The Role of Istiḥsān and Maqasid al-Shari’a in Contemporary Issues

Abstract

Islamic Fiqh is the representative of the legal aspect of Islam. It has been originated and established on direct teachings of the Qur’an and Sunnah of the Holy Prophet Muhammad (SAW). These two sources are called primary sources of Islamic law. There are some supplementary sources to the primary sources; Istiḥsān (Juristic Preference) is one of these. According to Islamic Jurists, the main objectives or purpose of Islamic Law (Shariah) are the preservation of faith, life, intellect, progeny, and wealth. These five purposes are designated as necessities of life and these are the primary purposes of the Shariah (Islamic Law). Protection of faith is the first and foremost objective of Islamic Law as the Quran clearly mentions worship of Allah as the purpose of the creation of human beings. Protection of life is the second purpose and according to Islamic teachings, human life is sacred. The Quran clearly forbids taking human life of a person without justification. This is the reason that Islam prohibits adultery. Protection of wealth is the fifth purpose and the Islamic teachings’ emphasis is on the acquisition of wealth by lawful means. While the Quran enjoins that one should not earn wealth by unlawful means. These Dharurat (necessities are followed by the Hajat (needs) and Thasinat (complementary values). However the scope of these purposes goes beyond them and they include the protection of civilization, and culture, establishing peace, harmony, and security, elimination of violence, maintenance of equality, and so on. In this article, all five kinds of dharurat (necessities) have been elaborated through qualitative analytical methods while in the last portion, a review has been carried out for their relevance and implementation in the contemporary era.