AN ASSESSMENT OF THE OBJECTIVES OF ISLAMIC LAW (MAQASID AL-SHARI’AH) IN THE PRESERVATION OF THE FIVE ESSENTIAL VALUES (NECESSITIES) (MAQASID AL-SHARI’AH

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Author

Presented To

Department of Law

ABSTRACT
It is undisputable fact that nowadays, the Muslim world in particular has realized the dire need to write, translate and produce many books and articles on the topic of maqasid due to its importance in addressing and solving modern issues challenging the Muslim Ummah. It is in this regard that this topic entitled “Assessment of the Objectives of Islamic Law {Maqasid Al-Shari’ah} in the Preservation of the five Essential Values” was chosen. This research topic was made somehow comprehensive in assessing and analyzing the five essential values, the way they have been protected and preserved punitively and affirmatively in relation to Islamic law of maqasid, was dealt with after the introduction of this knowledge and its historical development. This work also revealed the wisdom behind many criminal penalties and other injunctions in Islamic law. The methodology of this research is mostly doctrinal. Some other issues related to the field of maqasid and masalih which are always raised by the Islamic jurists and scholars, like whether maslaha, as a tool of maqasid al-Shari’ah, should be accepted, rejected in totality or accepted with conditions; whether the doctrine of maslaha should be regarded as a source of Islamic law or not; whether maslaha can serve as a tool of dynamism and modernism in Islamic philosophy were extensively treated in the conclusion chapter of the research. The researcher finally went to explore the facts that a comprehensive and objective approach to modern Islamic issues should be adopted, and not an atomistic view and rigidity on literal meanings of the text; and that Islamic law is maqasid-oriented, flexible and workable in every community, epoch and in all ramifications of human endeavor. All these were critically surveyed, analyzed and given a finishing touch. Finally, some suggestions were offered and recommendations proffered that would go a long way to solving the already stated problems and challenges in the areas of masalih and maqasid al-Shari’ah.