Actualization (Taf’il) of the Higher Purposes (Maqasid) of Shari’ah

Mohammad Hashim Kamali

Oct 2020 · Occasional paper series Book 28 · International Institute of Islamic Thought (IIIT)

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The higher purposes, or maqasid, of Shariah are applied and actualized (taf`il) through their means (wasa’il). This paper begins with the definition and meaning of maqasid and proceeds to ascertain three discernible tendencies regarding their scope: reductionist, expansionist, and the moderate approach of wasatiyyah/i’tidal. It addresses the question as to whether the maqasid may be recognized as a proof or source of Shariah in its own right. Can one, in other words, extract a ruling (hukm) of Shariah directly from the maqasid, or should one always follow the usul al-fiqh approach? Responding to these questions would help the reader to know more clearly what to expect of the maqasid. We often speak of the maqasid but when it comes to actual practice, we apply the fiqh rules. Can one just ignore the latter and refer directly to maqasid? The work explores the relationship of maqasid to the Qur’an and hadith, and to usul al-fiqh respectively. It also ascertains the roles respectively of the human intellect (‘aql) and innate human nature (fitrah) in the identification of maqasid. The author reviews the means and actualization of maqasid and elucidates this subject through several illustrations and a set of actionable recommendations.

About the author

Mohammad Hashim Kamali is currently Chairman and CEO of the International Institute of Advanced Islamic Studies in Kuala Lumpur. He was professor of law and a Faculty Dean at the International Islamic University of Malaysia from 1985 to 2007. He is currently a Shariah Advisor with the Securities Commission of Malaysia, Chairman of the CIMB Shariah Board, and Chairman of Shariah Board, Stanlib Corporation of South Africa.

Professor Kamali has addressed over 120 national and international conferences, published 16 books and over 110 academic articles. He has authored a number of works including “Freedom of Expression in Islam” (Cambridge, 1997); “Freedom, Equality and Justice in Islam” (Cambridge, 2002); and “A Textbook of Hadith Studies” (Leicester, UK, 2005). He received the Ismail al-Faruqi Award for Academic Excellence twice, in 1995 and 1997, and is listed in a number of leading “Who’s Who in the World”. (2008).

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