THE THEORY OF SYARÎ ‘ AH ORIENTED PUBLIC POLICY

Surely Allah commands you to make over trusts to their owners and that when you judge between people you judge with justice, surely Allah admonishes you with what is excellent, surely Allah is Seeing, Hearing. O you who believe! Obey Allah and obey the Messenger and those in authority from among you, then if you quarrel about anything, refer it to Allah and the Messenger, if you believe in Allah and the last day; this is better and very good in the end.


Introduction
The great Muslim scholar, Ibn Taymiyyah (d.1328), began to develop and actually based his famous Al-Siyâsah al-Syar'iyyah fî Ishlâh al-Râ'iy wal-Ra'iyyah" 1 on Qur'an 4:58-59: Surely Allah commands you to make over trusts to their owners and that when you judge between people you judge with justice, surely Allah admonishes you with what is excellent, surely Allah is Seeing, Hearing.O you who believe!Obey Allah and obey the Messenger and those in authority from among you, then if you quarrel about anything, refer it to Allah and the Messenger, if you believe in Allah and the last day; this is better and very good in the end.This passage fully explains the concept of siyâsah syarî'ah, for the purposes of governance are to create a just society as well as to obey Allah Swt., the Messenger, and those Muslims placed in authority.This passage relates the fundamental dimensions of the policies devised and implemented by Islamic governments.
According to Sûrah al-Nisâ', verse 1, the first step in this regard is to turn over society's trust to those qualified people who deserve it. 2Sayyid Quthub (ra) ass that this trust must be placed on those who can carry it and who are skilled in such matters. 3But this in itself is not enough, for judgments between and among people must also be just.These are sine qua non conditions.In addition, those who are responsible for fulfilling this trust must themselves obey the Qur'an and the Sunnah of the Messenger (pbuh), for that entitles them to the people's obedience.There is one exception, however: when those in power disobey the Creator. 4If the appropriate individuals do not accept this responsibility, then any quarrel must be referred to Allah Swt. and His Messenger (pbuh) for a ruling based on enjoining the good and forbidding the evil.As Allah Swt.ordains: "[H]elp one another in goodness and piety, and do not help one another in sin and aggression" (Qur'an 5:2).When those who can judge with justice accept this responsibility, al-siyâsah al-'âdilah (just policy) and alsiyâsah al-shâlihah (good governance) are combined. 5cholars have used siyâsah syarî'ah for various purposes, for it multiple interpretations, for example, a syarî'ah-oriented policy, a syarî'ah-oriented public policy, and a government that rules in accord with the syarî'ah's explicit guidance in all areas (e.g., legal, economic, fiscal, political, foreign affairs, constitutional, administrative, and public affairs), provided that the relevant rulings do not contradict the syarî'ah's main principles. 6 the other hand, Ibn Qayyîm (d.1350) broadly considers this term to mean "any measure that actually brings the people closest to beneficence (shalâh) and furthest away from corruption (fasâd) partakes in just siyâsah even if it has not been approved by the Prophet (pbuh) or regulated by divine revelation.Anyone who says that there is no siyâsah syarî'ah when the syarî'ah itself is silent is mistaken and has misunderstood the Companions (Shahâbah)." 7Despite its different understandings and interpretations, siyâsah syarî'ah is strongly connected with the syarî'ah's spirit and objectives.In fact, it can only be considered if both of them are in harmony.
In addition, siyâsah syarî'ah can also be used to refer to the various mashlahah (public interest) that the Lawgiver has neither upheld nor overruled. 8It "implies decisions and policy measures taken by the imam and the 'ulu al-amr (the leader of the ummah) on issues for which no specific ruling can be found in the syarî'ah."Similarly, it "denotes the administration of an Islamic polity's public affairs in such a way that the interests of the community are in harmony with the syarî'ah's general principles, even if the policy in question disagrees with the rulings of particular mujtahidûn." 9 Fuqahâ' like 'Abd al-Rahmân Tâj (d.1975), author of Al-Siyâsah al-Syarî'ah wa al-Fiqh al-Islâmî, have used siyâsah syarî'ah in the sense of implying flexibility (tawshi'ah) for rulers and judges in their decisions.In other words, it is used to indicate the authorities' discretionary powers on a specific issue, provided that the issued ruling does not contradict the syarî'ah's principles. 106 Muhammad Hâsyim Kamali, Siyâsah Sharî'ah or the Policies of Islamic Government, The American Journal of Islamic Social Sciences, vol.6, no.1, 1998, p. 59-80 p. 61. 7 Ibn Qayyîm al-Jawzîyah, "Al-THuruq al-Hukmiyah fî al-Siyâsah al-Sharî 'ah" (Cairo: al-Mu'assisah al-'Arabiyah li al-Thibâ'ah,  1380/1961), p. 16, qf.Muhammad Hâsyim Kamali, Siyâsah  Besides that, later jurists (al-muta'akhkhirûn) used it to mean the administration of penalties meted out by rulers and judges to help them fight major sins and evils. 11However, the scope of siyâsah syarî'ah cannot be limited to any particular part of the administration because it covers all areas of government.

Definition of Siyâsah Syarî'ah
Literally, siyâsah is derived from sâsa-yasûsu ‫ساس(‬ ‫,)يسوس‬ which means "to take good care of something" or "comprehensive good governance."Technically, it is a political system that rules according to Islamic values to ensure the public interest through ijtihâd.As it is up to the ruler or the jurists to determine whether the ahkâm (provisions) can be altered, before engaging in this practice they must make sure that no specific revelation on the proposed action exists.. 12 In contemporary terminology, 13 siyâsah al-syarî'ah reflects good governance, effective governance, humane governance, participatory governance, better ruling, and the notion of governance.Islam deals with 'ibâdât, mu'âmalât,and siyâsah-in short, with everything that is related to human beings.
In terms of public policy, a government or a governing system can be good or bad, effective or ineffective, depending upon the values underlying its governing practices.In this regard, the syarî'ah provides nine indicators: participation, the rule of law, transparency, responsiveness, consensus orientation, equality, effectiveness and efficiency, accountability, and strategic vision. 14Effective governance, therefore, refers to administration and constitutional law, governmental authority (e.g., the ruler), the ahl al-hall wa al-'aqd (viz., consultative members), the rights of the individual, public interest (mashlahah 'âmmah), and others. 15uthorizes the ruler to determine the manner in which the syarî'ah should be administered." 16In other words, the concept's fundamental basis is Islamic law, which allows the ruler to implement Allah's (swt) rules throughout society.This does not mean that the ruler cannot make his/her own governing decisions, but that whatever discretionary measures, policies, and rules he/she inaugurates for the sake of good government cannot violate the syari'ah's main principles. 17Briefly stated, it is a complete governing system that applies the goals and objectives of the syarî'ah. 18He emphasizes that "it's designed to serve the cause of justice and good government, especially when the rules of syarî'ah fall short of addressing a certain situation or development." 19n Qayyîm, who elaborated upon the concept of siyâsah al-syarî'ah at the above, 20 distinguished the syarî'ah's explicit basically permanent rules from the government's supplementary (ad hoc) decisions, in contrast to the Mâlikî jurist Ibn Farhûn (d.799/1396), who maintained that siyâsah is normative.21 Thus he did not restrict itto the welfare-based rule of an ad hoc nature, but maintained that siyâsah played an essential role in every field of substantive syarî'ah (e.g., hudûd, ta'zîr, and qishâsh)because itwas part of the syarî'ah.As such, its normative nature is reflected from the Qur'ân and Sunnah.22 Although rulers and judges enjoy wide discretionary powers, and it encourages the ulil amr to be very meticulous and initiative in terms of taking all necessary measures in an attempt to ensure the best of government under the rule of law, it is unsuitable due to the authorities' possible use of it in an arbitrary and abusive manner and because it does not prohibit the possibility of regulating and controlling their discretionary power via statutory legislation.23

Historical Backdrop
Given that the concept of siyâsah syarî'ah seeks to secure the people's benefit and effective administration of their affairs, its seeds can be found right from Islam's first days.In fact, 'Umar ibn al-Khaththâb (d.644) preserved the syarî'ah's spirit by applying the siyâsah in many of his policy decisions, such as in discontinuing the share of mu'allafat al-qulûb 24 in zakât revenues and refusing to assign Iraq's fertile lands as war booty (ghanîmah) to the warriors, although the Qur'ân clearly indicated the shares of both parties (Q.9:60 and Q. 8:41, respectively).'Alî ibn Abî Thâlib's (d.661) based his ruling on a man's complaint regarding his father's death on his sensitive siyâsah, 25 namely, his firâsah, which is defined as the personal insight and intuitive judgement of the leader or jurists. 26ring the time of Basra's eminent jurist and judge 'Iyâs bin Mu'âwiyah (d.740/122), siyâsah al-syarî'ah was used in adjudication and to determine the meaning of istihsân.If the present normative judgements were not enough to prevent evil, then jurists would use more beneficial ways in an attempt to bring about a better judgement and more effective ruling, "Use qiyâs as a basis for judgment so far as it is beneficial to people, but when it leads to undesirable results then use juristic preference (fastahsinû)." 27He also stated that "I understand that the judgments given in the courts should be in accordance with istihsân." 28Under the later 'Abbâsîds, 'Abd Allah Ibn al-Muqaffâ' (d.137/756) interpreted siyâsah syarî'ah as discretion (istiswâb), having realized that the legal and administrative practices of the Umayyâds and early 'Abbâsids were inconsistent and frequently in conflict with the authentic Sunnah.He suggested that the caliph may codify and standardize existing usage and exercise his own discretion to introduce new regulations on Islamic Government, p. 60.
24 Mu'allafât al-Qulûb: People of influence whose support was important for the victory of Islam.political, administrative, military, and financial matters as long as they did not contradict the shari'ah's main principles. 29In addition, he observed that discretion must be taken into account in the absence of any established ruling or guidance from the Qur'ân and Sunnah.In exceptional circumstances, the guardians of the syarî'ah should be aware that qiyâs can sometimes result in unfair and unjust rulings and that the use of discretion is sometimes necessary to ensure justice.He further ruled that unreserved adherence to qiyâs sometimes leads to injustice and that flexibility was advisable in law in order to prevent an unjust ruling based on analogical deduction. 30 line with good governance Nizhâm al-Mulk (d.1092), the well-known vizier to the Seljuq sultans Alp Arslan and Melik Shah as well as the founder of the Nizhâmiyyah schools, wrote his Siyâsatnâma (The Book of Government) to advise sultans on the many tricks they could employ while administering the state.On the other hand Ibn (1) unjust siyâsah (i.e., siyâsah zhâlimah), defined as an undesirable act that the syarî'ah prohibits, and (2) just siyâsah siyâsah (i.e., 'âdilah), 38 which is what the shari'ah seeks achieve: "[I]f you judge between people, judge with justice (Q.4:58)."Ibn Taymiyyah bases his understanding of a just siyâsah as amânah (the fulfilment of trusts) on this verse 39 : "Government as a whole is a trust in Islam, and government leaders and officials are under duty to hand over the trust to those who are entitled to it.Two specific themes that feature prominently in Ibn Taymiyyah's elaboration of amânah in this verse are the selection and appointment of government officials and the equitable distribution of wealth in the community." 40According to the Qur'anic injunctions, 41 the quality of a ruler's amânah is revealed in three attributes: not to be afraid of anyone, to fear only Allah Swt., and to not sell Allah's (swt) rulings for a small price (i.e., nothing has priority over such rulings).
One significant duty of the Islamic political system is to establish socioeconomic justice.Ibn Qayyîm elaborates that Allah Swt.sent messengers and books to establish justice among humanity.So long as a sign indicates the path to justice, it is in harmony with the Law of Allah Swt., to achieve it.Ibn Qayyîm stressed that "any path that leads to justice and fairness is an integral part of the religion and never contrary to it." 42Therefore, justice is achieved only when nothing contradicts the eternal Law of Allah Swt.: "We merely call it siyâsah because of the linguistic usage; however it is nothing other than the justice ordained by Allah Swt. and His Messenger (pbuh)." 43If any such ordinance contradicts this Law, it must be rejected.

Objectives
The shari'ah's ultimate objectives are to protect the six values: life, religion, intellect, lineage, property, and honour.Some contemporary scholars have added a seventh, "eliminating corruption," which enables rulers to use their discretionary powers to penalize evildoers.This is essential if the government seriously wants to achieve falâh (welfare) and prevent fasâd (destruction) according to the legal maxim of jalb al-mashâlih wa dar' al-mafâsid.

The Maqâshid al-Syarî'ah (The Higher Objectives of Islamic Law)
The maqâshid al-syarî'ah, the foundation as well as the fundamental objectives of siyâsah syarî'ah, are reserved for the rulers and the jurists.Thus siyâsah syarî'ah must be in line with the shari'ah's spirit and objectives.This can be seen in 'Umar's decision to terminate the charity assigned to the mu'allafah alqulûb 47 (potential Muslims), despite its specific mention in the Qur'ân, in favour of its general purpose, "Allah Swt. has exalted Islam and it is no longer in need of their favour."Although it seems to violate the Qur'ân, it is nevertheless considered to be in harmony with its objectives. 48In terms of priority, mashlahah âmmah (the public benefit) is superior to mashlahah khâshshah 44 See the rules and guidelines related to governance in Qur'an 4: 58-59, 5:2, 21:105, 22:40-41, 24:55, and 57:25. 45  (specific benefit).Therefore, the changed circumstances made the original ruling unneessary because of the following general rule (maxim): "It is an accepted fact that the terms of law (ahkâm) vary with the changes in the times." 49All aspects of life are subject to constant transformation, and the law is no exception, 50 provided that the new rulings do not contravene the shari'ah's objectives.

The Meaning of Maqâshid and the Maqâshid al-Syarî'ah
In the field, the terms mashlahah and maqâshid are used interchangeably.In terms of sources of Islamic law, mashlahah is considered a controversial source because it is based on benefit and avoiding hardship. 51shlahah is a proper basis for legislation in the absence of an explicit ruling within the Qur'ân and Sunnah, as well as within ijmâ' and qiyâs.If this is the case, then the mujtahid can resort to it to protect humanity's benefit and prevent corruption on Earth 52 for, as Shâthibî (d.790/1388) indicated, "in the religious context the aim of obtaining the benefits (jalb al-shalâh) and avoiding evils (daf ' al-fasâd) are to provide the needs of this world for the sake of the hereafter and not providing personal desires or avoiding personal hatreds.Religion prevents people from following their desires and guides them to be a servant of Allah Swt.." 53 Shâthibî points out 54 that the shari'ah's purpose is to promote the people's welfare and prevent corruption and hardship, as the Qur'ân clearly states, "We have not sent you but as a mercy for all creatures" (Q.21:107) and "Allah never intends to impose hardship on people" (Q.22:78) Allah Swt. also informs humanity that He "does not want to place you in difficulty, but He wants to purify you" (Q.5:6).can be seen not to apply exclusively to a particular type of ruling.Included here are the occasions for the Law's establishment, its overall aim, and the meanings can be discerned throughout the Law.In order to perform ijtihâd, a mujtahid must be able to understand the syarî'ah's purposes.For example, Imâm Mâlik (d.179/795) regards istihsân as a purpose-centred method of interpretation, "Istihsân represents ninetenths of human knowledge." 55n 'Âshûr opines that "Realizing maqâshid al-syarî'ah rescues people from narrow mindedness and literalism.The maqâshid al-syarî'ah leads to undiscovered horizons through eternal principles, and the essence and true meaning of Islam.To discover the true spirit of maqâshid al-syarî'ah is to distinguish the earthly from the divine, the temporary from the permanent, the alterable from the inalterable and the particular from the general.
In general, scholarshave divided the maqâshid alsyarî'ah into three categories: dharûriyyât (the essentials), hâjiyyât (the complementaries), and tahsîniyyât (the desirable or the embellishments).The social order is considered in three groups, however, in terms of the entire community, it is divided into kullî (whole) and juz'î (partial).Nevertheless, in terms of the people's situations it consists of qath'î (definite), zhannî (speculative), and wahmî (superstitious). 56e darûriyyât are six in number: religion, life, intellect, lineage, property, and honour.They are considered essential because any neglect of them would cause a total social disruption and anarchy.Ibn al-Hâjib (d.646/1249), al -Qarafî, al-Ghazâlî, and Ibrâhim al-Shâthibî (d.790/1388) considered these values, the last of which was added by al-Qarafî, as protecting the honour of each Muslim which is attributed to al-Thûfî. 57ccording to al-Ghazâlî, destroying even one of them is harâm. 58In general, the shari'ah seeks to protect and promote these essentials in order to, for example, protect Islam.In that context, jihâd for the sake of Allah Swt. has been confirmed as an obligatory act.To protect life, Allah Swt.prescribed qishâsh(retaliation); to protect the intellect, alcohol is forbidden; to preserve one's lineage, adultery is prohibited; to protect one's property, theft is prohibited.In fact, all threats to the social order are punishable offenses.Therefore, jihâd protects their life, for without honour life would be incomplete and surely even be worse. 55Al "Muwâfaqât," iv. 208. 56 Muhammad al-Thâhir ibn 'Âshûr, "Maqâshid al-Sharî'ah al-Islâmîyyah" (Tunis: 1946), p. 138. 57 Muhammad al-Thâhir ibn 'Âshûr, "Maqâshid al-Sharî'ah al-Islâmîyyah" p. 139.58 Ghazâlî, "al-Mushtashfâ," 1/288.
Shâthibî defines hajiyyât as that which is needed for tawassî (widening) and raf'ul haraj (avoiding hardship).If they were ignored people would face harm and difficulty, but not as much as if the essentials were neglected. 59In the context of 'ibâdât, the concessions (rukhash) granted to the sick and travellers in terms of suspending the fast and shortening the prayers (shalât) are designed to prevent hardship.This is the objective of all such concessions.In the area of criminal law, the prophetic hadîth of "suspend the prescribed penalties (hudûd) in all cases of doubt ‫بالشبهات(‬ ‫احلدود‬ ‫ا‬ ‫")ادرؤو‬ can be seen as providing a complementary mashlahah, because the burden of proof for crimes with prescribed penalties (hudûd) is very severe. 60In the area of mu'âmalât, the shari'ah'sallowance of certain contracts (e.g., the sale of a salâm contract [deferred delivery] and ijârah [lease and hire]) is not absolutely essential to maintain normal life.Thus they are classified as hâjiyyât (complementary).
The third type, tahsîniyyât or kamâliyyât (embellishments), complete the first two types by representing the interests and awareness of the mukallaf (subject) in all areas and at all levels.Shâthibî indicated that they may be summarized as part of the moral constitution of 'ibâdât (e.g., eliminating that which is dirty and considering all types of cleanness), customary matters (e.g., good conduct in eating and avoiding wastefulness in consumption), transactions (e.g., preventing others from selling that which is impure) and jinâyât (i.e., criminal offences, among them killing women, children, and religious people during jihâd). 61herefore sadd al-dharâ'i' is considered as a type of tahsîniyyât.The syarî'ah encourages gentleness (rifq), good manners and conduct (husn al-khulq), fair dealing (ihsân), as well as being a devoted person ('âbid) in terms of performing the supererogatory prayers, voluntary fasting, generosity to the poor and those in need in regard to all kind of customary matters, interpersonal relations, family matters, religious duties, and so on.
Kamali explores this notion by saying that "the tahsîniyyât are a very important category, as they are allpervasive and relate to all the other mashâlih.One can perform the obligatory shalât, for example, in different ways.It may vary from performing it with full and proper concentration, giving each of its parts their due attention, to performing it with haste and thoughtlessness.Moreover, the Prophet (pbuh) said that "Allah is beautiful and He loves beauty" 62 and "The best amongst you are 59 Ghazâlî, "al-Mushtashfâ," 2/10-11. 60Muhammad Hâsyim Kamali, "Al-Maqashid al-Sharî'ah (The Objectives of Islamic Law)," p. 2 61 Shâthibî "al-Muwâfaqât," v: 2, p: 327. 62Muslim, Shahîh Muslim, Book 1, Hadîth No. 164.
those who have the best manners and character." 63The tahsîniyyât cause our deeds to be accepted or rejected, for the Lawgiver is not in not need of our deeds.
that "in the religious context the aim of obtaining the benefits (jalb al-shalâh) and avoiding evils (daf' al-fasâd)  are to provide the needs of this world for the sake of the hereafter and not providing personal desires or avoiding personal hatreds.Religion prevents people from following their desires and guides them to be a servant of Allah." 72Allah states this clearly: "And if the truth had been in accordance with their desires, verily, the heavens and the earth, and whosever therein would have been corrupted" (Q.23:71). 73

A Historical Approach to the Maqâshid
In terms of the syarî'ah approach, when the ushul al-fiqh (principles of Islamic jurisprudence) were being formulated, the concept of maqâshid al-sharî'ah was implicitly considered within its scope.But due to its nature, it was located within the philosophy of law and its objectives rather than the formulation of the principles of the text. 74This might be because the maqâshid were already embedded within ushul al-fiqh and thus there was no need to consider them explicitly, for ijtihâd was widely used to investigate the Lawgiver's purpose for the texts.
The maqâshid emerged with Hakîm al-Tirmidzî (d.255/869), the first person in the written literature to introduce it through the principle of istiqrâ' (induction).Although he may not have been a jurisprudent (faqîh) or a scholar of the principles of jurisprudence (ushûlî), he was known as both a Sufi and a philosopher. 75He was followed by Imâm Abû Manshûr al-Mâturîdî (d.333/944). 76In addition, it should be noted that Juwaynî (d.478/1085) was the first one to actually attempted to evaluate the maqâshid and mashlahah. 77e focused on the maqâshid, for "[w]hoever is unable to realize the purposes and wisdoms behind the orders and prohibitions of Syârî' cannot be considered wise." 78e led their organization into five categories to make them easily understandable and was among the first jurists to refer to some of the five dharûriyyât. 79waynî's student al-Ghazâlî, another exemplary personality who expounded on the maqâshid, divided rulings into the main categories of mu'allal (justifiable) and ghayrimu'allal (unjustifiable).He categorized his tutor's categorization into three main divisions, namely, dharûriyyât, hâjiyyât, and tahsîniyyât.He also brought the concept of takmîlât into the field. 80 1316) are also very well-known names, as their opinions on mashlahah were outside the traditional frame. 82According to al-Tûfî, given that the Lawgiver'sprimary purpose is "obtaining mashlahah and removing evil," this principle must be applied to âdât (customs) and mu'âmalât even when the nashsh and ijmâ' contradict them. 83Of course there is no objection when the latter two accommodate the mashlahah; but when they contradict them priority should be given to the mashlahah that can be applied by restricting (takhshîsh) the nashsh and ijmâ' or in the form of a declaration (bayân).
Later on, Ibn Taymiyyah, Ibn al-Qayyîm, and al-Shâthibî reassessed the concept of maqâshid by formulating a new and systemized method.Dihlawî (d.1176/1762) reassessed the mashlahah and reform via passionate arguments that "[w]hoever does not understand the purposes of shar'î rulings and whoever insists that these rulings do not include any mashlahah has not benefited from knowledge or wisdom.This person should shed tears for his own situation rather expect praise…" 84  in something that his ancestors simply did not bother to deal with, and he discovered evidences and methods which guaranteed the everlasting permanence and purity of the religion.Those who made an effort to uncover the subtlety of the religion became key personalities.The importance of Shâthibî's work has found more resonance during the re-awakening of the Islamic world from its long sleep, when religious rulings contradicted the requirements of contemporary life, especially in current and previous centuries.In this context, Shâthibî's Muwâfaqât is a real savior." 88Thus he deserves to be called "the father" of the maqâshid.
The contemporary scholar 'Alall Fâsî emphasizes the importance of the maqâshidal-syarî'ah for ijtihâd, given his view that they are "an eternal source for the fields related to legislation and jurisdiction and it is not outside of the Islamic law; rather it is a source which is at the very heart of Islamic law.It is also not a complicated concept like the 'law of nature' which is not certifiable in terms of its purpose and borders… when it's necessary, the maqâshid may even be effective for a matter resolved by nashsh." According to Ibn Rusyd, shar'î sources are a matter for juristic thought seen from the angle of Hanafî istihsân and Mâlikî istishhâb, which complement each other.It is important not to accept one and deny the other purely on sectarian grounds, for either one can be used to reach a solution as long as they do not contradict general principles.Istihsân considers mashlahah and justice when delivering a ruling, and jurists supposedly have a better awareness of the Lawgiver'spurposes when a ruling's superficial meaning(s) is likely to induce injustice and is authorised and qualified to make such rulings more just, fair, and specific.However, this should never be done by an arbitrarily determined mashlahah.Even though the syarî'ah provides direct information regarding all rulings, when their superficial meanings are contradictory they must be interpreted according to the nashsh. 89n 'Âsyûr recommends using ijtihâd to resolve issues when the nashsh and qiyâs are silent, for "[j]urists' need of maqâshid is obvious for such situations, because they have the responsibility to maintain continuity of the rulings given by Islam for generations and eras after the Prophet (pubh)." 90Moreover, scholars have established standards and principles to set the criteria 88 Muhammad F. Ibn 'Âshûr, "Â'lam al-Fiqr al-Islâmî' fî Târikh al-Maghrîb al-'Arabî," p. 76 qf Raysûnî, "Nazhariyyât" p. 352-353.  8Ibn Rushd," v: 1,p. 136,137,v: 2,p. 154,246. 90 Ibn 'Âsyûr, "Maqâshid," p. 15-16.for determining the Lawgiver'spurposes, orders, and prohibitions.91 The concept of means (wasâ'il) related to the maqâshidal-syarî'ah are the main instruments for achieving the maqâshid.92 Purposes and means must be assessed together, for the means depend on the ends: "Once the purpose is dismissed, then there is no means to pay attention," 93 as al-Majallah al-Ahkâm proclaims, for "[i]f the principle fails, the accessory also fails."94 The essence of the Shari'ah revealed to the prophets is always the same, because it was revealed from the same source.It has two aspects: the divine, which looks to revelation (wahy) and the Sunnah (tradition) and thus cannot be altered (however, their interpretation can change according to different situations and conditions) and the human, which represents the accumulated rulings given by jurists after interpreting the sources in accordance with reason and the needs of the age.The purpose of the Shari'ahis to maintain the social structure and secure the mashlahah in order to prevent evil.95 Therefore, one of the prophets' main duties is to make an effort to establish and maintain justice, as Allah Swt.proclaims: "And Moses said to his brother Aaron, replace me among my people, act in the Right Way and follow not the way of the mufsidûn (mischief-makers)" (Q. 7:42 and 85; Q. 24:55.96