbulent era, including the Crusades and the Mongol invasions. These circumstances likely shaped his practical and public-oriented thought.
Role: A scholar who stood firmly against tyrannical rulers and was deeply concerned with social justice. His legal approach was principled, emphasizing the weighing of benefits and harms.
Relevant Works: Qawa‘id al-Ahkam fi Masalih al-Anam (used as the main reference in this section) and Al-Fawa’id fi Ikhtisar al-Maqasid.
III. Analysis of Their Views on Maqashid al-Shariah
- Imam al-Juwaini: The Conceptual Pioneer
Imam al-Juwaini is acknowledged as the first to explicitly articulate the hierarchy of needs within Maqashid al-Shariah, although in its embryonic form.
The Five Universals (al-Kulliyyat al-Khams): He was the first to mention the five universal objectives of Shariah: preservation of religion (hifz al-din), life (hifz al-nafs), lineage (hifz al-nasl), intellect (hifz al-‘aql), and wealth (hifz al-mal). However, these were discussed in the context of analogical reasoning (qiyas) and public interest (istislah).
Levels of Necessity:
Al-Daruriyyat (Essentials): Absolutely necessary for the survival of religion and life.
Al-Hajiyyat (Needs): Needed to ease hardship but not essential for survival.
Al-Tahsiniyyat (Complements): Concerned with refinement, manners, and aesthetics.
Methodology: Emphasized istiqra’ (inductive reasoning) from the entire body of scriptural texts to derive the universal objectives of Shariah.
- Imam al-Ghazali: The Systematizer
Imam al-Ghazali built upon his teacher’s ideas and developed them into a more coherent and integrated theory consistent with the Islamic worldview.
Consolidation of the Five Universals: He positioned the five essentials (al-daruriyyat al-khams) as the central pillars and raison d’être of all Islamic rulings. Every law could be traced back to protecting one of these.
Operational Definition of Maslahah:
It must be real (haqiqiyyah), not imaginary.
It must be universal (kulliyyah), not individual.
It must be definitive (qat‘iyyah) or at least highly probable (ghalabat al-zann) in achieving benefit.
Integration with Ethics and Spirituality: Through Ihya ‘Ulum al-Din, al-Ghazali linked legal and spiritual objectives—e.g., zakat not only protects wealth (external objective) but also purifies the soul from greed (internal objective).
- Imam Izzuddin Abdussalam: The Practical Implementer
While al-Juwaini and al-Ghazali focused more on legal theory, Izzuddin Abdussalam brought Maqashid into real-world legal and socio-political application.
Emphasis on Maslahah and Mafsadah: His seminal work Qawa‘id al-Ahkam is entirely focused on principles for evaluating and prioritizing benefits and harms. For him, all of Shariah aims to achieve welfare in both worldly and spiritual realms.
Detailed Priority Pyramid: Unlike the basic three-level model, he offered a detailed hierarchy that acts as a decision-making manual. For instance, in emergencies, should one save life, body parts, or wealth? His framework provides guidance.
Conflict Resolution (Tazaahum): Key principles include:
When two harms clash, choose the lesser.
Preventing harm takes precedence over acquiring benefit.
Greater benefits override lesser ones.
These principles make Maqashid a dynamic tool for solving real-world problems.
IV. Dialectics and Intellectual Development
Aspect Imam al-Juwaini Imam al-Ghazali Imam Izzuddin Abdussalam
Role The Pioneer The Systematizer The Practical Implementer
Main Contribution Formulated the embryonic hierarchy and five essentials Defined and consolidated the five essentials as Shariah’s core Developed prioritization pyramid and weighing principles
Methodology Induction from scriptural sources (istiqra) Philosophical-ethical with operational definitions Practical-social via maslahah-mafsadah evaluation
Scope Theory in legal methodology (usul fiqh) Legal theory integrated with ethics and Sufism Legal applications, social policies
Context Scholarly-academic Academic and spiritual Socio-political (Crusades, Mongol invasions)
V. Application in Islamic Economics and Finance (Case Studies)
- Prohibition of Riba (Interest) from the Maqashid Perspective
Al-Juwaini: Riba violates hifz al-mal (protection of wealth) by causing unjust concentration of wealth.
Al-Ghazali: Riba violates multiple objectives: hifz al-din, al-nafs, al-‘aql, and al-mal—it is pure harm (mafsadah).
Izzuddin:
- Prohibition of Riba (Interest) from the Maqashid Perspective (continued)
Izzuddin Abdussalam: In emergency situations (e.g., life-threatening hunger), exceptions to the prohibition of riba may apply. Accepting interest to save a life (preservation of life—hifz al-nafs, which has the highest priority) can be tolerated temporarily to prevent a greater mafsadah (i.e., death). This reflects his principle of prioritization based on severity and necessity.
- Development of Sukuk (Islamic Bonds)
From al-Juwaini and al-Ghazali’s Viewpoint: Sukuk, based on asset ownership and profit-sharing, aligns with the objective of preserving wealth (hifz al-mal) in a just manner. It avoids riba and excessive gharar (uncertainty), fostering a fair and transparent economic system.
According to Izzuddin Abdussalam: The structure of sukuk must ensure it represents real asset ownership and not merely a legal trick mimicking interest. The focus should be on the substance of the transaction (real maslahah) rather than its form. His concern lies in ensuring that Islamic financial products serve genuine public interest and not just legal formalities.
- Fiscal Policy (Zakat and Baitul Mal)
Preservation of Wealth (hifz al-mal) includes ensuring equitable distribution. Zakat serves as a core mechanism for this purpose.
Izzuddin’s Application: He would be strict in prioritizing zakat allocation. Funds should first go to saving lives (a daruriyyat)—e.g., feeding the starving—before funding less urgent needs such as luxurious mosque construction (tahsiniyyat). This directly applies his prioritization pyramid and principles of benefit/harm evaluation.
VI. Conclusion
The intellectual journey of Maqashid al-Shariah from Imam al-Juwaini to Imam al-Ghazali, and then to Imam Izzuddin Abdussalam, reflects a mature and visionary evolution in Islamic legal thought.
- Imam al-Juwaini laid the conceptual foundation, identifying primary needs and five universal values to be protected by the Shariah.
- Imam al-Ghazali developed a systematic framework, making these five essentials the very core of Shariah and offering a precise definition of maslahah.
- Imam Izzuddin Abdussalam formulated practical tools—rules for weighing harms and benefits, and a detailed prioritization system—transforming Maqashid into a toolkit for solving real-life problems.
Together, each scholar, in his unique way, contributed to making Maqashid al-Shariah a dynamic method of ijtihad, ensuring that Islamic law remains ṣāliḥ li-kulli zamān wa-makān (relevant for every time and place). Today, their thought provides essential keys to addressing modern challenges in fields like economics, bioethics, technology, and social justice—while remaining firmly rooted in the principles of justice, public interest, and mercy to all creation.
References
- Al-Juwaini, Imam. Al-Burhan fi Ushul al-Fiqh.
- Al-Ghazali, Imam. Al-Mustasfa min ‘Ilm al-Usul.
- Al-Ghazali, Imam. Ihya’ ‘Ulum al-Din.
- Ibn Abdussalam, Izzuddin. Qawa‘id al-Ahkam fi Masalih al-Anam.
- Auda, Jasser. Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach.
- Dusuki, Asyraf Wajdi. “Can Muslims Benefit from Maqasid al-Shariah in Developing Islamic Economics and Finance?”.
- Heru Susanto & Agustina Kumala Dewi. “Abu al‑Ma’ali al‑Juwaini’s Contribution to Maqashid al‑Shari’ah Thought in Kitab al‑Burhan Fi Ushul al‑Fiqh.” Bilancia: Jurnal Studi Ilmu Syariah dan Hukum, 18(2), 2024.
- Ikhsan Nur Rizqi. “Maqashid Syariah from the Perspective of Imam Haramain al‑Juwaini.” El‑Faqih, 7(2), 2021.
- “The Application of Maqashid Syariah According to Imam Izzuddin bin Abdussalam.” Islam Kaffah, March 17, 2020.