The The Concept of Masālik al-‘Ilm bi Maqāṣid al-Sharī‘ah from the Perspective of ‘Abd al-Majīd an-Najjār

Abstract

Maqāṣid al-sharī‘ah serves as an epistemological framework that presents a legal understanding not solely oriented toward texts, but also considers moral objectives, public welfare, and the surrounding social context. This study discusses one concept within maqāṣid al-sharī‘ah, namely masālik al-‘ilm bi maqāṣid al-sharī‘ah, as a methodological framework for determining and understanding the objectives of Islamic sharia objectively and based on revelation. This research employs a qualitative method with a library research approach, starting from the assumption that maqāṣid al-sharī‘ah cannot be determined based on intuition, subjective tendencies, or rationality detached from the Qur’an and Sunnah, but must be formulated through valid and measurable scholarly paths. By referring to the thoughts of ‘Abd al-Majīd an-Najjār, this study aims to explain the urgency of masālik as an epistemological instrument to maintain the validity of maqāṣid and prevent its misuse in ijtihad practices, especially in addressing continuously evolving contemporary issues. The study results indicate that masālik al-‘ilm bi maqāṣid al-sharī‘ah encompasses several main paths, namely: the path of commands and prohibitions, the path of nash explanation, the path of the Prophet Muhammad's practices, and the inductive path (istiqrā’). These four paths complement each other in revealing the objectives of sharia, whether general, specific, or partial. Through the application of these masālik, maqāṣid al-sharī‘ah can be understood systematically, consistently, and in harmony with the overall structure of sharia.