Maqasid Al-Shariah Theory: A Comparative Analysis Between The Thoughts Of Al-Shatibi And ‘Izz Al-Din Ibn ‘Abd Al-Salam

• Main Authors: Abu Bakar, Marina, Abdul Rahim, Ahmad Khilmy
• Format: Article
• Language: English
• Published: Human Resource Management Academic Research Society 2021
• Subjects: HB Economic Theory
• Online Access: https://repo.uum.edu.my/id/eprint/31315/1/IJARBSS%2011%2008%202021%20180-193.pdf; https://repo.uum.edu.my/id/eprint/31315/; https://hrmars.com/index.php/journals/archive_detail/IJARBSS/292
• Institution: Universiti Utara Malaysia

Maqasid al-Shariah is a unique discipline of Islamic knowledge in Islamic law. Understanding the maqasid al-Shariah is very important in understanding the true objectives of Islamic texts more comprehensively and accurately. Al-Shatibi and ‘Izz al-Din ibn ‘Abd al-Salam are among the leading figures and important references for contemporary Islamic law researchers in the field of maqasid al-Shariah. This article aims to analyze the comparison of thoughts between al-Shatibi and ‘Izz al-Din ibn‘ Abd al-Salam on the theory of maqasid al-Shariah. This is a qualitative research using library methods where data were obtained from classical and contemporary sources of Islamic law. The data were then analyzed using comparative methods. The results of the research found that although there are similarities in their thoughts, but the form of thinking between these two Islamic figures is still different. AlShatibi has divided the maqasid al-Shariah into two parts, namely the maqasid al-Shariah and the maqasid al-Mukallaf. Whereas, ‘Izz al-Din ibn ‘Abd al-Salam, on the other hand, discusses the theory of maslahah and mafsadah, which is a twin concept that refers to the maqasid alShariah. These two Islamic figures emphasize the aspects of maslahah and mafsadah and consider its concept as the basis for the existence of maqasid al-Shariah. The two figures have also made a division in al-Daruriyyat al-Khams(five interests). In discussing this problem, both figures have listed the five things without giving a sequence. Al-Shatibi didn’t add any element in the discussion of al-Daruriyyat al-Khams, while ‘Izz al-Din ibn ‘Abd al-Salam added the element of maintaining dignity (al-‘Ird). Nonetheless, both of them are using al-Tajribah (experiment) to identify maqasid al-Shariah. However, al-Shatibi didn’t mentioned about the inductive (istiqra’) method in identifying maqasid al-Shariah and prioritize the text (nas) over the intellect (‘aql) in worldly and hereafter matters. This is contrasting with ‘Izz al-Din ibn ‘Abd al-Salam as he used intellect (‘aql) to identify the maqasid al-Shariah in worldly matters, while the matters related to hereafter according to him can be determined through the text (nas) of Islamic law. This research is likely to contribute towards a new insight to the discipline of usul al-Fiqh and theory of maqasid al-Shariah for contemporary applications