Maqasid al-Syari‘ah and Its Impact on the Development of the Fatwa on Mabit at Muzdalifah

Abstract

Maqasid al-Syari‘ah occupies an important position in Islamic jurisprudence. This is because Islamic law is built on the basis of attainment of maslahah (good) for mankind in this world and in the hereafter and warding off mafsadah (destruction). The emergence of new fatwas, especially those surrounding haj rituals, has given rise to the need to understand the maqasid behind the issuance of a fatwa. This article attempts to explain the meaning of maqasid al-syari‘ah and fatwa, the relationship between fatwa development and maqasid al-syari‘ah and the implications on the laws of mabit at Muzadalifah. Upon analysis of relevant documents, data regarding fatwa on mabit at * PhD Candidate, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, a.alrumaithah@gmail.com ** Associate Professor, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, raihan@um.edu.my *** Senior Lecturer, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, alnahari1977@um.edu.my