The Objectives of Shariah

A 5-day Fiqhi Workshop on the Topic of ‘Aims and objectives of Shariah’ was organized under the aegis of the Academy, for the first time in India, at Jamia Hamdard, New Delhi. The Academy found it important and relevant to hold the Workshop in the context of the significance of the topic, the historical perspective and the need; the introduction of the prominent personalities in the entire Islamic history who have contributed in the field of ‘Objectives of Shariah’ enormously; an analysis of well-known works related to the objectives together with the academic researches and authoritative reference works on the aforesaid objectives in contemporary times, so that various facets of the objectives of the Shariah could be highlighted and its application in solving the contemporary problems could be deliberated and contemplated thoroughly. It is worth mentioning that barring a few religious scholars (Ulama) of Fiqh here and there, no due concrete attention was paid towards the subject of ‘Objectives of Shariah'. Especially, if Allama Shaatibi and Allama Tahir bin Aashoor had not brought this subject to the fore in all its totality and had not endeavoured to frame its principles and rules, the subject would still have concealed behind the curtains.

To be precise, one should never forget that all the precepts of the Shariah are a mode and means for the fulfillment of human expediencies. None of the stipulations is irrelevant or impertinent. They have enough room for the expediencies of the mundane world and the world hereafter as well as those of individuals and communities. No precept of the Shariah, whatsoever, is contrary to the human aspirations. Infact, sometimes the mind comprehends the expediencies and at other times it declines to understand. However, no precept of the Shariah is in contradiction of the mind and the expediency in real sense. One of the important characteristics of the Shariah is its perpetuity and eternity, which means that it reinforces its capability of solving all human issues which would surface up, until the Doomsday.

Shah Walilullah Muhaddis Dehlavi has sharply criticized the section of people who reiterates that the precepts of the Shariah neither have any objectives nor expediencies. Moreover, he also criticized people who are of the opinion that it is humanly impossible to compile the knowledge of objectives and restructure its principles. Shah Walilullah Sahib has termed all these views and thoughts as mischievous. He has further highlighted the significance of compilation of the knowledge of objectives of Shariah in his celebrated book, Hujjatullah Albaligha

Books and comprehensive deliberations on the subject of objectives of Shariah are sparingly found in the Islamic literature. From an analysis of history, one finds that Imam Juwaini, the teacher of Imam Ghazali, for the first time in the annals of Islamic history, deliberated and discussed the objectives of Shariah, on principled lines and thereafter, his pupil Imam Ghazali proceeded ahead with the task. He further tried to present his viewpoint on the Objectives of the Shariah in a restructured and rejuvenated form. After Imam Ghazali, it was Sheikh Izzuddin who came up with invaluable pieces of comprehensive debates on the subject. His pupil, Allama Shahabuddin Qarafi also gave considerable attention towards this subject. Thereafter, Najmuddin Toofi analysed the subject in his works. The writings of Ibne Qaiyyim, the pupil of Allama Ibne Taimiyah also bear an imprint of his Ijtihad on the subject. Furthermore, in the 8th century A.H, Imam Shaatibi gave a new dimension to the study of the objectives, thereby, opening the sluice gates for exploring their knowledge. Ironically, there was a void of more than four hundred years in this field after Shaatibi to the extent that it was only in the 12th century A.H, that Shah Walilullah Dehlavi threw light on the aforesaid objectives.

Infact, after Shaatibi, all kinds of academic and research endeavours on the subject of Objectives of Shariah underwent an abominable lull for a long period of time. It was only in the 20th century that Allama Ibne Aashoor presented his views of Shariah. Another great thinker of these times, Allama Alaal Faasi also added considerably to this discipline. Among the prominent contemporary Ulamas, the academic and research works of Allama Zarqa, Allama Qarzaavi, Dr. Jamaluddin Atiya, Dr. Taha Jabir Al-Ulwani, Dr. Ahmad Reesuni and others bestowed a new whiff of life to this field of knowledge.
No less than 50 important books have been published so far on this vital subject in the Islamic world, especially the Arab world. Surprisingly, not even a single book has been published in Urdu language in India and Pakistan. Also, the subject has not been given the due importance and attention, which it merits.