Adjudication by Purpose: The Operational Role of Maqāṣid Al-Sharī’ah in Islamic Judicial Procedure

Abstract

The purpose of this paper is to analyse the application and relevance of the Objectives of Sharīʿah (Maqāṣid al-Sharīʿah) in Islamic adjudication and its procedures. The Objectives of Shari'ah elucidate the purposes and meanings behind its injunctions. Allah created mankind for the purpose of worshipping Him and following His directives. Adjudication is also an act of worshipping Allah Ta'āla. The commands of Allah are intended for easy application by mankind, a principle that extends to both the substantive and procedural provisions of Islamic adjudication. The entirety of the law demonstrates Allah's justice and goodness towards mankind. These are demonstrated in all injunctions especially adjudication and its procedure. Maqāṣid al-Sharīʿah is classified into three grades: ḍarūriyyāt (necessities), hājiyyāt (complementaries), and taḥsīniyyāt (embellishments). The Islamic judiciary is central to the protection and promotion of the five necessities: religion, life, mind, progeny, and wealth.This protection is provided through both affirmative and punitive measures. Ḥājiyyāt are intended to prevent hardship and difficulty, and to facilitate the protection of the necessities. Several injunctions related to adjudication are aimed at preventing hardship for litigants and facilitating the protection of the five necessities. Taḥsīniyyāt refer to the adoption of good customs and etiquette, as well as the avoidance of that which a sound conscience deems foul. As the nucleus of the Islamic judicial system, a judge is expected to occupy the high moral ground in his appearance, conduct, and behaviour towards litigants. A judge is expected to take cognisance of all these purposes of the Sharī'ah while administering Islamic justice and resolving conflicts. This paper fills a critical gap in maqāṣid scholarship by moving beyond substantive law to examine the operational role of these objectives in judicial procedure. It demonstrates that the Islamic judiciary serves not merely as an enforcer of rules but as the primary institutional guardian of the Sharīʿah's higher purposes, providing judges with a practical framework for balancing competing interests, exercising discretion, and ensuring that procedural justice aligns with the law's ultimate aims.