The Normative Interrelationship between Maqāṣid al-Sharīʿah and the Realization of Ḥuqūq: An Analytical Study

Abstract

This study discusses the normative interdependence between categories of Ḥuqūq and their role in realizing the higher objectives of Islamic law (Maqāṣid al-Sharīʿah). Drawing on classical discourses in Uṣūl al-Fiqh, particularly the works of ʿIzz al-Dīn ibn ʿAbd al-Salām and al-Shāṭibī, the paper analyzes how configurations of rights operate within the ethical framework of Jalb al-Maṣāliḥ (attracting benefits) and Darʾ al-Mafāsid (repelling harms). While existing scholarship treats Maqāṣid and Ḥuqūq largely as parallel discourses, this study demonstrates their structural and normative interdependence. The findings demonstrate that Iḥsān functions as a practical principle for actualizing the Maqāṣid, while institutional accountability through Taʿzīr remains essential even in cases of personal pardon to prevent societal Fasād (corruption). The article argues that the comprehensive realization of Maqāṣid structurally depends on the thorough fulfillment of all categories of Ḥuqūq, thereby providing a robust normative paradigm for Islamic legal theory, ethical governance, and contemporary social order.