In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 167 (5/18)
Maqāṣid and their Role in Deriving Shariah Rulings
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 18th session in Putrajaya, Malaysia, on 24–29 Jumādā al-Ākhirah 1428h (9–14 July 2007),
Having examined the research papers submitted to the Academy concerning
Maqāṣid (Shariah Objectives) and their Role in deriving Shariah Rulings, Having listened to the discussions on the subject,
Resolves
First: The Objectives of Shariah refer to the abstracts, general wisdom, and final ends that Shariah-Giver seeks to achieve through stipulation of rulings that realize people’s interests in this world and the Hereafter.
Second: Due consideration to the objectives of Shariah in Ijtihād serves sev- eral purposes, including the following:
- Comprehensive view of the texts and rulings of
- Fulfilment of the objectives of Shariah is a weighing factor in compari- sons between different Fiqh
- Identification of the end results of the acts of individuals and subjecting them to the rulings of Shariah.
Third: Adopting the objectives of Shariah at their different levels as the pri- mary and most appropriate framework for human rights.
Fourth: Importance of recalling the objectives of Shariah in the derivation of Shariah rulings.
Fifth: Proper application of the objectives of Shariah does not counteract the implications of the Shariah texts and consensus-based rulings.
Sixth: The need for studying the various dimensions of the objectives of Shariah in the social, economic, educational, and political areas.
Seventh: Recalling the objectives of Shariah is quite essential for proper un- derstanding of the Islamic Discourse.
Eighth: Importance of applying the Objectives of Shariah for deriving ap-
propriate Shariah rulings for emerging issues and new kinds of contemporary financial transactions. This would help achieve excellence in Islamic financing modes and products, which should have their own distinctions from conven- tional modes and products.
Recommendations
- Calling upon the Secretariat of the academy to commission further re- search to elaborate on the meaning of the objectives of Shariah and pres- ent the Fiqh literature contributed on the subject.
- Calling upon academic institutions and centers to include the objectives of Shariah as a subject in their educational curricula.
Indeed, Allāh is All-Knowing.
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