1. THE OBJECTIVES, ROLE, AND INSTRUMENTS OF THE GOVERNMENT FOR REALIZING THE MAQASID AL-SHARI‘AH NOTES FOR A DISTANCE LEARNING LECTURE BY
M. UMER CHAPRA

2. TWO PARTS OF THE TITLE THE MAQASID (OBJECTIVES OF) AL-SHARI‘AH
ROLE AND INSTRUMENTS OF THE GOVERNMENT TO REALIZE THESE

3. MAQASID (OBJECTIVES OF) AL-SHARI‘AH
FALAH (WELL-BEING) AND ADALAH (JUSTICE)
IMPLICATIONS OF THESE:
SINCE ALL HUMAN BEINGS ARE THE KHALIFAHS OF GOD, JUSTICE DEMANDS THAT THEY MUST ALL ENJOY:
DIGNITY AND SELF-RESPECT
BROTHERHOOD
SOCIAL EQUALITY, AND
MORAL AND MATERIAL DEVELOPMENT
SINCE ALL RESOURCES ARE A TRUST FROM GOD AND SINCE SUSTAINED DEVELOPMENT IS NOT POSSIBLE WITHOUT JUSTICE AND EFFICIENCY, IT IS IMPERATIVE THAT RESOURCES BE UTILIZED EQUITABLY AND EFFICIENTLY FOR THE WELL-BEING OF ALL :

4. FALAH AND WELL-BEING 0F ALL – HOW?
WELL-BEING DEMANDS MATERIAL AS WELL AS SPIRITUAL PROGRESS
DEVELOPMENT MUST BE ALL-ROUND AND WITHIN THE FRAMEWORK OF MORAL VALUES
NEED FULFILLMENT OF ALL
EDUCATION: BOTH TECHNICAL AND SPIRITUAL
PHYSIOLOGICAL NEEDS
SECURITY OF LIFE AND PROPERTY
EMPLOYMENT AND SELF-EMPLOYMENT OPPORTUNITIES
THIS IS NOT POSSIBLE UNLESS ALL SECTORS OF SOCIETY (INDIVIDUALS, FAMILIES, SOCIETY, ECONOMY, AND GOVERNMENT) WORK HARMONIOUSLY: THIS NECESSITATES MORAL REFORM

5. THE ROLE OF THE GOVERNMENT IN THE REALIZATION OF THE MAQASID
THE PROPHET (PBUH) SAID:
“ANY RULER WHO IS RESPONSIBLE FOR THE AFFAIRS OF MUSLIMS BUT DOES NOT SINCERELY STRIVE FOR THEIR WELL-BEING WILL NOT ENTER PARADISE WITH THEM”
“GOD RESTRAINS THROUGH THE RULER MORE THAN WHAT HE RESTRAINS THROUGH THE QUR’AN”
‘UMAR, WROTE TO ABU MUSA AL-ASH‘ARI: “THE BEST OF MEN IN AUTHORITY IS HE UNDER WHOM PEOPLE PROSPER, AND THE WORST OF THEM IS HE UNDER WHOM THEY ENCOUNTER HARDSHIP”
ALL CLASSICAL SCHOLARS EMPHASIZED THIS AND SO DO MODERN SCHOLARS

6. IMPLICATIONS OF THESE STATEMENTS FOR THE ROE OF THE GOVERNMENT
SINCE THE WELL-BEING OF ALL IS CRUCIAL, THERE IS NO ROOM FOR A LAISSEZ-FAIRE STATE:
SINCE DIGNITY AND FREEDOM ARE ALSO CRUCIAL FOR HUMAN WELL-BEING, THERE IS NO ROOM FOR A TOTALITARIAN STATE
THE STATE MUST OPERATE WITHIN A DEMOCRATIC FRAMEWORK: IT MUST SAFEGUARD SOCIAL INTEREST AND CURB UNHINDERED PURSUIT OF SELF-INTEREST
IT SHOULD NOT OWN ALL MEANS OF PRODUCTION, BUT MAY OWN SOME, IF THIS IS IMPERATIVE FOR REALIZING SOCIAL WELL-BEING
VIEWS OF MUSLIM SCHOLARS
ACTUAL PRACTICE

7. THE FUNCTIONS OF AN ISLAMIC STATE:
MAINTAIN LAW AND ORDER
PROMOTE ECONOMIC AS WELL AS MORAL DEVELOPMENT
ERADICATE POVERTY
STABILIZE THE VALUE OF MONEY
FOSTER EQUITABLE DISTRIBUTION OF INCOME AND WEALTH
ARRANGE SOCIAL SECURITY
HARMONIZE INTERNATIONAL RELATIONS
ENSURE NATIONAL DEFENCE

8. INSTRUMENTS FOR REALIZING THE MAQASID
PLANNING: TO SET PRIORITIES
ENABLING MORAL, SOCIAL AND ECONOMIC REFORM
APPROPRIATE POLITICAL AND JUDICIAL FRAMEWORK
INTERNATIONAL RELATIONS: : PEACEFUL COEXISTENCE
ORIENTATION OF FISCAL, MONETARY AND COMMERCIAL POLICIES TOWARDS REALIZATION OF THE MAQASID

9. PUBLIC FINANCE PRINCIPLES OF EXPENDITURE
FIVE BROAD PRINCIPLES IN THE LIGHT OF THE RULES LAID DOWN BY ISLAMIC JURISPRUDENCE (القواعد الفقهية )
THE PRINCIPAL CRITERION FOR ALL EXPENDITURE ALLOCATIONS MUST BE THE WELL-BEING OF THE PEOPLE (ARTICLE 58).
THE REMOVAL OF HARDSHIP AND INJURY MUST TAKE PRECEDENCE OVER THE PROVISION OF COMFORT (ARTICLES 17, 19, 20, 30, 31 AND 32).
THE LARGER INTEREST OF THE MAJORITY SHOULD TAKE PRECEDENCE OVER THE NARROWER INTEREST OF A MINORITY (ARTICLE 28).
A PRIVATE SACRIFICE OR LOSS MAY BE INFLICTED TO SAVE A PUBLIC SACRIFICE OR LOSS AND A GREATER SACRIFICE OR LOSS MAY BE AVERTED BY IMPOSING A SMALLER SACRIFICE OR LOSS (ARTICLES 26, 27 AND 28).
WHOEVER RECEIVES THE BENEFIT MUST BEAR THE COST (ARTICLES 87 AND 88).

10. TAXATION – JUST TAXATION RESTRAINED BORROWING
RULE OF CONVENTIONAL WISDOM: BORROWING FOR FINANCING CAPITAL OUTLAYS AND NOT FOR CURRENT EXPENDITURE
ZAKAH AND AWQAF