Tracing the Genealogy of Maqāṣid al-Sharī'ah Concept: A Historical Approach

This paper aims to explore the emergence, continuity and shifting of the meaning of maqāṣid al-sharī’ah. Initially, maqāṣid al-sharī’ah entered into the study of uṣūl al-fiqh and later became an independent scientific discipline. Historically, the journey of maqāṣid alsharī’ah has four periods, namely, the pre-codification era, the first development era, the second development era, and the maturation era as a scientific discipline. This paper is qualitative with a descriptive-analytic method, namely exploring the concept of maqāṣid al-sharī’ah in various literature. The findings in this paper are, first, the history of the emergence and development of maqāṣid al-sharī’ah is closely related to the enforcement of Islamic law. Second, the continuity of maqāṣid al-sharī'ah is an ideological concept because it is based on the prevailing paradigm


Introduction
The study of maqāṣid al-sharī'ah (maqāṣid) is currently the concern of Islamic jurists. Among the main problems in the study, the forum is the chain of birth and its development into separate disciplines, such as fiqh, uṣūl al-fiqh, tafsīr, kalām, and others. This question raises the pros and cons of Islamic jurists, especially those dedicated to the study of maqāṣid al-sharī'ah. The pros and cons above can be mapped into three types: the emergence of the term maqāṣid, its relation to 'ilm al-fiqh, and terms of its development. 1 Maqāṣid has existed since even the prophetic era and is developing until now. 2 It has grown significantly in the period of ṣaḥābah, tābi 'īn, tābi' al-tābi'īn, and continues to be matured by Islamic jurists until today. 3 This era gave birth to maqāṣid figures who represented his era. There is a chain of thought between one another. In such a context and over time, maqāṣid thinking becomes very dynamic. The discourse, both from the maqāṣid bearers as an independent scientific discipline and the opponents so that maqāṣid remains a part of uṣūl alfiqh science. 4 Historical facts scattered in the works written by scholars in the field of Islamic law are a way to find the continuity of the concept of maqāṣid al-sharī'ah. Through this tracing, it is known that maqāṣid has existed long before Imam al-Ḥaramayn, who is considered to be the foundation of the concept of maqāṣid. This concept was then developed more comprehensively by the scholars afterwards.
The phenomenon of the continuity of the maqāṣid concept above encourages researchers to conduct more in-depth research. New thinking is not born without context. He was born with the influence of pre-existing ideas and then made changes from the previous concept. Therefore, this study aims to clarify the genealogy (sanad) concept of maqāṣid in terms of its continuity and change.
This research is in the form of library research that relies on print and internet resources. 5 Primary data were collected from works related to maqāṣid al-sharī'ah, which were produced from classical to modern eras. Meanwhile, secondary data were collected from works related to maqāṣid al-sharī'ah, which were used to strengthen this theme. The approach uses a historical approach. It is used to understand the dynamics of emergence, development and changes in the meaning of maqāṣid al-sharī'ah. To analyze the data, the writer used analytic descriptive. 6

The Emergence of the Maqāṣid
Maqāṣid appears simultaneously with the existence of Islamic law. It was at the same time as the revelation that was sent to the Prophet. Its presence is scattered in the texts and contained in regulations and directives with different degrees of clarity and designation. However, there was no urgent need to present maqāṣids in writing and bookkeeping form at that time. More than that, it is represented in a particular field of study and discipline, complete with its ontology, epistemology, and axiology foundation. Of course, at that time, maqāṣid was only limited to information, data, and judgments that the scholars had in mind. They present the maqāṣid in understanding, ijtihād, and decisions which he has established. 7 There are three maqāṣid arguments as follows. First, the Prophet sent as a blessing and goodness for all humanity (QS. 21: 107). Second, the Koran as a guide to the path of truth (aqwām al-manāhij), the glory of life in the world and the hereafter (afḍal aḥwāl al-ma'āsh wa al-ma'ād), and the goodness of life (aḥsan al-khawātim wa al-mawāzin) (QS. 17: 9). Third, the existence of the Koran and ḥadīths. The main purpose of both is to provide goodness and benefit to humans in the world and the hereafter (QS. 8: 24).

The Development of the Maqāṣid
Maqāṣid al-sharī'ah began to develop during the ṣaḥābah, tābi'īn, and the era after that. The development of maqāṣids in each generation has different characteristics from one another. An explanation of the story and the various attributes of this maqāṣid is presented below. a. Maqāṣid in the ṣaḥābah era Maqāṣid in this era can be seen from the method used by the companions. They use an analogy (qiyās), reasoning (ra'y), ratio-legis ('illah), custom ('urf), benefits (maṣlaḥah), and legal determination based on both. Aḥmad bin Ḥanbāl categorized the use of ra'y and qiyās as forms of maqāṣid al-sharī'ah. He stated: ‫الشارع‬ ‫اد‬ ‫مر‬ ‫فهم‬ ‫باب‬ ‫من‬ ‫وهما‬ 8 "Both -qiyās and ra'y-are means of knowing God's will" b. Maqāṣid in the tābi'īn era The tābi'īn era is a continuation of the ṣaḥābah period. The tābi'īn are in direct contact with the ṣaḥābahs. They live by ṣaḥābah, receive ḥadīth, decrees, fatwas, ijtihād, methods of legal istinbāṭ, and legal reasons (ta'lilāt) namely maqāṣidī and istiṣlāḥī from ṣaḥābahs. These methods are to guard and explain various legal problems. 9 The determination of maqāṣid in the tābi'īn era uses three methods. First, the tābi'īn determine something according to the knowledge of the ṣaḥābahs. Second, they refer to texts, maṣlaḥah, and qiyās. Al-Khafīf emphasized that the tābi'īn in answering a problem which has no evidence in the texts, use the method of maṣlaḥah, qiyās, and other forms. Al-Khafīf stated: ‫مصالح‬ ‫من‬ ‫اعونه‬ ‫ير‬ ‫كانوا‬ ‫فيما‬ ‫نظروا‬ 10 8 Ibn Taymiyah, Majmū' al-Fatāwā (Mamlakah Sa'ūdiyyah al-'Arabiyyah, n.d Third, the characteristics of maqāṣid in this era are divided into two schools, the Iraqi school and the Ḥijāz school. On the other hand, the tābi'īn faced a different problem from that of their friends. Regional expansion and differences, and cultural acculturation cause these differences. Moreover, many new issues arise, but there is no legal answer in the text. This situation demands that the tābi'īn perform ijtihād to find legal solutions from the readers. In doing ijtihād, the tābi'īn use their power of reason wisely and rid themselves of all worldly interests. They realize that Islamic law is not a game but for the sake of the realization of the good of the people. 11 c. Maqāṣid in the era of the imām mujtahid (kubār al-a'immah) Ibrahīm al-Nakhā'ī (d. 95 H), a teacher of Abū Ḥanīfah, was one of the mujtahid priests who used reasoning (asḥāb al-ra'y). He used qiyās and ta'līl. In this regard, al-Nakhā'ī stated: ‫إلينا‬ ‫اجعة‬ ‫ر‬ ‫ومصالح‬ ‫حكم‬ ‫هي‬ ‫غايات‬ ‫لها‬ ‫تعالى‬ ‫أهلل‬ ‫أحكام‬ ‫إن‬ 12 "Indeed, the law of Allah SWT has many objectives in the form of ḥikmah and goodness for us".
The priests of the fiqh madhhab also use maqāṣid in their ijtihād. The method of ijtihād is known as al-naẓariyah al-maqāṣidi and al-ijtihād al-maṣlaḥī. Of course, with different levels of importance and use of maqāṣid. It depends on the method and the reality they come across. 13

1) Abū Ḥanīfah
The full  (khabar al-munfarid). Ḥadīth practice is based on the explicit meaning (ẓāhir) of it. If the meaning of ḥadīth is unclear or contains multiple interpretations (iḥtimāl), then the meaning closest to the explicit meaning takes precedence. If several ḥadīths are of the same degree, then the truest sanad is the main one. Whereas ḥadīth munqaṭi' has no value at all except ḥadīth munqaṭi' Ibn al-Musayyab. 19 The explanation above provides an understanding that in addition to the Koran and al-Sunnah, ijmā' and qiyās are sources of law used by al-Shāfi'ī. He did not mention al-maṣāliḥ almursalah as the source of direction, thus proving that al-Shāfi'ī rejected him. However, he still includes the dimension of benefit in every legal decision. For example, when he spoke of 'illah as one of the pillars of qiyās. This dimension of benefit (maṣlaḥah) is seen in his old opinion (qawl qadīm) and new opinion (qawl jadīd).
Al-Shāfi'ī does not use ḥadīth mursal except ḥadīth mursal Ibn al-Musayyab whose validity has been agreed. He was the first to give ḥadīth mursal a disability rating. This statement contradicts the opinion of Sufyān al-Thawrī, Mālik bin Anas, and the followers of the Ḥanafi school of thought. Al-Shāfi'ī also did not use qawl alṣaḥābī. The reason is, qawl al-ṣaḥābī may arise from wrong ijtihād results. He also did not give the same assessment to ḥadīth who was left by ṣaḥābah, other than ṣaḥābah, or residents of an area because they were considered disabled. 20 Apart from rejecting ḥadīth mursal and qawl al-ṣaḥābī, Al-Shāfi'ī also rejects istiḥsān as evidence. He denied and left the istiḥsān which were widely used by the Māliki and Ḥanafi schools.
He said: ‫شرع‬ ‫فقد‬ ‫استحسن‬ ‫,من‬ (whoever uses istiḥsān, he plays the law). 21 Specifically, al-Shāfi'ī wrote a rebuttal to the istiḥsān entitled Ibṭāl al- Istiḥsān. 22 About qiyās, he does not apply it unless the 'illah is clear (munḍabiṭ). He also refused to make collisions with 'amal ahl al-Madīnah. This refusal he wrote in detail in the book of al-Umm. 23 In this book, there are differences of opinion between al-Shāfi'ī and other scholars on several fiqh issues. 24

4) Aḥmad bin Ḥanbal
His full name is Abū 'Abdillāh Aḥmad bin Ḥanbal bin Hilāl bin Asad al-Shaybānī al-Marwazī al-Baghdādī. 25 Ibn al-Qayyim, in I'lām al-Muwaqqi'īn, asserts that the fatwa of Aḥmad bin Ḥanbal is constructed in several ways as follows. 26 a) Religious texts (al-nuṣūṣ) include Koran and ḥadīth marfū' b) The ṣaḥābah fatwa. If one fatwa is found from a ṣaḥābah and there is no rejection from another ṣaḥābah, then one cannot turn to that other ṣaḥābah fatwa. Such ṣaḥābah fatwas cannot be said to be ijmā'. Ṣaḥābah fatwas must be preceded by action ('amal), ra'y (reasoning), and qiyās (analogy). c) When there is a difference of opinion among the ṣaḥābahs, one must choose the closest statement to the Koran and al-Sunnah and must not be out of his thought. d) Using the methods of al-maṣāliḥ al-mursalaḥ (istiṣlāḥ) and ḥadīth ḍa'īf, when there are no arguments against them. e) Qiyās is only used in a forced state (ḍarūrāt), i.e. when ḥadīth, qawl ṣaḥābī, al-maṣāliḥ al-mursalah (istiṣlāh), and ḥadīth ḍa'īf are not found. The era of risālah ended when the Prophet died. In that era, maqāṣid appeared at the same time as the law. The Holy Prophet, in this case, conveyed and established legal status. Maqāṣid is a consideration and a basis for doing charity and exploring the law. Maqāṣid exists in every word, deed, and stipulation of the Prophet, and the strengthening of practice by ṣaḥābahs. 27 In this era, maqāṣid is depicted in the sunnah. This existence is evident from several 'illah, ḥikmah, and sirr associated with specific laws. For example, the prohibition of keeping sacrificial meat for more than three days as food supplies for the Bedouins (al-a'rābī) needs it. Then the Prophet allowed it when they did not need it anymore. Another example is the reason ('illah) obligation to ask permission (al-isti'dhān) to enter someone else's house to maintain dignity and avoid disclosing household secrets prohibited from being seen by others. 28

Expressions of maqāṣid al-sharī'ah in the saḥābah era
The expression of the maqāṣid in this era is more evident than in the previous period. This clarity is because the situation and conditions are different from the time of the risālah. In this era, the need to reveal and explain new problems and events due to the expansion of Islamic territory is urgent. The facts prove that ṣaḥābahs have carried out the maintenance of maqāṣid in some legal decisions. They put forward the principle of ease (al-taysīr), lightness (altakhfīf), softness (al-rifq), avoiding stiffness (al-taysīr, al-tashaddud, al-tanaṭṭu', al-ta'ammuq), avoiding excess in giving excessive burdens (al-mubālaghah; altakalluf), and so on. The actions of these friends are by the meaning of the ḥadīth, which prohibits providing undue burdens. Tanaṭṭu' and ta'ammuq have the same purpose, namely rigid and harsh in words and deeds. Meanwhile, takalluf means giving a responsibility beyond one's ability. These three words (tanaṭṭu', ta'ammuq, and takalluf) are terms related to the maqāṣid used at that time.

Several terms refer to the meaning of maqāṣid
Before describing the genealogy of the maqāṣid al-sharī'ah concept, the author first explains the terms used by scholars in expressing the sense of maqāṣid al-sharī'ah. Classical scholars used different words when describing the nature of maqāṣid. The use of these other terms and phrases has a different level of relevance to the designation, name and meaning of maqāṣid al-sharī'ah. Their primary attention is focused on the method of presenting maqāṣid al-sharī'ah and its application in performing ijtihād. They do not try to codify (tadwīn), define (ta'rīf), depiction (tamthīl), basic argumentation (ta'ṣīl), etc.
The following descriptions are terms often used by scholars, classical and modern. They use these terms to describe the purpose of the lawmaker (al-Shāri'), the purpose of revelation (maqṣūd al-waḥy), the benefit of humanity (maṣāliḥ al-khalq). Besides that, they are also used to shape the content, theory, and development of this discipline. Some of these terms are as follows. 34 Initially, the use of the word 'illat' referred to the meaning of ḥikmah and maṣlaḥah. However, on the next journey, when it is in the hands of uṣūliyyūn, it leads to understanding the nature / state that is real / clear and measurable. The truth is that the word 'illat is used in two senses which have a real connection. g. That is, on the one hand, 'illat is related to a clear and measurable nature / state, on the other hand' illat is also related to the disclosure of the ḥikmah of this nature / state, demeanor (maṣlaḥah), and its enactment (masyru'iyah

Continuity of the Concept of Maqāṣid al-Sharī'ah
The theory of Continuity and Change states that existing concepts influence the emergence of a concept. In this context, Karl Mannheim (Hungary, 1893(Hungary, -1947, as quoted by Muhyar Fanani, stated that new thoughts, concepts and theories can be ideological or utopian when linked to pre-existing thoughts, concepts and theories. When new thoughts, concepts and theories are based on the prevailing paradigm, that thought is called ideology, so that new thinking is ideological. This section will present a chain of concepts of maqāṣid al-sharī'ah based on a specific period based on the description above. 1. Pre-codification (prophetic era until early III century H) The pre-codification era includes the era of risālah, ṣaḥābah, tābi'īn, and the a'immāt al-madhāhib. Traces of maqāṣid al-sharī'ah have appeared in this era, along with the existence of sharī'ah and its instructions. However, in this era, maqāṣid al-sharī'ah is categorized as scientific facts rooted in the Prophet (s), the ṣaḥābahs, and the scholars. Maqāṣid al-sharī'ah is scattered among his fatwas, sources of reference, works, and thoughts. This is because the word maqāṣid is intertwined with the word syarī'ah. 44 The existence of maqāṣid al-sharī'ah in this era has not shown the perfect format and structure to be called a concept or theory. It is only a marker of the birth of general maqāṣid thoughts. It does not have a basis and rules and is still free from bookkeeping, division and argumentation. This condition becomes the basic assumption that the development of maqāṣid in the next period depends on the continuity of scientific work, the continuity of ijtihād, and the establishment of law (tashrī'). This is the most tangible result of scientific work in the current era of fiqh.
The existence of maqāṣid, which is only limited to information, data, and legal rulings for the ulama, resulted in two important facts. First, maqāṣid until the end of the 3rd century H has not been of particular concern and has not become a separate scientific topic. The maqāṣid understood by the scholars is still shrouded in their studies of ḥikmah, 'illah, munāsabah, and ma'nā. Therefore, maqāṣid can only be found in a number of the methods of reasoning they use, such as qiyās, istiḥsān, and considerations of benefit. Second, the terms maqāṣid and maqāṣidiyyūn, which are based on concepts or theories and experts in the field of maqāṣid have not been found. Meanwhile, in that era, the terms tafsīr-mufassirūn, fiqh-fuqahā', uṣūl-uṣūliyyūn, which were based on a concept or theory from experts in these fields, already existed. The development of maqāṣids during this era was not clearly defined as it is known today. However, scholars in this era have expressed the early theories of maqāṣid al-sharī'ah. Among them are: a. Al-Ḥākim al-Tirmīdhī Abū 'Abdillāh Muḥammad bin ' Ali (d. 296 H/908 M). Al-Ḥākim al-Tirmidhi was not a jurist (faqīh) and uṣūlī, but he was better known as a Sufi and a philosopher. However, he first used the term maqāṣid and made it the title of his work. Among these books are: al-Ṣalāh wa Maqāṣiduhā,  3. The second development era (5th century to 8th century AH): The emergence of Islamic legal philosophy 'Abd al-Raḥmān bin Bayyah stated that the fifth century was the century where Islamic legal philosophy emerged. In this century, literal and nominal methods are considered incapable of answering the complexity of problems faced by the ummah. The development of the theory of al-maṣlaḥah al-mursalah was carried out to cover the shortcomings of the qiyās method and to encourage the emergence of the maqāṣid al-sharī'ah theory.
Al-Burhān fi Uṣūl al-Fiqh by al-Juwaynī is the first work of uṣūl al-fiqh which introduces the theory of al-ḍarūriyah (emergency level; al-kulliyyah alkhamsah). This theory is similar to Abraham Maslow's theory of levels of need. According to al-Juwaynī, there are five levels of emergency, namely, first, relating to ḍarūrāt (necessity), such as qiṣāṣ. It was second, related to al-ḥājāt al-'āmmah (public interest), such as leasing contracts and third, related to al-taḥallī bi al-mukarramāt wa al-takhallī al-naqā'iḍihā (moral behavior), such as cleanliness or purity and fourth, related to al-mandūbāt (suggestions). Fifth, related to mā lā yaẓhar ta'līl wāḍiḥ wa la maqṣad muḥaddad (something that is not included for a specific reason). According to him, the purpose of establishing Islamic law is for al-'iṣmah, namely the maintenance of faith, soul, mind, family and property. 54 Abū Ḥāmid al-Gazzālī (d. 505 H/1111 M), in the book Al-Mustaṣfā, further developed the maqāṣid theory. He called it al-kulliyyāt al-ḍarūriyyat wa alistiṣlāh. 55 He arranged the levels of emergency (tartīb al-ḍarūriyyāt), namely religion, soul, mind, descent, and property. He was the first to use the term alḥifẓ (guardianship). He refuses to give legitimacy to any maqāṣid or maṣāliḥ, and even he calls it pseudo benefit (al-maṣāliḥ al-Mawhūmah). 56 According to him, maqāṣid has been tested by texts and maqāṣid is not something that gets the legitimacy of the texts. 57 Apart from these two figures, several maqāṣid thinkers emerged from the mainstream. They try to get out of existing study patterns and avoid repeating studies. They are not mastering of uṣūl (uṣūliyyūn) in the strict sense. They are both uṣūl experts and jurists (al-uṣūliyyūn al-fuqahā'). It is just that their study of maqāṣid is still fleeting in the middle of discussion around the issue of fiqh or uṣūl al-fiqh. Maqāṣid thinkers of this category are; 'Izz al-Dīn bin 'Abd al-Salām (d. 660 al-Islāmiyah wa Makārimuhā, Difā' an al-Sharī'ah, and al-Naqd al-Dhātī. Meanwhile, Ibn ʻĀshur poured his ideas into Maqāṣid al- Sharī'ah al-Islāmiyah, Tafsīr al-Taḥrīr wa al-Tanwīr, Uṣūl al-Nizām al-Ijtimā'ī, Alaysa al-Ṣubḥ bi Qarīb, and Kashf al-Mughṭī. After these two figures, the study of maqāṣid al-sharī'ah was increasingly prevalent in various Islamic worlds. Nūr al-Dīn Mukhtār al-Khādimī from Tunis and Aḥmad al-Raisūnī from Morocco are two crucial figures after Ibu ʻĀshur and 'Allāl al-Fāsī. 63 Through both ideas and ideas, currently, the study of maqāṣid alsharī'ah continues to move dynamically. Al-Khādimi is a professor of maqāṣid at the University of Zaitūnah al-Ma'mūr-Tunis. He is also active as a speaker in national and international forums in the field of maqāṣid al-sharī'ah studies. He was the successor to Ibn ʻĀshur's idea who tried to make maqāṣid an independent scientific discipline. He proved his seriousness by writing books in the field of maqāṣid al-sharī'ah. Meanwhile, Raysūni is a maqāṣid thinker and senior lecturer at Moḥammad V Rabat University, Morocco. Like al-Khādimī, he also poured the ideas of maqāṣid al-sharī'ah into several books. 64