Maqasid and Masalih

Maqasid and Masalih

The term maqsid (plural: maqasid) refers to a purpose, objective, principle, intent, goal, end telos (Greek), finalite (French), or Zweek (German). Maqasid of the Islamic law are the objectives / purposes / intents / ends / principles behind the Islamic rulings. For a number of Islamic legal theorists, it is an alternative expression to ‘people’s interests’ (masalih). For example, ‘Abd al-Malik al-Juwayni (d.478 AH / 1185 CE), one of the earliest contributors to al-maqasid theory as we know it today (as will be explained shortly) used al-maqasid and public interests (al-masalih al-‘ammah) interchangeably. Abu Hamid al-Ghazali (d. 505 AH / 1111 CE) elaborated on a classification of maqasid, which he placed entirely under what he called ‘unrestricted interests’ (al-masalih al-mursalah). Fakhr al-Din al-Razi (d. 606 AH / 1209 CE) and al-Amidi (d. 631 AH / 1234 CE) followed al-Ghazali in his terminology. Najm al-Din al-Tufi (d. 716 AH / 1316 CE), defined maslahah as, ‘what fulfills the purpose of the legislator’. Al-Qarafi (d.1285 AH / 1868 CE) linked maslahah and maqasid by a fundamental (usuli) ‘rule’ that stated: ‘A purpose (maqsid) is not valid unless it leads to the fulfilment of some good (maslahah) or the avoidance of some mischief (mafsadah). Therefore, a maqsid, purpose, objective, principle, intent, goal, end, or principle in the Islamic law is there for the ‘interest of humanity’. This is the rational basis, if you wish, for the maqasid theory.

Maqasid Al-Shariah: A Beginner's Guide
By Jasser Auda
The International Institute of Islamic Thought. London-Washington. 2008

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