Objectives of Sharia Law (Maqasid Al-Shariah)

Abstract

Pluralism is one of the essential features of the Ethiopian legal system. It is enunciated in the FDRE Constitution that religious and customary systems of dispute resolution are officially allowed to play their part on personal and family matters alongside the regular justice system. This pluralistic aspect of the Constitution has been officially reduced into reality by Sharia Courts of the Country that have been in operation since the time before Hailesilassie; and with the adoption of the FDRE Constitution, their parallel operation is guaranteed and made mandatory for recognition by the legislative organs of the country. Accordingly, Sharia courts have been restructured along federal structure and a three-tiered Sharia court levels are adopted both at the federal and regional levels. It is stated in the Federal Sharia Courts Consolidation Proclamation that Sharia courts shall apply Islamic law to adjudicate cases falling under their material jurisdiction (Art. 6). One of foundational concepts and currently reviving theme of Islamic jurisprudence is Maqasid Al-Sharia (the Purpose and Goals of Islamic Law). This work introduces the methodologies employed in identification of Maqasid, and the goals the Sharia aims to achieve through its diverse legal frameworks It is pointed out by the classical and contemporary Sharia literature and Maqasid jurists that different branches of Islamic law including its personal and family framework have objectives to realize which falls in either of one or more of the three cardinal goals i.e. Consideration of public interest (Maslahah), establishing Justice (Adl) and Educating an Individual (Tahdhib al-Fard). This paper presents an introductory analysis in the methodological exposition of Maqasid so as to tackle the difficulties arising from literalistic understanding of Sharia rules in general, and ensure correct and acceptable interpretation and enforcement of Islamic personal and family laws by the Ethiopian Sharia courts.