U2 Ln. 4 – The Five Purposes of Legislation

What is the meaning of Maqasid?

Maqasid is the plural of the Arabic word Maqsad. It means purpose or aim.

What does Maqasid us-Shar’iah mean?

It means the overall objectives and aims of the Islamic Law and to sometimes see the wisdom behind them. These laws are in place for the benefit of worshippers in this life and the Next.

What are the benefits of studying the Maqasid?

a.     It fortifies Muslims against destructive ideas. Any idea that harms man has been made unlawful in Islam.

b.     It teaches man about the actions he takes. Every action has an intention. If our actions preserve the purpose of man, they are acceptable. If our actions hinder this purpose, then they are rejected by Islam.

c.     If there is a conflict, we turn to these maqasid to solve them. We measure our behaviour to see if it is beneficial or unlawful depending on the purpose of man.

What are the five necessities that the Shar’iah preserves?

a.     Preserving religion

b.     Preserving life

c.     Preserving the mind

d.     Preserving lineage

e. Preserving wealth

In what way does Islam preserve these necessities?

This is done in two ways – one is to establish the pillars [existential] and the other is by keeping existing and anticipated aspects away from us [prevention].

How does Islamic Law protect our religion?

By prescribing the Five pillars of Islam and the six pillars of Faith. This is existential side.

In preventive side, if someone comes to attack our religion, then Jihad is also prescribed. We should also not curse other religions, or they will curse ours.

.  How does Islamic Law preserve life?

On existential side, we should eat good food. Out of necessity and to save our lives, sometimes haram food also becomes halal.

On preventive side, suicide is forbidden. It is also praiseworthy to forgive the murderer.

8. How does Islamic Law preserve the mind? 

On existential side, we should pursue learning, ponder over the signs of Allah, study the Qur'an, etc.

On preventive side, anything that corrupts the mind is forbidden. For e.g. alcohol, drugs, shameful music, pornography, black magic etc.

9. How does Islam preserve lineage and honour?

On existential side, Islam has legislated marriage and laid down well defined rights and duties of the family.

On preventive side, Islam prohibits adultery, adoption and has laid down strict laws if any member is slandered without proof.

How does Islam preserve wealth?

Existentially, wealth must be obtained by lawful means. Instead of accumulating wealth, it must be circulated in the society through zakat and sadaqah and by halal investments. Wealth must be spent on lawful matters and we should not be spendthrifts, but rather moderate spenders.

On preventive side, theft is not allowed. Indulging in interest, gambling, betting and lottery is also forbidden.