The Authoritative Role of Maqasid Shariah As A Basis for Determining Hukm When Dealing with Contemporary Issues

Maqasid Shariah is the spirit of shariat (Islamic Law) with an implicit meaning and reflects the goal of shariat in every piece of legislation established by sharak. The theories and concepts developed in Maqasid Shariah emphasise on the form and purpose of shariat in guaranteeing the importance of human life. Hence, Maqasid Shariah lays down two important fundamentals, namely the provision of benefits (Jalb al-Masalih) and the rejection of detriment (Dar’u al-Mafasid). Several studies have debated Maqasid Shariah’s complementary role when determining hukm (religious decree) in relation to contemporary fiqh problems. Therefore, this study examined and refined numerous points of view and arguments expressed by the ulama’. The document analysis method was used to gather the views of authoritative scholars pertaining to the debate on Maqasid Shariah and then, summarise its complementary role in contemporary hukm. Findings indicate that Maqasid Shariah is authoritative and can be used as a parameter as well as a complementary tool when determining hukm and fatwa in relation to current problems related to discipline and procedures that support the spirit of shariat.