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Implementation of maqasid al-Shari'ah as


model of economic development and its role in
solving social problems in OIC countries
RESEARCH MAY 2015
DOI: 10.13140/RG.2.1.4067.4727

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Available from: Ahliddin Malikov


Retrieved on: 21 October 2015

IMPLEMENTATION OF MAQASID AL-SHARIAH AS A MODEL OF ECONOMIC


DEVELOPMENT AND ITS ROLE IN SOLVING SOCIAL PROBLEMS IN OIC
COUNTRIES

Ahlidin Malikov
BA (Hons) in Business Studies, London School of Commerce
Cardiff metropolitan University
SE1 1NX
Phone: +44 207 357 0077; Fax: +44 207 403 1163
E-mail: ahliddin.malikov@yahoo.com

Abstract
The lack of alternative economic systems to capitalism has led many economists to believe
that development is inherently linked to the modernization theory which suggests that
developing countries can modernize by undergoing westernization and secularization.
However, modern academics argue that development cannot be measured solely on the basis
of material dimensions since it is a multi-dimensional process. Recent practices of Muslim
countries including Malaysia have indicated that significant economic growth can be
achieved by applying re-introduced Islamic norms and values. This divergence from the
modernization theory creates a potential alternative development model that measures
economic development based on not only material but also intellectual and spiritual
dimensions. This paper is an attempt to investigate the importance of implementing Maqasid
al-Shariah as a model of economic development and its role in solving social problems such
as poverty and inequality in OIC countries. Descriptive qualitative research method was used
to assess various dimensions of maqasid al-Shariah including Hifz al-Din, Hifz al-Nafs, Hifz
al-Aql, Hifz al-Nasl and Hifz al-Mal.
Keywords: Maqasid Al-Shariah, Economic development, OIC countries

Table of Contents
1. Introduction ................................................................................................................................... 4
2. Defining Maqasid al Shariah ........................................................................................................ 5
2.1 Macro and micro dimensions of maqasid al-Shariah ................................................................... 5
3.

Maqasid al-Shariah as a paradigm of socio-economic development ........................................... 7

3.1 The three-stage development model ............................................................................................. 7


4.

Maqasid-based Public policy and its role in poverty alleviation .................................................. 9

4.1 Moral training and technical support for poverty elimination ........................................................ 9
4.2 Public finance for poverty elimination from the maqasid perspective.......................................... 10
4.2.1 The role of Waqf institutions in poverty alleviation in OIC countries. ...................................... 10
5.

Conclusion .............................................................................................................................. 11

References....................................................................................................................................... 12

1. Introduction
Limited economic resources relative to unlimited human wants have been one of the main
concerns of human societies for many centuries. Indeed, civilized societies have
developed various economic systems and ethical codes in order to govern the law of
scarcity. In this respect, neoclassical economics has grown to be the most widely taught
form of modern economics. Although neoclassical economists have built a number of
principles to understand the allocation of scarce resources among alternative ends, they
often fail to prioritise those resources in the pursuit of socio-economic goals. In other
words, central assumptions of neoclassical economics such as rational maximization and
market reasoning excessively focus on technical refinements at the expense of moral
purpose of economics (Tag El-Din 2013).
Prahalad (2005) contends that several billions of people living at the bottom of
the world economic pyramid with annual incomes under $1,500 - $2,000 can be a huge
market potentional for transnational corporations (TNCs) which aim at alleviating poverty
through inclusive capitalism 1 while creating economic benefits for themselves.
However, Lavin (2005) challanges the benevolence of this project arguing that a real
poverty fighter sees the next billion as those who need to be taken out of absolute
poverty whereas an IT executive sees next billion as the next wave of customers that
may emerge from developing countires. Furthermore, Schwittay (2011) argues that the
TNCs which are trying to enhance the capacity of the poor to use technology in order to
access new markets see all human beings as always already enterpreneurs. This
indicates that convential development paradigms and the interests and values that they
carry have been discredited and there is a need to repair the economic moral fabric of
contemporary society.
The increasing presence of Islamic economics as a social functioning institution
has put forward pertinent solutions for social problems such as poverty and income
inequality which were caused by the lack of moral values in the current economic system.
The combination of basic principles and objectives of Islamic economics form maqasid al
shariah which concentrates on a holistic approach of development facilitating the
transformation of society towards a sustained improvement of moral, spiritual and
material aspects of human life. This paper aims at investigating the importance of
implementing maqasid al shariah as a model of economic development to achieve
financial inclusion and mitigate social harm within a society. It also gives analytical
insight into maqasid-based public policy and its role in poverty elimination and the
reduction of inequality.

Inclusive capitalism is a model for development which focuses on stimulating both entrepreneurship (for
example through micro-financing) and extensive usage of IT in underdeveloped countries, as alternatives to
foreign aid.

2. Defining Maqasid al Shariah


As mentioned earlier, maqasid al Shariah denotes the underlying objectives and logical
basis of Shariah. The word maqasid is the plural form of maqsad which can be translated
as a directive destination or the straightness of a path. Shariah refers to a body of Islamic
teachings that comprise a set of norms, values and laws that govern all aspects of life 2.
Laldin (2013) further explains that all injunctions and prohibitions of Shariah are based
on the rationale of protecting human interests in this world and the hereafter. Therefore,
human beings can achieve prosperity by obeying the rules of Shariah that consist of
obligations and avoid hardships through shunning its prohibitions.
Imam al-Ghazalis illustration on maqasid al-Shariah is particularly notable as it
rightly argues that the well-being of all humankind is sustained by safeguarding their faith
(religion), human self (nafs), intellect (aql), progeny (nasl) and wealth (mal). However,
Asutay (2007) points out that the objectives of Shariah defined by al-Ghazali reflect
individual-oriented objectives without social connotations. In this regard, Ibn Qayyim
averred that a dynamic interpretation of maqasid al-Shariah must include not only the
protection (hifz) of above mentioned five factors but also more extensive measures that
ensure welfare including justice and equity. Thus, exploring maqasid al-Shariah from
various angles will help us tackle contemporary social issues such as poverty and
inequality that cannot be handled solely by Law-based approach (Siddiqi, 2004).
2.1 Macro and micro dimensions of maqasid al-Shariah
The principles of maqasid al-Shariah are designed to enhance the public interest
(maslaha) through creating balanced satisfaction for a diverse range of human needs. AlGhazali has defined maslaha as seeking of benefit and repelling of harm3. Similarly,
macro and micro dimensions of maqasid al-Shariah guide us how to set things rightly
and eliminate the corruption from all kinds of activity in the society. This corresponds to
the following verses of the Quran in which Allah (SWT) says O ye Children of Adam!
Whenever there come to you apostles from amongst you, rehearsing my signs unto you
those who are righteous and mend (their lives), - on them shall be no fear nor shall they
grieve (7:35) and Then remember the favours of Allah and do not commit abuse on the
earth, spreading corruption (7:74).
It is necessary to point out that the understanding of maqasid al-Shariah in ibadah
differs from its applicability in Muamalat issues. Ibadah are acts of ritual worship such as
prayer and fasting whereas Muamalat refers to a set of rules regarding worldly matters
such as business, trading and commercial transactions as well as borrowing and lending
contracts. The key distinction here is that ibadah are strictly not susceptible to
innovations (bidah) or changes. In muamalat, on the other hand, there is noticeably more
room to expand or amend the law in order to facilitate human interaction and promote
justice. Hence, muamalat requires more dynamic maqasid al-Shariah in order to
appreciate the needs and demands of the society (Mohammad and Shahwan, 2013).
Islamic banking and finance incorporates both macro and micro dimensions of maqasid
al-Shariah as it is based on a comprehensive ethics and moral values that stemmed from
2
3

Quran, 45:18
Kabir Hassan, Islamic Capital Markets: Products and Strategies pp.31-34

the Islamic religion. According to Ahmed (2011), the application of maqasid al-Shariah
in Islamic finance is mainly focused on the protection of wealth (hifz al-mal) among the
types of maslaha classified by al-Ghazali. Indeed, one of the key objectives of Islamic
finance is to mobilize and distribute resources fairly by allocating them from surplus
sectors to deficit sectors. Thus, it becomes evident that macro dimension of maqasid alShariah with respect to hifz al-mal is to achieve human well-being through facilitating
smooth and consistent circulation of wealth in the society.
It is important to mention that wealth in Islam is considered as Allahs bounty to
mankind and also a trust (amanah) for which He made people accountable temporarily.
Viewing from this perspective, Islam does not oppose the accumulation of wealth as long
as funds are wisely utilized, not misused, wasted or left idle. The only concern it puts
forward is the obsessive preoccupation in accumulating wealth that will cause the
amassing of immense capital in the hands of a few individuals. For that reason, there is a
compulsory charity (zakat) in Islam for the funds which are not in use. Being a mandatory
duty, zakat serves to reduce the amount of idle wealth and thus put it back into circulation
(Laldin, 2013).
On the other hand, micro dimension of maqasid al-Shariah is concerned with
certain issues in relation to individual financial transactions (Dusuki , 2009). More
specifically, it embraces several principles that aim to facilitate the realization of
maslahah by eliminating harm in commercial and financial transactions. As noted by
Lewis (2014), transparency and fairness are of the essence while conducting Islamic
financial activities since they constitute the main principles of Shariah to protect the
parties against exploitation or correct imbalance between their reciprocal rights and
obligations. Transparency means that all financial transactions must be carried out in a
way that all parties are aware of all important facts of transactions so as to avoid conflicts,
disputes or harm to any party. With regard to fairness, there ought be equity between the
contracting parties as well as honesty and integrity in transactions. Therefore, any kind of
fraud, deception or misleading statements make contracts null and void.
Last but not least, justice (adalah) is an overarching objective of Islamic economic
system representing both macro and micro dimensions of maqasid al-Shariah. It is
essential to note that Allah (SWT) has mentioned justice fifty-three times in the Quran4
and placed it nearest to piety 5 in terms of its importance in Islam. Accordingly, this
objective encompasses a wide range of concepts such as fairness, setting things rightly,
equality and harmony. Iqbal and Mirakhor (2007) further describes it as a right (haqq) to
have equal opportunity, to be free from exploitation and to receive true value in exchange
for ones labour. Moreover, al-Mawardi asserted that comprehensive justice involves
mutual love and affection, compliance with norms, development of the country,
expansion of wealth, growth of progeny and security of the sovereign 6. Overall, the
establishment of justice promotes the welfare of humankind removing any factors
impeding societys intellectual development, economic progress and social freedom.
4

Dr. Mohammad Hashim Kamali, Maqasid (Higher Objectives) of Shariah,


www.messageinternational.org/maqasid-higher-objectives-of-shariah/
5
Quran, 5:8
6
Muhammad Umer Chapra, The Islamic Vision of Development in the light of Maqasid al-Shariah pp. 10-11

3. Maqasid al-Shariah as a paradigm of socio-economic development


Development has been one of the most widely discussed topics in Social sciences in the
post World War II period. Both neoclassical theorists and those who disagree with them
have expounded on broad dimensions of the concept of development as well as its scope
and nature. As explained by Halperin (2013), the neoclassical perspective of development
represents a further eloboration of modernization theory. In this regard, one of the most
influential economists of our time, Joseph Stiglitz has described development as a
transformation of society, a movement from traditional relations, traditional ways of
thinking, traditional ways of health and education, traditional methods of production to
more modern ways 7.
In todays world, almost all societies who have adopted a capitalist model of
development that is based on secular and materialist worldview consider the growth in
income and wealth as the primary measure of development. However, researches have
shown that real human welfare cannot be achieved by giving undue emphasis on the
material components of well-being at the expense of the spiritual and intellectual. Hence,
Chapra (2008) rightly argues that there can be a positive association between hapiness
and wealth only up to the level where all basic biological needs are met. Undoubtedly,
there are numerous non-material needs of human beings that do not necessarily get
fulfilled with the rise in income. Yet, conventional economists have generally refrained
from discussing these needs since they involve unquantifiable value judgements.
Islamic concept of development, on the other hand represents a comprehensive
vison of human well-being that necessitates the fulfillment of not only material but also
spiritual and intellectual needs of mankind in order to ensure sustainable economic
development for the longer term. The failure to take care of non-material needs, in
particular will lead to the deterioration of well-being and ultimately bring about the
society and its advancements collapse. Islam has demonstrated how to address the
satisfaction of these needs through maqasid al-Shariah (objectives of Shariah). AlGhazalis classification of maqasid al-Shariah which emphasizes the protection of faith
(din), the human self (nafs), intellect (aql), posterity (nasl) and wealth (mal) has greatly
helped other prominent scholars develop new theoretical framewors that address the
changing needs and environment of not only the individuals but also their society.
3.1 The three-stage development model
In accordance with al-Ghazalis maqasid theory, Abu Ishaq al-Shatibi has provided a
clear analytical insight into a three stage development model which classifies the pulic
interest (maslaha) into Necessities (dharuriyyah), Needs (hajiyyah) and Perfections
(tahsiniyyah). According to al-Shatibi, the preservation of the five essential elements
identified by Al-Ghazali falls under the category of Necessities. To put it differently,
Necessities are the bare minimal requirements of sustainable human livelihood that
involve hardship in their satisfaction. Therefore, Needs eliminate difficulties and extend
conveniences (tawsiah) in the satisfaction of Necessities. Likewise, Perfections increase

Joseph E. Stiglitz, Towards a New Paradigm for Development: Strategies, Policies, and Processes, Prebisch
Lecture at UNCTAD, Geneva, October 19, 1998

the satisfaction of Necessities further through enhancement and excellence in quality (Tag
El-Din, 2013).
Given the Necessity (dharurah) constitute the foundation of Needs and
Perfections, each of its five elements brings a specific contribution to the realization of
socio-economic well-being. More precisely, religion (din) is considered as the strategic
vision of well-being; self (nafs) is the central socio-economic goal; intellect (aql) is the
prolific human resource; posterity (nasl) is the multigenerational goal and wealth (mal) is
the material economic resource. Meanwhile, Needs represent second major component of
maslaha as they are intermediate goals to expand the strategy of well-being beyond the
satisfaction of Necessities. Finally, Perfections are inferior goals to improve the quality of
well-being.

S
R

S
R(1) S(2)

M(3)

P(4)

W(5)

W
Figure 1.1: The three-stage development model based on maqasid al-Shariah (R - Religion; S - Self; M Mind; P - Posterity and W - Wealth are in order of strategic importance). The inner pentagon signifies
Necessities while the bigger and the outer pentagons signify Needs and Perfections respectively.

As can be seen from figure 1.1, the five Necessities are structural elements that will be
amplified by Needs and Perfections. This indicates that Islamic economics is not limited
to a basic-need strategy since maqasid scheme addresses ever-changing wants of human
beings provided that the process of economic satisfaction is governed justly and in
sequence based on the above mentioned three-stage development model.

4. Maqasid-based Public policy and its role in poverty alleviation


It is obvious that both market and non-market production has a specific role in sustaining
the goods and services that are necessary for the realization of socio-economic wellbeing. Each person has to pay individually for the benefit of marketable goods (such as
clothing, books or personal electronics) and private services (for instance hotel, dentistry
and hairdressing). However, people pay collectively for the benefit of public goods (for
example highways, bridges and dams) and public services (such as education, healthcare
and national defence). In this respect, marketable goods and services refer to profitoriented accounting records of private costs and benefits while public goods and services
refer to non-profit-oriented accounting records of public goods and services. Public policy
plays a substantial role in the production, financing and maintenance of private and public
goods which entail economic decisions to allocate scarce resources among rival
alternative uses.
Furthermore, public policy is concerned with recovering social costs that are
caused externally by the production of marketable goods and services. More specifically,
the production of marketable goods by profit-maximising firms leads the private costs and
benefits to diverge from public costs and benefits since the accounting records of private
firms take no consideration of the social cost8 of industrial development such as air
pollution and water contamination. In such circumstances, public authority intervenes in
order to restore the social cost and benefit balance with the aid of taxation and other fiscal
policy weapons.
Islamic economics has developed the foundations of a maqasid-based public
policy in accordance with the three-stage development model that was proposed in the
previous chapter. The maqasid-based policy suggests that equitable distribution of wealth
is a special public service that eliminates poverty through steady and consistent reduction
of inequalities. Viewing from the three-stage development perspective, the elimination of
absolute poverty9 is Necessity, the steady and consistent reduction of relative poverty10 is
Need while the elimination of relative poverty constitutes Perfection.
4.1 Moral training and technical support for poverty elimination
In general, all public services necessitate moral incentive as a driving force for their
delivery. For example, the delivery of national defence or national security becomes
impossible without strong moral dedications of the ones who are prepared to sacrifice
their lives for their country and risk their lives for the enforcement of law. Likewise,
public health invokes moral commitments and appropriate technical support for fighting
the potential causes of disease or infection. This is also relevant to the delivery of
distributional equity since it is a public service which ensures a healthy socio-economic
environment free from poverty and inequality.
However, capitalist societies have failed to provide moral training and technical
support needed for distributional equity despite the fact they have so far managed to
8

Social cost is a bad effect that business activities have on people, society or the environment.
Absolute poverty refers to an acute deprivation of basic human needs such as minimal food, safe drinking
water, clothing and shelter. It is also defined as a condition of having an income of less than $1 per day.
10
Relative poverty is the condition in which people lack the minimum amount of income needed in order to
maintain the average standard of living in a particular society.
9

provide appropriate practical qualifications for the delivery of other public services such
as national defence, the police service and public health through conventional government
budgetary approach. In other words, modern free market governments see the breakdown
of the state as the biggest national threat that must be avoided at all costs. For that reason,
they give more priority to national defence and public health than poverty elimination or
distributional equity. Yet from the maqasid standpoint, the breakdown of the socioeconomic justice is as dangerous as the breakdown of the state. A perpetual state of
poverty while luxurious standard of consumption exists elsewhere within the same socioeconomic order represents total socio-economic breakdown. This drives home the fact
that poverty elimination carries equal importance as above mentioned strategic public
services. Thus, society members as a whole need moral training in relation to promoting
social responsibility and nurturing a culture of caring for the poor.
4.2 Public finance for poverty elimination from the maqasid perspective.
The failure of capitalist societies to sustain distributional equity proves that treatment of
poverty through tax revenue is curative and short-term as it lacks necessary moral training
and practical qualification for delivering this public service. Maqasid-based public policy
puts forward a preventative treatment of poverty which involves fostering and
institutionalising a culture of social responsibility in order to utilize peoples disposal
motive through voluntary contributions. The waqf institution is the evidence of how
social generosity in Islamic history undertook key social responsibilities that are now
being financed by central government budgets. Being an important pillar in the religious,
social, economic and political life of Islamic society, waqf can be used to finance every
conceivable enterprise of social benefit for example mosques, universities, hospitals,
orphanages, houses of the poor, food for the poor, the blind, battered women, well,
aqueducts, public baths, bridges, cemeteries, salaries, pensions, guesthouses, libraries,
books and animal welfare (Shirazi, 2014).
Waqf plays a significant role in mobilising voluntary contributions and engaging
people directly in welfare realisation and poverty elimination. Interestingly, similar
working hypothesis is gradually gaining ground in non-Muslim countries under the rubric
of third sector to institutionalise the role of voluntary contributions in the provision of
desirable public services. For instance, the office of the third sector (OTS) in the UK has
incorporated hundreds of thousands of that altogether contribute about 27 billion a year
to the British economy11.
4.2.1 The role of Waqf institutions in poverty alleviation in OIC countries.
The waqf assets in OIC countries can be a part of the potential solution for helping the
needy. It is noteworthy that the number of waqf locations in Indonesia is over 358,710
which constitute 1.5 million square kilometres (Indonesian Waqf Board). Moreover, cash
waqf has grown significantly in Indonesia in recent years thanks to its flexibility and
potential to benefit poor in all parts of the country. Indonesian Waqf Deposit (IWD) has

11

Choudhury (2007), British Muslims and the development of Waqf sector

enormously facilitated the redistribution and the management of cash waqf. The cash
awqaf has an annual potential collection of 3 trillion Rupiah 12.
Social, Economic and Educational Status of the Muslim Community of India
reported that there are approximately 490,000 registered awqaf across India and the total
area under awqaf properties are about 600,000 and the book value at about Rs 60 billion.
If these properties are put to efficient and marketable use they can generate at least
minimum return of 10 percent which is about Rs. 12,000 crores (about US $2.4 billion)
per annum. Wherever the Waqf lands have been put to efficient use they have generated
an average return of about 20 percent 13.
5. Conclusion
The primary goal of this paper was to investigate the importance of implementing
maqasid al-Shariah as an economic development model and its role in eliminating
poverty and reducing inequality within a society. The observation of the selected
literature concluded that maqasid al-Shariah is an all-embracing concept that provides a
grand framework of socio-economic development. Furthermore, Al-Shatibis three-stage
development model explicated that maqasid scheme addresses ever-changing wants of
human beings provided that the process of economic satisfaction is governed justly and in
sequence of Necessities, Needs and Perfections. The implementation of maqasid-based
public policy doesnt achieve utopia. However, it would tackle the issue of poverty and
inequality in muslim majority countries more effectively in comparison to its
conventional counterpart by providing necessary practical qualifications for the delivery
of distributional equity. Meanwhile, the problem of public finance in relation to the
delivery of distributional equity in OIC countries can be addressed by the Waqf
institutions as opposed to tax revenues. ALast but not least, maqasid-based public policy
would significantly contribute to the satisfaction of socio-economic well-being by
ensuring social cohesion and family integrity.

12

Affandi. H and Nufus. D. Analysis of Cash Waqf Return Fund Allocation in Indonesia: A Case Study in
Indonesian Waqf Deposit 2010. Available at http://www.ukm.my/hadhari/sites/default/files/prosiding/p7.pdf
13
http://www.scribd.com/doc/53403975/52/Economic-Potential-of-Wakf-Assets-in-India

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