Hamdard Islamicus Vol. XLV, No. 4 79 EXPANSION OF MAQÓSID THOUGHT BEYOND MAQÓSID AL-SHARÔ‘AH: MAQÓSID AL-QURÓN AS A NEW PARADIGM TAZUL ISLAM Faculty of Quranic and Sunnah Studies, University Sains Islam, Malaysia tazuljb@yahoo.comil: Ema Received on: 13-07-22 Accepted on: 06-11-22 https://doi.org/10.57144/hi.v45i4.514 Abstract The objective of this study is to examine a potential conceptual expansion of the concept of MaqÉsid (essential purposes of Islam). The contemporary developments in the MaqÉsid al-SharÊah, a popular goal theory of Islam, remains largely unchanged from the theoretical point of view, which was developed by the traditional Muslim scholars. Although the implementation of MaqÉsid al- Shariah has significantly grown, its theoretical development remains limited. Some current MaqÉsid thinkers, however, are prompted to make efforts to broaden this goal notion. They have entitled this new endeavor as ‘MaqÉsid al-QurÉn’ instead of MaqÉsid al-Shariah to imply a more expansive interpretation of MaqÉsid. They argue that the journey of MaqÉsid al-SharÊah should continue until it achieves a larger paradigm which might give it a wider methodological ability to function outside of the MaqÉsid al-Shariah framework. The researcher has used library data in the form of text from the pertinent books and scholarly articles to analyze new theoretical prospects of MaqÉsid. This study discovers that, in contrast to MaqÉsid al-Shariah which primarily focuses on the normative aspect of Islam, MaqÉsid al-QurÉn has the potential to be a broad Islamic goal theory since it expresses the goals of the entire Islamic discourse irrespective of normative aspect. It was defined more broadly than MaqÉsid al-Shariah by traditional and modern MaqÉsid scholars. Moreover, its methodological scope is deemed broader than that of MaqÉsid al- SharÊah. mailto:tazuljb@yahoo.com https://doi.org/10.57144/hi.v45i4.514 80 Expansion of Maqasid … Keywords: MaqÉsid al-QurÉn; MaqÉsid al-Shariah; Shariah; MaqÉsid; Quran. 1. Introduction As a subfield of Islamic studies, MaqÉsid al-SharÊah, consists of “principles that provide answers to the questions about the Islamic law”1 based on the “wisdoms behind rulings.”2 Having been conceptualized in early medieval era and evolved in several centuries, as Kamali asserts: “MaqÉsid in twentieth century scholarship has sought to expand its scope from a purely juristic context to the wider arenas of modernity and civilisation. He adds that the MaqÉsid should naturally have a higher profile as a goal- setter and determinant of values.3 He argues that if the Qur’an and Sunnah were to guide the way of the Muslim Ummah to new times and climes, it would necessitate studying the primary sources considering the broader universals of MaqÉsid.”4 Perhaps, this necessity was felt by many traditional and contemporary Muslim scholars including Abu Hamid al-Ghazali (d.1111C.E.), Izz al-Din ibn Abd al-Salam (d.1261C.E.), Ibn al- Qayyim (d.751A.H.), Al-Shatibi (d.1388C.E.), Rashid Rida (d.1935C.E.), Nursi (d.1960C.E.), Ibn Ashur (d.1973C.E.), Alwani (d.2016), Al-QaraÌawi (b.1926C.E.). These scholars have the pioneering contributions to MaqÉsid studies and they have clearly distinguished between MaqÉsid al-Quran and MaqÉsid al-SharÊah.5 This is maybe because of “the term SharÊah is more restricted in meaning than the term Din, which comprises of not merely the laws relating to a particular religion but also the basic, unchanging spiritual truths which, according to the Quran, have been preached by all of the Prophets. While the Shariah promulgated through them and the way of life (minhÉj) recommended by them, varied in accordance with the exigencies of the time and of each community's cultural development.”6 Using the term MaqÉsid al-Quran, they have set some unique concepts and functional mechanism which are not entirely identical to MaqÉsid al-Shariah. This could imply that both have distinctive scope to function. For instance, while MaqÉsid al- Shariah, focuses largely on formulation of juristic judgements, MaqÉsid al-Quran is used as an interpretive tool for the entire Quranic content regardless of normative part. Hence, its scope appears wider than MaqÉsid al-Shariah. 2. Background Hamdard Islamicus Vol. XLV, No. 4 81 As a nascent idea in the medieval historical context, al- GhazÉlÊ introduced MaqÉsid al-Quran as a branch of Islamic sciences. Then, Muslim academics' interest in this topic significantly increased as noteworthy contributions to the field were made by Al- Baghawi, al-Razi, Ibn Abd al-SalÉm (d.1261C.E.), Al-ShatÊbi (d.1388), Al-Biqai (d.885 A.H.), and others. This increased scholarly attention which eventually reached a point where the urge to include it in the principles of Qur'anic exegesis (AdÉb al-TafsÊr) by certain notable exegetes of the Qur'an, including Ibn 'Ashur (d.1973C.E.), 'Izzat Darwazah (d. 1987C.E.), and Muhammad 'Abduh was felt. A prospective intellectual discussion on MaqÉsid al-QurÉn is now being held through academic conferences and seminars, TV talks, academic publications, and books. As a result, the concepts have been evolving and diversifying, new problems are being presented, and long-forgotten problems are being brought up again. On the other hand, MaqÉsid al-SharÊah, has gained the greatest traction. Its literary heritage is impressive and extensive. It has long been a well-discussed subject in Islamic jurisprudence (fiqh). Moreover, it is now considered as an independent field in education. This position was embellished with an impressive extension of its purview. It has attracted scholarly interest from many different fields. All these advancements are credited to the originality of its conceptual framework which was developed by traditional Muslim thinkers like al-GhazÉlÊ and al-ShatÊbi. Alwani and Audah, two contemporary experts in the topic, suggested a further development of MaqÉsid thinking beyond the conventional framework of MaqÉsid al-Shariah. They have promoted a new framework the term MaqÉsid al-Quran, although this has not yet garnered scholarly attention like MaqÉsid al-SharÊah. 3. Literature Review 3.1. MaqÉsid al-SharÊah Islamic legal thinking includes the doctrine of the MaqÉsid as a subset. Al-Juwayni (d. 478/1085) created the initial cornerstone by dividing the MaqÉsid al-SharÊah into the three categories of essential, complimentary, and desirable (ÌarurÊyyÉt, hÉjiyyÉt, tahsÊniyyÉt), which was widely acknowledged by most of the scholars in the field. The ground-breaking discoveries of Juwaynî were later expanded upon by his student al-Ghazali, in his thesis on public interest (maslahah) and effective cause (ta'lîl), in which he postulated five goals of shariah: the preservation of faith, life, intellect, lineage, and property. The notion of MaqÉsid was then developed by al- Shatibi (d. 790/1388), who made a ground-breaking contribution. Ibn Ashur furthered the concept of MaqÉsid among the MaqÉsid theorists of his time. In his view, MaqÉsid al-Shariah should be viewed as a 82 Expansion of Maqasid … method of ijtihÉd rather than a foundational concept. He contends that using a linguistic method alone is insufficient and that one must also use a causal and theological approach.7 Following these developments, various hypotheses and inventions are constantly being revealed. For instance, Al-Najjar introduced a change in MaqÉsid al-Shari'ah by grouping its four main goals into four categories: preserving the worth of human life (hifzh qimat al-hayÉh al-insÉnÊyyah), preserving human essence (hifzh al- dzat al-insÉnÊyyah), preserving society (hifzh al-mujtama'), and preserving the natural environment (hifzh al-muhit al-maddi). Al- Najjar also suggested changing the focus of MaqÉsid al-Shariah from the limited-individual advantage to the all-inclusive-social benefit. The application of the theory broadens and becomes multi- disciplinary as conceptual development continues. To do this, a meta- ethical basis of universal principles is employed which is called maslahah (public well-being). Based on this universality, the MaqÉsid Al-SharÊah is expected to broaden in scope and change from being only an area of Islamic jurisprudence (fiqh) and the principles of Islamic jurisprudence (Ushul al-FÊqh) to an economic, political, and social arena.8 In a recent development, MaqÉsid al-Shariah has only recently begun to serve not only as the theoretical cornerstone for numerous facets of Islamic banking and economics but also many other academic discipline where there is no direct evidence available from the primary and secondary sources of Shariah. Wanto, at.al, claim that MaqÉsid al-Shariah is a universal idea that may be applied to all facets of life.9 This change is based on the MaqÉsid al-SharÊah's structure rather than changing it to fit a new paradigm. 3.2. MaqÉsid al-Quran MaqÉsid al-Qur’Én has attracted a considerable attention from both traditional and modern Muslim thinkers throughout the course of a lengthy literary history. A basic conceptual framework for MaqÉsid al-Qur'Én which includes a general identification of the basic MaqÉsid of the Qur'an; a characterization of this term as a science and a core of the Qur'an; a categorization of its entity into the basic and the secondary; a development of an inclusive MaqÉsid trend in Qur'anic exegesis; and the introduction of the necessity of MaqÉsid. These can be found in the literatures listed below. Al-Qaradawi asserts that the Qur’an repeatedly discusses and stresses seven principles and purposes. These are the main purposes and ideas that Qur’anic verses and surah emphasize in their setting. He says that “the Qur’an calls upon human beings to embrace the Qur’anic purposes and principles because they cannot attain righteousness without exercising them”. The author lists seven purposes that, in his opinion, are frequently mentioned in the Qur’an. Hamdard Islamicus Vol. XLV, No. 4 83 He accords these purposes with the utmost priority. The following are the Qur’Én’s seven primary goals: presenting the revision of beliefs and ideas of the Prophet, the Deity, and recompense; acknowledging human rights, especially those of the weak, and man's role on the planet; encouraging people to revere and fear God; encouraging men to cleanse their spirits; establishing a sound family structure and defending women's rights; construction of a model Ummah; Sending summons to one another for cooperation among human beings. Al-Qaradawi's method for addressing the Qur’Én’s MaqÉsid is notable for its thoroughness and application. He provides sub- issues to support the MaqÉsid that he discovered. However, it is also noted that several of his suggested purposes—such as the formation of a strong family structure and the Safeguarding of women's rights— are not universal because the Qur'an typically protects the rights of the whole human race, not just a small portion of them. In a same vein, the Qur’an seeks to establish strong social and political systems in addition to the family unit.10 In another recent study in the field, Lahham has authored one of the most recent books on MaqÉsid al-Qur’an in which she categorizes the verses of the Qur’an According to their MaqÉsid and classifies MaqÉsid al-Qur’an into the welfare of the individual, welfare of the ummah, development and progress of civilization, and protection of religion. She then discusses secondary MaqÉsid under every class. This book seems reluctant to identify the basic MaqÉsid of the Qur’an through a methodological approach. In some cases, it seems a mere portrait of some secondary MaqÉsid in the Quran like MaqÉsid of human life. The contents of the book are mostly influenced by the concept of MaqÉsid al-sharÊah, more specifically by the theory of “public interest” (maslahah). This influence of a particular perspective in dealing with MaqÉsid al-QurÉn undoubtedly defects the distinctive entity of the subject. However, this book could be a useful source book in knowing a maximum number of secondary MaqÉsid of the Quran as the author amounts them to some 2,200, and these are mentioned in some 1,950 verses.11 HÉmidi, is another recent author on MaqÉsid al-Quran who relatively treated a wide range of the issues concerned. However, the content includes a definition of MaqÉsid al-Qur’an, its classification, MaqÉsid of the Quran in actualization of personal welfare, social welfare, and finally universal welfare. The whole content seems profoundly colored by the theory of MaqÉsid al-SharÊah. Any specific significant discussion about MaqÉsid al-QurÉn is rarely presented in it.12 Above all, while the literature that is now accessible has some crucial foundational information on this subject. They may also serve 84 Expansion of Maqasid … as a springboard for its future growth into a comprehensive idea and a specialized field of Islamic studies. 3.3. An Urge for Expanding MaqÉsid Thought MaqÉsid al-Shariah develops within its purview. This is demonstrated by its progression from secondary methodology to a basic methodology and finally to a multidisciplinary science. Auda explains, this concept was primarily developed “as a secondary topic within Usul al-fiqh, usually under the category of ‘unrestricted interests’ (al-Masalih al-mursalah) or the appropriate attribute for analogy (munasabah al-qiyas).”13 Al-MasÉlih al-Mursalah was born in a historical context when the available methods in SharÊah were “proved incapable of coping with the complexities of the evolving civilisation in the fifth century. Therefore, unrestricted interest (al- maslahah al-mursalah) was developed as a method that covers ‘what was not mentioned in the scripts,’ and thus, compensates for the limitations of qiyÉs (legal analogy).”14 Then, it was urged as a fundamental methodology by some contemporary scholars, including Raysuni, ‘Atiyah and the Shia scholar Mahdi Shamsuddin, who recommend a certain expansion of the Usuli IjtÊhad to embrace the wider idea of IjtÊhad MaqÉsidi which is also known as ijtÊhad maslÉhi.15 Auda adds that the MaqÉsid al-SharÊah was proposed by some twentieth century reformers as a standalone discipline.16 Moreover, this evolution goes on and supersedes its restricted disciplinary functionality. Auda aptly explains in the following statement: “In order to remedy the individuality drawback, the notion of MaqÉsid has been expanded to include a wider scope of people – the community, nation, or humanity, in general. These expansions of the scope of MaqÉsid allow them to respond to global issues and concerns, and to evolve from ‘wisdoms behind the rulings’ to practical plans for reform and renewal. Finally, contemporary scholarship has introduced new universal MaqÉsid that were directly induced from the scripts, rather than from the body of fiqh literature in the schools of Islamic law. This approach, significantly, allowed MaqÉsid to overcome the historicity fiqh edicts and represent the scripts’ higher values and principles.”17 According to Alwani, the following factors contributed to the early period's disregard for priority jurisprudence and MaqÉsid discourse: dominance of a strictly religious orientation; predominant partial jurisprudential trends, wherein each unit or issue is supported by only partial evidence; the predominance of lone (non-integrated) revelation reading; the language apparatus or linguistic framework is the exclusive focus of legal speech; monotonous thinking that ignores Hamdard Islamicus Vol. XLV, No. 4 85 the theory of time-space relativity; developing theories and hypotheses while staying away from practical applications; influence of different patterns originating from a former legal system, such as the SharÊah found in the Bible; lack of distinction between servitude to humans and obedience to Allah based on intelligence, as well as hypothetical parallelism; the characteristics of SharÊah are not taken into account while developing a methodology; failure to consider the features of SharÊah as methodological factors and confining them to a merely desirable attribute.18 Even, while significant traditional Muslim scholars, such as the companions of the Prophet Muhammad, have had access to MaqÉsid ideas from the inception of the Muslim nation, MaqÉsid has not developed then into an independent field of study.19 Continuing, he claims that as MaqÉsid al-SharÊah is no longer merely a chapter in Usul al-Fiqh and has instead turned into its own field of study (Principles of Islamic Jurisprudence). However, the idea of "Higher Objectives of the Quran" should have been developed and implemented in people's daily lives sooner rather than later.20 3.4. Methodology This study addresses a query posed by MaqÉsid scholars who are experts in Islamic legal theory. According to the body of current literature on the issue, MaqÉsid al-Shariah scholars have given the issue a great deal of consideration. The contemporary advancement on the subject and its applications consequently become multidisciplinary. Some academics believe that it is appropriate to broaden the MaqÉsid's current theoretical framework. Attempts have been undertaken to achieve this under the title MaqÉsid al-QurÉn. This paper investigates the justification for this endeavour. Thus, using a qualitative research technique, the researcher used library data gathered from textual sources like books and academic publications. The interpretation and analysis of the textual evidence were then illustrated. The logical components of scholars' arguments on the future development of Islamic goal theory (MaqÉsid) were addressed. 4. Findings and Discussion 4.1. Generalization of Objectives of Entire Religion (Din) over Objectives of Shariah Islam holds that there is only one divine entity that is present in all revealed religions. The basics for these religions hence remain mostly same regardless of space and time throughout human history. The QurÉnic passages and Prophet Muhammad's narratives provide credence for this position. 86 Expansion of Maqasid … “The same religion has He established for you as that which He enjoined on Noah - which We have sent by inspiration to thee - and that which We enjoined on Abraham, Moses, and Jesus: Namely, that ye should remain steadfast in religion, and make no divisions therein.”21 “To establish the religion and not be split in it” refers to establishing God’s monotheism and obedience, faith in his messengers and their scriptures, the Day of Resurrection, and the rest of the requirements for being a Muslim. SharÊah is not included because it addresses the interests (masalih) of nations based on their own context which is often different and varies from country to country22. Al-Zamakhshari supports his opinion by citing another verse from Quran, “Unto every one of you have We appointed a [different] law and way of life”23. This verse, according to al-Razi, shows that the Shariah is divided into two parts, the first of which is protected from abrogation and change, for example, truth, justice, and charity, as well as the prohibition of lying, injustice, and injury. The second, on the other hand, might be altered and varied. Its purpose, however, is to strengthen the first type because it is more efficient in achieving bliss in the afterlife24. Rather than describing the Shariah as an entire religion (Din), the QurÉn presents it as a component of it or as part of the entire Quranic teachings. While QurÉn is essentially a holistic scripture that covers theology, morality, rites and rituals, its coverage of legal codes which amounts approximately 500 verses. “O ye messengers! Enjoy (all) things good and pure, and work righteousness: for I am well-acquainted with (all) that ye do. (51) And verily this Brotherhood of yours is a single Brotherhood, and I am your Lord and Cherisher: therefore, fear Me (and no other.”25 Islam is based on the belief that a true believer is one who believes in each of God's Prophets, as well as all that were revealed to them. “Say ye: We believe in Allah, and the revelation given to us, and to Abraham, Isma'il, Isaac, Jacob, and the Tribes, and that given to Moses and Jesus, and that given to (all) Prophets from their Lord: We make no difference between one and another of them: And we bow to Allah (in Islam).”26 “To thee We sent the Scripture in truth, confirming the scripture that came before it, and guarding it in safety: so judge between them by what Allah hath revealed, and follow not their vain desires, diverging from the Truth that hath come to thee. To each among you have we prescribed a law and an open way. If Allah had so willed, He would have made Hamdard Islamicus Vol. XLV, No. 4 87 you a single people, but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues. The goal of you all is to Allah; it is He that will show you the truth of the matters in which ye dispute;”27 Allah's Messenger (Øal Allah-u-‘alaihe wa sallam) said, “The Prophets are paternal brothers; their mothers are different, but their religion is one.”28 This phrase was told in a metaphorical way, implying that all the Prophets have the same basics of Islamic doctrine while differing in non-fundamental concerns, similar to siblings who have different stepmothers but the same father.29 The non-fundamental, on the other hand, refer to legal difficulties (fiqhiyyÉt).30 Scholars of Sunnah (a specialised academic discipline concerned with Prophet Muhammad's traditions) went on to clarify the same basics, which include Tawhid (Oneness of God) and all topics in Ilm al-Kalam (Islamic theology).31 According to Ibn Hajar, tawhid (Oneness of Allah) was the central thesis of all Prophetic revelations.32 Even though Prophets emerged at different times and in different places, this basic commonality remained constant.33 In a broader sense, all the Prophets share a commonality of Din, though their sharÊah was not identical in all respects. As a result, their purposes may differ from sharÊah to sharÊah. Fasting, for example, was a law for all Prophets, but the prohibitions and permissible were not the same. Having sexual intercourse during the fasting month was not permitted in the Shariah of previous Prophets. However, it is permitted by the Islamic shariah. In addition, the goal was to make things easier (taysir) for the Ummah of Prophet Muhammad. This demonstrates that Shariah's goals are more limited than those of the entire al-Din. The goals of the entire Din have remained same throughout Islam's history, from the first Prophet to the last. As a result, MaqÉsid al-Shariah cannot be equivalent to MaqÉsid al-Din. 4.2. Scholars’ Generalisation of MaqÉsid al-Quran The Quran's higher purposes are regarded as the absolute foundations. They are limited to only one source, the Quran, in terms of essentiality, generality, absoluteness, universality, and regulation. This is accomplished by reading, comprehending, and thinking in a holistic manner. This integration must lay forth its ideas and procedures so that it can be approached more easily and employed as a Quranic methodological factor or instrument.34 88 Expansion of Maqasid … As previously stated, traditional Muslim scholars' identification of MaqÉsid al-Quran is largely influenced by Islamic theological perspective. According to them, the greater goals of Quran include, among other things, the basic themes of Islamic Theology, such as Tawhîd (Unity of Allah), Prophethood, Reward and Punishment in the Hereafter, and Divine Determinism.35 Al-Ghazali lists six main goals of the Quran: introducing Allah (SWT), introducing the Straight Path, describing the situation in the Hereafter, describing the status of people who answer Allah's call, describing the position of those who reject, and educating the way- stations on the path to Allah (SWT).36 The MaqÉsid al-Shariah, according to him, are five as follows: protect money, preserve chastity, preserve the capacity of reason, and preserve religion.37 Al-Ghazali's ideas on MaqÉsid al-Quran and MaqÉsid al- Shariah are plainly distinguishable. In terms of nature, he claims that the five goals of Shariah are exclusively normative in nature because they deal exclusively with legal issues.38 In the case of MaqÉsid al- Quran, on the other hand, his ideas are more theological than legal as evidenced by the first MaqÉsid of the Quran, which he divides into three categories: "knowledge of Divine Being, knowledge of His qualities, and knowledge of His acts."39 The rest of al-Ghazali’s classifications of MaqÉsid, unlike the sixth objective (MaqÉsid), are also concerned with metaphysical issues namely Hereafter, Angels, Heaven, Hell – and the Quranic dialectics40 which are totally devoid of normative nature. Yet unlikely, according to al-Ghazali, the “sixth objective [of the Quranic verses] includes those which are termed lawful, unlawful, and the bounds of God.41” In addition, he mentions the essential theory of MaqÉsid al-Shariah which is preservation, invoking well-being, and repealing corruptive means (dar' al- mafsadah).42 The MaqÉsid al-Quran thesis of Ibn Ashur covers a wide variety of important Quranic issues, such as belief reform, moral purification, legal regulation, historical narrations, recompense, and requital, and the inimitable (i'jaz) nature of the Quran. Like al- Ghazali, he considers the legal part of the Quran to be one of its numerous objectives. He clearly distinguishes between MaqÉsid al- Quran and MaqÉsid al-Shariah differently since the former include eight aims while the latter just three. His MaqÉsid al-Shariah theory is entirely concerned with legal ramifications, and for five objectives that are all entirely concerned with issuing judgments in analogous situations as well as comprehending the rationale and wise purpose behind the Lawgiver's enactment of any law. He requires that jurists be knowledgeable in this branch of knowledge.43 In contrast to MaqÉsid al-Quran, he does not discuss any moral, theological, historical, or philosophical issues in MaqÉsid al-Shariah. He makes Hamdard Islamicus Vol. XLV, No. 4 89 a thorough connection between this branch of knowledge and the technical procedures for locating a legal judgement whose legal status is unclear, undetermined, ambiguous, or inconsistent with the time and space. In his book of Tafsir, al-Tahrir wa al-Tanwir, he provides instances of how to read verses from the Quran whereby Allah's (SWT) intent should be emphasised. Yusuf al-Qaradawi also identified the following eight goals: the acknowledgment of man's position on the earth and rights, particularly those of the weak; motivating humanity to worship and fear God; enticing men to purify their souls; establishing a balanced family structure and upholding women's rights; building a model Ummah; and a call to mutual assistance in the human community.44 Rashid Rida enumerates eight goals: exposing the foundational tenets of the faith; Prophethood and the missions of the Prophets; mental perfection; humanistic, socio-political, and national reforms; exposing Islamic motivation on role and responsibility and the general benefits of its prohibitions; exposing the modes, foundations, and general principles of universal Islamic political rule; ensuring religious and civic rights for women; directing financial transformation; rethinking military strategy and philosophy and eliminating its flaws and difficulties; recognizing the approaches of Islam to ending slavery.45 Muhammad Abduh asserted that the primary purposes of the Quran are the oneness of God; the assurance of a plentiful reward, the admonition to follow it; and the threat of punishment for those who do not; worship which arouses the heart and firmly establishes Divine unity in the spirit; explanation of how is the way of bliss and leads to the rewards of the afterlife; stories of those who followed Allah's path and those who did not.46 Thus, some Muslim scholars hold that the MaqÉsid al-Qur'an and the MaqÉsid al-Shariah are distinct and differ from one another in terms of classifications, functional scopes, ramifications, and nature. It is understood that they are not comparable. Majority of the scholars believe that the objectives of shariah cannot be generalized to the entire text of the Quran. In addition to the normative content (shariah) and other paradigms such as Tawhid and Akhirah have been established as the basic concepts of the Qur'an. 4.3. Methodology of Conceptualizing of MaqÉsid al-Quran and MaqÉsid al-Shariah While thematic induction was employed to reach to a broad MaqÉsid, an effective cause (talil) was utilised to determine the goals of a specific Quranic law. An effective cause of a solitary verse or 90 Expansion of Maqasid … law, on the other hand, may differ from the effective causes of a group of verse or the entire unit that surrounds the law. The MaqÉsid discourse was formed based on Islamic legal maxims and the search for aims to grasp and redirect the fragmentary scripture, known as induction (from branches to the core).47 It begins with a comprehensive inductive methodology that tries to make a relationship between individual units of law and the terms of general law with several pieces of evidence. Hence, it starts with a complete inductive technique that uses various data to establish a link between unique units of law and the provision of the general law. Thus, it has authority over a single legal unit. MaqÉsid methodology assumes that all shariah content has a logical and noble meaning. A maxim is considered an objective of shariah.48 Contemporary academics devised approaches such as "thematic unity," "ring theory," and "coherence" to gain a full grasp of the Quranic content. These prominent techniques appear to have been overlooked in MaqÉsid al-Shariah methodology. While the Quran's normative passages (shariah) have goals, the rest of the text usually does the same as well. As the nature of the content determines the purposes, the underlying objectives of the legal content of the Quran cannot be applied to the rest of the content, which is of a different character. As a result, a bigger MaqÉsid framework that encompasses the entire Quran is required. In addition, MaqÉsid al- Shariah theory of formulated based on human reasoning, and its terminologies were chosen by human beings. Unlike the purposes of the Quran, which have been articulated in a clear terms by God Himself, which leaves limited scope for human reasoning or hypothetical opinion to deal with them. Thus, the identification of MaqÉsid al-Quran appears more methodologically sound than the shariah. 4.4. Capacity of MaqÉsid al-Quran as a general Islamic Goal Theory MaqÉsid al-Quran has the potential to be an all- encompassing Islamic goal philosophy. It can be used to investigate and comprehend the MaqÉsid of the entire Quranic discourse, legal and non-legal alike. Its primary focus is on reading Quranic passages considering their goals and demonstrating how these goals might be met. Goal orientation in the Quran includes different contexts such as success and failure, the creativity of God, meaningfulness and absurdity, management and planning, wisdom, value, guidance, process, consequence, guidance and misguidance, problem solving, performance, quality assessment, intention. With this, MaqÉsid al- Quran can offer a more holistic problem-solving capacity to real-life problems which are not essentially law driven. Hamdard Islamicus Vol. XLV, No. 4 91 4.5. Methodological transcendence of MaqÉsid al-Quran Some traditional and modern Muslim academics employ MaqÉsid al-Quran as a methodological technique. It was employed by Al-Ghazali in his Jawahir al-Quran for his theory of categorization and knowledge integration. In this approach, he divides the Quran's six major aims into two categories: "main" and "secondary." The cornerstone of al-Ghazali’s classification of religious studies was grounded on the fundamental aims of the Quran and their categorization. Both are intertwined because of Islamic sciences are categorized according to the classification of the Quranic purposes. Moreover, MaqÉsid al-Quran is employed as an interpretative tool for the verses of the Quran by some Quran interpreters. Ibn Ashur, for instance, is one of the few Muslim scholars who believe that MaqÉsid al-Quran should be made as a principle of interpreting Quran. To outline the MaqÉsid al-Quran, he claims that a Quran commentator's goal should be conveying God's intention prescribed in His Book and provide the meaning and semantic connotation. He must be knowledgeable in MaqÉsid of the Quran.49 Ibn Ashur then divides interpreters' views into three categories: firstly restricted, shallow, and outer interpretations of texts; second, constructing indirect meanings that the context and suggestion of the words necessitate but do not contradict the Quran's MaqÉsid; and third, explanation derived from the context.50 Intriguingly, Taha Jabir Alwani, a MaqÉsid specialist, presents some additional methodological capabilities of MaqÉsid al-Quran. According to him, two approaches were discussed to rebuild the link between Islamic teachings and Muslims' daily lives: a) demonstrating the purpose of laws; b) rearranging the priority in shariah and the developing the MaqÉsid ideas.51 He claims that the Quran's higher purposes may be employed as a methodological tool in a variety of situations, including the following: 1. Higher objectives of the Quran and the relation between Quran and Sunnah: “Sunnah is an applied and practical manifesto for the Quran. Under the Quran's greater purposes, Sunnah and Sirah (biography of Prophet Muhammad) serve as two practical and applied forces for Quranic guidance.” As a result, Sunnah supports the Quran's unified structure. Thus, it should be read and comprehended with this unity in mind. Sunnah is a practical way of putting Quranic teachings into practice. This method could be effective in solving the partial reading of the narrations. Sunnah clearly emerges as a method and source in the 'higher purpose' framework, serving as a practical 92 Expansion of Maqasid … explanatory regulation for constitutional provisions in the legal domain. Furthermore, the legal part of the Quran does represent merely one dimension or one aspect of the Quran's numerous other features. 2. Higher objectives and holy books of the Prophets: “Higher objectives cannot be considered as a fundamental unless they are found commonly in the holy books of Prophets. Higher objectives comprise of the connotation of ‘objectives of shariah’ as it is prevalent to the Islamic jurists who have reduced its role to describing the underlying reason or wisdom behind a ruling of law. The aim was to ensure the subjects of the law that whatever was ordered to them was, in fact, to ensure three categories of well-being: beginning with the essentials (daruriyyah), the needs (hajiyyah) and the luxuries (tahsiniyyah).” 3. Higher objectives of the Quran and regulating the sub-laws: “Higher purposes must be able to reign over sub-laws and regenerate them in accordance with all human needs. As a result, there is a link between the fundamental and subordinate laws.” 4. Higher objectives and constitutional principles: “In terms of legal framework, the Quran's higher purposes appear like the constitutional principles which could lay out constitutional articles and legal principles.” 5. Higher objectives and the prospects of renewal of Islamic jurisprudence: The adoption of a higher objective system would result in renewal compatibility in basics of Islamic jurisprudence as well as jurisprudential issues. It has the potential to save them from their flaws. 6. Higher objectives of the Quran and effectiveness of Tajdid (Islamic renewal) and Ijtihad (Islamic legal reasoning): “The Quran's greater purposes include not just dalil (legal evidence) or fundamentals of jurisprudence, but also the foundation for reconstructing jurisprudential principles, renewing it, and establishing "grand jurisprudence" on it. It will then assist in revisiting Islamic jurisprudential tradition, purging it of decades-old impurities, putting it under Quranic ratification, and freeing it from the effects of locality and nationality so that it can be elevated to a universal standard and participate in the articulation of a “joint global culture.” 7. Higher objectives of the Quran and creating a critical approach: “Higher objectives would foster a critical sense among researchers, resulting in the development of a criterion for all types of knowledge through which it could be filtered what aligns with these goals and what does not.” 8. Higher objectives of the Quran and activation of the characteristics of shariah as a methodology: “application of Hamdard Islamicus Vol. XLV, No. 4 93 the ‘system of MaqÉsid' would function to cleanse Islamic juristic heritage and the Quran's system of higher objectives would bring vitality and sound effectiveness to the qualities of shariah.” 9. Higher objectives of the Quran and theory of education: “The Quran's higher purposes can help in developing a comprehensive education framework for all Islamic disciplines as well as social sciences. This idea can be used to categorize, describe, and understand the data. It can also be used as a methodology for putting advanced criteria for the experiment. It could also be effective in developing local and national culture. It would be capable to bring about a unified civilization which could form a universal society that overcomes distinctive cultural, regional, and national temperament; and establish a just and rightly guided society. It is, as a system, capable to develop a principle for a universal thought because it can deal with scientific method.” 52 5. Conclusion The MaqÉsid al-Quran and the MaqÉsid al-Shariah are philosophically linked, yet distinctive. Both, however, have unique theoretical foundations and domains of application. While the scope of MaqÉsid al-Shariah is restricted to a theoretical framework broadly connected to five well-known principles namely: (a) the preservation of the self; (b) the preservation of the reason; (c) the preservation of the religion; (d) the preservation of the property; (e) and the preservation of lineage, some contemporary scholars argue that the theoretical and methodological boundaries of MaqÉsid al- Shariah must be expanded. To this end, they suggest an enlarged MaqÉsid framework namely MaqÉsid al-Quran with a broader methodological capacity and conceptual framework. This study finds out the underlying reasons behind this potential capacity of MaqÉsid al-Quran as the following: a) it represents the objectives of entire Islamic discourse unlike MaqÉsid al-Shariah as its scope it limited to Islamic law which is only one of the major aspects of Islam; b) scholars’ identification of MaqÉsid al-Quran ranges wider conceptual framework then the MaqÉsid al-Shariah; c) while the formation MaqÉsid al-Quran theory lies on entire themes of the Quran, the theory of MaqÉsid al-Shariah was developed largely based on induction of underlying wisdoms and effective causes behind the Islamic laws; d) in terms of methodology, MaqÉsid al-Quran transcends the methodological capacity of MaqÉsid al-Shariah. This evolution in MaqÉsid thought is significant because it could encourage the researchers in the field to venture into finding out the fresh understanding of MaqÉsid issues. The implication of this fresh understanding could contribute to renewing the MaqÉsid reasoning, 94 Expansion of Maqasid … building multi-disciplinary theories, expounding scope of research and assessment, and treating relevant current issues in a holistic MaqÉsid approach. However, findings of this research are limited to explaining rationale behind scholars’ arguments and hypothesis on potential expansion of MaqÉsid that could go further than that of the limits of MaqÉsid al-Shariah. However, this study suggests further research on conceptual framework for MaqÉsid al-QurÉn, its methodological principles, and its functional universality. 6. Acknowledgment This research was not funded. Notes and References 1 Jasser Auda, Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach (Herndon: International Institute of Islamic Thought, 2008), 1. 2 Ibid. 3 Mohammad Hashim Kamali, "Actualization (Taf'il) of the Higher Purposes (Maqasid) of Shari'ah." ICR Journal 8, no. 3 (2017): 295-321. 4 Ibid. 5 Tazul Islam, "The Genesis and Development of the Maqaṣid al-Qur’an’." American Journal of Islam and Society 30, no. 3 (2013): 39-58. 6 Muhammad Asad, The Message of the Qur’an (Gibraltar: Dar Al-Andalus, 1980), 153. 7 Zahwa Syihab, "The Innovation of Al-Najjar's Thought in Maqasid Al-Shari'ah." Mimbar Agama Budaya 38, no. 1 (2021): 18-34. 8 Wanto, Deri, Rahmad Hidayat, and Repelita Repelita. "Maqasid Shariah’s Change as Theory: From Classical to Contemporary Maqasid Shariah." Al- Istinbath: Jurnal Hukum Islam 6, no. 2 (2021): 427-454. 9 Ibid. 10 Yusuf Al-QaraÌawi, Kayfa Nata‘amal Ma‘a Al-Qur’an Al-‘Adim (Qatar: Markaz Al-Buhuth Al-Sunnah wa Al-Sirah, University of Qatar, 1997). 11 Hanan Lahham, MaqaÎid al-Qur’an al-Karim (Damascus: Dar al-Hanan, 2004). 12 Abd al-Karim Hamidi, Maqasid al-Qur’an al-Karim min Tashri al-AÍkam (Beirut: Dar Ibn Hazam, 2009). 13 Jaser Auda, Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach (USA: International Institute of Islamic Thought, 2008) 16. 14 Ibid, 16. 15 Kamali, Actualisation (Taf'il), 1-27. 16 Auda, Maqasid al-Shariah, 25. 17 Ibid, 4-9. 18 Taha Jabir Alwani, Nahwa al-Tajdid wa al-Ijtihad (Egypt: Dar Tanwir, 2008) 182- 183. 19 Ibid, 183. 20 Ibid, 185. 21 The Holy Qur'an, 42:13, Translated by Mufti Muhammad Taqi Usmani (Karachi: Maktaba Ma’ariful Quran, 2010). 22 Abu al-Qasim Al-Zhamakhshari, Al-Kasshaf fi Haqaiq al-Tanzil, vol. 4 (Beirut: Dar Ihya al-Turath al-Arabi, 1407 AH), 215. 23 The Holy Qur'an, 5:48. 24 Fakhar al-Din Al-Razi, Mafatih al-Ghaib, vol. 27 (Beirut: Dar al-Kutub Ilmiyyah, 2000), 27. 25 The Holy Qur'an, 23:52. 26 The Holy Qur'an, 2:136. Hamdard Islamicus Vol. XLV, No. 4 95 27 The Holy Qur'an, 5:48. 28 The Sahih Al-Bukhari, 48:3443, Translated by Dr. Muhammad Muhsin Kahn (Riyadh: Darussalam Publishers and Distributors, 1997). 29 Muhammad Anwar Shah Al-Kashmiri, Faidh al-Bari ala Sahih al-Bukhari, vol.4 (Lebanon: Beirut, Dar al-Kutub al-Ilmiyyah, 2005) 402. 30 Badr al-Din Al-‘Aini, ‘Umdah al-Qari’ Fi Sharh al-Bukhari, vol. 16 (Beirut: Dar Ihya al-Turath al-Arabi,) 36. 31 Ibid. 36. 32 Ahmad bin ‘Ali bin Hajar Al-Askalani, Fath al-Bari, vol. 6 (Beirut: Dar al- Ma’rifah, 1959,) 489. 33 Ahmad bin Muhammad Al-Kastalani, Irshad al-Sari li Sahih al-Bukhari,vol.5 (Egypt: Al-Matbaah al-Kubra al-Amiriyyah, 1905,) 416. 34 The Sahih Al-Bukhari, 48:3443, Translated by Dr. Muhammad Muhsin Kahn (Riyadh: Darussalam Publishers and Distributors, 1997). 35 Ahmad bin Muhammad Ibn Hanbal, al-Aqedah (Damascus: Dar Qutybah, 1408 A.H.) 1-123. Jamal al-Din AÍmad al-Ghaznawi, Kitab Usul al-Din (Beirut: Dar al- Bshai’r al-Islamiyah, 1998) 57. 36 Abu Hamid Al-Ghazali, Jawaher al-Qur’an, ed. Rashid Rida al-Qabani (Beirut: Dar IÍya al-Ulum, 1985) 23. 37 Abu Hamid Al-Ghazali, al-MustaÎfa fÊ Ilm al-UÎul, ed. MuÍammad Abd al-Salam Abd al-Shaqi (Beirut: Dar al-Kutub al-Ilmiyyah, 1413 A.H) 174. 38 Ahmad al- Raysuni, Imam al-ShaÏibi’s Theory of the Higher Objectives and Intents of Islamic Law, tr. from Arabic by Nancy Roberts (Kuala Lumpur: Islamic Book Trust, 2006) 19. 39 Abu Hamid Al-Ghazali, The Jewels of the Qur’an, tr. from Arabic by Muhammad Abul Quasem (Kuala Lumpur: University of Malaya Press, 1977) 23. 40 Al-Ghazali, The Jewels, 26-29. 41 Ibid. 33. 42 Ibid. 30-32. 43 Tahir Ibn Ashur, Maqasid al-Shariah al-Islamiyah (Beirut: Dar al-Lubnan, 2004) 135. 44 Al-Qaradawi, Kayfa Nat‘amal, 63. 45 Muhammad Rashid Rida, Al-WaÍy Al-MuÍammadi (Beirut: Foundation of ‘Izz Al- Din, 1306 H) 191. 46 MuÍammad Abduh, Fi Tafsir al-Quran in Al-Amal al-Kamilah li al-Imam MuÍammad ‘Abduh, vol. 4 ed. MuÍammad Imarah (Cairo: Dar al-Shuruk, 1993), 23. 47 Ibid. 178 48 Ibid. 179 49 Muhammad al-Ùahir Ibn Ashur, al-TaÍrir wa al-Tanwir, vol.1 (Tunisia: Dar Sahnun,1997,) 39. 50 Ibid. vol.1, 40. 51 Alwani, Nahwa al-Tajdid, 177 52 Ibid. 185-209.