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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
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2. Complementary (Ḥājiyyāt): Important requirements that are crucial
to the well-being of the five maqāṣid, without which will lead to hardship.
Though the non-observance of the complementary aspect of Maqāṣid
al-Sharī’ah would not out rightly destroy the maqāṣid, it will severely
affect the well-being of mankind. For instance, a proper shelter is one of
the complementary aspect of maqāṣid in the sense that one’s life would be
miserable but it would not destroy completely one’s life.
When conflict occurs
3. Embellishments (Taḥsīniyyāt): Additional requirements that further between two or more
strengthen the complementary and essential aspects of Maqāṣid maqasid, the preservation
or protection of maqasid will
al-Sharī‘ah. It is something that is good to have on top of the existence of take priority based on the
complementary of Maqāṣid al-Sharī‘ah. For instance having a comfortable level of its significance.
accommodation or transportation is something that further enhances
the existing elements of Maqāṣid al-Sharī‘ah to a better standard.
In the event of conflict between two or more maqāṣid, the preservation or
protection of maqāṣid will take priority based on the level of its significance.
For instance, if someone is in the state of emergency to save his life and he
is left with no other option except to commit something forbidden such as
drinking liquor, two maqāsid will be in conflict. If he consumes the liquor
it will protect the maqṣad of safeguarding life but it will partly defeat the
maqṣad of protecting intellect. In this particular situation, the maqṣad of life
will take priority as the threat to life is clearly at the level of essential while
the effect of drinking liquor in this situation though it will affect one’s mind,
is temporary.
Diagram 5 : Division of Objectives of Sharī’ah
Dimension of Objectives of Sharī'ah: General, Specific and Partial
Apart from the classical understanding and division of maqāṣid, there is another
way of understanding maqāṣid namely, general, specific and partial:
1. General Objectives (Maqāṣid ‘Ammah): These maqāṣid are observed
throughout Islamic laws. It is clear that Sharī’ah is a system of life
that is revealed primarily to protect human well-beings (maṣlaḥah).