Explanation of the Purpose of Maqashid Syariah by Ahmad Sarwat, Lc., MA.

This Android application is an explanation of the intent of Maqashid Syariah by Ahmad Sarwat, Lc., MA. In PDF format.

Maqashid Sharia

Several classical scholars such as Al-Juwaini, Al-Ghazali, often allude to maqashid discourse in their books. But only limited to sub-chapters on the sidelines of their discussion in certain chapters. It was only in the hands of Imam al-Syathibi that the discourse on maqashid received great attention and found its format as a whole and systematized the themes of the discussion quite neatly, which he then wrote down in his monumental work al-Muwafaqat fi Ushul al-Ahkam.

Actually outside of the Al-Malikiyah school of thought, the term Maqashid Syariah is not very popular. So we will get it more among the scholars of the Al-Malikiyah school, who were originally born in Medina, who use a lot of maqashid al-shariah and use it massively. You can really feel in Al-Malikiyah's ushul fiqh how strong the use of al-masalih al-mursalah, sad ad-dzarai', istihsan, and istishab as a source of legal exploration.

As an illustration, as stated by Ar-Raisuni in his book Nadzariat Al-Maqashid 'Inda Imam Al-Syathibi, the Al-Malikiyah school views that buying and selling without consent is permissible, as long as both parties know the price of the goods.

Whereas in the Asy-Shafi'iah, Dzahiriah and Syi'ah schools, this kind of sale and purchase is null and void.

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