I Definition of Makasid Sharia :
The objective of Islamic law: the straight way, wisdom and purpose that
Sharia came to achieve for the benefit of the servants in this world and the
hereafter.
II The General purpose of Islamic legislation: Achieving the interest
of people in this world and in the hereafter by bringing benefits and
warding off harms. And eventually knowing God and worshiping
Him.
- Wisdoms behind rulings include developing consciousness of God.
III Traditional Classification of Makasid:
1. Necessities: essentials: they are the Five universals that people s
lives cannot survive without them and their lack lead to corruption
in this world and in the hereafter.
a. Preserving Faith:
- He set out to produce them: The pillars of Islam and Pillard of Faith.
- He set out to prevent its absence: forbidden of polytheism, requiring
Jihad, the limit of apostasy.
b. Preserving Soul:
- He set out to produce them: permitting eating and drinking,
legislating marriage and encouraging births.
- He set out to prevent its absence: prohibiting miscarriage, and killing
as well as legislating retribution for a punishment.
c. Preserving mind: (intellect)
- He set out to produce them: the order to Seek knowledge and the
command to contemplate and reflect on God’s creation.
- He set out to prevent its absence and prohibiting wine and
legislating the limit of drinking it.
d. Preserving lineage: offsprings, honor:
- He set out to produce them: legislating marriage and encouraging
births and the command to be chaste (chastity).
- He set out to prevent its absence: Legislating the limit of adultery
and slander as punishment.
e. Preserving wealth: (money, property)
- He set out to produce them: legislating: types of sales and commerce
and partnership.
- He set out to prevent its absence: prohibiting cheating, usury, fraud,
theft.
We should know that the destruction of these items leads to Chaos within
a society, and that the purpose is not valid unless it leads to the fulfillment
University of Algiers 1 Faculty of Islamic Sciences 2024/2025
Class/ master 2 Comparative Jurisprudence and Its Fundamentals
Teacher: Dr. Latrem Halla
of some good or avoidance o some mischief; as well as that the purpose is
what fulfils the purpose of the legislator.
2. Needs: complementary: it is what people need in order to expand
and relieve hardship and alleviating difficulty, so, life does not stop
with their lack but ratter becomes narrow and so hard.
a. Worship: Legislating Legal license: Dry ablution instead of wet
one; legislating Breaking fast and shortening the prayers to
travelers and sicks.
b. Transactions: permitting contracts that meet peoples need such
as : leasing and rent , and mortgage, forward sale (the ladder).
c. Habits: Permitting to hunt and enjoying good things.
3. Luxuries: (desirable)
They are refinements in society, what is more that what is necessary and
need which leads to perfection and their lack does not lead to corruption or
hardship.
a. Worship: the command to purify, and the order to cover up ,
command to pray in congregation .
b. Transactions:
Prohibiting extravagance, prohibiting stinginess, prohibiting sell on sale,
prohibiting sermon upon sermon.
c. Habits: Instruct the etiquette of eating, drinking sleeping, and
prohibit eating carrion.
IV The importance of arranging the objectives of Sharia:
The importance appears in the event of conflict between them, such as:
conflict between preserving one’s life and covering private parts of body.
Permissibility of drinking wine, alcohol for those who almost died from
choking because preserving one’s life comes first.
V The second: Classification
1. General makasid: they the objectives observed throughout the
Entire body of Islamic laws.
2. Specific makasid : these are observed throughout a certain chapter
of the Islamic law such as the welfare of Children and preventing
criminals.
3. Partial makasid : these are the intents behind specific scriptures of
rulings .