The Historical Development of Maqasid al-Shariah: From Islamic Scholars to Contemporary Professors with Malaysia as a Reference

Abstract

Maqasid Al Shariah, the objectives of Islamic law, serves as a foundational ethical and legal framework rooted in Islamic civilisation and continually refined to meet changing societal conditions. This paper examines the historical development of Maqasid Al Shariah from the early Islamic period through the contributions of Islamic jurists and scholars, including Imam Al-Ghazali, Imam al-Shatibi, Shaykh Ibn Taymiyyah and Shaykh Ibn Ashur. The paper explores the objectives of justice, equity, human dignity, public welfare, freedom, and the prevention of harm, with particular emphasis on the protection of faith, life, intellect, lineage, and wealth. It further examines the adaptability of Maqasid Al Shariah across Muslim-majority and non-Muslim-majority countries, including Malaysia and the UK. The discussion considers its influence on Islamic finance, Islamic banking, and financial inclusion, demonstrating how ethical principles can promote equitable access to financial services, social welfare, and economic participation. The paper also examines Malaysia’s Maqasid-Shariah Framework, Scorecard, and Index, alongside cooperation between Malaysia and the UK. Maqasid Al Shariah provides a flexible and responsive framework connecting Islamic legal thought, justice and welfare with contemporary financial inclusion and sustainable economic development.