KEPENTINGAN MAQASID SYARIAH DALAM BERFATWA DI MALAYSIA

This article discusses the definition of the principles of Shari’ah (maqasid shari’ah), its categories, the terminologies used to define the maqasid and the importance of ijtihad. The author elaborates that the maqasid is categorised into (i) the general principles (maqasid umum), (ii) the specific principles (maqasid khas), and (iii) the selected principles (maqasid al-juz’iyyah). The categorisation of maqasid shari’ah according to public interest (maslahat) is divided into (i) daruriyyat, (ii) hajiyyat, and (iii) tahsiniyyat. The historical development of this discipline of knowledge (‘ilm) is also elaborated. The author believes that the term “maqasid” with expanded understanding such as that of ibn Ashur is more encompassing. Ibn Ashur’s view is to protect man’s overall life system and it is not restricted to the five core jurisdictions (kuliyyat al-khams) as espoused by traditional jurists (fuqaha). Nonetheless, the differences in the understanding and use of the term “maqasid” between the traditional and contemporary fuqaha remain.