Role of Objectives of Sharī'ah in Islamic Adjudication and Procedure
The purpose of this paper is to analyse the applications and relevance of the Purposes of Sharī’ah (Maqāsid al-Sharī’ah) in Islamic Adjudication and Its Procedure. Objectives of Sharī’ah investigates the purposes and meanings behind injunctions of Sharī’ah. Allah created mankind with the purpose of worshipping him and following His directives. Adjudication is also part of act of worshipping Allah Ta’āla. The Shari’ah does not intend to create difficulty for mankind. The same is also with the substantive and procedural provisions of Islamic adjudication. Alternatives are mostly available in case the basic rule is not obtainable. The entirety of the law is demonstrations of Allah’s justice and goodness to mankind. These are demonstrated in all injunctions especially adjudication and its procedure. Maqāsid al-Sharī’ah is classified into three grades: ḍarūriyyāt (necessaries), hājiyyāt (complementaries) and taḥsīniyyāt (embellishments). The Islamic judiciary has central authority in the protection and promotion of the five necessaries which are the protection of religion, life, mind, progeny as well as property. This was done through both affirmative and punitive measures. The second grade known as hājiyyāt are intended to prevent hardship, difficulty and to facilitate the protection of the necessaries. Several injunctions related to adjudication are aimed at preventing hardship on litigants and to facilitate protection of the five necessaries. Taḥsīniyyāt refers to adopting good customs and avoidance of filths that good conscience avoids. As a nucleus of the Islamic judicial system, a judge is expected to occupy high moral ground in his appearance and conducts as well as his behaviours with litigants. A judge is expected to take cognizance of all these purposes of Sharī’ah while he administers the Islamic justice and resolve conflicts.
keywords:Objectives of Sharī’ah,Islamic adjudication,Islamic judicial system,the Islamic justice and resolve conflicts,Islamic Adjudication and Its Procedure
Journal of Islamic Legal Studies holds copyright of all published articles.