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Key words: Islamic economic and finance, Maqāṣid Syariah, Al-fikr al-maqasidy.
Introduction
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Maqashid shariah consists of two words, namely maqashid and syariah. Maqashid is the plural
of the word maqsud, which means a goal, a middle, fair, intentional, or a straight path (‘Asyur,
2007: 15). Shari'ah is the law and wisdom revealed by Allah Almighty for achieving benefit
for everyone in life in the world and the hereafter. Allah (SWT) decreed the Shari'a (rule of
law) for guiding humans to obtain benefit and avoid harm. All rules of laws revealed by Allah
were directed to provide benefit for humans. Regarding this, asy-Syatibi stated at al-
Muwafaqat: “It is well known that syariat was created (by Allah) for the goodness of all
creatures absolutely". In other words, Yusuf al-Qaradawi states: “Wherever the goodness exist,
there is Allah’s law there” (al-Fasi, 1990).
The development of the globalisation era (Leimgruber, 2004), especially the disruption of the
era, has accelerated the occurence of human problems in all dimensions. The signature of this
era is the rapid development of various matters of life, including the economic and finance
fields. Economic activity in the world is not limited by geographic, linguistic, cultural or
ideological boundaries, but rather because of mutual need and interdependent factors. The
world becomes a borderless world, especially because of the rapid development of information
technology. The complexity of people's lives, including the socio-cultural, economic and
financial, and legal aspects has rapidly increased. Such circumstances provide many
opportunities as well as challenges (Abadi, 1987: 396), especially in efforts as to how the
Muslim community becomes more Islamic, including its social, economic and financial
activities. This condition needs a strong foundation to conquer the exposure of various
challenges and problems of human life. One of such robust tools is maqasid Syariah. Maqasid
Syariah can be designed as a tool in solving contemporary economic and financial challenges
and problems, which will develop and improve in line with syariah principles (Wehr, 1980:
767).
Method
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This is a library research with a juridical-normative approach. Thus, it focuses on studying the
importance of maqashid syariah in enhancing the economy and finance of the Muslim
community in Indonesia. This research uses two data sources, i.e., primary and secondary data
sources. The primary data are obtained from works on maqashid syari’ah, such as ‘al-
Muwafaqat’ by al-Syatibi, ‘Maqasid al-Syariah al-Islamiyyah wa Makarimuha’ by Alal al-Fasi,
‘Maqashid al-Syari’ah al-Islamiyyah’ by Thahir bin Asyur, ‘al-Fikr al-Maqashidi’ by Ahmad
Raisuni, ‘al-Burhan’ by al-Juwaini, and ‘al-Mustashfa’ by al-Ghazali. The secondary data are
obtained from secondary works which discuss maqashid and the economy, such as ‘Pendekatan
Maqasid asy-Syari‘ah: Konstruksi Terhadap Pengembangan Ilmu Ekonomi dan Keuangan
Islam’ by Ayif Fathurrahman, ‘al-ijtihad al-Mu’ashir’ by Yusuf Qardlawi, ‘A Perspective of
Maqasid al-Syariah towards Women’s Particular Needs in Disaster’ by Eva Fadhilah, and ‘A
Comparison on Level of Tenancy between Sharia and Non-Sharia Hotels in Yogyakarta
Indonesia’ by Muhammad Roy Purwanto.
Result
Maqasid Shariah: Meaning and Its Principles
There are three words having equal meaning in representing Maqasid Shariah’s meaning,
namely Maqasid al-Shariah, al-Maqasid al-Syar'iyyah, and Maqasid al-Syari' (Al-Syatibi, tt:
19). The most popular among them is Maqasid al-Shariah. Maqasid al-Shariah is one of the
important concepts in studying Islamic law. The urgency of maqasid al-syari'ah encourages the
theorists of Islamic law to make maqasid al-syari'ah one of the criteria (in addition to other
criteria) for mujtahid who do ijtihad. The main concept of maqasid al-syari'ah is to realise the
good deed while at the same time avoid the bad deed, or getting benefit and refusing
disadvantage, as the main purpose of Islamic Shari'ah as it was revealed to the earth. Regarding
this meaning, the similar term of maqasid al-syari'ah is maslahat (al-Qaradawi, 1994: 68).
Meanwhile the meaning of maqashid al-syariah is the meanings which are the purposes of Shari
'(Allah SWT), to be realised behind the teaching of a doctrine. According to 'Alāl al-Fàsì: “The
meaning of maqàsid al-shari’ah is the objective of shari’ah and the secrets established by al-
Shāri '(God) in every provision of His laws." Al-Kurdi states that Maqasid Syariah means al-
ma’aani allati syuri’at laha al-ahkam, which means the values that are the goal of law-making.
As a foundation for the purpose of establishing the law, it is no exaggeration to say that the
consideration of maqasid al-shari'a becomes an urgent one for the issues and problems which
are not found firmly in the texts (Al-Quran and Sunnah). Maqasid Syariah is a system of values
that could contribute to a desired and sound application of the sharī’ah (al-Kurdi, 1980: 186).
Jasser Audah formulated a definition, that Maqāṣid al-Shariah are the
objectives/purposes/intents/ends/principles behind the Islamic rulings, which found
expression in the Islamic philosophy/theory/ fundamentals of law in various ways, such as
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Al-Syatibi employs different words relating to al-maqasid, namely maqasid al-shariah, al-
maqasid al-syar'iyyah, and maqasid min syar'i al-hukm. Nevertheless, some of these words
contain the same meaning, namely the purpose of the laws derived by Allah SWT. According
to al-Shatibi, the meaning of al-maslahah is getting benefit and rejecting detriment not only
based on common sense, but also for protecting the rights of humans (Al-Juwaini, 1400: 183).
Discourse about maqasid syariah always relates to discourse about ta’lil ahkam, namely about
the main question, did Allah establish syariat (rules) based on any objective or any wisdom or
philosophy? Regarding this matter, there are two main streams or schools of thought. First, all
deeds of Allah and all syariat rules revealed by Allah contain ‘illat (rationality), including about
how Allah creates all creatures, that Allah orders and forbids something, these all contain noble
objectives and wisdom. It is the school of salaf scholar, four imam mazhab and the their
followers, a majority of mufassir, mutakallimin, usuliyyin dan fuqaha, even mu’tazilah. This
school of thought is based on QS al-Mukminun 115 and Shad 27 (Al-Ghazaly, 1413: 172).
The second, in contrary to the first, that all deeds of Allah and all syariat rules revealed by
Allah do not contain ‘illat (rationality), including about how Allah creates all creatures, that
Allah orders and forbids something. Those all don’t contain noble objectives and wisdom, but
only because of the desire of Allah. This is the school of al-Zahiriyah dan al-Asy’ariyah (Al-
Qarafi, 1994: 478). The basic argument of this school of thought is, if all deeds of Allah and
all syariat rules revealed by Allah contain ‘illat (rationality), it means that Allah needs others,
so that Allah is imperfect, whereas Allah is characterised by qiyamuhu binafsihi. This school
of thought is based on QS al-Anbiya: 23.
Classifications of maqāṣid, according to traditional dimensions (for instance Syatibi etc.), are
divided into three ‘levels of necessity’, which are necessities (ḍarūriyyāt), needs (ḥājīyāt), and
luxuries (taḥsīnīyāt). Necessities are further classified into what preserves one’s faith, soul,
wealth, mind and offspring. The fifth sequence of this dharuriyyat is ijtihadi, meaning that it is
based on the scholars’ 'understanding of the texts taken by istiqra'. In composing these five
dharuriyyat (some call it al-kulliyyat al-khamsah), Imam Syathibi sometimes prefers mind
rather than offspring, sometimes offspring first, then mind, and sometimes offspring, then
wealth, and last, mind. But one thing should be noted, that in any order the Imam Syathibi
always begins with faith and soul first. The above sequence differences show that the
systematics of al-maqasid or al-masalih are ijtihadi (Al-Amidi, 1404: 391).
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The levels in the hierarchy are overlapping and interrelated, like a pyramid. The classical
scholars composed maqasid al-syariah in pyramidal levels, starting from maqāṣid 'ammah as
its centre and then branching typically into the maqāṣid and lastly maqāṣid juz'iyah. Then from
the other side starting from al-ḍarūriyah (necessities), ḥājiyah (needs) then tahsīniyah
(luxuries). They set priorities in the event of a conflict between the maqasid with each other,
then a stronger priority is prioritised. This aims to avoid the person who executes the
interpretation or reasoning becoming trapped in the laws of a particular nature (juz'iyàt) alone,
and ignores maqasid al-syari'ah. As a result, it will lead to a confusion of laws (Qudama, 1390:
42).
Although this theory seems simple, it turns out that the application of this theory in reality is
very difficult and complicated. For this reason, lately another view emerged among
contemporary scholars such as Jamaludin 'Atiyah and Jasser Auda, which is different from the
classical arrangement above. They argue that maqāṣid al-Syariah at all levels is not a pyramidal
arrangement, in which maqasid is divided between the upper and lower, but is rather the circles
that meet and touch each other, whose relationships are related to one another (Al-Saraksi, tt:
205).
This model has two important characteristics: 1) the circles are not only concentric, but all of
them beyond the centre may also be regarded as orbiting the centre (the core). They orbit in the
manner of a solar system; 2) if we consider the radii as representing the pull or force of gravity
toward the centre, then the pull of gravity will be inversely proportional to the length of the
radius. The shorter the radius the greater the pull of gravity and the longer the radius the less
the pull (Al-Izz, tt: 23).
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The first circle is the central circle. It represents the heart or the core of Islamic culture and it
is also considered as the central power of its activity and continuation. It is also the core of all
other circles (Bakri, 1996: 63-64).
The circle of the essentials (daruriyyat) is the circle that includes five basic and universal
necessities or priorities on which the lives of people depend, and whose neglect leads to total
disruption and chaos. The five basic necessities are preserving religion (one’s faith), life,
intellect, procreation and property. These five necessities are derived from Shari’ah as
necessary and basic for human existence. Therefore, every society should preserve and protect
these five necessities; otherwise human life would be harsh, brutal, poor and miserable, here
and in the hereafter. Islam is a religion that upholds human values and provides solutions for
human life to be harmonised and balanced. This is what Jasser seeks to establish; how a system
concept can govern the lives of Muslims so as to run complying with the rules (Al-Qaradawi,
1985: 44).
Moreover, the notion of maqāṣid has been expanded to include a wider scope of people – the
community, nation, or humanity, in general. Ibn Ashur (also introduced shortly), for example,
gave maqāṣid that are concerned with the ‘nation’ (ummah) priority over maqāṣid that are
concerned with individuals. Rashid Rida, for a second example, included ‘reform’ and
‘women’s rights’ in his theory of maqāṣid. Yusuf al-Qaradawi, for a third example, included
‘human dignity and rights’ in his theory of maqāṣid. The above expansions of the scope of
maqāṣid allows them to respond to global issues and concerns, and to evolve from ‘wisdoms
behind the rulings’ to systems of values and practical plans for reform and renewal (‘Athiyyah,
2001).
Maqasid Syari’ah is a sophisticated concept in Islamic teaching, especially in the ushul fiqh
discipline. It was developed gradually from the emergence until now. This sophisticated
concept of maqasid Syari’ah explained above can be a tool to provide solutions for the
complexity of contemporary problems. One tool in using maqasid Syariah is called al-fikr al-
maqasidy (Rabiah, 2002: 113-116). It is a pattern of thought inspired by maqasid Syariah, and
held on to the principles and benefits for solving contemporary human problems, including
social, political, economic and financial problems, etc (Fadhilah, 2020: 2070-2075).
Maqasid Syariah is not only useful for mujtahids (Moslem scholars), but also for any thinker
that adopted this method as a way of thinking for solving contemporary human problems. Al-
fikr al-maqasidy is a method of systematic inductive thinking (istiqra’i) with which to get a
comprehensive conclusion in solving any problems. It shows that having a comprehensive
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understanding of maqasid syariah can be a basis or platform for developing the theory and
practice of Islamic finance, in order that the process and result of Islamic finance are in line
with and in compliance to the rules and norms determined by Allah as the Creator of the law
(Habib, 1442H: 111-132).
Maqasid Syariah will bring the mujtahid to the true final goal of law that complies with Syariah
principles with a steady heart. In general, if a person does any activities without understanding
the objective and the benefit of the activity, they will become bored in a short time, even
stopping the activities. This is the reason for the urgency of a comprehensive understanding
about maqasid syariah for every student, thinker, scholar and practitioner of Islamic finance,
in order for them to consistently develop Islamic finance, although it needs more efforts and
will consume a very long amount of time in the future. They will see the urgency of Islamic
finance for human life from maqasid syariah perspectives (Fathurrahman, 2014: 212). Based
on the explanation above, it is very important for every students, thinkers, scholars, and
practitioners of Islamic finance to understand well the maqasid Syariah in order to always have
a flamed up motivation and spirit in the struggling Islamic economic and financial practice in
the world. In this regard, asy-Syatibi states, “Al-maqasid/Objectives are soul of activities if the
activities done without objectives/maqasid then no soul inside [sic]”.
The Maqasid Syariah studies are not only limited to understanding the objectives of Syariah
by preserving the five basic needs (faith, soul, wealth, mind, and offspring), but also to
understanding about Syariah theories for bringing Maqasid Syariah into reality, such as basic
philosophy, rationality, illat, the secret of tasyri’, and any other method to discover Islamic
law, like the theory of analogy, illat, masalikul’illat, istihsan, maslahah mursalah, sadd al-
zariah, ‘urf, istishab, takhrijul manath, tanqihul manath, tahqiqul manath, and other
methodologies and instruments related to Maqasid Syariah, accompanied by ushul fiqh
theorem related to Maqasid Syariah. These concepts can be adopted as a tool in developing
Islamic finance (Omar, 2015: 401-424).
Maqasid Syariah is not only a determinant instrument in producing innovative Islamic financial
products, but also in providing philosophical and rational dimension to the Islamic financial
product resulting from contemporary ijtihad. Maqasid Syariah extends rational and substantial
thinking patterns to rendering contracts and products offered by Islamic economic and financial
institutions. If the contracts and products only employee fiqh thought an sich, that then caused
formalistic and textual patterns of thought that occasioned rigid and jumud. Contrary to that
condition, Maqasid Syariah will ensure that Islamic financial products are developed well and
always in line with and in relevance to the rapid changes of the world, in many aspects
(Lukman, 2015: 2355).
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Muṣtafa, Abdul Razak and Taib (2008) also developed a performance measure based on
Maqāṣid al-Sharī‘ah’s (PMMS) model. The model operationalised Abū Zaharah’s theory of
Maqāṣid al-Sharī‘ah into financial ratios. The ratios were then mathematically organised to
create an index to access the overall performance of both Islamic and conventional banks based
on Maqāṣid. The result of their study shows that Islamic banks performed better when
measured with the PMMS model (Sanusi, 2020: 1307-1316).
Luqman, et al. evaluate the performance of Islamic banking based on the maqashid index
approach. Objects of their research consisted of four Islamic banks in Indonesia (Bank Syariah
Mandiri, Bank Muamalat Indonesia, Bank Rakyat Indonesia Syariah and Bank Negara
Indonesia Syariah) and four Islamic banks in Malaysia (Bank Islam Malaysia Berhad, CIMB
Islamic Bank, Maybank Islamic Berhad and RHB Islamic Bank) for the years 2011-2014. The
Islamic banks were then measured and its performance ranked based on three steps: 1) the ratio
performance; 2) performance indicators; and 3) the overall maqashid index. The research
shows that Bank Muamalat Indonesia has the highest performance of 15.12%. The lowest
performance is 7.02% by CIMB Islamic Bank (Purwanto, 2020: 1116-1120).
Nur Kholis conducted research for dissertation titled, “Unit Link Syariah: Konsep Dan
Aplikasinya Dalam Perspektif Kepatuhan Syariah Dan Benefit Bagi Nasabah Dengan ANP
(Analytic Network Process)”. He utilised the maqasid Syariah approach in analysing Syariah
compliance of unit links. He used Abū Zaharah’s theory of Maqāṣid al-Sharī‘ah (Supriadi,
2020: 1725). Abu Zahrah, in his book of Ushul Fiqh, comes with the more refined form of the
specific objectives of al-Shari’ah. He classifies them into three fields, namely tahdhib al-fard
(educating the individual), iqamah al-‘Adl (establishing justice) and jalb al-maslahah
(promoting welfare). From those classifications, this study should use the closest approach in
order to measure Islamic compliance; and it follows then to implement Abu Zahrah’s
classification of maqasid al-shari’ah in insurance (Supriadi & Purwanto, 2019: 352-354).
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theory and practice, should make paradigm shifts, especially in terms of performance
measurement that is not only limited to financial parameters (Purwanto, 2020: 263-271). The
result of his study shows the revitalisation of the concept of maqāṣid as defined by Muhammad
Abu Zahrah and Abdul Majid Najjar, can be used to measure the performance of sharia banking
in a more measurable way (Purwanto, 2019: 796-799).
The above explanation shows that employing Maqasid Syariah in solving contemporary
economic and financial challenges and problems will actualise Islamic teaching (especially
fiqh muamalah) as an elastic, flexible, energetic and always relevant with the age
development (shalihun li kulli zaman wa likulli makan). This condition will develop and
improve Islamic economic and finance rapidly, yet always complies with Syariah principles
(Wasyith, 2017: 2085).
Conclusion
Based on the above explanation, it can be concluded that maqasid Syariah summarises the
overall purpose of sharia in a simpler and more easily understood way. Maqasid Syariah
principles can be designed as a tool in solving contemporary problems and challenges, which
indicates its significance. One tool in using maqasid Syariah is called al-fikr al-maqasidy,
namely a pattern of thought inspired by maqasid Syariah, held on to the principles and benefits,
for solving contemporary challenges in economics and finance, and other fields of life.
The Maqasid Syariah studies are not only limited to understanding the objectives of Syariah by
preserving five basic needs, but also to understanding Syariah theories for bringing Maqasid
Syariah into reality. Maqasid Syariah will bring the result of ijtihad to the true goal of Islamic
law, with a steady heart. Implementing the Maqasid Syariah concept in solving contemporary
economic and financial challenges and problems will develop and improve it, making it always
in line with syariah principles.
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