The Inductive Goals and Objectives of The Sharee'ah

The Inductive Goals and
Objectives of the Sharee'ah1:

Reality, Authority and
Governing Regulations
Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee2
The inductive goals and objectives of the Sharee'ah is the English translation of
al-maqaasid al-istiqraa'iyyah. In fact, both the original and the English
equivalent have been used interchangeably throughout the paper. This also
applies to other terms and expressions. (Translator's Note)
Dr. Noor-ud-deen Al-Khaadimee is currently professor of Jurisprudence and
its Sources in Az-Aaitunah University, Tunisia. He was formerly professor of
jurisprudence in the College of Sharee'ah in Riyadh.
Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee
Introduction
Importance of Study
The inductive goals and objectives are those goals and objectives
which have been established through induction. Induction is a process
of thought that uses known facts to produce general rules or principles.
In the domain of the goals and objectives of Islamic law (Maqaasid ashSharee'ah), it means observing the details with a view to arriving at the
inductive goals and objectives.
Therefore, the inductive goals and objectives represent a type of the
goals and objectives of the Sharee'ah, as has been explained above.
The issue of studying the inductive goals and objectives gets its
weight from the importance of studying the goals and objectives of the
Sharee'ah itself. For Muslim scholars, past and present, have shown a
great deal of interest in the goals and objectives of the Sharee'ah and have
dealt with this particular issue at numerous religious and
jurisprudential levels. They have shown interest in them at the level of
understanding the legal injunctions and the texts of the Qur'an and the
Sunnah, at the level of deducing rulings and activating them in reality
and at the level of compiling, teaching, propagating as well as
establishing principles and rules.
As a reminder, interest in the goals and objectives of the Sharee'ah
has considerably increased in recent years at the level of universities and
faculties, at the level of compilation by individuals and institutions and
at the level of issuing religious verdicts and exercising independent
reasoning in various scientific and juristic academies and bodies.
It is for this reason that I have considered writing on this significant
issue with a view to clarifying the reality of the paradigm of the goals
and objectives of the Sharee'ah as well as its theories and importance in
our contemporary life and in the Islamic law.
Plan of Study
The present study comprises an introduction and three main
sections. In the introduction, I have presented the definition of
induction, its types and authority as well as some examples of induction.
54 Al-Adl (33)
In the first section, I have explained the reality of inductive goals and
objectives as to their definition, examples, domains and names. In the
second section, I have delineated the authority of inductive goals and
objectives, stating that they represent ultimate legal evidence. I have also
brought to light the reality of the overall legal evidence according to the
past and present scholars as well as its authority and relation to the
inductive goals and objectives. In the third section, I have shown the
regulations governing the inductive goals and objectives. These
regulations are: (1) regulations of the competent scholar who conducts
induction, (2) regulations relating to the inducted details and (3)
regulations relating to the inductive outcomes.
Past Studies on the Subject
It is more than likely, in my estimation, that there has never been a
study that has thoroughly dealt with the inductive goals and objectives.
I know for sure, like every one else, that the subject matter of the present
study has been part of a number of studies and research papers;
therefore, past studies on the subject can be generally found in the
following sources:
In the books of usool,3 under, istiqraa' being a mode of istinbaat
(inference, the process of extracting laws) as well as under ta'leel
(justification, explanation), hikmah (wisdom) and maslahah
(consideration of public interest), amongst other things.
In the books of Al-maqaasid Ash-Shar'iyyah (goals and objectives of
the Sharee'ah), particularly with regard to ways of arriving at these
goals and objectives or ways of bringing them to light. In fact,
istiqraa' (induction) is considered the most prominent of these ways.
In books and researches which deal with the reality of istiqraa' and
anything related to it. In fact, such books and researches do contain
some information about maqaasid, albeit with some difference in
terms of the number of times they are mentioned, whether they are
Usool-ul-Fiqh refers to the principles of Islamic jurisprudence; the methodology of

deriving laws from the sources of Islam and of establishing their juristic and
constitutional validity. Expert scholars who deal with this particular subject are called
usooliyyoon. (Translator's Note)
55 Al-Adl (33)
discussed explicitly or implicitly and whether they are mentioned in

general or in detail.
Salient Features of the Present Study
With regard to the issue of the inductive goals and objectives of the
Sharee'ah, the present study has the following characteristics:
It has dealt with the issue under study separately. In fact, scholars
and researchers have always tackled this issue as part of general studies
comprising general legal issues relating to usool and maqaasid. The fact
that this issue is tackled here separately and in great detail will ensure
the elucidation of its aspects, especially with regard to the reality of
istiqraa', its authority, regulations that govern it and other matters
required by thorough, theoretical studies which treat the issue in depth
and add original ideas to it.
It reveals the reality of the general legal evidence and elucidates its
authority and importance in Allah's Law, as well as in the process of
ijtihaad4, iftaa' (issuing verdicts) and the deduction and activation of
rulings.
It clarifies that the inductive goals and objectives of the Sharee'ah
provide general legal evidence if the regulations and conditions are
satisfied.
I do not claim that I have come up with something new in this paper;
what is true for certain, however, is that I have added novel ideas, at least in
the methodical, ordinal, accumulative, inferential and elucidative aspects of
the issue under study. For, indeed, all such things are bound to assist in
clarifying the paradigm of maqaasid as well as understanding the study and
its contents.
Finally, I pray to Almighty Allah to bless this humble effort and to make
the present study beneficial in this life and in the hereafter. I also pray to
Him to forgive me my mistakes and foibles, to assist the readers in giving
advice and guidance whenever they deem fit and to guide them and me to
ways of peace and safety. Indeed, He is the One who can surely do that; and
the conclusion of our prayer is, 'All praise be to Allah, the Lord of the
4
This means independent reasoning and analytical thought. Ijtihaad may involve the
interpretation of the source materials, inference of rules from them, or giving a legal
verdict or decision on any issue on which there is no specific guidance in the Qur'an
and the Sunnah. (Translator's Note)
56 Al-Adl (33)
worlds'; and may Allah's peace and blessings be upon our Prophet, guide
and beloved Muhammad.'
Reality of Istiqraa'
Definition of Istiqraa'
The definition of the term 'istiqraa'' has been furnished linguistically
and technically as follows:
Linguistic Definition
Linguistically, the word 'istiqraa'' is derived from qara'a and iqtara'a,
which means 'to follow up and carry out a minute examination of
something'. Therefore, it generally refers to thorough examination and
investigation.5
Technical Definition in the Terminology of Usooliyyoon6
It is worth mentioning here that the usooliyyoon's interest in the
terminology of istiqraa' was rather limited as to subtlety,
comprehensiveness, detail and expansion. 7 There were some definitions,
however, which serve as fundamental preliminaries to extracting an
accurate, scientific and practical definition.
The following are definitions furnished by past usooliyyoon:
Abu Haamid Al-Ghazaalee defined istiqraa' as "the examination
of particular instances in order to reach a decision concerning a
matter that comprises these instances through the use of the
See Lisaan Al-'Arab, 3/79; Al-Mu'jam Al-Waseet, 2/731; and Al-Qaamoos Al-Mubayyin Fee
Istilaahaat Al-Usooliyyeen, p. 83.
6 See footnote 2. (Translator's Note)
7 To clarify, an example of this is that some past usooliyyoon did not make a distinction
between perfect and imperfect istiqraa' as to their definitions, analogy, authority and
application. Nor did they compare them to some terms in the field of usool, such as
analogy and istidlaal. Some contemporary scholars have examined the definitions of
istiqraa' as past usooliyyoon understood it and have revealed their inadequacies and
expressed some objections to them. See, for instance, Al-'Umoom Al-Ma'nawee 'inda AlUsooliyyeen, a master's thesis written by the researcher Muhammad Abdul-Kareem,
College of Sharee'ah, Riyadh. Dr. Omar Al-Omaireenee said, "It is obvious that they
did not give much attention to the issue of Istiqraa as a term used to signify one of the
various types of evidence." See Al-Istidlaal 'Inda Al-Usoooliyyeen, p.193.
5
57 Al-Adl (33)
ruling relating to them."8 In his book Mi'yaar Al-'Ilm, he defined

it thus, "It means to examine numerous particular instances
which are included under a general sense, or rule. When a ruling
concerning such particular instances is found, this ruling is used
to judge such general sense, or rule, with it."9 He also said,
"Istiqraa' is to judge numerous particular instances with one
particular instance."10
Hihaabud-Deen Al-Qaraafee defined it as "the examination of a
ruling in its particular instances in a state in which it is highly
likely that it is a conflicting state in such a state." 11
Al-Asfahaanee defined it as "establishing a ruling in a universal
proposition as it has been established in some of its particular
instances."12
Ibn Taymiyyah defined it as "using the particular instances as
evidence for the general conclusion."13
Contemporary Definitions of Istiqraa'
The following are definitions furnished by some contemporary
scholars:
Sheikh Muhammad At-Taahir ibn 'Aashoor defined it thus, "to
follow up particular instances with a view to establishing a
general rule."14
Dr. Mahdee Fadhlullaah defined it thus, "It is to infer a general
issue from more than two issues. In other words, it means to
extract general rules from particular judgments."15
Al-Mustasfaa, 1/51.
Mi'yaar Al-'Ilm Fee Fann Al-Mantiq, p.115.
10 Mi'yaar Al-'Ilm, p.116.
11 Sharh Tanqeeh Al-Fusool, p. 448.
12 Sharh Al-AsfahaaneeLi Minhaaj Al-Baidhaawee, 2/759.
13 Ar-Radd 'Alal-Mantiqiyyeen, p. 6, as has been quoted by Dr. Mahdee Fadlullaah in his
book Madkahl Ilaa 'Ilm Al-Mantiq, p. 245.
14 Haashiyat At-Tawdheeh Wat-Tasheeh Li Mushkilaat At-Tanqeeh, 2/224, as has been quoted
in Turuq Al-Kashf 'An Maqaasid Ash-Shaari', p. 295.
15 Madkahl Ilaa 'Ilm Al-Mantiq, p. 244.
8
9
58 Al-Adl (33)
Dr. Ismaa'eel Al-Husainee defined it in the following way, "It is a

mental movement from investigation in particular cases and
rulings to a general ruling; therefore, we judge the genus in the
same way we judge the species."16
Dr. Nu'maan Jugheem writes, "A look at the definitions provided
by Muslim logicians will reveal that they do not depart from the
general framework furnished by Greek logic, which is to move
from particular instances to universal propositions with the aim
of judging one particular instance with whatever has been found
in the totality of particular instances."17
Sa'eed Al-'Alawee defined it thus, "Istiqraa' is to investigate
numerous particular instances which are included within one
general sense, or rule; when a ruling in these particular instances
has been found, this ruling is used to judge such general sense
with it."18
Dr. Sa'd Ad-Deen Al-'Othmaanee defined it thus, "Istiqraa' is the
formulation of a general rule by investigating numerous
particular instances or the collection of a number of minute
particular proofs, none of which can reach a definitive outcome
on its own."19
Best definition of Istiqraa'
The best definition of istiqraa' can be determined in the light of the
established definitions furnished by present and past scholars and
through the aforementioned definitions.
An excellent definition, in my estimation, can be extracted in this
regard, but before providing such definition, it is a good idea to present
the common terms contained in the previously mentioned definitions.
These are as follows:
Nadhariyyat Al-Maqaasid 'Inda Al-Imaam Muhammad At-Taahir ibn 'Aashoor, p. 435.

Turuq Al-Kashf 'An Maqaasid Ash-Shaari', p. 220.
18 Sa'eed ibn Sa'eed Al-'Alawee, Al-Ijtihaad Wat-Ta'leel, Al-Ijtihaad, magazine, Beirut, Issue
8, Vol. 2, p. 91.
19 Nadharaat Manhajiyyah fee 'Ilm Usool Al-Fiqh, Al-Faisal magazine, Saudi Arabia, Issue
123, p.27.
16
17
59 Al-Adl (33)
The phrase 'particular instances' refers to the totality of

branches, rulings, proofs and cases and other matters which are
related to istiqraa' and its domains.
The qualification 'general' refers to the rule, ruling, principle,
fundamental or any other matters within which particular
instances fall and with which they are associated and then
judged accordingly. However, the 'general' proposition, or rule,
arrived at reveals a multiplicity of levels of certainty depending
on the number of particular instances inducted and depending
on clarity or ambiguity and such other matters as accompanying
circumstances, concomitants and legal reasons. Therefore, the
general oscillates between the definitive and the speculative and
thus it obviously affects the extent to which it can be utilized as
evidence or to depend on it in the processes of istinbaat, tarjeeh20
and idraaj. The general proposition, or rule, also reveals different
levels of comprehensiveness. In fact, there exists a general rule
that is more universal and one that is less universal; in other
words, there is the general rule which falls within genera and
that which falls within species.
The words 'examine', 'follow up' and 'investigate' refer to the
mental process conducted by the expert scholar who observes
the particular instances with a view to evaluating and
formulating the general judgment or the universal rule. In this
way, he can determine the best definition of istiqraa'.
Therefore, istiqraa' means to establish a universal matter by
investigating its particular instances.
Explanation of the Definition
By 'establish' is meant formulate, develop or create. The phrase
'universal matter' means the universal principle or rulings which
includes its particular instances and encompasses them. The phrase 'by
investigating its particular instances' means examine and explore
rulings, proofs, cases or branches which create and establish the
universal matter. The word 'particular instances' means all particular
20
This translates as deciding on the preponderant opinion. (Translator's Note)
60 Al-Adl (33)
instances, most of them or only some of them depending on the two

types of istiqraa', namely, the perfect (taamm) an imperfect (naaqis).
Types of Istiqraa'
Istiqraa' falls into two categories, depending on the level of the
particular instances inducted in order to establish a universal rule. They
are as follows:
1. Istiqraa'Taamm (perfect induction): This means establishing a
universal matter by investigating all its particular instances.
2. Istiqraa' Naaqis (imperfect induction): This means establishing a
universal matter by investigating most or some of its particular
instances.
In fact, it the latter category which the usooliyyoon meant. However,
there has been some kind of difference of opinion as to the amount of
the particular instances inducted and whether it is a condition that such
instances constitute a majority or is it permissible to be satisfied with
only some of them. These points will be explained in due course, inshaa
Allah.
The Two Types of Istiqraa' Naaqis
Istiqraa' Naaqis is of two types:
Istiqraa' Akhtaree or Aghlabee (Majority or Greater Induction) :
This concerns that type of istiqraa' in which most of the particular
instances are investigated.
Istiqraa' Ba'dhee (Partial Induction): This concerns that type of
Istiqraa in which some of the particular instances, which do not
reach the level of the majority, is investigated. The reason for
such division is linked to the cogency of the authority of istiqraa'
naaqis according to the particular instances inducted.
Authority of Istiqraa'
The authority and binding proof of istiqraa' varies and oscillates
between being definitive (qat'ee) or speculative (dhannee) as is shown
below:
Authority of Perfect Induction (Istiqraa' Taamm)
It is unanimously agreed that perfect induction represents a binding
proof because all the particular instances have been investigated with
61 Al-Adl (33)
the aim of establishing the outcome of induction, or what we called

above the universal rule. By all particular instances is meant here those
instances which have been examined and observed; as for the particular
instances that are non-existent or unknown, they cannot be investigated
and incorporated within the particular instances that have been
inducted. These particular instances follow the outcome of induction or
the universal proposition after it has been established and formulated.
Therefore, the outcome of such induction is definitive once all the
conditions are satisfied. An example of this is when the judgment
relating to each particular instance inducted is definitive and when it is
confirmed that there is no particular instance that has not been
investigated. However, the outcome of induction becomes speculative
when the judgment of such particular instances is speculative, or when
the statement concerning the non-existence of other particular instances
is also speculative or when one of the two factors is also speculative. 21
Authority of Istiqraa' Naaqis
The majority of scholars and usooliyyoon consider istiqraa' naaqis a
speculative proof and not definitive.22 On this basis, they consider it a
means whereby judgments are made clear and preponderant. Imaam
Ash-Shaatibee maintains that it actually denotes definitive proof. He
writes, "The universal rule cannot be generally established through the
investigation of all or most of the particular instances. Otherwise, a
particular instance may not be assumed unless it falls under the
universal rule, for istiqraa' is considered definitive if it is complete."23
The majority of scholars and usooliyyoon lend support to the view
that istiqraa' is a binding proof in the processes of istinbaat and ijtihaad by
citing a number of proofs including the following:
It is obligatory to act on cases that are most probable, and istiqraa'
naaqis, as is known, is a case in point. Therefore, its authority is
TuruqAl- Kashf 'An Maqaasid Ash-Shar', p.233. In fact, the author of this book referred
to At-Tahaanawee's Mawsoo'at Kash-shaaf Istilaahaat Al-Funoon Wal-'Uloom and AlGhazaalee's Mi'yaar Al-'Ilm, p.152.
22 See Al-Muwwafaqaat, 1/18ff; Nadhariyyat Al-Maqaasid Inda Ibn 'Aashoor, p.356;
Madkhal Ilaa 'Ilm Al-Mantiq, p. 245ff and other sources which discuss the authority of
istiqraa'.
23Al-Muwwafaqaat, 3/10.
21
62 Al-Adl (33)
acceptable and its proof is binding. Ibn Muflif said, "Istiqraa' signifies
a definitive state and acting upon it is necessary."24 Al-Ghazaalee
said, "It is well-known that the Lawmaker considers the most likely
states of things to be in the same position as the intended matters.
Sleep, for instance, which is the most likely state of causing ritual
impurity, is considered a state of ritual impurity.25
Investigating all the particular instances is rather impossible due to
the fact that it is next to impossible to limit the huge number and
rapid development of these particular instances and whatever
circumstances and reasons related to them that arouse controversy
and trigger off heated debates amongst scholars as to whether or not
they could be considered particulars that can follow the universal
propositions, not to mention the non-existent or unknown particular
instances which crop up every now and then and which are
considered particular instances that have been inducted and
investigated with a view to establishing the universal rule that is
extracted through induction. Had it been a condition to investigate
all the particular instances, the effect of istiqraa' would have been to
no avail and its benefitrepresented in formulating the universal
outcomes and general rules and assessing new developments and
occurrences and making them follow the universal propositions and
ruleswould also be in vain. Al-Mudhaffar said, "There is no doubt
that most of the general rules consist of unlimited cases and thus it is
impossible to realise perfect induction in them."26 Defining istiqraaa',
Ibn 'Aashoor also said, "It is to investigate the particular instances to
establish a universal rule. In fact, it has been considered a proof
because universality has not been established and nothing indicates
this universality except the investigation of particular instances and
also because it is used as evidence concerning the rules of the
unknown particular instances after they have been established."27
Al-Minhaaj Bi Sharh Al-Asfahaanee, 2/759.

Shifaa' Al-Ghaleel, p.213.
26 Al-Mantiq, p. 264, as has been quoted in Al-'Umoom Al-Ma'nawee, p.176.
27 Haasiyat At-Tawdheeh, 2/224, as has been quoted in Al-Hussainee's Nadhariyyat AlMaqaasid 'Inda Ibn 'Aashoor, p. 356.
24
25
63 Al-Adl (33)
Istiqraa' Naaqis is employed in the fields of mathematics, natural

sciences, chemical sciences, social sciences, economic sciences and
similar sciences even though the proportion of certainty varies
following the different nature of such fields and the extent to which
they agree or disagree towards reality. 28 That is why its aid is sought
in the domain of certain Islamic disciplines such as the juristic rules
and the principles of Islamic jurisprudence, the changing means such
as means of administering justice and implementing mutual
consultation, natural human occurrences such as the menstruation
and postpartum periods, age of maturity and the age for the first
menstruation and their signs, and the season in which fruits ripen
and its signs. Therefore, the proof of istiqraa' naaqis, in addition to
what has been mentioned about it, is considered binding as it is a
rational means whereby such logical processes as investigation,
observation, comparison and extraction are carried out according to
the dictates of the human intellect.
Istiqraa' Akhtaree and Istiqraa' Ba'dhee Revisited
We have mentioned earlier that istiqraa' naaqis is of two types,
namely, istiqraa' akhtaree (majority or greater induction) and istiqraa'
ba'dhee (partial induction). We also mentioned that the difference
between them lies in the amount of the particular instances inducted. If
these particular instances constitute a majority, it is described as akhtaree
(majority); if, however, they are minimal, it is described as ba'dhee
(partial). The reason for putting these two types of isiqraa' forward is to
examine the nature of their authority and the extent to which this nature
is affected as to the quantity of the particular instances inducted.
First Opinion: Majority as a Condition in Istiqraa' Naaqis
Those who advocate this opinion maintain that the particular
instances of istiqraa' naaqis must constitute a majority and must not be
nominal or partial. The reason for this is that when such instances
constitute a majority, the observer or the expert scholar will most
probably judge the rest of the particular instances, thinking that they
28Abdur-Rahmaan
Hasan Al-Maidaanee, Dhawaabit Al-Ma;rifah Wa Usool Al-Istidlaal WalMunaadharah, pp. 195-6.
64 Al-Adl (33)
have the same weight as the majority and that the inconsiderable
amount of such instances can follow the majority.
Al-Asfahaanee said, "Acting on supposition (dhann) is necessary, as
it is clear that supposition occurs when it is established in most
particular instances."29
Al-Ghazaalee said, "When the rules increase in number, supposition
becomes stronger, and the more varied the particular instances become,
supposition becomes stronger."30
Ash-Shaatibee also said, "The universal can only be established as
such when most or all of the particular instances have been inducted." 31
Second Opinion: Only Some Particular Instances are Sufficient in
Istiqraa' Naaqis
Those who hold this view maintain that it is possible to restrict
oneself to some particular instances with a view to establishing their
universal rule because the reason behind istiqraa' is the universal rule
through the investigation of some of its samples and particular instances
only. Another reason is that the rest of the samples and particular
instances follow the rule of the universal rule extracted through
induction.
Dr. Ismaa'eel Al-Husainee mentioned that some scholars have gone
as far as to give up limiting themselves to the majority when defining
istiqraa' and they even used the word 'some' in their definitions of the
word. They based this action of theirs on the fact that inductive evidence
in a number of juristic issues in which jurists employed the process of
istiqraa' did not represent a majority or even reach half of them. 32
It has also been mentioned that Al-Ghazaalee did not state a majority
of particular instances as a condition in the induction process. He only
mentioned the phrase 'many particular instances'. In fact, he said in his
definition of istiqraa', "It means to examine numerous particular
instances which are included under a general sense, or rule. When a
Sharh Al-Asfahaanee Lil-Minhaaj, 2/760.

iMi'yaar Al-'Ilm, p. 116.
31 Al-Muwwafaqaat, 3/10.
32 Nadhariyyat Al-Maqaasid 'Inda Ibn 'Aashoor, p.356.
29
30
65 Al-Adl (33)
ruling concerning such particular instances is found, this ruling is used

to judge such general sense, or rule, with it."33
The Preponderant Opinion
The preponderant opinion which has more in its favour is to adopt
the majority induction (istiqraa' akhtaree or aghlabee) because probability
in it is strong; it also realizes the sense of ijtihaad, conforms to the legal
dictates of Islam which call to observation, reflection, efficiency and
deepness the relationship with Almighty Allah. Therefore, the more a
mujtahid34 observes the particular instances and details of the Sharee'ah,
the more closer he gets to the Giver of the Sharee'ah who will then give
him the assistance he needs.
It is well known by intuition as well as through empirical evidence
that observing more details is far better than observing fewer details,
and that the rate of dhann (supposition, speculation) increases with the
increase in the amount of the particular details inducted. Therefore, it is
incumbent upon the mujtahid who conducts the induction process to
exhaust the particular instances until he becomes sure that he has
investigated most particular instances.
However, it is not sometimes easy to observe the majority of such
instances due to their rarity or due to the failure of the scholar who
conducts the induction process to be fully aware of the majority of
particular instances despite the effort he makes in this regard. It could
also be because there is no need at all to observe the majority of such
instances because of the unavailability of texts, unanimous agreements
or other legal considerations that support and strengthen the universal
rule. It is for this reason that some scholars have considered that istiqraa'
33
34
Mi'yaar Al-'Ilm Fee Fann Al-Mantiq, p. 115.

A mujtahid (plural: mujtahidoon) is one who exercises ijtihaad, which means
independent reasoning and analytical thought. Ijtihaad may involve the interpretation
of the source materials, inference of rules from them, or giving a legal verdict or
decision on any issue on which there is no specific guidance in the Qur'an and the
Sunnah. (Translator's Note)
66 Al-Adl (33)
ba'dhee does not hold unless there is some kind of legal support that
strengthens it.35
Ar-Raazee (Latin Rhazes) said, "It is obvious that this proportion will
be of no avail without separate evidence."36 Yusuf Badawee said,
"Istiqraa' is not to be relied on unless it is supported with
ijmaa'(unanimous agreement)."37
If scholars find it is impossible to realize istiqraa' Aghlabee, then they
can have recourse to istiqraa' ba'dhee.38 It is also well known that the rarer
and fewer the particular instances inducted are, the weaker and less
preponderant the levels of istiqraa' ba'dhee become. In fact, such istiqraa'
can reach a severe point of weakness with less weight and thus without
authority whatsoever according to the unanimous agreement of
scholars.39
Outcomes of Istiqraa': Examples
Outcomes of induction are the general rules or universal laws
reached through the process of istiqraa'. There are many examples of
such outcomes, and they are to be found in numerous epistemological
and scientific domains, such as the legal, linguistic, mathematical and
natural domains. We will confine ourselves to the following general
domains:
Principles of the Arabic language and the rules of grammar,
morphology and prosody
35
The same thing applies to istiqraa' in Aristotelian logic. It has been established that
istiqraa' alone cannot prove beneficial to knowledge and that it ought to be supported
by a priori rational principles so that the whole will constitute a syllogism which
proves the existence of a causal relationship to establish a definitive universal rule
than can be applicable to all similar cases. For more details, see Turuq Al-Kashf 'An
Maqaasid Ash-Shar', p. 240.
Al-Mahsool, 6/161.
Maqaasid Ash-Sharee'ah 'Inda Ibn Taymiyyah, p. 204.
38 An example of this is to follow up the age of maturity or the periods of menstruation.
The universal proposition in this respect cannot be reached by following the cases of
the majority of women and the majority of adults, not even half or a quarter of their
numbers. Observation of such individuals has been confined to only some of them.
39 Fore more information on this issue, see Dhawaabit Al-Ma'rifah, pp. 188-9.
36
37
67 Al-Adl (33)
Principles of chemistry, medicine, mathematics, astronomy and

geography
Principles of jurisprudence and regulations governing it: Examples
of these include "Hardship necessitates relaxing the law", "Matters
shall be judged by their objectives", "Necessity legalises the
otherwise prohibited". This also includes the principle which states,
"The things that are bound to cause a state of ritual impurity in the
juristic schools are three: insanity, whatever comes out of the front
and back passages, sexual intercourse and anything else which
carries this sense."40
The rule "The causes that we believe necessitate inheritance are four:
marriage, kinship, loyalty and Islam." Ash-Shaafi'ee41 also holds this
view. The rule "Dhihaar42 in Islamic law has certain expressions
related to it."43
Rules of usool (fundamentals of Islamic jurisprudence) and
derivation of laws (istinbaat) such as the rule of commandment and
prohibition, the rule of the general and the particular, 44 the rule of
the authority and binding proof of the Qur'an and the Sunnah, the
rule of the relatedness of the Qur'an to the Sunnah, the rule of
contradiction and preponderance and many other rules that are set
forth in books of usool
Rules, theories and characteristics of Islamic thought, such as the
theories of responsibility, freedom, ownership, guarantee, contracts,
obligations and defects. This also includes, amongst other things, the
characteristics of moderation, ease, universality, realism, humanism,
comprehensives, and the set of fixed principles (thawaabit) and
Al-Baajee, Al-Muntaqee, 1/53.

Abu Bakr ibn Al-'Arabee, Al-Qabas, 3/1045.
42 Dhihaar dhihaar refers to a man's saying to his wife, "You are to me as my mother's
back". Such a pre-Islamic sinful pronouncement would make marital intercourse
between husband and wife forbidden, and Islam provided for special atonement for
the man who committed such a sin to make in order to resume his marital intercourse
with his wife. (Translator's Note)
43 Al-Baajee, Al-Muntaqaa, 4/37.
44 See Turuq Al-Kash 'An Maqaasid Ash-Shar', p. 259.
40
41
68 Al-Adl (33)
confirmed principles(qat'iyyaat) as well as other principles and rules

that have been established through exhaustive inductive processes.
Examples of Outcomes of Induction in the Field of Maqaasid AshSharee'ah45
Indeed, istiqraa' is an objective and rational method which has been
applied in numerous epistemological and humanistic domains, and the
domain of maqqasid ash-Sharee'ah is one such domain. Following are
some outcomes of induction in this domain:
Laws are laid down for the benefit of mankind in this life and in the
hereafter
Human needs fall into three categories, the inevitable (daruriyyah),
the needed (hajiyyah) and the luxuries or refinements (tahseeniyyah)
The necessary maqqasid are represented in the protection of the five
basic human interests: religion, life, reproduction, property and
reason.
The maqaasid have complementary parts
Ways have the same rulings as the maqaasid
What is to be considered with regard to interests and evil are the
predominant elements of interest or evil in them
The maqaasid are related to the Sharee'ah and not independent from
it
The best forms of maqaasid are worship and obedience of Allah's
Commands
45
The expression Maqaasid Ash-Sharee'ah refers to the goals and objectives of the
Sharee'ah. (Translator's Note)
69 Al-Adl (33)
Reality of the Inductive Goals and Objectives

The Inductive Goals and Objectives: Definition
The inductive goals and objectives refer to the goals and objectives
(maqaasid) of the Sharee'ah which have been established through the
investigation of numerous particular instances, branches and matters
relating to such goals and objectives. In other words, they are the goals
and objectives of the Sharee'ah which have been established through
istiqraa'.
The Inductive Goals and Objectives: Examples
Examples of the inductive goals and objectives are many and highly
detailed, and the importance attached to them carries the same weight
as that of the goals and objectives of Islamic law (maqaasid), as well as
that of the issue of istiqraa' and its role in bringing to light these goals
and objectives.46 Some of these examples are presented as follows in
general and in detail.
Some Inductive Goals and Objectives in General
All rules are based on the principle of worshipping Almighty Allah
Fanciful or cancelled maqaasid are not to be taken into account and
are not to be relied on.
Rules are sometimes hidden47
What deserves attention with regard to interests and evils are the
predominant elements of interest or evil in them: "Investigating the
Sharee'ah requires that every interest must have some kind of evil
An example of this is Ash-Shaatibee's use of the term 'istiqraa'' about a hundred times.
Ibn Al-Qayyim also mentioned scores of examples and proofs with regard to the
explanations of the Qur'an and the Sunnah; and Ibn 'Aashoor also mentioned a large
number of examples concerning the general fixed maqaasid (plural of maqsad) that are
established through istiqraa'. See Nadhariyyat Al-Maqaasid 'Inda Ash-Shaatibee, p. 283;
Manhaj Fahm Al-Kitaab Was-Sunnah, p.104; and Nadhariyyat Al-Maqaasid 'Inda Ibn
'Aashoor, p. 363.
47 Dr. Mahmood Taa Haa, Al-Qaamoos Al-Mubeen, p. 109.
46
70 Al-Adl (33)
even if is too insignificant to be noticed, and that every evil must

have some kind of interest even it is too insignificant to be noticed." 48
The principle of sadd ad-daraa'i49' and the invalidity of hiyal50
Legal obligations are conditional on physical ability
Islam looks forward to freedom
The [ruler's] treatment of [his] subjects is conditional on the public
interest
Marriage is prescribed to be permanent and not temporary
Total equality between men and women is impossible: "Masculinity
and femininity have received divine mention in general, as in the
cases of judgment and lending testimony; it is therefore highly
probable that they be specified by some rules depending on what
pertains to them."51
Some Inductive Goals and Objectives in Detail
First Example: Safeguarding One's Honour
Preserving one's honour is an inductive outcome which has been
formulated by investigating its particular instances, branches and
matters relating to it. These include, amongst other things, the
prescription of marriage, prohibition of adultery, fornication, mixing
with someone of the opposite sex to whom one is not married in
privacy, wearing indecent clothes, looking at persons of the opposite sex
with lust, intentionally being soft in speech to attract members of the
opposite sex (This applies to women). They also include the command to
women to observe the Islamic dress code, decency and to preserve their
chastity. Punishments related to such matters have been prescribed.
Decent, chaste people have been praised, the unchaste, corrupt ones
have been severely reprimanded and the negligent ones have been
disparaged. The Sharee'ah also commands Muslims to protect
Tanqeeh Al-Fusool, p. 87, as has been quoted in Nadhariyyat Al-Maqaasid 'Inda Ibn
'Aashoor, p. 359.
49 The expression 'Sadd ad-Daraa'i'' literally means blocking the means and implies
blocking the means to an expected end or an evil which is likely to materialize if the
means towards it is not obstructed. (Translator's Note)
50 Hiyal is the plural form of the Arabic word heelah, which means legal stratagem.
(Translator's Note)
51 Sharh Al'Abbaadee 'Alaa Jamee' Al-Jawaami', 4/144.
48
71 Al-Adl (33)
themselves against such shameful practices by fasting, observing

patience and perseverance, anticipating Allah's reward in the hereafter,
assisting one another in righteousness and piety and making marriage
and its expenses fairly easy for everyone. All these particular rules and
intents constitute in their entirety a universal legal objective and goal of
the Sharee'ah, which Muslim scholars have termed maqsad hifdh al-'irdh
wan-nasl wan-nasab (the principle of protecting one's honour, procreation
and lineage).52
Second Example: Perpetuating Marriage
Perpetuating marriage simply means to make it continue to exist for
a long time and never cease it, or decide to make it last for only a certain
time. Therefore, none of the two spouses, nor both of them, must intend
to end their marriage after a certain period of time without a valid
reason acceptable to the Sharee'ah. For the original rule is to maintain the
marital bond until a legal reason allows such relationship to come to an
end.53
This inductive maqsad (singular of maqaasid) has been established by
a number of particular instances, including many legal proofs and
intents. These include, amongst other things, the command to
perpetuate it, good treatment, observing patience and anticipating
Allah's reward in the hereafter when one undergoes hardship or when
one happens to dislike one's spouse. Islam also describes marriage as a
'solemn covenant' and a great trust and prescribes it so that each spouse
would find peace of mind in the other and to experience love and
tenderness towards each other, to procreate offspring, establish a sound,
good family, build a sound and strong society and bring about a leading
nation.
Some of the past and present scholars mentioned differences between these three
words, but I have confined myself to the general principle, in line with the general
nature of this issue.
53 Ibn 'Aashoor mentioned that the goal and objective of the Sharee'ah with regard to
marriage is based on two principles. The first one is perpetuity and the second one is
that it must not be conditional on making it last for a certain time only. See Maqaasid
Ash-Sharee'ah, p. 158.
52
72 Al-Adl (33)
Third Example: Abhorring Divorce

Divorce is the act of ending a marriage, which, despite being a
lawful act, is indeed the most abhorred act in the sight of Allah. Allah,
therefore, commands spouses to have patience with one's spouse, to
exercise self-control and never to rush things up. In addition, Islam has
laid down a number of rules to perpetuate marital relationship and to
prevent the act of divorce from taking place. An example of this is that
the husband can only pronounce it when his wife is not menstruating so
he can easily and conveniently see her regarding reconciliation; they
should also appoint arbiters from each side to effect reconciliation and
they should avoid disliking each other as much as possible. Almighty
Allah says, "And if you dislike them, it may be that you dislike a thing
wherein Allah has placed much good."54He also says, "It may be that
you dislike a thing while it is good for you."55
Fourth Example: Islam Looks forward to Freedom
Islam longs for human freedom and does everything possible to
realize it. In fact, this is considered one of the universal goals and
objectives of the Sharee'ah which have been established by a multiplicity
of texts, intents and rules. Almighty Allah says, "We have honoured the
progeny of Adam; provided them with transport on land and sea;
given them for sustenance things good and pure; and conferred on
them special favours, above a great part of our creation."56; "We have
indeed created man in the best of moulds."57; "Let there be no
compulsion in religion."58; "If it had been thy Lord's will, they would
all have believed,--all who are on earth! will you then compel
mankind, against their will, to believe!"59; "Therefore, give
admonition, for you are one to admonish."60
Surat An-Nisaa', 4:19

Surat Al-Baqarah, 2:216.
56 Surat Al-Israa', 17:70.
57 Surat At-Teen, 95:4.
58 Surat Al-Baqarah, 2:256.
59 Surat Yoonus, 10:99.
60 Surat Al-Ghaashiyah, 88:21.
54
55
73 Al-Adl (33)
It has also been reported that Omar ibn Al-Khattaah (may Allah be
pleased once said, "When did you start to enslave the people although
they were born free by their mothers?"
An example of the various injunctions commanding the believers to
observe are: Islam prescribes laws relating to setting slaves free,
engaging in such noble practices as much as possible and encouraging
such a good deed. It also allows purchasing slaves and freeing them for
the sake of Allah as a way of spending one's zakaat. In fact, Islam
considers manumission of slaves as a form of expiation for
manslaughter, intentionally breaking one's fast in Ramadhan,
committing the sin of dhihaar or breaking one's vows. Islam also
commands the believers not to refuse a slave a written deed to pave the
way for his freedom, as Almighty Allah says, "And if any of your slaves
ask for a deed in writing [to enable them to earn their freedom for a
certain sum], give them such a deed if you know any good in them;
yea, give them something yourselves out of the means which Allah
has given to you."61
Indeed, Almighty Allah commends the act of setting slaves free, as
the Qur'an says, "But he has not made haste on the path that is steep;
and what will explain to you the path that is steep?]It is] freeing the
bondman."62
Ibn 'Aashoor said, "Similar to this is the frequent command [in the
Qur'an] to free slaves, which only makes it clear to us that one of the
ultimate goals and objectives of the Sharee'ah is the realization of
freedom."63
Domains of the Inductive Goals and Objectives of the Sharee'ah
The domain of the inductive goals and objectives of the Sharee'ah
comprise the body of the Islamic data (proofs, rulings, intents,
inferences, etc.) which are investigated with a view to arriving at the
inductive goals and objectives of the Sharee'ah. Past scholars, however,
tackled this issue but they never explicitly used such designation. These
Surat An-Noor, 24:33.

Surat Al-Mayyinah, 90:11-13.
63 Maqqqsid Ibn 'Aashoor, p.21.
61
62
74 Al-Adl (33)
scholars include Ash-Shaatibee, Ibn Taymiyyah, Al-Ghazaalee and Ibn

'Aashoor.
according to Ash-Shaatibee
According to Ash-Shaatibee, the inductive goals and objectives of the
Sharee'ah comprise universal and particular proofs which have been
added to each other as well the inferences of reported and unreported
cases. Ash-Shaatibee says, "The evidence for this is: The [command to]
apply the istiqraa' process on the Sharee'ah, to observe its universal and
particular proofs and to examine these general matters which it
comprises to reach the state of an abstract induction (istiqraa' ma'nawee)
which cannot be established with a particular proof, but rather with [a
number of] proofs added to each other. These proofs are organized in
such a way as they form one particular matter to which all these proofs
conform. An example of this is the common saying 'the generosity of
Haatim'64 and 'the valour of Ali ibn Abee Taalib' (may Allah be pleased
with him)65, and the like. In establishing the ultimate goal and objective
of the Lawgiver in such rules, people do not rely on a particular proof or
a particular manner; rather, they do so through the various generalities,
the absolute and restricted matters as well as the particular instances in
different circumstances and occurrences, in every juristic issue, and in
every kind, until they become familiar with the fact that the proofs of the
Sharee'ah revolve around the protection of such rules, in addition to the
inferences of reported and unreported cases."66
according to Ibn Taymiyyah
This domain comprises the Qur'an, the Sunnah, ijmaa'67, I'tibaar68, the
statements of the pious predecessors and the early generations of
Haatim At-Taa'ee was an Arab who was known for his generosity before the advent of
Islam. (Translator's Note)
65 Ali ibn Abee Taalib was one of the noble companions of the Prophet (may Allah's
peace and blessings be upon him). He was known for many noble qualities, foremost
amongst which was his bravery. (Translator's Note)
67 This means unanimous agreement. (Translator's Note)
68 This means scholarly consensus, credibility, authenticity. (Translator's Note)
64
75 Al-Adl (33)
Muslims, the body of texts agreed upon, legal credible intents in legal
rulings, the general proofs, and the like. Researcher Yusuf badawee
discussed this matter in this domain in detail in his book Maqaasid AshSharee'ah according to Ibn Taymiyyah. Following are some examples:
He supported the principle of sadd ad-daraa'i' (blocking of means) by
citing countless proofs.69
He established the fact that acts of worship can only be proved by
the Sharee'ah, and he supported this view by inducting the
fundamentals of the Sharee'ah.70
He decided that hiyyal (legal stratagems) are invalid in two ways; the
first one included thirty proofs and the second one included twelve
judgments.71
according to Al-Ghazaalee
This domain includes the Qur'an, the Sunnah, and the inferences of
cases and the differentiation of signs.72
according to Ibn 'Aashoor
This domain includes what Ibn 'Aashoor termed tasarrufaat ashsharee'ah (conduct of the Sharee'ah). He mentioned that the researcher
who delves into the goals and objectives of the Sharee'ah must not
specify any goal and objective of the Sharee'ah without first inducting the
conduct of the Sharee'ah in the type from which he intends to extract the
goal and objective of the Sharee'ah. He should also follow in the footsteps
of the leading jurists to be enlightened by their [deep] understanding [of
the issue] and be aware of their practices as to the rules of the Sharee'ah.
If he does this, he will definitely acquire the ability of extracting rules
through which he will be able to understand the intent of the
Lawgiver."73
Maqaasid Ash-Sharee'ah'Inda Ibn Taymiyyah, p. 208. The author referred to Ibn
Taymiyya's Majmoo' Al-Fataafaa, 21/508.
70 Maqaasid Ash-Sharee'ah'Inda Ibn Taymiyyah, p. 210.
71 Maqaasid Ash-Sharee'ah'Inda Ibn Taymiyyah, p. 208. The author referred to Ibn
Taymiyya's Bayaan Ad-Daleel, p. 353.
72 Al-Mustasfaa, 2/311.
73 Maqaasid Ash-Sharee'ah, p. 40.
69
76 Al-Adl (33)
The meaning of the term "tasarrufaat ash-sharee'ah" as Ibn 'Aashoor

understood it becomes clear when the ways of establishing the ultimate
goals and objectives of the Sharee'ah are discussed in detail. In fact, Ibn
'Aashoor considers istiqraa' the first and greatest means of
understanding and uncovering the goals and objectives of the Sharee'ah.
He writes,
"Means of establishing the goals and objectives of the Sharee'ah:
The first and greatest means is to explore the Sharee'ah as to its
conduct, and this is of two types:
The greatest one is to investigate the rulings whose 'ilal74 are known
and which can be attributed to the exploration of such 'ilal which are
established by ways of the masaalik75 of the illah76. By investigating the
'ilal, we can readily understand the ultimate goals and objectives of the
Sharee'ah. For if we investigate many 'ilal that are similar, in that they
govern and determine one particular underlying reason, we can extract
one underlying reason from them, and then we can assert
authoritatively that it is one goal and objective of the Sharee'ah. In
addition, by investigating the particular instances, we can extract a
universal concept according to the rules of logic.
For example, if we come to know the 'illah behind the prohibition of
muzaabanah77in the maslak78of allusion in the saying of the Prophet (may
Allah's peace and blessing be upon him) when he said to the man who
bought dried dates with fresh dates and asked him, "Does the fresh date
shrink when it dries?" The prophet (may Allah's peace and blessings be
upon him) replied, "Yes," and so he forbade it.'" It becomes clear,
therefore, that the 'illah behind the prohibition of muzaabanah is
ignorance of the amount of the two substitutes, namely, fresh fruit sold
for dried dates. If we come to know the prohibition behind bay' al-juzaaf
'Ilal (singular: 'illah): Effective cause or ratio legis of a particular ruling. (Translator's
Note)
75 Masaalik (singular: maslak: path. (Translator's Note)
76 See definition above. (Translator's Note)
77 Muzaabanah is the sale of dried dates for fresh ones that are still on the trees, and dried
grapes for fresh grapes, and the sale of 'araayaa (i.e. the sale of ripe fresh dates, still
over the palms by means of estimation, for dry dates. (Translator's Note)
78 See definition of masaalik above. (Translator's Note)
74
77 Al-Adl (33)
(selling foodstuffs randomly without measuring it), and we understand

that its 'illah is the ignorance of the two substitutes by way of deriving
the 'illah; and if we come to know the impermissibility of practising
ghabn (fraud) and we know that its 'illah is to put an end to deception
amongst members of the Muslim Ummah, as evidenced by a hadeeth
which states that a man mentioned to the Prophet that he had always
been cheated in bargains. The Prophet said to him, "Whenever you make
a bargain, say, 'No cheating.'"79 If we come to know all these 'ilal, we will
extract from them one single maqsad, namely, that risk-taking (gharar) is
invalid in commutative contracts on the basis of 'do ut des'
(mu'aawadhaat). There is no disagreement, therefore, as to the fact that
any form of such transaction which involves risk in price, the thing
priced or the deferred payment method is undoubtedly invalid.
Another example: We know that a Muslim man should not ask for
the hand of a girl who is already engaged to his Muslim brother, [unless
the first suitor gives her up, or allows him to ask for her hand] and that
he should not cancel a bargain already agreed upon between some other
persons [by offering a bigger price]. We also know that the 'illah for this
is due to the gloominess that arises due to the attempt to deprive
someone from realizing a certain benefit. The maqsad we extract from
this is the perpetuation of brotherhood among Muslims. We employ this
maqsad to establish the principle that the prohibition of asking for the
hand of a girl who is already engaged and cancelling a bargain already
agreed upon does not apply if the first suitor and the first person to
make the bargain decide against what they originally wanted to do.
The Second one is to investigate the proofs of rulings which share
one single 'illah so much so that we become certain enough that such
'illah is actually the maqsad of the Lawgiver.
Examples: the 'illah behind the prohibition of selling foodstuff before
receiving it is the call to its marketability; the 'illah behind the
prohibition of selling foodstuff for foodstuff on credit is that the
foodstuff does not remain in someone's possession and thus misses the
opportunity of its marketability. The 'illah behind the prohibition of
monopolizing foodstuff, as evidenced by the hadeeth reported by Muslim
79
That is, he has the right to return it if found undesirable. (Translator's Note)
78 Al-Adl (33)
on the authority of Ma'mar who narrated that the Prophet (may Allah's
peace and blessings be upon him) said, "Whoever monopolizes foodstuff
is a sinner", is the decrease in the quality of foodstuffs in the market.
With this kind of investigation, it becomes clear that the marketability of
foodstuff and accessibility to it is one of the ultimate goals and objectives
of the Sharee'ah. We, therefore, consider this maqsad a fundamental and
say that marketability is realized through different forms of
mu'aawadhaat (commutative contracts on the basis of 'do ut des') and the
non-marketability is also realized through different forms of
mu'aawadhaat; for people never give up concluding transactions. Apart
from mu'aawadhaat non-marketability is not to be feared, and that is
why we stated that partnership, appointment and deposition in
foodstuff before receiving it is permissible. Similar to this is the oftrepeated command [in the Qur'an] to set slaves free, which only
indicates that the realization of freedom is one of the ultimate goals and
objectives of the Sharee'ah (maqaasid)."80
We conclude from what has been mentioned above that the domain
of istiqraa' with regard to the goals and objectives of the Sharee'ah
comprises the legal particular instances and data that are related to the
goals and objectives of the Sharee'ah. It is obvious that these particular
instances and data comprise texts, consensuses, legal rulings and proofs,
the statements of the early generations of Muslims, their independent
reasoning and analytical thought, the fundamentals, occurrences and the
various legal proofs and inferences.81 This domain also includes
whatever is related to all that, such as the circumstances of texts and
proofs as to explicitness, generality, particularity, and the evidence as to
explicitness, implicitness, justification, worship, addition, limitation,
criticism, opposition, and the like.
Each one of these, however, has an effect on the istiqraa' process, its
levels and degrees and its authority as to strength and weakness and its
being definitive or speculative. Therefore, the mujtahidoon and those
who carry out induction (istiqraa') are required to engage in careful,
80
81
Maqqasid Ash-Sharee'ah, p. 21.

Dr. Al-Husainee mentioned that induction relies on a number of proofs that share one
particular intent. See Nadhariyyat Al-Maqaasid 'Inda Ibn 'Aashoor, p.357.
79 Al-Adl (33)
deep observation and reflection, to make huge efforts and to have the
best of intentions with a view to conducting the discretionary inductive
processes in the best possible manner, establishing the best operative
universal rules and using them as criteria and thus adding whatever
deserves to be added to them.
Appellations of the Inductive Goals and Objectives of the Sharee'ah
Every now and then, scholars give the expression al-maqaasid alistiqraa'yah (inductive goals and objectives of the Sharee'ah) appellations
that are superficially distinct but similar in meaning.
These appellations include al-istiqraa' al-ma'nawee (abstract
induction), al-'umoom al-ma'nawee (abstract whole), at-tawaatur alma'nawee (abstract frequency), al-masaalih al-kulliyyah (universal
benefits), ad-daleel ash-sar'ee al-kullee (universal legal proof), ad-daleel al'aam (universal proof), ad-daleel al-ijmaalee (comprehensive evidence), addaleel al'ba'eed (distant evidence), ad-daleel al-'aalee (sublime evidence), alqiyyaas al-kullee (comprehensive analogy) and qiyyaas al ma'aanee
(analogy of intents).82
They have been termed al-istiqraa' al-ma'nawee, as Ash-Shaatibee
states, "The evidence for this is: The [command to] apply the istiqraa'
process on the Sharee'ah, to observe its universal and particular proofs
and to examine these general matters which it comprises to reach the
state of an abstract induction (istiqraa' ma'nawee) which cannot be
established with a particular proof, but rather with [a number of] proofs
added to each other."83
They have been termed al-'umoom al-ma'nawee: "Al-'umoom alma'nawee (the abstract whole) is a comprehensiveness which examines
the particular instances within it in a universal manner through istiqraa',
See Ali Hasb Allah, At-Tashree' Al-Islaamee, p.149; Az-Zarqaa, Al-Istislaah Wal-Masaalih
Al-Mursalah, p.29 as has been quoted from Ibn Taymiyyah's Al-Istislaah, p.199; and my
research paper titled Al-Munaasabah Ash-Shar'iyyah Wa Tatbeeqaatuhaa Al-Mu'aasirah,
p.242ff (under print).
82
80 Al-Adl (33)
'urf84, or evidence which is connected with the word and thus takes on
the general meaning of the word."85
They have been termed al-amr al-kullee al'aam: "If universality is established,
it is not necessary for it to be established through the wordings of universality
only; rather, it has two ways. The first one is the wording if it is availableand
this is the well known opinion of usooliyyoon; the second one is the induction of
the contexts of the ma'naa until a universal comprehensive rule (amr kullee aam)
is formulated in the mind and thus its ruling takes the same course as that of
the universality understood from the wordings."86
Researcher Muhammad Al 'Abd Al-Kareem has mentioned a number of
statements, which he attributed to those who expressed them, and indicated
their use of the expression al-'umoom al-ma'nawee (the abstract whole) or 'umoom
al-ma'naa (the universality of intent) explicitly or through allusion.87
They have also been termed al-ma'naa (intent) or ma'aanee al-usool (the
fundamentals' intents): "It is well known that Ash-Shaafi'ee's school of thought
adheres to the ma'naa even if this latter is not based on a fundamental as long as
it is closed to ma'aanee al-usool."88
There are many other appellations of al-maqaasid al-istiqraa'yah, which are
readily available in the books of past and present scholars.
The observer should not be concerned with adhering to the different
appellations and expressions of al-maqaasid al-istiqraa'yah. Rather, he ought to
consider the reality of these maqaasid (goals and objectives), their essential
nature and adopt them in the processes of induction and qiyaas89 as well as in
deciding on the preponderant opinion (tarjeeh). What is, therefore, the reality of
al-maqaasid al-istiqraa'yah in these processes?
'Urf: Local custom which is `recognizably' good. In the absence of anything to the
contrary, derivation of the law from the common and approved mores of a people.
(Translator's Note)
85 Muhammad Al 'Abd Al-Kareem, Al'Umoom Al-Ma'nawee 'Inda Al-Usooliyyeen, p.75
87 These scholars include Ibn Taymiyyah, Al-Qarraafee, Ibn As-Sam'aanee and Ibn AlQayyim. See Al-'Umoom Al-Ma'nawee, p. 66ff.
88 Al-Juwwenee, Al-Burhaan, 2/1114.
89 Qiyaas: Analogical deduction or reasoning. Recourse to analogy is only warranted if
the solution of a new case cannot be found in the Qur'an and the Sunnah. Analogy
then consists in extending a principle (asl) derived from the Qur'an and the Sunnah to
the new case. Analogical deduction cannot operate independently of the nusoos.
(Translator's Note)
84
81 Al-Adl (33)
Authority of the Inductive Goals and

Objectives of the Shareeah
The question that arises here is, can we consider al-maqaasid alistiqraa'yah a binding legal proof which can be relied on in the processes of
ijtihaad, istinbaat, qiyaas and tarjeeh? To answer this question, we must
explain the reality of the daleel shar'ee90 according to Muslim scholars: its
definition, types, authority and scholars' opinions regarding it. Once this
has been established, the researcher can then decide whether al-maqaasid alistiqraa'yah constitute a daleel or not.
Reality of Daleel Shar'ee
The daleel shar'ee (daleel, for short) is used by Muslim scholars under
different names and meanings according to a number of considerations.
Establishing the name of daleel here will assist the researcher in finding out
whether or not al-maqaasid al-istiqraa'yah constitutes a daleel.
Uses of the Term 'Daleel' among Scholars and Usooliyyoon
In the terminology of the fundamentals of Islamic jurisprudence, the
word daleel has a multiplicity of uses and meanings. It is used to mean the
'guide' (al-murshid, al-muwajjih)91 and the 'counsellor' (ad-daal, an-naasih)92 It
is also used to mean the fundamentals and sources of istinbaat that are
agreed upon, such as the Qur'an and the Sunnah, as well as those that are
disputed, such as istihsaan93, istislaah94 and istishaab95.
90
Daleel (plural: adillah): Proof, indication, evidence. Every ruling or judgment needs to
be substantiated by the appropriate daleel in the first instance from the Qur'an and the
Sunnah. (Translator's Note)
Al-'Uddah Fee Usool Al-Fiqh, 1/131-2.

Ibn An-Najjaar Al-Hanbalee, Sharh Al-Kawkab Al-Muneer Bi Mukhtasar At-Tahreer Fee
Usool Al-Fiqh, reviesd by Dr. Nazeeh Hammaad and Dr. Muhammad Az-Zuhailee,
1/51; See also Al-Aamidee, Al-Ihkaam, 1/31.
93 Istihsaan: Juristic preference - the abandonment of one legal ruling for another which is
considered better or more appropriate to a given circumstance. (Translator's Note)
94 This means consideration of public interest. (Translator's Note)
95 Istishaab: Presumption of continuity, or presuming continuation of the status quo ante.
For example, istishaab requires that once a contract of sale, or of marriage, is concluded
it is presumed to remain in force until there is a change established by evidence.
(Translator's Note)
91
92
82 Al-Adl (33)
It has largely been used, however, to refer to the textual evidence of the
Qur'an and the Sunnah as well as ijmaa'. That is, evidence concerning a
particular ruling, such as the use of such-and-such verse as evidence of a
certain ruling, and the use of a hadeeth to prove a certain ruling. The daleel is
also used among scholars as evidence concerning general issues, but with a
difference as to explicitness or allusion, number of times of its use and the
difference in giving it various appellations and expressions, such as alqaa'idah al-'aammah (universal rule), al-asl al-kullee (universal fundamental),
al-mabda' ash-shar'ee (legal principle) and al-jins al-'aalee (exalted species).
From all these uses and meanings, the researcher can establish the two
types of the daleel.
The Two Types of the Daleel
These are the partial legal daleel (proof) and the universal legal daleel.
1. Partial Legal Daleel (Daleel Shar'ee Juz'ee)
This refers to the daleel which, when used, automatically signifies the
text of the Qur'an, text of the hadeeth, Sunnah fi'liyyah96, Sunnah
Taqreeriyyah97 or specific consensus (ijmaa' khaas)98. In fact, this type of daleel
is the one that is commonly used in the various circles, including, those who
exercise ijtihaad, those who issue legal verdicts, those who give sermons as
well as judges. Statements of past and present scholars confirm this fact.
This usage becomes more evident when dealing with the daleel. That is why
whenever these scholars mention the legal or juristic ruling, they associate it
with its partial daleel from the Qur'an, the Sunnah, or specific consensus; or
both the Qur'an and the Sunnah; or from the Qur'an, the Sunnah and ijmaa'.
The faqeeh (jurist) would say, for example, "Trade is lawful and the daleel for
this is Allah's saying, 'Allah has made trade lawful.'"99
That is, it has to do with the actions of the Prophet (may Allah's peace and blessings be
upon him). (Translator's Note)
97 That is, one indicating the tacit approval of the Prophet (may Allah's peace and
blessings be upon him). (Translator's Note)
96
Ijmaa' khaas here means consensus concerning a specific issue and which shows a
partial ruling, such as the scholars' consensus regarding the necessity of the guardian
when marrying a very young girl. There is another type of consensus known as ijmaa'
kullee (general consensus) or dhimmee (implicit), which refers to consensus on a general
rule. For more details, see Ad-Daleel 'Inda Adh-Dhaahiriyyah, by the present author, pp.
280-1.
99 Surat Al-Baqarah, 2:275.
98
83 Al-Adl (33)
2. Universal Legal Daleel (Daleel Shar'ee Kullee)

The universal legal daleel is not concerned with a particular ruling, such
as the lawfulness of trade and the prohibition of deception; rather, it is
concerned with a universal or comprehensive rule which covers many
rulings. Even though scholars more often than not use the partial legal
daleel, they have not neglected the use of the universal legal daleel.
Sometimes, they mention the daleel with reference to a Qur'anic verse,
hadeeth or the ijmaa' khaas, but with reference to the universal rule and
general fundamental, the general benefit and objective, and similar things.
That is, they use it as evidence for a universal rule extracted from a number
of particular proofs or rulings.
It is upon this basis that the juristic rules, fundamental laws, juristic
regulations, the general aspects of the Sharee'ah and the general
characteristics of Islamic thought and civilization has been founded.
These extractions, which have been founded on the partial legal rulings
and proofs, are in fact used as evidence for the universal legal daleel whose
authority regarding rulings is cogent and binding. The establishment of the
universal daleel is based on its legal Islamic proofs and not on whims,
desires and arbitrary and distorted interpretations.
Proofs Supporting the Universal Legal Daleel
1. The universal legal daleel is founded on the legal particulars
(Qur'anic verses, Sunnah and ijmaa'), and whatever is based on such
foundations is legally valid. For whatever is founded on the Sharee'ah is
legally valid, and whatever is based on the Qur'an and the Sunnah requires
for, all practical purposes, acting upon them.
2. The majority of scholars and usooliyyoon have defined the daleel as
"the guide to the desired and the one that fulfils the aspirations" 100 In fact,
this general definition covers both types of daleel, the partial and the
universal.
3. Scholars maintain that legal rulings are of two types:
Rulings that are described as mantooq bihaa, and
Rulings that are described as maskoot 'anhaa

Those that are described as mantooq bihaa (explicitly expressed)
are those which have been firmly established with textual evidence
from the Qur'an or the Sunnah. As for those that are described as
100
Abu Ya'laa, Al-'Uddah Fee Usool Al-Fiqh, 1/131/2.
84 Al-Adl (33)
maskoot 'anhaa (implicit) are those ones which can be understood

from the text without being explicitly expressed. 101 Or they can be
those rulings which may not be known from the Qur'an, the Sunnah
and ijmaa' khaas, but rather from the universal rules and
fundamentals extracted from the particular texts of the Qur'an, the
Sunnah and ijmaa' khaas.
Accepting this type of rulings is established in terms of faith and
the Sharee'ah, in line with the principle of the completeness,
perfection and comprehensiveness of Islam, as Almighty Allah says,
"We have left out nothing in the Book."102 That is, the Book is
complete and covers all rulings relating to life and existence. There
is no doubt that the general meaning of this noble verse necessitates
accepting the implicit rulings which complement the explicitly
expressed rulings with a view to establishing the principle of the
completeness and perfection of the Islamic religion. If we eliminate
the implicit rulings and limit ourselves only to those particular
instances explicitly expressed in the Qur'an, this principle will by no
means be established, the general meaning of the noble verse will be
lost or part of its general meaning will at least be dispensed with.
Therefore, we conclude by saying that the type describes as
being implicit relies on the type that is explicitly expressed.
However, deciding the implicit type can only be effective through
observation, induction and interpretation (ta'weel) and other types
of carrying out ijtihaad.
3. The authority of iatiqraa' itself: This constitutes one of the proofs
supporting universal legal daleel. Examples for this come from the Sharee'ah
itself and from reality. It is well known that the Qur'an calls to istiqraa' by
commanding the believers to reflect on past events with the aim of deriving
lessons and facts and to ponder on the different phenomena in the universe
and in the human body with a view to arriving at laws and rules and utilise
them in such a way as to benefit mankind and the earth.
In fact, the early generations of Muslims (may Allah be pleased with
them) employed istiqraa' by examining the conduct and the various states of
the Prophet (may Allah's peace and blessings be upon him); and by so
101
102
For further deatils, see Adeeb Saalih, Tafseer An-Nusoos FilFiqh Al-Islaamee, 1/591ff.
Surat Al-An'aam, 6:38.
85 Al-Adl (33)
doing they derived what is commonly known [in hadeeth terminology] as

mutawaatir ma'nawee103 and marfoo'104 reports. They also did so by observing
the legal particular instances and their determination of their universal
rules, as they did in the case of the witr [prayer] and the mustahaadhah105 and
in that of other well-known legal issues.
Istiqraa', as is well known, has been expounded by philosophers,
logicians and usooliyyoon; they have also proved its binding proof and
authority in establishing facts, outcomes and extractions and in using them
by analogy with other matters and including others into them (idraaj). In
fact, all these things are explained in detail in their respective sources and
references. What concerns us here, however, is to stress the fact that
istiqraa', given its binding proof and authority, remains an important path
in furnishing evidence as to the universal legal daleel in general and the
authority of the maqsad istiqraa'ee106 in particular. That is why Ash-Shatibee
says, "The general outcome we have reached through our investigation of
the Sharee'ah is that it has been laid down for the overall benefits of
mankindGiven that istiqraa' signifies this [benefit] and is in this particular
issue beneficial to knowledge, we know for certain that the same thing
applies to all branches and details of the Sharee'ah."107
The Universal Legal Daleel in the Statements of Past Scholars
We have mentioned above108 that scholars used different appellations
and expressions as to the reality of the legal daleel in general and the
universal legal daleel in particular. In fact, these erudite scholars have used
words, phrases and statements which all point to the existence of the
universal legal daleel and the importance of observation, ijtihaad and qiyaas.
Hadeeth mutawaatir: Literally `continuously recurrent' hadeeth. A hadeeth is classified
as mutawaatir only when it is reported by a very large number of people of proven
reliability in such a way as to preclude any possibility of them all agreeing to
perpetuate a falsehood. According to the majority of scholars, the authority of a
mutawaatir hadeeth is equivalent to that of the Qur'an. Mutawaathir ma'nawee
(mutawaatir in the meaning) is one type of hadeeth mutawaatir. (Translator's Note)
104 This is a type of hadeeth whose isnaad (chain of transmitters) goes back to the Prophet
(may Allah's peace and blessings be upon him) (Translator's Note)
105 The mustahaadhah is a woman who has an issue of blood independent of the menses or
of the cleanings after parturition. (Translator's Note)
106 Singular of maqaasid istiqraa'yah. (Translator's Note)
107 Al-Muwwaafaqaat, 2/6-7.
108 That is, while discussing the issue of the reality of the legal dalel.
103
86 Al-Adl (33)
Citing such statements is unquestionably beneficial in view of the feeling of

ease [one experience] about the adoption of this universal daleel, in view of
benefiting from it in the processes of ijtihaad, understanding and tarjeeh, in
view of finding suitable solutions to our present-day issues and realizing
people's benefits, and in view of establishing the inductive goals and
objectives of the Sharee'ah and relying on them. Therefore, whatever is said
as to the authority and cogency of this evidence will also be said as to the
authority and authority of the other inductive goals and objectives of the
Sharee'ah, or the goals and objectives firmly established through induction.
These statements include the following:
Al-Juwweenee said, "It is well known that Ash-Shaafi'ee's school

of thought adheres to the ma'naa, even if this latter is not based on
a fundamental, as long as it is closed to ma'aanee al-usool."109
He also said, "Were the references of rulings confined to
[religious] texts and the meanings implicit in them, the scope of
ijtihaad would not have widened; for the texts and the meanings
implicit in them are, compared to the vast expanse of the
Sharee'ah, like a handful of water from the sea."110
He also mentioned that the Prophet's companions (may Allah be
pleased with them) felt free to lay down rulings in a confident
manner, occupying themselves with establishing them whenever
a situation or opportunity crops up, looking forward to whatever
would happen. The [present] author is well aware of the fact that
they would issue verdicts as to cases in which Allah's judgment is
clear and regarding those ones on which there is no ruling."111
At-Taftazaanee said, "Investigating the sources and references of

the Sharee'ah puts the genus of the consideration of benefits into
the genus of rulings in general."112
At-Toofee mentions in his book Al-Bulbul that the Prophet's

companions did not stipulate in their analogical reasoning that the
illah must be found in [religious] texts or confirmed through
ijmaa'."113
Al-Juwwenee, Al-Burhaan, 2/1114.
Al-Burhaan, 2/1117.
111 Ibid., 2/1116.
112 At-Talweeh, 2/;72.
113 At-Toofee, Al-Bulbul, p. 100.
109
110
87 Al-Adl (33)
Ash-Shaatibee's statement mentioned above in which he

recognizes this universal legal daleel which reached the state of
being confirmed and definitive with the addition of proofs to it; he
termed this daleel an abstract induction (istiqraa' ma'nawee) which
cannot be established with a particular proof, but rather with [a
number of] proofs added to each other.114 At another point, he
termed it al-amr al-kullee al-'aam (universal comprehensive rule)
which is arrived at through the induction of the contexts of the
ma'naa and which takes the same course as that of the universality
understood from the wordings."115 On another occasion, he
termed it al-kullee (universal): "Al-kullee can by no means be
established except through the induction of all or most of the
particular instances."116 On yet another occasion, he termed it alhukm al-'aam: "Such is the case of istiqraa', which is the
investigation of ma'naa to establish a universal ruling (hukm 'aam)
from themIt is universality intended in this issue."117 He
sometimes uses other terms other than these two, such as the term
istihsaan, which he considers as a type of investigating the
requirements and outcomes. He said, "Istihsaan is not out of the
scope of adillah (singular: daleel, proof); however, it investigates
the requirements and outcomes of adillah."118
Ibn Taymiyyah's refutation of the statement of those who said that
[texts] do not make up one tenth of the Sharee'ah: "this is wrong.
The correct opinion which the majority of Muslim scholars adopt
is that the texts satisfy the majority of rulings regarding people's
actions. Some of them say that it satisfies all that, but those who
deny this do not seem to comprehend the general meanings of
Allah's statements and those of His Messenger. Nor do they seem
to understand their comprehensiveness of the rulings concerning
people's actions. For Almighty Allah sent Muhammad (may
Allah's peace and blessings be upon him) with the ability to
Al-Muwwaafaqaat, 2/21.
Ibid., 3/298.
116 Ibid., 3/10.
117 Ibid., 3/298.
118Ibid., 3/209.
114
115
88 Al-Adl (33)
produce eloquent, comprehensive words. He used comprehensive

words which represent universal rulesTherefore, texts do
actually cover rulings relating to people's actions."119
In another context, he terms this universal principle 'al-ma'qool assareeh or al-qiyaas as-saheeh' which is equivalent to the text: "AlQiyaas as-saheeh (authentic analogical reasoning) constitutes
justice, for it equates things that are identical and differentiates
between those that are distinct; and the proof furnished by alqiyaas as-saheeh corresponds with that of the text; for any
analogical reasoning which contradicts the text is invalid. There is
no text that contradicts sound analogical reasoning, nor is there a
ma'qool sareeh (explicit reasoning) that contradicts authentic
texts."120
The Universal Legal Daleel in the Statements of Present-Day Scholars
Present-day scholars and researchers have approached the term
'universal legal daleel' by using superficially dissimilar words and
expressions which are in actual fact in agreement with or at least closely
related in meaning. In fact, they referred to it as ijtihaad in the absence of the
textual evidence in the Qur'an or the Sunnah121, al-ijtihaad al-maslahee
(beneficial ijtihaad)122; qiyaas al-ma'aanee 123(analogical reasoning of intents);
i'tibaar al-maqaasid al-qareebah wal-ba'eedah124 (consideration of immediate
and distant benefits; ajnaas al-ahkaam125 (genera of rulings); istihsaan adhdharoorah wal-'urf 126(preference of necessary and custom); al-ma'naa al-kullee
wallmafhoom al-mushtarak127 (universal intent and common understanding);
Ibn Taymiyyah, Al-Fataawaa, 19/208.

Ibid., 19/288.
121 Ra'yu Al-Usooliyyeen Fee Al-Maslahah Al-Mursalah Wal-Istihsaan, p. 194, as has been
quoted by Ash-Shanqeetee in his book Al-Wasfu Al-Munaasibu Li Shar'I Al-Hukm, p.
303.
122 Ibid.
123Al-Istislaah 'inda Ibn Taymiyyah, pp. 182-3.
124 Maqaasid Ibn 'Aashoor, p. 108.
125 Ibid., p. 105.
126 Maqaasid Ibn 'Aashoor, 105.
127 Al-Yoobee, Mawaasid Ash-Sharee'ah, 485ff; Husain Hassaan, Nadhariyyat Al-Maslahah,
p. 20; Al-Istislaah 'Inda Ibn Taymiyyah, p. 204.
119
120
89 Al-Adl (33)
al-kulliyyaat al-istiqraa'iyyah128 (inductive universals); istidlaal (deduction); almaslahah al-mursalah (public interests of the greater good)129; al-qawaa'id alkulliyyah (universal rules); al-asl al-kullee130 (universal fundamental); al-ajnaas
al-'aaliyah (sublime genera) and different other appellations and
expressions.131
Indeed, the appellations furnished by present-day researchers and
scholars with regard to the universal legal daleel are numerous. They are
expounded in their books, research papers and articles, and they are
commonly used in their gatherings, symposia and discussions, hence the
important position of this type of daleel and its role in understanding,
istinbaat and tarjeeh. These appellations also bring into view the position of
al-maqaasid al-istiqraaiyyah (inductive goals and objectives of the Sharee'ah)
and their role in tackling present-day issues through the processes of idraaj,
haml and qiyaas.
Of all these numerous statements, we are going to cite a few of them
with a view to gaining more assurances and satisfaction, activating it and
establishing it in the present time as well as researching its problems and
occurrences.
Al-maslahah al-mursalah (public interests of the greater good) 132 is the
interest that is based on the appropriate mursal (greater good),
which is the appropriate description of the goals and objectives
which are devoid of a specific proof indicating consideration of the
validity of basing rulings on it, or indicating otherwise. Allah knows
best.133
[Al-masaalih] al-mursalah does not constitute analogical reasoning,
for analogical reasoning is a specific fundamental, while these are
Milood Farroojee, Minhaaj Fahm Al-Kitaab Was-Sunnah, p. 105.
Maslahah mursalah (plural: al masaalih al mursalah): A consideration which is proper
and harmonious with the objectives of the Lawgiver; it secures a benefit or prevents a
harm, but the Sharee'ah provides no indication as to its validity or otherwise. For
example, the Companions decided to issue currency, to establish prisons, and to
impose a tax on agricultural lands despite the fact that no textual authority could be
found for these measures. (Translator's Note)
130 Al-Wasf Al-Munaasib Li Shar' Al-Hukm, p. 252.
131 For further details, see Shalabee, Ta'leel Al-Ahkaam and Ar-Rabee'ah, Adillat AtTashree'.
132 See definition above.
133 Al-Wasf Al-Munaasib Li Shar' Al-Hukm, p. 251.
128
129
90 Al-Adl (33)
recognised not only by one single proof (daleel) but with numerous
proofs from the Qur'an, the Sunnah, concomitants and the
differentiation of signs. That is why it is called maslahah mursalah.134
By inducting the sources and references of the Sharee'ah, we find
that it places the genus of the consideration of benefits into the
genus of rulings in general.135
Authority of the Universal Legal Daleel
The expressions 'authority', 'wisdom' or 'reality' of the universal legal
daleel are all related to the position of this daleel and its role in the processes
of istinbaat and ijtihaad and its function in bringing about rulings, legal
verdicts and solutions to issues related to real life situations. The question
that arises here is, can we consider this daleel one of the sources of
jurisprudence and a path of istinbaat?
This question and its answer and the provision of evidence for its
support is common in the legal and usool136 studies; for it is the general
practice of the usooliyyoon to present the binding proof and authority of
such-and-such term, display its proofs, and respond to objections and
refutations directed to it, putting forth arguments by analogy with it and
other established and well known practices in this respect.
In fact, part of this issue has been discussed in the present paper, but
this discussion that does not rise to the level of sufficient clarification as to
raising this question and responding to it and establishing the position of
this legal daleel and the role it plays in the processes of istinbaat and ijtihaad.
Past and present scholars are generally agreed on what is known as
'umoom al-adillah ash-shar'iyyah (generality of the legal proofs), al-qawaa'id al'aammah lish-sharee'ah (general rules of the Sharee'ah) and al-khasaa'is alkubraa lil-Islaam (salient characteristics of Islam). They are also agreed that
these terms ought to be taken into consideration in the religion of Almighty
Allah and in the process of deriving rules (istinbaat), deciding on the most
preponderant ones (tarjeeh) as well as in implementing and activating them.
They also decide that these terms are extractions of the various proofs of
the Sharee'ah, the details of its instructions and guidance, the ramifications
of its rulings, 'ilal137 and wisdom, the various inferences, intents and signs,
Asaas Al-Qiyaas, p. 98.
AbdulKareem An-Namlah, Ithaaf Dhawee Al-Basaa'ir, 7/229.
136 This refers to the fundamentals of Islamic jurisprudence. (Translator's Note
137 Plural of 'illah.
134
135
91 Al-Adl (33)
and every ruling that is apparent, succinct, general and absolute, and
whatever contributes to the formulation and creation of these terms.
They also determine that that these terms have numerous appellations
and expressions that are generally and largely in agreement or at least
closely related, and this is due to the difference in understanding and
scholarship among scholars, jurists and mujtahidoon138. They also attribute
this to the multiplicity of paths of istinbaat and the wider scope of
observation and deduction (istidlaal), the vast domains of life, the wide
variety of its issues, the growing number of incidents, and similar matters.
These learned scholars have proved the authority and binding proof of
this daleel and demonstrated the validity in matters relating to istinbaat and
tadleel (establishing evidence). All these proofs have been grouped under
what is commonly known as al-manqool wal-ma'qool (the text and the
intellect), or adillat an-nass wal-ijmaa' wa kalaam assalaf wal-khalaf (the
evidence of the text, ijmaa', and the statements of the ancestors and the
successors), shawaahid al-hiss wal-waaqi' (proofs of intuition and real life),
qawaa'id al-'aql wal-mantiq (rules of the intellect and logic), and many other
expressions.
In view of that, it has become unquestionable that the universal legal
daleel is generally a legal rule and guide and a religious fundamental
whereby rulings are identified, solutions are found and choices and
opinions become preponderant.
The existing difference among Muslim scholars and researchers,
however, is related to the degree of this presupposition and approbation;
that is, it is related to the degree of its cogency in the processes of istinbaat
and tadleel. This is known among these scholars and researchers as the
oscillation of the authority of this daleel between being described as qat'ee
(definitive) and dhannee (speculative). This means that this daleel can be
described as qat'ee and dhannee according to some scholars and as highly
dhannee and preponderant according to others. This difference in authority
is attributed to the foundation upon which this daleel has been based. It is
well known that this daleel has been founded on istiqraa'; that is, it has been
extracted through the investigation of its particular instances, branches and
premises. It is also well known that scholars are not agreed as to the
138
Mujtahidoon (singular: mujtahid): those who exercise ijtihaad. (Translator's Note)
92 Al-Adl (33)
authority of istiqraa' and have considered it as being dhannee and qat'ee

depending on its comprehensiveness of the most or all of the particular
instances investigated, or only some of them. Whatever they decide is
applied to the universal legal daleel as being a consequence founded on
istiqraa' and extracted from it. Therefore, those who maintain that istiqraa' is
qat'ee (definitive) also maintain that the universal legal daleel is also
definitive, whereas those who hold that istiqraa' is dhannee (speculative) also
hold that this daleel is also speculative.
Cause of Difference as to the Universal Legal Daleel Being Qat'ee or
Dhannee
The difference as to whether the universal legal daleel is qat'ee or
dhannee is attributed to the main cause of difference, namely, whether
istiqraa' itself is definitive or speculative. We have already mentioned that
istiqraa' naaqis (imperfect induction) implies authoritativeness according to
some scholars such as imaam Ash-Ashaatibe, but implies otherwise
according to others.139
In fact, the difference regarding the authority of istiqraa' naaqis pertain
to the number of the particular instances investigated and to their nature
and the considerations and circumstances surrounding them and through
which the universal rules extracted through istiqraa' and investigation are
determined.
Some scholars stipulate that all particular instances must be
investigated; some others do not make such stipulation and confine
themselves to only some of them in order to extract an acceptable and
significant outcome. Al-Husainee said, "The outcome of investigation to
which istiqraa' eventually leads varies according to the different proofs
investigated and according to the establishment of objections to the proofs
of istiqraa'. Indeed, this difference influences the degree of the cogency or
weakness of knowledge of any of the goals and objectives of the Sharee'ah.
Therefore, the certainty of knowledge of any of the goals and objectives of
the Sharee'ah is subject to a number of things, including the degree of the
observer's engagement in the process of istiqraa' as to the conduct of the
Sharee'ah."140
139
140
See the section titled "Authority of Istiqraa'" in this paper.

Nadhariyyat Al-Maqaasid 'Inda Ibn 'Aashootr, pp. 359-360.
93 Al-Adl (33)
Dr. Abdul-Majeed An-Najjaar mentioned that the goals and objectives

of the Sharee'ah (i.e. maqaasid) divide into three spheres, as has been ascribed
to Sheikh Muhammad At-Taahir ibn 'Aashoor. These spheres are as follows:
First Sphere: This comprises whatever "serves to safeguard the
Ummah's system and perpetuate its goodness following the goodness of the
species controlling it, namely, the human species."141
Second Sphere: This comprises the five basic human maqaasid, namely,
religion, life, reason, reproduction and property.
Third Sphere: This includes the maqaasid known as ilal al-ahkaam142. In
fact, these maqaasid are not in the same level of manifestation and clarity as
the rulings themselves. For they are disproportionate and occupy different
levels depending on the previously mentioned spheres. They increase in
prominence and clarity in the first sphere until they are classified as qat'ee,
then they go down in the second sphere until they become classified as
dhannee. With regard to certain rulings, however, they actually reach the
level of concealment as to divine knowledge relating to the Supreme Being
of Almighty Allah, as is the case in some rulings relating to acts of
worship.143
The Preponderant Ruling as to the Authority of the Universal Legal
Daleel
The preponderant opinion in this connection is that the universal legal
daleel constitutes legal authority and a binding proof which is dependable in
identifying legal rulings and engaging in the processes of ijtihaad, qiyaas and
tarjeeh.
The reason for this superiority in weight is due to the legal reality of this
daleel itself. For it has been established beyond any doubt that it has been
extracted from numerous legal cases, particular instances and data. In
addition, it is regulated by its constraints and conditions, and thus gives the
researcher, observer and the expert scholar who conducts istiqraa' every
reason to believe that it is to be dependable and to be absolutely certain that
it also definitive.
Even though its authority oscillates between being definitive and
speculative, it entails approval, activation and application. For the
See Authority of Istiqraa' in this paper.
This means the rationale behind legal rulings; i.e. the common underlying reason
behind them. (Translator's Note)
143 Dr. An-Najjaar, Fusool Fee Al-Fikr Al-Islaamee Bil-Maghrib, p. 140.
141
142
94 Al-Adl (33)
predominant state of qat' or dhann denote that and lead to it. In fact,
speculative (dhannee) rulings are valid and undisputed; likewise, the
prevalent definitive (qat'ee) rulings are valid and unquestionable. Scholars,
past and present, have established that high probability and predominance
of speculation is to be adopted in jurisprudence, independent reasoning and
the fundamentals of Islamic jurisprudence. Had it not been for this
predominance of speculation, analogical reasoning, aahaad reports144 and the
process of extracting laws would not have been approved, branches and
rulings would not have branched out from these fundamentals and the
aspects, occurrences and phenomena characterizing life in each period
would not have become known.
Preponderance of speculation can be ascribed to a number of things
including the following:
The multiplicity of particular instances and data investigated, for
the universal legal daleel (evidence) has been extracted from the
totality of these particular instances, cases and data inducted.
Religious texts and unanimous agreements among scholars give
support to the universal legal daleel , especially if such a daleel has
been extracted through the investigation of a small number of
particular instances; in which case its authority and weight diminish
in cogency.
The qualified scholar who conducts istiqraa' feels satisfied and at
ease about the rules he has managed to extract after the effort,
energy and endurance he put in to reach this goal. In this case, the
mujtahid is in a win-win situation all around, for he will be
rewarded whether he is successful or otherwise in his efforts.
Activating legal rulings in real life situations; the necessity of
solving people's problems, providing answers to their queries and
furnishing them with legal alternatives; blocking the way in the face
of self-styled scholars who attempt to effect changes in the Religion
of Allah by perverting words form their proper places in religious
texts and taking in exchange that which is superior to that which is
A prophetic report categorized as khabar al-Aahaad is that whose narrators do not
reach anywhere near the number for miutawaatir. The latter refers to the hadeeth
reported by a large number of narrators whose agreement upon a lie is inconceivable.
(Translator's Note)
144
95 Al-Adl (33)
inferior, claiming that religious texts are limited and advancing as

an excuse what they term "legal vacancy zone" and "forgiveness
zone" with a view to realizing their evil ends. It is for this reason
that the activation and implementation of the universal legal daleel
becomes necessary to frustrate their evil intentions.
The Inductive Goals and Objectives of the Sharee'ah and the Universal
Legal Daleel
Information as to the universal legal daleel explained above aims at
clarifying the following two points:
To clarify the reality of the universal legal daleel and reveal its
position and role in the processes of ijtihaad and istinbaat
To show that the inductive goals and objectives of the Sharee'ah
(al-maqaasid al-istiqraa'iyyah) is a form of the universal legal daleel.
In other words, the inductive goals and objectives of the
Sharee'ah are considered a universal legal dalel from the totality of
the universal legal proofs. This also means that the universal
legal proof (daleel) comprises the juristic rule, the regulation
governing jurisprudence, the fundamental law and the rule
relating to the goals and objectives of the Sharee'ah, the universal
consensus (ijmaa' kullee)145 and the Islamic principle (al-mabda'alislaamee).
Therefore, what has been stated concerning the universal legal daleel
can also be stated about the inductive goals and objectives of the
Sharee'ah as to their definition, authority, establishing evidence,
conducting analogical reasoning and such similar matters. This is
established upon the existing relationship between the universal legal
daleel and the inductive goals and objectives of the Sharee'ah. For the
relationship between them is like the relationship of the part to the
whole, or that of the branch to the fundamental. The universal daleel
embraces the juristic and fundamental rule related to the goals and
The sect known as Dhaahiriyyah divides ijmaa' into the following groups: ijmaa' khaass
(specific consensus), ijmaa' juz'ee (partial consensus), ijmaa' sareeh (explicit consensus),
ijmaa''Aamm (general consensus), ijmaa' kullee (universal consensus) and ijmaa'
dhimnee (implicit consensus). See Ad-Daleel ;Inda Adh-Dhaahiriyyah, p. 280ff.
145
96 Al-Adl (33)
objectives of the Sharee'ah and thus the al-maqaasid istiqraa'iyyah

constitute a universal legal daleel.
Consequently, al-maqaasid istiqraa'iyyah are but universal extractions
of the ultimate goals and objectives of the Sharee'ah which are brought
about through the investigation of all or most of the particular instances
relating to these maqaasid (goals and objectives).
It is for this reason that scholars and researchers assert that the
inductive goals and objectives of the Sharee'ah (maqaasid) are to be
considered, approved and used as binding proofs. Dr, Ahmad ArRisoonee writes, "Al-maqaasid al-istiqraa'yyah are characterized by being
definitive. As we have seen a short while ago, Ash-Shaatibee stresses the
fact that istiqraa' is certainly definitive whether it is classified as taamm
(perfect) or naaqis (imperfect), ignoring in this way the frequently stated
statement amongst usooliyyoon and logicians that istiqraa' naaqis
(imperfect induction) implies qat' (state of being definitive) and not
knowledge, following in this way the Aristotelian logic."146
In Nahwa Taf'eel Maqaasid Ash-Sharee'ah147, we read, "Sheikh Shamsud-Deen believes that the fundamental task to carry out in order to
solve the problem of the limitation of texts and non-limitation of
occurrences is to go back to two levels of the fundamentals of the
Sharee'ah which deserve further examination and revision, namely,
The juristic principles, a number of which are included in every

individual juristic section
The ultimate proofs that represent a higher position than that of

juristic principles, by not considering them confined to specific
juristic section, but rather involve all human activities except
for acts of worship, in his view, and these proofs constitute the
ultimate goals and objectives of the Sharee'ah."148
Nadhariyyat Al-Maqqasid 'Inda Ash-Shaatibee, p. 288.

This title stands for Towards the Activation of the Goals and Objectives of the Sharee'ah.
(Translator's Note)
148 Ibid., pp. 190-1.
146
147
97 Al-Adl (33)
Milood farroojee writes, "Therefore, al-maqaasid al-istiqraa'iyyah

(inductive goals and objectives of the Sharee'ah) are characterized by
being definitive."149
Ismaa'eel Al-Husainee also mentioned that istiqraa' aims at
establishing evidence as to whatever is definitive or anything close to
that.150
Minhaaj Fahm Al-Kitaanb Was_Sunnah, p. 103.

Nadhariyyat Al-Maqaasid 'Inda Ibn 'Aashoor, p. 357. It is worth mentioning here that the
type of istiqraa' the researcher refers to includes induction in the domain of the
ultimate goals and objectives of the Sharee'ah as well as other domains.
149
150
98 Al-Adl (33)
Regulations Governing the Inductive

Goals and Objectives of the Sharee'ah
It is well known that the inductive process in general and the
inductive goals and objectives of the Sharee'ah in particular are founded
on three components, namely, the person carrying out istiqraa', the
particular instances investigated and the inductive outcomes.
Clarification of the regulations governing the goals and objectives of the
Sharee'ah are dependent on clarification of the regulations governing
these three components. What are these regulations then?
Regulations Governing the Person Carrying out Istiqraa'
The person who engages in carrying out istiqraa' (mustaqri') is the
person who investigates the particular instances with a view to
extracting the goals and objectives of the Sharee'ah (al-maqaasid alistiqraa'iyyah). The mustaqri' ought to meet the same conditions a
mujtahid ought to satisfy in general. Added to these conditions is
whatever is related to the inductive effort and whatever is related to the
general circumstances of the existing era.
Conditions that a mujtahid ought to satisfy have been mentioned by
past and present scholars. In fact, they pertain to a number of sciences
including naqliyyah151 sciences (i.e. sciences pertaining to revealed texts),
rational sciences152 and the psychological state153 the mujtahid must have
with the aim of engaging in independent reasoning and analytical
thought in the best legal manner possible and to the best of his ability.
These include knowledge of the Noble Qur'an, the Sunnah, controversial issues, issues
agreed upon by Muslim scholars, knowledge of the Arabic language, and reports of
the Prophet's companions and their successors (may Allah be pleased with them).
152 These include analogical reasoning, justifications of views, establishing preponderant
views, and understanding of the existing circumstances.
153 This refers to the piety and righteousness of the mujtahid inwardly and outwardly.
151
99 Al-Adl (33)
As for the conditions of the inductive work154, these particularly

pertain to the particular instances investigated as to their quantity,
nature, the ability to engage in observation and exactitude, awareness of
logical and deductive reasoning, the ability to identify counter
arguments and objections as well as their refutations and comments on
them, and similar issues.
As for the conditions pertaining to the existing era, these refer to the
era's circumstances, salient features, developments and sciences. They
also include the call to conduct collective reasoning and analytical
thought, its individualization and organization. The implication here is
that the inductive reasoning ought to be founded upon collective efforts
whereby scholars and legal researchers cooperate with one another and
seek the assistance of scholars and researchers specializing in the
epistemological domains pertaining to inductive outcomes in the area of
the goals and objectives of the Sharee'ah.
In fact, this collective effort ought to be exercised in academies,
universities with science and Sharee'ah departments, juristic bodies,
research institutions and bodies and websites concerned with issuing
legal verdicts. A salient characteristic of this collective effort is the
profound knowledge of the existing era and its general conditions and
circumstances.
Human cloning is a good example and a case in point. It may be
erroneously claimed that human cloning is to be classified as belonging
to the basic human interest of saving human life and protecting it
against harm and destruction. In fact, if human cloning was approved
and considered as one of the objectives of saving human life, as it is
claimed, human life would certainly be lost, as well as its dignity and
right to safety, security and health.
Indeed, the ultimate goal and objective, namely that of protecting
human life, is one of the inductive goals and objectives of the Sharee'ah
which have been established by scholars through the investigation of its
numerous particular instances related to religious texts that clearly
The inductive process may be a form of rational work and a form of the work related
to the revealed texts, depending on whatever it is related to as well as its
circumstances.
154
100 Al-Adl (33)
prohibit the killing of human life, causing corruption on earth and

causing harm to others, and which call to saving human life, preserving
the species, prevention, treatment and many other things.
This maqsad (Sharee'ah's goals and objective) has been applied to the
issue of human cloning through the expert assistance of biologists and
scientists in the filed of genetic engineering who have demonstrated the
dangers human cloning is bound to trigger off as well as its detrimental
effects on human life, human health and the safety and dignity of
human beings.
This example evidently points out to the importance of satisfying the
condition of being aware of the general conditions and circumstances of
the existing era. For had jurists and mujtahidoon not been knowledgeable
about human cloning, its hazardous outcomes and harmful effects
through knowledge gained from present-day scientists in the fields of
biology and genetic engineering, they would not have been able to issue
a fatwa prohibiting human cloning, preventing its occurrence and
supporting intolerance to anything related to it.
101 Al-Adl (33)
Regulations Governing Particular

Instances Investigated
The particular instances investigated refer to the totality of
particulars pertaining to the ultimate goals and objectives of the
Sharee'ah, from which al-maqqasid al-istiqraa'iyyah are derived.155 The
particular instances investigated ought to be governed by a number of
regulations and constraints, including the following:
First Regulation
These particular instances ought to be Islamic and related to the
Sharee'ah. That is, they have to conform to the Sharee'ah and not
contradict it in the least. For when the particular instances contradict the
Sharee'ah, the ultimate result will be a contradiction of its ultimate goal
and objective, as the goal and objective of the Sharee'ah actually
represents the universal rule extracted from the particular instances and
upon which it is founded. Therefore, it will certainly be affected by the
nature of such particular instances.
It is well known that the goals and objectives of the Sharee'ah
investigated are of two types:
1. Those that pertain to the legal proofs and rulings and the
rationale behind these rulings
2. Those that pertain to occurrences, customs and human
experiences and everyday circumstances
With regard to the first type, the mustaqri' must rely on the legal
proofs and rulings and the underlying causes of these rulings; in
addition, these proofs and rulings must be authentic, acceptable and
definitive or more or less definitive. He must observe them in their
entirety without confining himself to a particular instance and without
arbitrariness. Furthermore, he must coordinate between them, decide
See the Domains of the Inductive Goals and Objectives of the Sharee'ah in the present
paper.
155
102 Al-Adl (33)
their validity or otherwise to extract the inductive goal and objective,

according to the type of objection or hindrance that crop up.
The second type is concerned with the human occurrences and
customs and everyday developments in general. Indeed, these constitute
important data that help extract a universal rule related to the inductive
goals and objectives of the Sharee'ah. An example for this is the
investigation of human conditions such as the menstruation and
postpartum periods, menopause, the age of maturity and the
exploration of the season in which fruits ripen, and other things. In fact,
observing these conditions paves the way for establishing some
universal rules and principles, such as the principle that the
menstruation period in such-and-such a country lasts for five days. This
principle can be utilized in implementing the goal and objective (maqsad)
of ease and relaxation of laws with regard to the mustahaadhah156 and the
young woman who goes through her first menstruation and does not
know about the duration of her period.
These cases, which are not regulated, call for the application of the
aforementioned menstruation period with a view to realizing the
principle of ease and relaxation of laws as to women with such cases.
Taking local customs and circumstances into account is conditional
upon conformity with the dictates of the Sharee'ah. Therefore, it is not
permissible, for instance, to advocate leniency towards those who take
bribes, using the pretext that most of the people in such-and-such a
country deal with corruption and that one of the goals and objectives of
the Sharee'ah is leniency, ease and consideration of local customs and
conditions. Therefore, investigating the various and prevailing cases of
corruption should not lead to the implementation of the general
principle of ease and relaxation of law because such particular instances,
conditions and practices actually contradict the Sharee'ah teachings.
Thus, the particular instances and data must not be employed to extract
a general rule from them. This is detailed under what is commonly
known as the conditions of taking local customs into account.
mustahaadhah is a woman who has an issue of blood independent of the menses or of
the cleanings after parturition. (Translator's Note)
156
103 Al-Adl (33)
Second Regulation
The second regulation is that the amount of the particular instances
investigated must be complete and sufficient enough to reach the level
of high probability and certainty. This amount, however, varies in
quantity and quality depending on the amount of the legal proofs and
rulings available to the mujtahid as well as the various objections157 to
them, interpretations, revisions and the circumstances surrounding
them. That is why we mentioned earlier158 that the more numerous the
particular instances to be investigated are or the more they are
supported with religious texts and consensusesalbeit small in number,
the more definitive and authoritative istiqraa' becomes.
Abdur-Rahmaan Al-Maidaanee mentioned that probing and distribution constitute a

path (maslak) of finding about the rational behind things. The condition for probing is
that it has to be limited and the condition for distribution is that it has to be accurate.
The way adopted in probing and distribution is based on the intellectual repetition
between all possibilities, dropping the ones that are not sound to justify things by
using the evidence and confine the rationale behind them to whatever is left of them.
For more information on this issue, see Dhawaabit Al-Ma'rifah, pp. 225-6.
158 See the section titled 'Authority of Istiqraa' in this paper.
157
104 Al-Adl (33)
Regulations Governing
Inductive Outcomes
The inductive outcomes are the universal rules and laws extracted
after observing and investigating the particular instances investigated.
Such outcomes are known in the domain of the goals and objectives of
the Sharee'ah as al-maqaasid al-istiqraa'iyyah (i.e. the inductive goals and
objectives of the Sharee'ah). These goals and objectives have regulations
and constraints, which are bound to convince the researcher and the
observer of the important position of these goals and objectives and the
importance of relying on them and employing them in finding Islamic
legal solutions to the various issues of the universe, life and human
problems and circumstances. These regulations and constraints are as
follows:
First Regulation
The inductive goals and objectives of the Sharee'ah ought to be legal
and governed by the dictates of the Sharee'ah. They have to confirm with
the principle of worshipping Allah alone and completely submitting to
His Will and Rule as well as with the paradigm of the Islamic
obligations established by the noble revelation and the authentic
reasoning and analytical thought.
Second regulation
The inductive goals and objectives of the Sharee'ah ought to be
rational159 and realistic; that is, they have to be approved by sound
human minds. They also ought to respond to the needs of real life
Rationality of the inductive goals and objectives of the Sharee'ah have been mentioned
by Muslim scholars under what is termed al-munaasabah (suitability) and al-wasf almunaasib (suitable description), which is acceptable to the intellect and approved by it.
Abu Zayd Ad-Dappoosee said, "Al-Munaasib is the one that is acceptable to the mind
when it is presented to it." See Ihkaam Al-Aamidee, 2/270; Ibn Al-Haajib, Ail-Muntahaa,
p. 182. In fact, al-munaasabah is considered one of the paths of the inductive goals and
objectives of the Sharee'ah. For further details concerning this point, see Al-Munaasabah
Ash-Shar'iyyah Wa Tatbeeqaatuhaa Al-Mu'aasirah, by the present author, p. 266ff.
159
105 Al-Adl (33)
situations as well as the genuine and sound human needs. By minds

here are meant sound minds; that is, those ones that are based on the
pure nature, or fitrah, and which are not tainted by blemishes of time,
space and circumstances. They are still pristine in that they are inclined
to accept all that is good and prove beneficial with regard to all
developments. Therefore, an inductive goal and objective, such as
safeguarding one's honour and establishing freedom, is favourably
accepted by a sound mind because it has a propensity for loving virtue,
decency and good moral character and hating perversion, adultery and
sexual harassment. It also has a natural predisposition to love freedom
and hate injustice and aggression.
On the other hand, the mind which is tainted with blemishes of
perversion, that is, unnatural and not any more in the same condition as
when it was first created, has criteria that are disturbed and flawed, thus
making it impossible to judge things properly and derive and select the
best solutions and outcomes.160
By sound mind, therefore, is meant the sound mind that responds to
the dictates of the fitrah, be it the mind of the mijtahid who carries out
istiqraa' and thus extracts the inductive goals and objectives of the
Sharee'ah, or that of the generality of Muslims who favourably accept
these goals and objectives.
In fact, the conformity of this sound mind with the inductive goals
and objectives of the Sharee'ah is essentially based on the characteristic of
innovative perfection in the universe; it is also founded on the
agreement of the universal system with the legal revelations in terms of
creation and the ultimate end. In fact, the cosmic system was created by
Almighty Allah, and the legal divine laws have been legislated by
Almighty Allah as well; and both of them endeavour to attain the same
The best case in point in our present century is that the western mind has reached, at
various stages, a high degree of deviation from morals, a state of affairs which has
made people consider decency and modesty as a form of odd character and moral
decadence as a accepted and favorable and civilized practice. This is a clear indication
that the deviant mind is not fit to infer an inductive goal or objective, let alone judging
it and supporting it; for it has no good in it, nor does it bring any good.
160
106 Al-Adl (33)
goal, namely, to realize worship of Allah alone and to reform the created
beings in this life and in the hereafter.
Third Regulation
The inductive goals and objectives of the Sharee'ah embrace ultimate
public interests in that they endeavour to realise all genuine benefits and
avoid all possible evils in this life and in the hereafter.
Public interests here are judged by the criteria of the Sharee'ah and
determined in the light of its conclusive evidence and in accordance
with its teachings and rulings. That is, the benefits to be realized and the
evils to be averted must be governed by the noble teachings of the
Sharee'ah and must not follow the dictates of personal whims and desires
or satanic whisperings.
It is well known that the goals and objectives of the Sharee'ah are to
meet a number of conditions which have been set by past and present
scholars. These conditions are as follows:
They have to be definitive and genuine. Speculative, fallacious or

those ones with less in their favour are not to be dependable. By
the same token, any inductive goal and objective of the Sharee'ah
which is fallacious, cancelled or has less in its favour, is not to be
relied on at all. An example of this is the complete equality
between males and females or protecting region by practising
innovations in religion. In fact, such goals and objectives are
fallacious and unacceptable.
They have to be general and universal. Partial or particular

interests are not to be accepted if they contradict the general and
universal ones in any way.
They ought to be predominant; and thus the insignificant ones

are to be rejected unless there is a daleel that lends support to
them.
107 Al-Adl (33)
They ought to be better and have a priority over other ones. In

fact, this in known as 'giving priority to the more important over
the important, the more general over the general, the more
general over the particular, the definitive over the speculative
and the speculative over the probable', and so on. 161
For more details on these regulations, see Al-Ijtihaad Al-Maqaasidee, 2/119ff and Fusool
Fil-Fikr Al-Islaamee, p. 150.
161
108 Al-Adl (33)

The Inductive Goals and Objectives of The Sharee'ah

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The Inductive Goals and

Objectives of the Sharee'ah1:

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee2

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Usool-ul-Fiqh refers to the principles of Islamic jurisprudence; the methodology of

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

discussed explicitly or implicitly and whether they are mentioned in

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

ruling relating to them."8 In his book Mi'yaar Al-'Ilm, he defined

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Dr. Ismaa'eel Al-Husainee defined it in the following way, "It is a

Nadhariyyat Al-Maqaasid 'Inda Al-Imaam Muhammad At-Taahir ibn 'Aashoor, p. 435.

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

The phrase 'particular instances' refers to the totality of

This translates as deciding on the preponderant opinion. (Translator's Note)

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

instances, most of them or only some of them depending on the two

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

the aim of establishing the outcome of induction, or what we called

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Al-Minhaaj Bi Sharh Al-Asfahaanee, 2/759.

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Istiqraa' Naaqis is employed in the fields of mathematics, natural

Hasan Al-Maidaanee, Dhawaabit Al-Ma;rifah Wa Usool Al-Istidlaal WalMunaadharah, pp. 195-6.

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Sharh Al-Asfahaanee Lil-Minhaaj, 2/760.

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

ruling concerning such particular instances is found, this ruling is used

Mi'yaar Al-'Ilm Fee Fann Al-Mantiq, p. 115.

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Principles of chemistry, medicine, mathematics, astronomy and

Al-Baajee, Al-Muntaqee, 1/53.

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

confirmed principles(qat'iyyaat) as well as other principles and rules

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Reality of the Inductive Goals and Objectives

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

even if is too insignificant to be noticed, and that every evil must

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

themselves against such shameful practices by fasting, observing

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Third Example: Abhorring Divorce

Surat An-Nisaa', 4:19

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Surat An-Noor, 24:33.

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

scholars include Ash-Shaatibee, Ibn Taymiyyah, Al-Ghazaalee and Ibn

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

The meaning of the term "tasarrufaat ash-sharee'ah" as Ibn 'Aashoor

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

(selling foodstuffs randomly without measuring it), and we understand

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Maqqasid Ash-Sharee'ah, p. 21.

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee

Authority of the Inductive Goals and

Al-'Uddah Fee Usool Al-Fiqh, 1/131-2.

Dr. Noor-ud-Deen ibn Mukhtaar Al-Khadimee