Objectives of Maqasid Al-Syariah in Islamic Law

Directly translated, Maqasid Al-Syariah refers to the objectives of Islamic law. In a broader sense, Maqasid means a goal or inspiration, while Al-Syariah denotes the laws revealed by God to Muhammad encompassing various aspects of life including family dynamics, financial matters, and the daily practices of Muslims.

Maqasid Al-Syariah refers to the goals and objectives that form the basis for the legislation of rules in Islam. It is understood that all laws in Islam are not established randomly, but rather with specific wisdom and purpose.

The backbone of this concept consists of two terms: Illah and Hikmah.

Illah has two meanings in linguistics: sickness and reason or cause. In essence, Illah is a law that exists because of its negative impact or reason. For instance, the prohibition of drinking alcohol is due to its harmful effects on health and mental stability. Allah prohibits alcohol consumption to prevent us from losing our sanity and engaging in immoral behavior unknowingly.

Hikmah; in linguistically means wisdom or intend.

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This mean Islamic law has it intend even though it is not clear why Allah make a rule like that. There are some rules in Shariah for which the reason for their legislation is not clear or apparent. We do not say that there is no reason, rather which it is hidden from us and Allah with His wisdom chose not to disclose it. As an Example prayer five times daily. That not to say there are no benefits. Only Allah knows best.

Sources of Islamic Law

Islamic jurisprudence utilizes multiple sources of Islamic law, such as Al-Quran and Sunnah, in interpreting Shariah.

Various methods, including Ijtima’ and Qias, are employed to evaluate the credibility of these sources in different situations.

Muslims view the Quran as the literal words of Allah, transmitted to Prophet Muhammad and must align with all Islamic legal sources. It is regarded as the primary source of Islamic wisdom, and if it lacks guidance on a particular matter, other sources of Islamic law are referenced by Muslims.

The Sunnah

Sunnah, documented in Hadith literature, encompasses the traditions and practices of the Prophet Muhammad. These resources include his words, actions, and agreements as he lived according to Quranic teachings. The Prophet's family and companions closely observed him during his lifetime, sharing details of his ablutions, prayers, and other acts of worship. People sought his guidance on various matters with his rulings recorded for future reference. The Sunnah covers topics such as personal conduct, community relations, and political affairs with specific details complementing general principles in the Quran.

Ijma' (consensus)

When Muslims cannot find a specific legal ruling in the Quran or Sunnah, they turn to the consensus of the community or the legal scholars within it. The Prophet Muhammad proclaimed that his community, the Muslim community, would never unite on a mistake.

Qiyas is a form of analogy.

When a legal ruling is required and not specifically addressed in existing sources, judges can create new case law by using analogy, reasoning, and legal precedent. This often occurs when a broad principle can be adapted to novel circumstances. (See the article Smoking in Islam for an illustration of this approach.)

Type and categories of riba and gharar

The Islamic economic system derives its fundamental principles from Al Qur’an and Sunnah, shaping its values around what is permissible and excluding what is prohibited. Among the forbidden values in Qur’an and Sunnah are Riba (Usury) and Gharar (Uncertainty), which serve as the primary distinctions between Islamic economics and Capitalism and Socialism. Below is an elaboration on Riba and Gharar: A. Riba (Usury)

Riba, a term originating from the Arab language, is translated to mean 'an increase, growth, augmentation or accretion' (Khir, Gupta, & Shanmugam, 2008, p.28) and 'addition and expansion' (Al-Harran, 1993, p.16). In Islamic teachings, not all forms of increasing wealth are considered forbidden. In terms of syari'ah, riba denotes 'the premium' paid by the borrower to the lender in addition to the principal loan amount due to certain conditions and extended time to maturity (Chapra, 1992). Many scholars define riba as 'interest,' commonly used in conventional economic systems. Various types of riba exist:

Scholars have divided riba into two types:

1. Riba Duyun

Riba Duyun is a type of riba that can occur in a loan or debt, involving any kind of addition or increase above the principal amount. This can come from the lenders or be willingly contributed by the borrowers. This type of riba is divided into two categories:

RibaQardh

The extra amount added to the principal of the loan is determined proportionally at the start of the lending agreement and is payable within a specific timeframe based on the terms of the loan.

The interest practiced during the Era of Ignorance.

When the borrowers want to extend the time to maturity of a loan, lenders may increase the principal amount owed. This increase, known as riba, is linked to the concept of 'interest' as it involves adding to the loan balance. Riba can occur in conjunction with riba qardh, which also involves an increase in the loan amount. Examples include loans from banks and credit cards.

1. Riba Buyun

Riba buyun can be found in trading transactions involving unequal amounts of the same product or in cases where there is a delay in delivery despite equal amounts being traded.

The different types of Riba Buyun include:

a. Riba Fadhl

Riba fadhl, also known as Riba of Excess, occurs when products are exchanged in varying amounts, numbers, measurements, or weights without delay in delivery or payment (Khir, Gupta, & Shanmugam, 2008, p.31). This unjust and dishonest practice is prohibited in Islam and can occur in the buying and selling of various goods. It can be prevented by ensuring that the goods exchanged are equal in amount, number, quantity, and measurement.

Riba Nasi’ah (Riba Yad)

According to Khir, Gupta, & Shanmugam (2008), riba occurs in trading when there is a delay in the delivery of products or payment of money, despite the same weight, measurement, and number of products being involved. On the other hand, Chapra (1992) defines Nasi’ah as the act of postponing or deferring payment, with the borrower returning the loan with added interest. Despite different explanations of riba, scholars generally agree on its definition, as it is based on the consensus of knowledgeable scholars in Islamic Jurisprudence known as Ijma’ Ulama.

Islam prohibits riba due to its concern for human prosperity and well-being. The prohibition is explained by the fact that riba, commonly understood as interest, is considered detrimental and unjust. This is why Islam forbids riba.

1. The presence of an interest-based system can harm fairness as it obligates borrowers to pay more than just the principal amount, without necessarily yielding a positive return on investment. Consequently, interest rates tend to benefit wealthier individuals.

Interest based systems discourage individuals from starting a new business, as high interest rates can deter people from taking risks in starting a new venture due to the uncertainty of initial returns. Additionally, borrowers are obligated to make regular payments to lenders.

Interest-based systems are solely focused on profit and disregard any other considerations, similar to banks which prioritize their own returns without concern for the financial outcomes of borrowers.

Interest based systems have a negative impact on investment activity by increasing the costs associated with investments.

Interest based systems prioritize providing loans to well-established and profitable businesses, neglecting newer and smaller enterprises due to safety concerns for the lenders. Banks typically favor companies with a proven track record of success, rather than investing in the growth of upcoming ventures.