Hamdard Islamicus Vol. XLV, No.

4 79

EXPANSION OF MAQÓSID THOUGHT

BEYOND MAQÓSID AL-SHARÔ‘AH: MAQÓSID
AL-QURÓN AS A NEW PARADIGM
TAZUL ISLAM
Faculty of Quranic and Sunnah Studies,
University Sains Islam, Malaysia
Email: [email protected]

Received on: 13-07-22 Accepted on: 06-11-22

https://doi.org/10.57144/hi.v45i4.514

Abstract
The objective of this study is to examine a potential conceptual
expansion of the concept of MaqÉsid (essential purposes of Islam).
The contemporary developments in the MaqÉsid al-SharÊah, a
popular goal theory of Islam, remains largely unchanged from the
theoretical point of view, which was developed by the traditional
Muslim scholars. Although the implementation of MaqÉsid al-
Shariah has significantly grown, its theoretical development
remains limited. Some current MaqÉsid thinkers, however, are
prompted to make efforts to broaden this goal notion. They have
entitled this new endeavor as ‘MaqÉsid al-QurÉn’ instead of
MaqÉsid al-Shariah to imply a more expansive interpretation of
MaqÉsid. They argue that the journey of MaqÉsid al-SharÊah
should continue until it achieves a larger paradigm which might
give it a wider methodological ability to function outside of the
MaqÉsid al-Shariah framework. The researcher has used library
data in the form of text from the pertinent books and scholarly
articles to analyze new theoretical prospects of MaqÉsid. This study
discovers that, in contrast to MaqÉsid al-Shariah which primarily
focuses on the normative aspect of Islam, MaqÉsid al-QurÉn has
the potential to be a broad Islamic goal theory since it expresses the
goals of the entire Islamic discourse irrespective of normative
aspect. It was defined more broadly than MaqÉsid al-Shariah by
traditional and modern MaqÉsid scholars. Moreover, its
methodological scope is deemed broader than that of MaqÉsid al-
SharÊah.
80 Expansion of Maqasid …
Keywords: MaqÉsid al-QurÉn; MaqÉsid al-Shariah; Shariah; MaqÉsid;
Quran.

1. Introduction

As a subfield of Islamic studies, MaqÉsid al-SharÊah, consists

of “principles that provide answers to the questions about the Islamic
law”1 based on the “wisdoms behind rulings.”2 Having been
conceptualized in early medieval era and evolved in several centuries,
as Kamali asserts:

“MaqÉsid in twentieth century scholarship has sought to

expand its scope from a purely juristic context to the wider
arenas of modernity and civilisation. He adds that the
MaqÉsid should naturally have a higher profile as a goal-
setter and determinant of values.3 He argues that if the Qur’an
and Sunnah were to guide the way of the Muslim Ummah to
new times and climes, it would necessitate studying the
primary sources considering the broader universals of
MaqÉsid.”4

Perhaps, this necessity was felt by many traditional and

contemporary Muslim scholars including Abu Hamid al-Ghazali
(d.1111C.E.), Izz al-Din ibn Abd al-Salam (d.1261C.E.), Ibn al-
Qayyim (d.751A.H.), Al-Shatibi (d.1388C.E.), Rashid Rida
(d.1935C.E.), Nursi (d.1960C.E.), Ibn Ashur (d.1973C.E.), Alwani
(d.2016), Al-QaraÌawi (b.1926C.E.). These scholars have the
pioneering contributions to MaqÉsid studies and they have clearly
distinguished between MaqÉsid al-Quran and MaqÉsid al-SharÊah.5
This is maybe because of “the term SharÊah is more restricted in
meaning than the term Din, which comprises of not merely the laws
relating to a particular religion but also the basic, unchanging spiritual
truths which, according to the Quran, have been preached by all of
the Prophets. While the Shariah promulgated through them and the
way of life (minhÉj) recommended by them, varied in accordance
with the exigencies of the time and of each community's cultural
development.”6 Using the term MaqÉsid al-Quran, they have set
some unique concepts and functional mechanism which are not
entirely identical to MaqÉsid al-Shariah. This could imply that both
have distinctive scope to function. For instance, while MaqÉsid al-
Shariah, focuses largely on formulation of juristic judgements,
MaqÉsid al-Quran is used as an interpretive tool for the entire
Quranic content regardless of normative part. Hence, its scope
appears wider than MaqÉsid al-Shariah.

2. Background
Hamdard Islamicus Vol. XLV, No. 4 81
As a nascent idea in the medieval historical context, al-
GhazÉlÊ introduced MaqÉsid al-Quran as a branch of Islamic
sciences. Then, Muslim academics' interest in this topic significantly
increased as noteworthy contributions to the field were made by Al-
Baghawi, al-Razi, Ibn Abd al-SalÉm (d.1261C.E.), Al-ShatÊbi
(d.1388), Al-Biqai (d.885 A.H.), and others. This increased scholarly
attention which eventually reached a point where the urge to include
it in the principles of Qur'anic exegesis (AdÉb al-TafsÊr) by certain
notable exegetes of the Qur'an, including Ibn 'Ashur (d.1973C.E.),
'Izzat Darwazah (d. 1987C.E.), and Muhammad 'Abduh was felt. A
prospective intellectual discussion on MaqÉsid al-QurÉn is now
being held through academic conferences and seminars, TV talks,
academic publications, and books. As a result, the concepts have been
evolving and diversifying, new problems are being presented, and
long-forgotten problems are being brought up again. On the other
hand, MaqÉsid al-SharÊah, has gained the greatest traction. Its literary
heritage is impressive and extensive. It has long been a well-discussed
subject in Islamic jurisprudence (fiqh). Moreover, it is now
considered as an independent field in education. This position was
embellished with an impressive extension of its purview. It has
attracted scholarly interest from many different fields. All these
advancements are credited to the originality of its conceptual
framework which was developed by traditional Muslim thinkers like
al-GhazÉlÊ and al-ShatÊbi. Alwani and Audah, two contemporary
experts in the topic, suggested a further development of MaqÉsid
thinking beyond the conventional framework of MaqÉsid al-Shariah.
They have promoted a new framework the term MaqÉsid al-Quran,
although this has not yet garnered scholarly attention like MaqÉsid
al-SharÊah.

3. Literature Review

3.1. MaqÉsid al-SharÊah

Islamic legal thinking includes the doctrine of the MaqÉsid

as a subset. Al-Juwayni (d. 478/1085) created the initial cornerstone
by dividing the MaqÉsid al-SharÊah into the three categories of
essential, complimentary, and desirable (ÌarurÊyyÉt, hÉjiyyÉt,
tahsÊniyyÉt), which was widely acknowledged by most of the scholars
in the field. The ground-breaking discoveries of Juwaynî were later
expanded upon by his student al-Ghazali, in his thesis on public
interest (maslahah) and effective cause (ta'lîl), in which he postulated
five goals of shariah: the preservation of faith, life, intellect, lineage,
and property. The notion of MaqÉsid was then developed by al-
Shatibi (d. 790/1388), who made a ground-breaking contribution. Ibn
Ashur furthered the concept of MaqÉsid among the MaqÉsid theorists
of his time. In his view, MaqÉsid al-Shariah should be viewed as a
82 Expansion of Maqasid …
method of ijtihÉd rather than a foundational concept. He contends that
using a linguistic method alone is insufficient and that one must also
use a causal and theological approach.7

Following these developments, various hypotheses and

inventions are constantly being revealed. For instance, Al-Najjar
introduced a change in MaqÉsid al-Shari'ah by grouping its four main
goals into four categories: preserving the worth of human life (hifzh
qimat al-hayÉh al-insÉnÊyyah), preserving human essence (hifzh al-
dzat al-insÉnÊyyah), preserving society (hifzh al-mujtama'), and
preserving the natural environment (hifzh al-muhit al-maddi). Al-
Najjar also suggested changing the focus of MaqÉsid al-Shariah from
the limited-individual advantage to the all-inclusive-social benefit.
The application of the theory broadens and becomes multi-
disciplinary as conceptual development continues. To do this, a meta-
ethical basis of universal principles is employed which is called
maslahah (public well-being). Based on this universality, the
MaqÉsid Al-SharÊah is expected to broaden in scope and change from
being only an area of Islamic jurisprudence (fiqh) and the principles
of Islamic jurisprudence (Ushul al-FÊqh) to an economic, political,
and social arena.8 In a recent development, MaqÉsid al-Shariah has
only recently begun to serve not only as the theoretical cornerstone
for numerous facets of Islamic banking and economics but also many
other academic discipline where there is no direct evidence available
from the primary and secondary sources of Shariah. Wanto, at.al,
claim that MaqÉsid al-Shariah is a universal idea that may be applied
to all facets of life.9 This change is based on the MaqÉsid al-SharÊah's
structure rather than changing it to fit a new paradigm.

3.2. MaqÉsid al-Quran

MaqÉsid al-Qur’Én has attracted a considerable attention

from both traditional and modern Muslim thinkers throughout the
course of a lengthy literary history. A basic conceptual framework for
MaqÉsid al-Qur'Én which includes a general identification of the
basic MaqÉsid of the Qur'an; a characterization of this term as a
science and a core of the Qur'an; a categorization of its entity into the
basic and the secondary; a development of an inclusive MaqÉsid trend
in Qur'anic exegesis; and the introduction of the necessity of
MaqÉsid. These can be found in the literatures listed below.

Al-Qaradawi asserts that the Qur’an repeatedly discusses and

stresses seven principles and purposes. These are the main purposes
and ideas that Qur’anic verses and surah emphasize in their setting.
He says that “the Qur’an calls upon human beings to embrace the
Qur’anic purposes and principles because they cannot attain
righteousness without exercising them”. The author lists seven
purposes that, in his opinion, are frequently mentioned in the Qur’an.
Hamdard Islamicus Vol. XLV, No. 4 83
He accords these purposes with the utmost priority. The following are
the Qur’Én’s seven primary goals: presenting the revision of beliefs
and ideas of the Prophet, the Deity, and recompense; acknowledging
human rights, especially those of the weak, and man's role on the
planet; encouraging people to revere and fear God; encouraging men
to cleanse their spirits; establishing a sound family structure and
defending women's rights; construction of a model Ummah; Sending
summons to one another for cooperation among human beings.

Al-Qaradawi's method for addressing the Qur’Én’s MaqÉsid

is notable for its thoroughness and application. He provides sub-
issues to support the MaqÉsid that he discovered. However, it is also
noted that several of his suggested purposes—such as the formation
of a strong family structure and the Safeguarding of women's rights—
are not universal because the Qur'an typically protects the rights of
the whole human race, not just a small portion of them. In a same
vein, the Qur’an seeks to establish strong social and political systems
in addition to the family unit.10

In another recent study in the field, Lahham has authored one

of the most recent books on MaqÉsid al-Qur’an in which she
categorizes the verses of the Qur’an According to their MaqÉsid and
classifies MaqÉsid al-Qur’an into the welfare of the individual,
welfare of the ummah, development and progress of civilization, and
protection of religion. She then discusses secondary MaqÉsid under
every class. This book seems reluctant to identify the basic MaqÉsid
of the Qur’an through a methodological approach. In some cases, it
seems a mere portrait of some secondary MaqÉsid in the Quran like
MaqÉsid of human life. The contents of the book are mostly
influenced by the concept of MaqÉsid al-sharÊah, more specifically
by the theory of “public interest” (maslahah). This influence of a
particular perspective in dealing with MaqÉsid al-QurÉn undoubtedly
defects the distinctive entity of the subject. However, this book could
be a useful source book in knowing a maximum number of secondary
MaqÉsid of the Quran as the author amounts them to some 2,200, and
these are mentioned in some 1,950 verses.11

HÉmidi, is another recent author on MaqÉsid al-Quran who

relatively treated a wide range of the issues concerned. However, the
content includes a definition of MaqÉsid al-Qur’an, its classification,
MaqÉsid of the Quran in actualization of personal welfare, social
welfare, and finally universal welfare. The whole content seems
profoundly colored by the theory of MaqÉsid al-SharÊah. Any
specific significant discussion about MaqÉsid al-QurÉn is rarely
presented in it.12

Above all, while the literature that is now accessible has some
crucial foundational information on this subject. They may also serve
84 Expansion of Maqasid …
as a springboard for its future growth into a comprehensive idea and
a specialized field of Islamic studies.

3.3. An Urge for Expanding MaqÉsid Thought

MaqÉsid al-Shariah develops within its purview. This is

demonstrated by its progression from secondary methodology to a
basic methodology and finally to a multidisciplinary science. Auda
explains, this concept was primarily developed “as a secondary topic
within Usul al-fiqh, usually under the category of ‘unrestricted
interests’ (al-Masalih al-mursalah) or the appropriate attribute for
analogy (munasabah al-qiyas).”13 Al-MasÉlih al-Mursalah was born
in a historical context when the available methods in SharÊah were
“proved incapable of coping with the complexities of the evolving
civilisation in the fifth century. Therefore, unrestricted interest (al-
maslahah al-mursalah) was developed as a method that covers ‘what
was not mentioned in the scripts,’ and thus, compensates for the
limitations of qiyÉs (legal analogy).”14 Then, it was urged as a
fundamental methodology by some contemporary scholars, including
Raysuni, ‘Atiyah and the Shia scholar Mahdi Shamsuddin, who
recommend a certain expansion of the Usuli IjtÊhad to embrace the
wider idea of IjtÊhad MaqÉsidi which is also known as ijtÊhad
maslÉhi.15 Auda adds that the MaqÉsid al-SharÊah was proposed by
some twentieth century reformers as a standalone discipline.16
Moreover, this evolution goes on and supersedes its restricted
disciplinary functionality. Auda aptly explains in the following
statement:

“In order to remedy the individuality drawback, the notion of

MaqÉsid has been expanded to include a wider scope of
people – the community, nation, or humanity, in general.
These expansions of the scope of MaqÉsid allow them to
respond to global issues and concerns, and to evolve from
‘wisdoms behind the rulings’ to practical plans for reform
and renewal. Finally, contemporary scholarship has
introduced new universal MaqÉsid that were directly induced
from the scripts, rather than from the body of fiqh literature
in the schools of Islamic law. This approach, significantly,
allowed MaqÉsid to overcome the historicity fiqh edicts and
represent the scripts’ higher values and principles.”17

According to Alwani, the following factors contributed to the

early period's disregard for priority jurisprudence and MaqÉsid
discourse: dominance of a strictly religious orientation; predominant
partial jurisprudential trends, wherein each unit or issue is supported
by only partial evidence; the predominance of lone (non-integrated)
revelation reading; the language apparatus or linguistic framework is
the exclusive focus of legal speech; monotonous thinking that ignores
Hamdard Islamicus Vol. XLV, No. 4 85
the theory of time-space relativity; developing theories and
hypotheses while staying away from practical applications; influence
of different patterns originating from a former legal system, such as
the SharÊah found in the Bible; lack of distinction between servitude
to humans and obedience to Allah based on intelligence, as well as
hypothetical parallelism; the characteristics of SharÊah are not taken
into account while developing a methodology; failure to consider the
features of SharÊah as methodological factors and confining them to
a merely desirable attribute.18

Even, while significant traditional Muslim scholars, such as

the companions of the Prophet Muhammad, have had access to
MaqÉsid ideas from the inception of the Muslim nation, MaqÉsid has
not developed then into an independent field of study.19 Continuing,
he claims that as MaqÉsid al-SharÊah is no longer merely a chapter in
Usul al-Fiqh and has instead turned into its own field of study
(Principles of Islamic Jurisprudence). However, the idea of "Higher
Objectives of the Quran" should have been developed and
implemented in people's daily lives sooner rather than later.20

3.4. Methodology

This study addresses a query posed by MaqÉsid scholars who are

experts in Islamic legal theory. According to the body of current
literature on the issue, MaqÉsid al-Shariah scholars have given the
issue a great deal of consideration. The contemporary advancement
on the subject and its applications consequently become
multidisciplinary. Some academics believe that it is appropriate to
broaden the MaqÉsid's current theoretical framework. Attempts have
been undertaken to achieve this under the title MaqÉsid al-QurÉn.
This paper investigates the justification for this endeavour. Thus,
using a qualitative research technique, the researcher used library data
gathered from textual sources like books and academic publications.
The interpretation and analysis of the textual evidence were then
illustrated. The logical components of scholars' arguments on the
future development of Islamic goal theory (MaqÉsid) were addressed.

4. Findings and Discussion

4.1. Generalization of Objectives of Entire Religion (Din) over

Objectives of Shariah

Islam holds that there is only one divine entity that is present
in all revealed religions. The basics for these religions hence remain
mostly same regardless of space and time throughout human history.
The QurÉnic passages and Prophet Muhammad's narratives provide
credence for this position.
86 Expansion of Maqasid …
“The same religion has He established for you as that which
He enjoined on Noah - which We have sent by inspiration to
thee - and that which We enjoined on Abraham, Moses, and
Jesus: Namely, that ye should remain steadfast in religion,
and make no divisions therein.”21

“To establish the religion and not be split in it” refers to

establishing God’s monotheism and obedience, faith in his
messengers and their scriptures, the Day of Resurrection, and the rest
of the requirements for being a Muslim. SharÊah is not included
because it addresses the interests (masalih) of nations based on their
own context which is often different and varies from country to
country22. Al-Zamakhshari supports his opinion by citing another
verse from Quran, “Unto every one of you have We appointed a
[different] law and way of life”23. This verse, according to al-Razi,
shows that the Shariah is divided into two parts, the first of which is
protected from abrogation and change, for example, truth, justice, and
charity, as well as the prohibition of lying, injustice, and injury. The
second, on the other hand, might be altered and varied. Its purpose,
however, is to strengthen the first type because it is more efficient in
achieving bliss in the afterlife24. Rather than describing the Shariah
as an entire religion (Din), the QurÉn presents it as a component of it
or as part of the entire Quranic teachings. While QurÉn is essentially
a holistic scripture that covers theology, morality, rites and rituals, its
coverage of legal codes which amounts approximately 500 verses.

“O ye messengers! Enjoy (all) things good and pure, and

work righteousness: for I am well-acquainted with (all) that
ye do. (51) And verily this Brotherhood of yours is a single
Brotherhood, and I am your Lord and Cherisher: therefore,
fear Me (and no other.”25

Islam is based on the belief that a true believer is one who

believes in each of God's Prophets, as well as all that were revealed
to them.

“Say ye: We believe in Allah, and the revelation given to us,

and to Abraham, Isma'il, Isaac, Jacob, and the Tribes, and
that given to Moses and Jesus, and that given to (all)
Prophets from their Lord: We make no difference between
one and another of them: And we bow to Allah (in Islam).”26

“To thee We sent the Scripture in truth, confirming the

scripture that came before it, and guarding it in safety: so
judge between them by what Allah hath revealed, and follow
not their vain desires, diverging from the Truth that hath
come to thee. To each among you have we prescribed a law
and an open way. If Allah had so willed, He would have made
Hamdard Islamicus Vol. XLV, No. 4 87
you a single people, but (His plan is) to test you in what He
hath given you: so strive as in a race in all virtues. The goal
of you all is to Allah; it is He that will show you the truth of
the matters in which ye dispute;”27

Allah's Messenger (Øal Allah-u-‘alaihe wa sallam) said,

“The Prophets are paternal brothers; their mothers are
different, but their religion is one.”28

This phrase was told in a metaphorical way, implying that all

the Prophets have the same basics of Islamic doctrine while differing
in non-fundamental concerns, similar to siblings who have different
stepmothers but the same father.29 The non-fundamental, on the other
hand, refer to legal difficulties (fiqhiyyÉt).30 Scholars of Sunnah (a
specialised academic discipline concerned with Prophet
Muhammad's traditions) went on to clarify the same basics, which
include Tawhid (Oneness of God) and all topics in Ilm al-Kalam
(Islamic theology).31 According to Ibn Hajar, tawhid (Oneness of
Allah) was the central thesis of all Prophetic revelations.32 Even
though Prophets emerged at different times and in different places,
this basic commonality remained constant.33

In a broader sense, all the Prophets share a commonality of

Din, though their sharÊah was not identical in all respects. As a result,
their purposes may differ from sharÊah to sharÊah. Fasting, for
example, was a law for all Prophets, but the prohibitions and
permissible were not the same. Having sexual intercourse during the
fasting month was not permitted in the Shariah of previous Prophets.
However, it is permitted by the Islamic shariah. In addition, the goal
was to make things easier (taysir) for the Ummah of Prophet
Muhammad. This demonstrates that Shariah's goals are more limited
than those of the entire al-Din. The goals of the entire Din have
remained same throughout Islam's history, from the first Prophet to
the last. As a result, MaqÉsid al-Shariah cannot be equivalent to
MaqÉsid al-Din.
4.2. Scholars’ Generalisation of MaqÉsid al-Quran

The Quran's higher purposes are regarded as the absolute

foundations. They are limited to only one source, the Quran, in terms
of essentiality, generality, absoluteness, universality, and regulation.
This is accomplished by reading, comprehending, and thinking in a
holistic manner. This integration must lay forth its ideas and
procedures so that it can be approached more easily and employed as
a Quranic methodological factor or instrument.34
88 Expansion of Maqasid …
As previously stated, traditional Muslim scholars'
identification of MaqÉsid al-Quran is largely influenced by Islamic
theological perspective. According to them, the greater goals of
Quran include, among other things, the basic themes of Islamic
Theology, such as Tawhîd (Unity of Allah), Prophethood, Reward and
Punishment in the Hereafter, and Divine Determinism.35 Al-Ghazali
lists six main goals of the Quran: introducing Allah (SWT),
introducing the Straight Path, describing the situation in the
Hereafter, describing the status of people who answer Allah's call,
describing the position of those who reject, and educating the way-
stations on the path to Allah (SWT).36 The MaqÉsid al-Shariah,
according to him, are five as follows: protect money, preserve
chastity, preserve the capacity of reason, and preserve religion.37

Al-Ghazali's ideas on MaqÉsid al-Quran and MaqÉsid al-

Shariah are plainly distinguishable. In terms of nature, he claims that
the five goals of Shariah are exclusively normative in nature because
they deal exclusively with legal issues.38 In the case of MaqÉsid al-
Quran, on the other hand, his ideas are more theological than legal as
evidenced by the first MaqÉsid of the Quran, which he divides into
three categories: "knowledge of Divine Being, knowledge of His
qualities, and knowledge of His acts."39 The rest of al-Ghazali’s
classifications of MaqÉsid, unlike the sixth objective (MaqÉsid), are
also concerned with metaphysical issues namely Hereafter, Angels,
Heaven, Hell – and the Quranic dialectics40 which are totally devoid
of normative nature. Yet unlikely, according to al-Ghazali, the “sixth
objective [of the Quranic verses] includes those which are termed
lawful, unlawful, and the bounds of God.41” In addition, he mentions
the essential theory of MaqÉsid al-Shariah which is preservation,
invoking well-being, and repealing corruptive means (dar' al-
mafsadah).42

The MaqÉsid al-Quran thesis of Ibn Ashur covers a wide

variety of important Quranic issues, such as belief reform, moral
purification, legal regulation, historical narrations, recompense, and
requital, and the inimitable (i'jaz) nature of the Quran. Like al-
Ghazali, he considers the legal part of the Quran to be one of its
numerous objectives. He clearly distinguishes between MaqÉsid al-
Quran and MaqÉsid al-Shariah differently since the former include
eight aims while the latter just three. His MaqÉsid al-Shariah theory
is entirely concerned with legal ramifications, and for five objectives
that are all entirely concerned with issuing judgments in analogous
situations as well as comprehending the rationale and wise purpose
behind the Lawgiver's enactment of any law. He requires that jurists
be knowledgeable in this branch of knowledge.43 In contrast to
MaqÉsid al-Quran, he does not discuss any moral, theological,
historical, or philosophical issues in MaqÉsid al-Shariah. He makes
Hamdard Islamicus Vol. XLV, No. 4 89
a thorough connection between this branch of knowledge and the
technical procedures for locating a legal judgement whose legal status
is unclear, undetermined, ambiguous, or inconsistent with the time
and space. In his book of Tafsir, al-Tahrir wa al-Tanwir, he provides
instances of how to read verses from the Quran whereby Allah's
(SWT) intent should be emphasised.

Yusuf al-Qaradawi also identified the following eight goals:

the acknowledgment of man's position on the earth and rights,
particularly those of the weak; motivating humanity to worship and
fear God; enticing men to purify their souls; establishing a balanced
family structure and upholding women's rights; building a model
Ummah; and a call to mutual assistance in the human community.44

Rashid Rida enumerates eight goals: exposing the

foundational tenets of the faith; Prophethood and the missions of the
Prophets; mental perfection; humanistic, socio-political, and national
reforms; exposing Islamic motivation on role and responsibility and
the general benefits of its prohibitions; exposing the modes,
foundations, and general principles of universal Islamic political rule;
ensuring religious and civic rights for women; directing financial
transformation; rethinking military strategy and philosophy and
eliminating its flaws and difficulties; recognizing the approaches
of Islam to ending slavery.45

Muhammad Abduh asserted that the primary purposes of the

Quran are the oneness of God; the assurance of a plentiful reward, the
admonition to follow it; and the threat of punishment for those who
do not; worship which arouses the heart and firmly establishes Divine
unity in the spirit; explanation of how is the way of bliss and leads to
the rewards of the afterlife; stories of those who followed Allah's path
and those who did not.46

Thus, some Muslim scholars hold that the MaqÉsid al-Qur'an

and the MaqÉsid al-Shariah are distinct and differ from one another
in terms of classifications, functional scopes, ramifications, and
nature. It is understood that they are not comparable. Majority of the
scholars believe that the objectives of shariah cannot be generalized
to the entire text of the Quran. In addition to the normative content
(shariah) and other paradigms such as Tawhid and Akhirah have been
established as the basic concepts of the Qur'an.

4.3. Methodology of Conceptualizing of MaqÉsid al-Quran and

MaqÉsid al-Shariah

While thematic induction was employed to reach to a broad

MaqÉsid, an effective cause (talil) was utilised to determine the goals
of a specific Quranic law. An effective cause of a solitary verse or
90 Expansion of Maqasid …
law, on the other hand, may differ from the effective causes of a group
of verse or the entire unit that surrounds the law. The MaqÉsid
discourse was formed based on Islamic legal maxims and the search
for aims to grasp and redirect the fragmentary scripture, known as
induction (from branches to the core).47 It begins with a
comprehensive inductive methodology that tries to make a
relationship between individual units of law and the terms of general
law with several pieces of evidence. Hence, it starts with a complete
inductive technique that uses various data to establish a link between
unique units of law and the provision of the general law. Thus, it has
authority over a single legal unit. MaqÉsid methodology assumes that
all shariah content has a logical and noble meaning. A maxim is
considered an objective of shariah.48

Contemporary academics devised approaches such as

"thematic unity," "ring theory," and "coherence" to gain a full grasp
of the Quranic content. These prominent techniques appear to have
been overlooked in MaqÉsid al-Shariah methodology. While the
Quran's normative passages (shariah) have goals, the rest of the text
usually does the same as well. As the nature of the content determines
the purposes, the underlying objectives of the legal content of the
Quran cannot be applied to the rest of the content, which is of a
different character. As a result, a bigger MaqÉsid framework that
encompasses the entire Quran is required. In addition, MaqÉsid al-
Shariah theory of formulated based on human reasoning, and its
terminologies were chosen by human beings. Unlike the purposes of
the Quran, which have been articulated in a clear terms by God
Himself, which leaves limited scope for human reasoning or
hypothetical opinion to deal with them. Thus, the identification of
MaqÉsid al-Quran appears more methodologically sound than the
shariah.

4.4. Capacity of MaqÉsid al-Quran as a general Islamic Goal

Theory

MaqÉsid al-Quran has the potential to be an all-

encompassing Islamic goal philosophy. It can be used to investigate
and comprehend the MaqÉsid of the entire Quranic discourse, legal
and non-legal alike. Its primary focus is on reading Quranic passages
considering their goals and demonstrating how these goals might be
met. Goal orientation in the Quran includes different contexts such as
success and failure, the creativity of God, meaningfulness and
absurdity, management and planning, wisdom, value, guidance,
process, consequence, guidance and misguidance, problem solving,
performance, quality assessment, intention. With this, MaqÉsid al-
Quran can offer a more holistic problem-solving capacity to real-life
problems which are not essentially law driven.
Hamdard Islamicus Vol. XLV, No. 4 91

4.5. Methodological transcendence of MaqÉsid al-Quran

Some traditional and modern Muslim academics employ

MaqÉsid al-Quran as a methodological technique. It was employed
by Al-Ghazali in his Jawahir al-Quran for his theory of
categorization and knowledge integration. In this approach, he
divides the Quran's six major aims into two categories: "main" and
"secondary." The cornerstone of al-Ghazali’s classification of
religious studies was grounded on the fundamental aims of the Quran
and their categorization. Both are intertwined because of Islamic
sciences are categorized according to the classification of the Quranic
purposes.

Moreover, MaqÉsid al-Quran is employed as an

interpretative tool for the verses of the Quran by some Quran
interpreters. Ibn Ashur, for instance, is one of the few Muslim
scholars who believe that MaqÉsid al-Quran should be made as a
principle of interpreting Quran. To outline the MaqÉsid al-Quran, he
claims that a Quran commentator's goal should be conveying God's
intention prescribed in His Book and provide the meaning and
semantic connotation. He must be knowledgeable in MaqÉsid of the
Quran.49 Ibn Ashur then divides interpreters' views into three
categories: firstly restricted, shallow, and outer interpretations of
texts; second, constructing indirect meanings that the context and
suggestion of the words necessitate but do not contradict the Quran's
MaqÉsid; and third, explanation derived from the context.50
Intriguingly, Taha Jabir Alwani, a MaqÉsid specialist, presents some
additional methodological capabilities of MaqÉsid al-Quran.
According to him, two approaches were discussed to rebuild the link
between Islamic teachings and Muslims' daily lives: a) demonstrating
the purpose of laws; b) rearranging the priority in shariah and the
developing the MaqÉsid ideas.51 He claims that the Quran's higher
purposes may be employed as a methodological tool in a variety of
situations, including the following:

1. Higher objectives of the Quran and the relation between Quran

and Sunnah: “Sunnah is an applied and practical manifesto for
the Quran. Under the Quran's greater purposes, Sunnah and
Sirah (biography of Prophet Muhammad) serve as two practical
and applied forces for Quranic guidance.” As a result, Sunnah
supports the Quran's unified structure. Thus, it should be read
and comprehended with this unity in mind. Sunnah is a
practical way of putting Quranic teachings into practice. This
method could be effective in solving the partial reading of the
narrations. Sunnah clearly emerges as a method and source in
the 'higher purpose' framework, serving as a practical
92 Expansion of Maqasid …
explanatory regulation for constitutional provisions in the legal
domain. Furthermore, the legal part of the Quran does represent
merely one dimension or one aspect of the Quran's numerous
other features.
2. Higher objectives and holy books of the Prophets: “Higher
objectives cannot be considered as a fundamental unless they
are found commonly in the holy books of Prophets. Higher
objectives comprise of the connotation of ‘objectives of
shariah’ as it is prevalent to the Islamic jurists who have
reduced its role to describing the underlying reason or wisdom
behind a ruling of law. The aim was to ensure the subjects of
the law that whatever was ordered to them was, in fact, to
ensure three categories of well-being: beginning with the
essentials (daruriyyah), the needs (hajiyyah) and the luxuries
(tahsiniyyah).”
3. Higher objectives of the Quran and regulating the sub-laws:
“Higher purposes must be able to reign over sub-laws and
regenerate them in accordance with all human needs. As a
result, there is a link between the fundamental and subordinate
laws.”
4. Higher objectives and constitutional principles: “In terms of
legal framework, the Quran's higher purposes appear like the
constitutional principles which could lay out constitutional
articles and legal principles.”
5. Higher objectives and the prospects of renewal of Islamic
jurisprudence: The adoption of a higher objective system
would result in renewal compatibility in basics of Islamic
jurisprudence as well as jurisprudential issues. It has the
potential to save them from their flaws.
6. Higher objectives of the Quran and effectiveness of Tajdid
(Islamic renewal) and Ijtihad (Islamic legal reasoning): “The
Quran's greater purposes include not just dalil (legal evidence)
or fundamentals of jurisprudence, but also the foundation for
reconstructing jurisprudential principles, renewing it, and
establishing "grand jurisprudence" on it. It will then assist in
revisiting Islamic jurisprudential tradition, purging it of
decades-old impurities, putting it under Quranic ratification,
and freeing it from the effects of locality and nationality so that
it can be elevated to a universal standard and participate in the
articulation of a “joint global culture.”
7. Higher objectives of the Quran and creating a critical
approach: “Higher objectives would foster a critical sense
among researchers, resulting in the development of a criterion
for all types of knowledge through which it could be filtered
what aligns with these goals and what does not.”
8. Higher objectives of the Quran and activation of the
characteristics of shariah as a methodology: “application of
Hamdard Islamicus Vol. XLV, No. 4 93
the ‘system of MaqÉsid' would function to cleanse Islamic
juristic heritage and the Quran's system of higher objectives
would bring vitality and sound effectiveness to the qualities of
shariah.”
9. Higher objectives of the Quran and theory of education: “The
Quran's higher purposes can help in developing a
comprehensive education framework for all Islamic disciplines
as well as social sciences. This idea can be used to categorize,
describe, and understand the data. It can also be used as a
methodology for putting advanced criteria for the experiment.
It could also be effective in developing local and national
culture. It would be capable to bring about a unified civilization
which could form a universal society that overcomes distinctive
cultural, regional, and national temperament; and establish a
just and rightly guided society. It is, as a system, capable to
develop a principle for a universal thought because it can deal
with scientific method.” 52

5. Conclusion

The MaqÉsid al-Quran and the MaqÉsid al-Shariah are

philosophically linked, yet distinctive. Both, however, have unique
theoretical foundations and domains of application. While the scope
of MaqÉsid al-Shariah is restricted to a theoretical framework
broadly connected to five well-known principles namely: (a) the
preservation of the self; (b) the preservation of the reason; (c) the
preservation of the religion; (d) the preservation of the property; (e)
and the preservation of lineage, some contemporary scholars argue
that the theoretical and methodological boundaries of MaqÉsid al-
Shariah must be expanded. To this end, they suggest an enlarged
MaqÉsid framework namely MaqÉsid al-Quran with a broader
methodological capacity and conceptual framework. This study finds
out the underlying reasons behind this potential capacity of MaqÉsid
al-Quran as the following: a) it represents the objectives of entire
Islamic discourse unlike MaqÉsid al-Shariah as its scope it limited to
Islamic law which is only one of the major aspects of Islam; b)
scholars’ identification of MaqÉsid al-Quran ranges wider conceptual
framework then the MaqÉsid al-Shariah; c) while the formation
MaqÉsid al-Quran theory lies on entire themes of the Quran, the
theory of MaqÉsid al-Shariah was developed largely based on
induction of underlying wisdoms and effective causes behind the
Islamic laws; d) in terms of methodology, MaqÉsid al-Quran
transcends the methodological capacity of MaqÉsid al-Shariah. This
evolution in MaqÉsid thought is significant because it could
encourage the researchers in the field to venture into finding out the
fresh understanding of MaqÉsid issues. The implication of this fresh
understanding could contribute to renewing the MaqÉsid reasoning,
94 Expansion of Maqasid …
building multi-disciplinary theories, expounding scope of research
and assessment, and treating relevant current issues in a holistic
MaqÉsid approach. However, findings of this research are limited to
explaining rationale behind scholars’ arguments and hypothesis on
potential expansion of MaqÉsid that could go further than that of the
limits of MaqÉsid al-Shariah. However, this study suggests further
research on conceptual framework for MaqÉsid al-QurÉn, its
methodological principles, and its functional universality.

6. Acknowledgment

This research was not funded.

Notes and References

1 Jasser Auda, Maqasid al-Shariah as Philosophy of Islamic Law: A Systems
Approach (Herndon: International Institute of Islamic Thought, 2008), 1.
2 Ibid.
3 Mohammad Hashim Kamali, "Actualization (Taf'il) of the Higher Purposes

(Maqasid) of Shari'ah." ICR Journal 8, no. 3 (2017): 295-321.

4 Ibid.
5 Tazul Islam, "The Genesis and Development of the Maqaṣid al-Qur’an’."

American Journal of Islam and Society 30, no. 3 (2013): 39-58.

6 Muhammad Asad, The Message of the Qur’an (Gibraltar: Dar Al-Andalus, 1980),

153.
7 Zahwa Syihab, "The Innovation of Al-Najjar's Thought in Maqasid Al-Shari'ah."

Mimbar Agama Budaya 38, no. 1 (2021): 18-34.

8 Wanto, Deri, Rahmad Hidayat, and Repelita Repelita. "Maqasid Shariah’s

Change as Theory: From Classical to Contemporary Maqasid Shariah." Al-

Istinbath: Jurnal Hukum Islam 6, no. 2 (2021): 427-454.
9 Ibid.
10 Yusuf Al-QaraÌawi, Kayfa Nata‘amal Ma‘a Al-Qur’an Al-‘Adim (Qatar: Markaz

Al-Buhuth Al-Sunnah wa Al-Sirah, University of Qatar, 1997).

11 Hanan Lahham, MaqaÎid al-Qur’an al-Karim (Damascus: Dar al-Hanan, 2004).
12 Abd al-Karim Hamidi, Maqasid al-Qur’an al-Karim min Tashri al-AÍkam

(Beirut: Dar Ibn Hazam, 2009).

13 Jaser Auda, Maqasid al-Shariah as Philosophy of Islamic Law: A Systems

Approach (USA: International Institute of Islamic Thought, 2008) 16.

14 Ibid, 16.
15 Kamali, Actualisation (Taf'il), 1-27.
16 Auda, Maqasid al-Shariah, 25.
17 Ibid, 4-9.
18 Taha Jabir Alwani, Nahwa al-Tajdid wa al-Ijtihad (Egypt: Dar Tanwir, 2008) 182-

183.
19 Ibid, 183.
20 Ibid, 185.
21 The Holy Qur'an, 42:13, Translated by Mufti Muhammad Taqi Usmani (Karachi:

Maktaba Ma’ariful Quran, 2010).

22 Abu al-Qasim Al-Zhamakhshari, Al-Kasshaf fi Haqaiq al-Tanzil, vol. 4 (Beirut:

Dar Ihya al-Turath al-Arabi, 1407 AH), 215.

23 The Holy Qur'an, 5:48.
24 Fakhar al-Din Al-Razi, Mafatih al-Ghaib, vol. 27 (Beirut: Dar al-Kutub

Ilmiyyah, 2000), 27.

25 The Holy Qur'an, 23:52.
26 The Holy Qur'an, 2:136.
Hamdard Islamicus Vol. XLV, No. 4 95

27 The Holy Qur'an, 5:48.

28 The Sahih Al-Bukhari, 48:3443, Translated by Dr. Muhammad Muhsin Kahn
(Riyadh: Darussalam Publishers and Distributors, 1997).
29 Muhammad Anwar Shah Al-Kashmiri, Faidh al-Bari ala Sahih al-Bukhari, vol.4

(Lebanon: Beirut, Dar al-Kutub al-Ilmiyyah, 2005) 402.

30 Badr al-Din Al-‘Aini, ‘Umdah al-Qari’ Fi Sharh al-Bukhari, vol. 16 (Beirut: Dar

Ihya al-Turath al-Arabi,) 36.

31 Ibid. 36.
32 Ahmad bin ‘Ali bin Hajar Al-Askalani, Fath al-Bari, vol. 6 (Beirut: Dar al-

Ma’rifah, 1959,) 489.

33 Ahmad bin Muhammad Al-Kastalani, Irshad al-Sari li Sahih al-Bukhari,vol.5

(Egypt: Al-Matbaah al-Kubra al-Amiriyyah, 1905,) 416.

34 The Sahih Al-Bukhari, 48:3443, Translated by Dr. Muhammad Muhsin Kahn

(Riyadh: Darussalam Publishers and Distributors, 1997).

35 Ahmad bin Muhammad Ibn Hanbal, al-Aqedah (Damascus: Dar Qutybah, 1408

A.H.) 1-123. Jamal al-Din AÍmad al-Ghaznawi, Kitab Usul al-Din (Beirut: Dar al-
Bshai’r al-Islamiyah, 1998) 57.
36 Abu Hamid Al-Ghazali, Jawaher al-Qur’an, ed. Rashid Rida al-Qabani (Beirut:

Dar IÍya al-Ulum, 1985) 23.

37 Abu Hamid Al-Ghazali, al-MustaÎfa fÊ Ilm al-UÎul, ed. MuÍammad Abd al-Salam

Abd al-Shaqi (Beirut: Dar al-Kutub al-Ilmiyyah, 1413 A.H) 174.

38 Ahmad al- Raysuni, Imam al-ShaÏibi’s Theory of the Higher Objectives and

Intents of Islamic Law, tr. from Arabic by Nancy Roberts (Kuala Lumpur: Islamic
Book Trust, 2006) 19.
39 Abu Hamid Al-Ghazali, The Jewels of the Qur’an, tr. from Arabic by Muhammad

Abul Quasem (Kuala Lumpur: University of Malaya Press, 1977) 23.

40 Al-Ghazali, The Jewels, 26-29.
41 Ibid. 33.
42 Ibid. 30-32.
43 Tahir Ibn Ashur, Maqasid al-Shariah al-Islamiyah (Beirut: Dar al-Lubnan, 2004)

135.
44 Al-Qaradawi, Kayfa Nat‘amal, 63.
45 Muhammad Rashid Rida, Al-WaÍy Al-MuÍammadi (Beirut: Foundation of ‘Izz Al-

Din, 1306 H) 191.

46 MuÍammad Abduh, Fi Tafsir al-Quran in Al-Amal al-Kamilah li al-Imam

MuÍammad ‘Abduh, vol. 4 ed. MuÍammad Imarah (Cairo: Dar al-Shuruk, 1993),
23.
47 Ibid. 178
48 Ibid. 179
49 Muhammad al-Ùahir Ibn Ashur, al-TaÍrir wa al-Tanwir, vol.1 (Tunisia: Dar

Sahnun,1997,) 39.
50 Ibid. vol.1, 40.
51 Alwani, Nahwa al-Tajdid, 177
52 Ibid. 185-209.