THE INNOVATION OF AL-NAJJA<R’S THOUGHT 
IN MAQA<S{ID AL-SHARI<’AH
Zahwa Syihab
STAI Al-Masthuriyah Sukabumi
Zahwasyihab21@gmail.com  

Abstract
This article examines the maqa>s}id al-shari>‘ah formulated by al-Najja>r, a Tunisian thinker who was born on May 28, 1945, in his work maqa>s}id al-shari>‘ah bi Ab’a>d Jadi>dah. This research shows that maqa>s}id al-shari>‘ah according to al-Najjar is the purpose (al-gha>yah) of the Islamic law’s application at both the universal and particular levels. This definition is in accordance with previous maqa>s}idi> thinkers, such as Ibn ‘A<syu>r and ‘Ila>l al-Fa>si>. The innovation about maqa>s}id al-shari>‘ah which was initiated by Al-Najja>r lies in the classification of maqa>s}id al-shari>‘ah into four main objectives: protecting the value of human life (h}ifzh qi>mat al-h}ayah al-insa>niyyah), protecting human essence (h}ifzh al-dza>t al-insa>niyyah), protecting society (h}ifzh al-mujtama’) and protecting the physical environment (h}ifzh al-muhi>t} al-ma>ddi>). Furthermore, al-Najja> r also emphasized that all of these purposes originate and lead to the universal purposes of the shari’a (maqa>s}id al-syari> ‘ah al-kulliyah). Al-Najja>r also tries to make the orientation of maqa>s}id al-shari>‘ah from the partial-individual benefit to the universal-social benefit.
Keywords: Maqa>s}id al-shari>‘ah, al-Najja>r

Abstrak. Artikel ini mengkaji tentang pemikiran maqa>s}id al-shari>‘ah yang rumuskan oleh al-Najja>r, seorang pemikir asal Tunisia yang lahir pada 28 Mei 1945, dalam karyanya Maqa>s}id al-shari>‘ah bi Ab’a>d Jadi>dah. Penelitian ini menunjukkan bahwa maqa>s}id al-shari>‘ah menurut al-Najjar adalah tujuan (al-gha>yah) diberlakukannya syariat Islam baik pada level universal maupun partikular. Definisi ini sesuai dengan para pemikir maqa>s}idi> sebelumnya, seperti Ibn ‘A<syu>r dan ‘Ila>l al-Fa>si>. Adapun inovasi yang digagas oleh Al-Najja>r dalam kajian maqa>s}id al-shari>‘ah terletak pada klasifikasi maqa>s}id al-shari>‘ah menjadi empat tujuan utama, yaitu melindungi nilai kehidupan manusia (h}ifzh qi>mat al-h}ayah al-insa>niyyah), melindungi esensi manusia (h}ifzh al-dza>t al-insa>niyyah), menjaga masyarakat (h}ifzh al-mujtama’) dan menjaga lingkungan fisik (h}ifzh al-muhi>t} al-ma>ddi>). Al-Najja>r juga berupaya untuk menjadikan orientasi maqa>s}id al-shari>‘ah dari kemaslahatan yang cenderung parsial-individual kepada kemaslahatan universal-sosial.
Kata kunci: Maqa>s}id al-Shari>‘ah, al-Najja>r

INTRODUCTION
In the study of Islamic law, maqa>s}id al-shari>‘ah is a very important and vital concept. According to Ismail H{abi>b, the term maqa>sid first appeared in the work of al-Tirmidhi> al-Haki>m (d. 320 H) entitled al-S{ala>h wa Maqa>s}iduha> (Bakr Isma>'il H{abi>b: 2003, 89). In its development, this concept continuedly went through a metamorphosis process, either from the "value" aspects and its approach. As a value, maqa>s}id al-shari>‘ah itself is an inseparable part of the study of Ushu>l al-Fiqh, such as mashlahah-mursalah, istihsa>n, qiya>s, etc. Meanwhile, in terms of approach, maqa>shid al-shari>‘ah is often considered as a concept that has a significant role in determining most of Islamic law, especially related to contemporary issues (Maulidi: 2015, 251-264).
The urgency of the maqa>s}id al-shari>‘ah concept in the study of Islamic law at least departs from the following things: first, generally, Islamic law is believed to be a law that originates from revelation and is intended for mankind, so that it will always face social change. In this context, is it possible that Islamic law, whose main source (al-Qur'an and Sunnah) was revealed in the past few centuries, can continue to adapt to social changes? The answer of this kind of question by some thinkers can be given by analyzing an important element in Islamic law, namely maqa>s}id al-shari>‘ah. Second, historically, the study of maqa>s}id al-shari>‘ah has been applied since the earliest days of Islam, in the Prophet and the Companions and tabi'in era. Third, in-depth knowledge of maqa>s}id al-shari>‘ah is a very important "supply" for mujtahids in studying issues and establishing laws (Wahbah al-Zuhaili: 2001, 1045).
Meanwhile, according to Sami>h Abdul Wahhab al-Jundi>, the urgency or function of maqa>s}id al-shari>‘ah in Islamic law are as follows: (1) help to minimize the possibility of controversy among mujtahids. This is based on the general view among mujtahids that aspects concerning the benefit of human beings must always be prioritized without neglecting obligations to God; (2) help when ta'a>rudh and tarji>h al-ahka>m occur; (3) help to understand the direction and purpose of nas}s}-nas}s}} syar'i>: (4) is needed in deciding the fatwa; (5) the needed tools to explore 'illat in istinba>t} work through the qiya>s method; (6) help to resolve the controversy of the opinion of the companions and tabi'in; (7) is required when elaborating the hadiths A<ha>d. (8) is needed in the istinba>t} al-ah}ka>m process for which there is no verbal argument and the qiya>s cannot be applied because there is no jami' between maqi>s and maqi>s 'alaih. Thus, khulu>diyyat al-syari>ah and al-Isla>m sha>lih li kulli zama>n wa maka>n find their relevance (Abdul Maji>d al-Najja>r: 2008, 18).
The figure who is often considered as a pioneer in the study of maqa>s}id al-shari>‘ah is Abu Isha>q al-Sya>tibi> (d. 790 H). It can be seen in the commentary written by Abdullah Darra>z as an introduction to the book al-Muwa>faqa>t by al-Sya>t}ibi for instance. To sum up (istinba>t) shari’ah laws, one must have deep knowledge about two things: Arabic and maqa>s}id al-shari>‘ah. In that context, Abdullah Darra>z later wrote, "Thus, the science of Ushu>l Fiqh loses a great part, which is the section that examines one of its supporting pillars [maqa>shid al-shari>'ah] until Allah SWT. finally brought out Abu> Isha>q al-Sya>tibi> in the 8th century Hijri ..." (Ahmad al-Raysu>ni>: 2013, 18).
In the following period, the figures who had serious concerns about the study of maqa>s}id al-shari>‘ah continued to emerge. For example, Tha>hir Ibn 'A<syu>r (d. 1973 AD) who views the urgency of the concept of maqa>s}id al-shari>‘ah not only as a fundamental principle (al-mabda') of ijtihad, but also as an approach (muqtarabah) in ijtihad. Even Ibn 'A<syur firmly stated that in formulating Islamic law, we only relying on the lafzhiyyah arguments (dalil) approach (linguistic approach) is not enough, but also must be equipped with a causative and theological approach (Muhammad al-Ta>hir ibn 'A< shu>r: 2005, 20).
In subsequent developments, Islamic law is always required to be able to answer the issues and problems of the changing times. Besides that, it is also present with a vision for the realization of benefit as well as anticipating the emergence of harm for mankind. As the popular theory in Islamic law (Ushu>l al-Fiqh) "the general purpose of Islamic shari’ah (law) is to actualize the public interest through the protection and guarantee of human needs at the primary level (daru>riyyah), secondary level (ha>jjiyah) level, and tertiary level (tahsiniyyah)” (Abdul Wahha>b Khalla>f: 198-200).
With these two main visions (main purposes), Islamic law is always assumed to be relevant in every time/era and every place (sha>lih li kulli zama>n wa maka>n). In this context, the majority of Islamic law thinkers are of the view that maqa>s}id al-shari>‘ah is one of the "powerful" methods to actualize the vision of Islamic law. Through the reasoning above, it is true that maqa>s}id al-shari>‘ah is an important part of Islamic law that is able to present progressive-contextual laws as the demands of ever-changing times (Muhammad Hasim Kamali: 2008, 1).

Biography of Intelect Al-Najja>r
Al-Najja>r is a contemporary Muslim scholar and political and socio-religious activist from Tunisia. His full name is Abdul Maji>d 'Umar al-Najja>r. There is no definite information whether al-Najja>r is a nickname attributed to lineage or tribe. He was born on May 28, 1945 AD/16 Jumadil Akhir 1364 H in Beni Khedache (Bani> Khadda>sy) (Gideon Golany: 1988, 67).
Al-Najjar's intellectual journey began from 1964 to 1972 at the primary and secondary education levels. Then he was active as a student at the Tunisian Olive University and obtained a License (Lc) in the Ushu>l al-Di>n concentration in 1972. Then he continued his education at the Al-Azhar University of Cairo and obtained a master's degree in the Ushu>l al-Di>n concentration in 1974. In the next seven years, which is in 1981 al-Najja>r then succeeded in obtaining a doctorate in the field of Faith and Philosophy from al-Azhar University Cairo.
Al-Najjar's scientific career seems to be recognized at the international level. It can be seen clearly when he is active as a lecturer at several Middle Eastern universities, Zaituna University, Qatar University, Amir Abd al-Qadir University in Jazair, United Arab Emirates University, and others.
He is also active as a speaker for seminars and scientific conferences at the international level. Here are some of them:
1.	The 4th International Islamic Symposium, Tunisian Ministry of Culture, Kairouan Tunisia 1976.
2.	Imam Ibn 'A<syu>r Symposium, University of Tunisia, Tunisia 1985.
3.	Symposium on Renewing Islamic Thought, Journal of the Message of Jihad, Malta 1989.
4.	Symposium on the Future of Islam, Center for the Study of the Future of Islam, Algeria, 1990.
5.	Symposium on the Future of Islamic Work, Institute of International Islamic Thought, Virginia/America 1991.
6.	Badi Al-Zaman Nursi Symposium, International Institute of Islamic Thought, Amman/Jordan 1997.
7.	Ibn Taymiyya Symposium: His Scientific Attitude and Reformation Methodology, International Institute for Islamic Thought and Muta University, 2001.
8.	Seminar on "Requirements of Da'wah in Light of Contemporary Data" University of Sharjah, April 2001.
9.	Third International Forum “Religious Freedom in Islam”, Ami>r Abdelkader Islamic University, Konstantin, Algeria, 2008.
10.	Seminar “The conditions of social relations in Europe and the role of Muslims in strengthening them”, European Council for Fatwa and Research, 2019.
In addition, al-Najjar is also an activist in political and socio-religious movements. This can be seen from its affiliation in organizations both at national and international levels. For example, al-Najja>r served as Assistant Head of the International Union of Muslim Scholars; Head of the branch of International Union of Muslim Scholars in Tunisia; Assistant Secretary General in the organization of the European Council for Fatwa and Research; Chairman of the Research Center of the European Institute for the Human Sciences in Paris; member of the Tunisian National Constituent Assembly; and as a rapporteur of the Preparatory Committee and General Principles for Preparing the Tunisian Constitution.
In political and socio-religious activism, al-Najja>r is also referred to as one of the founders of the Al-Nahdhah movement since 1974. Al-Nahdhah itself is an Islamist political movement that emerged and developed in Tunisia since the Arab Springs in the Middle East. The political chaos that initially started with the self-immolation of Mohammed Bouazizi in Tunisia on December 17 2010 bursted out and ignited the anger of the entire country. The protests that turned into a revolutionary movement demanded an end to the regime of Zine el-Abidine Ben Ali who had ruled as President of Tunisia for more than 23 years. The actions of Bouazizi and the Tunisian people have further inspired similar movements in other countries in the Middle East region. In Egypt, the people's revolution succeeded in overthrowing the government of Mubarak. In Libya, the anti-Gaddafi movement held an armed resistance. Likewise in Sudan, Yemen, and Bahrain. Various changes and restructuring of leadership in conflict-affected areas have gradually led to a new direction of democratization (Amjad M. Saleem: 2012, 4).
Other than that, al-Najja>r is one of the scholars who are recognized internationally. This was evident when al-Najjar was awarded the award from Sheikh Ali ibn Abdullah for the global contribution to arbitration provided by the Ministry of Endowments in the State of Qatar in 1999 for research: Environmental Issues from an Islamic Perspective. He won the 2012 International Center of Moderation Award in Jordan as well.

THE THOUGHT OF MAQA>S}ID AL-SHARI>‘AH AL-NAJJA>R
Definition of Maqa>s}id al-Shari>‘ah
Al-Najja>r begins the explanation of maqa>s}id al-shari>‘ah by distinguishing it from al-shari>'ah. He considers the term al-shari>'ah in the Islamic tradition is often understood as commands (al-awa>mir) and ilahiyah prohibitions (nawa>hi>) regarding practical travel (al-sulu>k al-amali) in human life and contrary to the creed which is meant as commands (al-awa>mir) and prohibitions (nawa>hi>) regarding faith; intuitive recognition of the unseen nature brought by religion. The implication is that maqa>s}id al-shari>‘ah is also understood as the purpose behind laws concerning practical practice and separate from faith as the principle theme in aqidah (Abdul Maji>d al-Najja>r: 2006, 15).
Meanwhile, for al-Najjar, maqa>s}id al-shari>‘ah should be oriented to all forms of divine commands and prohibitions, both aqidah and shari’a. So based on this understanding, al-Najja>r defines maqa>s}id al-shari>‘ah as the purpose (al-gha>yah) from which the shari’a is applied at the universal, particular and reliable level; human life should run on the laws that are prescribed for them according to its goodness and benefit (Mohammad Daud Ali: 2013, 61).
This definition is in accordance with the opinion of Ibn 'A<syu>r who states that the general maqa>s}id al-shari>‘ah (al-'a>mmah) are the meanings and wisdoms that appear willed by Allah SWT (al-sya>ri') in all circumstances of the application of the shari’a or most of it. Likewise, the opinion of 'Ila>l al-Fa>si> that maqa>s}id al-shari>‘ah is the purpose and the secrets behind the laws that Allah SWT (al-sya>ri')). As Wahbah al-Zuhaili explains that maqa>s}id al-shari>‘ah are the values and objectives of the shari’a which are implied in all or most of its laws. These values and purposes are seen as the purposes and secrets of the shari’a set by Allah (al-Sya>ri') in every legal provision (Wahbah al-Zuhaili>: 2005, 307).
Furthermore, according to al-Najjar, discussion about the purposes and secrets behind the shari’a laws has a close relation with the purpose of human creation. Because if shari’a law is Allah's medium of communication to humans through taklif, then the main topic of maqa>s}id al-shari>‘ah lies in how to actualize that purpose. Of course, Allah created humans with a purpose and enforced the shari’a on humans for actualizing the purposes (Ramayulis: 2010, 50).
Based on the relation between maqa>s}id al-shari>‘ah and the purpose of human birth, the most important purpose of Islamic law (al-maqs}ad al-a'la> li al-shari>'ah al-isla> miyyah) is the ability of humans to actualize and benefit by actualizing the purpose of their existence as caliphs on earth, consists the benefit of individuals, the environment, and society for the achievement of happiness in the hereafter. This opinion is in accordance with Ibn 'A<shur>’s statement that:
"If we look at the sources of Islamic shari’a showing the purposes for which a law is prescribed, so it is clear to us, from the universal and particular arguments, that the general aim of Islamic shari’a is to protect the human system and the actualization of goodness for humans including benefit. reason, deed, and everything exists on earth where humans live.”
Jasser Auda states that Islamic law must be oriented to maqa>s}id al-shari>‘ah, namely human benefit. Any reason cannot be justified if maqa>sid shari’ah as a legal purpose is neglected, even though it has departed from a relatively correct interpretation. This is confirmed by Jasser by quoting the statement of Ibn Qayyim:
“Shari’ah is based on wisdom and achieving people's welfare in this life and afterlife. Shari’ah is all about justice, mercy, wisdom, and good. Thus, any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that does not belong to the shari’ah, even if it is claimed to be so according to the same interpretation." (Jasser Auda, 2008, xxii).
Fathi al-Da>rini> (1975: 28) states that Islamic law is not created for the law itself, but is created for another purpose, namely benefit. Meanwhile, Muhammad Abu Zahrah (2000: 552) asserts that all teachings brought by Islam contain real benefits. Allah himself asserts that the teachings of Islam both contained in the Qur'an and the Hadith of the Prophet are mercy, healing and guidance. The purpose of Allah SWT in enforcing His laws is to maintain the benefit of mankind, while avoiding mufsadat in this world and the hereafter. This purpose is to be achieved through taklif whose implementation depends on understanding the main sources of law the Qur'an and Hadith. Thus, the essential purpose of Islamic law is to bring about the benefit. There is no one law that is prescribed in the Qur'an and Hadith, but benefit in it (Faturrahman Djamil: 1997, 125).
Knowledge of maqa>s}id al-shari>‘ah for al-Najja>r is something very significant, especially in an effort to get the right understanding (al-fahm al-s}ahi>h) and the right application (al -tat}bi>q al-mursyi>d) on shari’a law. This proper understanding and application at a later stage becomes a determining factor for efforts to reach the purposes desired by Allah (Musyarri').
Al-Najjar>r in fact asserts knowledge of maqa>s}id al-shari>‘ah can be a scale (mi>za>n) in producing laws (tah}s}i>l al-ah}ka >m), either in accordance with or against the sunnah or hadith of the Prophet, as 'Aisha's criticism to Abdullah Ibn 'Umar about the corpse will be punished for the tears of his family. Besides, of course, knowledge of maqa>s}id al-shari>‘ah has a big role in the work of ijtihad in an effort to determine the law of reality. Because every effort to enforce a law, first of all it must go through setting its purposes in reality (an yuhaq}qi>q maqs}adahu fi> al-wa>qi') although sometimes time, conditions and personality become obstacles for achieving the purposes of a law at the applicating moment. And sometimes when the purpose of a law is known but it is certain that it will not be achieved if it is enforced at that time, then a mujtahid chooses to postpone the application of the law in the future when the conditions have been met and the purpose can be achieved when it is enforced.
Based on the significance of the knowledge of the maqa>s}id al-shari>‘ah, Muslim thinkers give great attention to it. According to al-Najja>r, scientific attention to maqa>s}id al-shari>‘ah is divided into three phases: first, the phase of the Fuqa>ha' and Ushuliyyu>n analyze maqa>s}id al-shari>‘ah without the use of the term specific scientific discipline but using the term causes of shari’a law ('ilal al-shari>'ah), wisdom shari’a law (h}ikmat al-sya>ri>'ah), the secrets behind shari’a law (asra>r al-shari>'ah) and so on, as well as mixed or overlapped with other themes in the science of Usul fiqh. Second, the phase where the study of maqa>s}id al-shari>‘ah becomes a separate theme from other themes in the science of Usul Fiqh and has not yet become an independent scientific discipline. Third, the phase where maqa>s}id al-shari>‘ah becomes an independent branch of Usul Fiqh.

Classification of Maqa>s}id al-Shari>‘ah
In the era of al-Sya>t}ibi> (d. 790 H.), maqa>s}id al-shari>‘ah was summarized systematically and comprehensively by placing maslah}ah as the general purpose of legal institutionalization. For al-Sya>t}ibi>, benefit as the substance of maqa>s}id al-shari>‘ah must include one of the five main elements (maintaining religion, life, reason, lineage and property). Then the five main elements are converted to three levels: primary (maqa>s}id al-daru>riyyah), secondary (maqās}id al-ha>jiyyah) and tertiary purposes (maqās}id al-tah}si>niyyah).
Fazlur Rahman (1986: 49) proposes a classification of maqa>s}id al-shari>‘ah into two main elements: monotheism (tawhid) and social justice. According to Rahman, the central values ​​of Islamic teachings lie in the value of monotheism (monotheism). Tawhid implies the centrality and urgency of God for human life. God is needed as creator, sustainer, guide and finally as judge. In addition to monotheism, the central message of the Qur'an also lies in the concept of social justice. Since the first time the Qur'an was revealed to the Prophet Muhammad, it has served as a guide to certain moral, spiritual and social problems, especially polytheism and the chronic socioeconomic inequality that existed in the prosperous Meccan merchant community. One of the principles of social justice laid down by the Qur'an is that wealth should not circulate only among the rich (Q.S. 59:7). As the embodiment of this principle, the Qur'an stipulates zakat whose objectives are detailed in Q.S. 9:60.
If we look at it in terms of its orderly purpose, then maqa>s}id al-shari>‘ah can be divided into two parts: the purpose of as}liyyah and the purpose of tabi>'iyyah. The purpose of this as}liyyah is primary which is seen as an imperative in religion; they contains the benefits which are general and absolute and are not limited by certain situations, forms and times. While the purpose of tabī'iyyah is the purpose of followers or accompanying the purpose of as}liyyah. Serves as a driving force for the actualization of the original purpose, or as a liaison and complement to the original purpose. Al-Syatibi looked at the purpose of tabī'iyyah specifically to consider human happiness or pleasure.
Furthermore, in terms of scope (syumu>l), then maqa>s}id al-shari>‘ah can be divided into three parts, namely general objectives (al-maqās}id al-'āmmah), special objectives (al-maqās }id al-khās}s}ah) and particular purposes (al-maqās}id al-juz'iyyah). The general purpose (al-maqās}id al-‘āmmah) is centered on efforts to maintain or maintain the benefit of humans in general, both in this world and in the hereafter. Al-Syatibi argues that the general purpose as the ultimate purpose of institutionalizing Islamic law is the benefit of humans in the context of maintaining religion, life, reason, offspring and property.
Meanwhile, special objectives (al-maqās}id al-khās}s}ah) are purposes related to specific purposes and objectives in certain chapters of certain chapters or fields of Islamic law studies. For instance, the purpose of institutionalizing punishment specifically in the field of jinayat is to deter (izdijar) perpetrators, or the institutionalization of t}aha>rah is to maintain cleanliness (al-nazhafah).
The particular purpose (al-maqās}id al-juz'iyyah) is a purpose related to certain issues only, without touching other issues, namely limitedly only related to specific or partial problems. It is said so because this purpose is different from the first and second objectives which are comprehensive (kulliyyah), while this section specifically deals with certain issues or specific arguments drawn from the purpose of institutionalizing Islamic law itself. This study is specific in certain issues in the field of fiqh, such as specifically regarding the problem of ablution or specifically in matters of prayer, zakat, buying and selling and so on (Ahmad al-Raisuni: 2014, 30).
In this section, al-Najja>r raises a critique by questioning the validity of this classification. According to him, if the primary purposes of shari’a (al-maqa>s}id al-dharu>riyyah al-syar'iyyah) are the pillars and foundations of the purposes of shari’a on which other shari’a purposes are built, but in the study of maqa >s}id al-shari>'ah discussion, review of issues and details are very minimal, so it is worth asking about matters relating to the existing classification of maqa>s}id al-shari>‘ah, like “are the parts in the primary purpose of preserving religion to preserving offspring really appropriate?” For instance, regarding safeguarding property, is it the primary purpose of the shari’a or does it belong to the main and high purposes (as}li> 'a>li)? Or does it go in both? Or can it even belong to primary (dharu>rah), secondary (h}a>jah) and tertiary or complementary (tah}si>niyyah) purposes at the same time? According to al-Najja>r, safeguarding assets can be classified as primary, secondary and tertiary; if safeguarding property is meant to guard against theft, then it is the primary objective; if guarding property is intended as a guarantee and evidence in agreements and contracts, then it is included in the secondary purpose; if safeguarding property is intended as a purpose of convenience in muamalah in social life, then it is tertiary. All variants of this purpose lead to the highest purpose, which is to keep the treasure but in different phase and levels.
Thus, maqa>s}id al-shari>‘ah are purposes that include the universality (al-kulliyya>t) of these purposes. So maqa>s}id al-shari>‘ah can be primary, secondary and tertiary. All the examples explored in the secondary and tertiary objectives, all of them, are come up from this principle of universality although keeping at the secondary level, still, is under the primary level as the tertiary is under the secondary.
Regarding this problem, Jama>luddi>n 'At}iyyah said, "actually the primary, secondary and tertiary levels do not have a direct relationship with maqa>s}id al-shari>‘ah, but all of them are related to media that bridging the realization of maqa>s}id al-shari>‘ah. So all the levels are based on the media (wasi>lah) degree.
According to al-Najja>r, the classification of maqa>s}id al-shari>‘ah formulated by scholars from generation to generation are aimed to ease studies, including definitions and developing the science of maqa>s}id al-shari>ah from the stage as part of the topic of Ushu>l al-Fiqh to become an independent scientific discipline. Thus, the existence of the maqa>s}id al-shari>‘ah classification provides great benefits, although it does not mean that it stops at the existing and formulated classifications. Because it is still very possible to do developments in line with the development of the study and its context as well as the dynamic development of human life.
Even the need for innovation and reform of maqa>s}id al-shari>‘ah becomes something that cannot be avoided. Al-Najja>r wrote: "if we refer to the existing maqa>s}id al-shari>‘ah classifications, especially the maqa>s}id al-shari>‘ah classifications based on the level of benefit, and we look at the section on first [al-maqa>s}id al-dharuriyyah] which getting full attention with a comprehensive and detailed discussion, then we will find that the primary objectives [al-maqa>shid al-dharu>riyyah] which are included in it sometimes have not fulfilled the primary things needed by humans today to maintain their lives, so that their lives remain stable and productive”.
For al-Najja>r, the classification of al-dharu>ra>t al-khamsah is not a final decision and it is impossible to develop and innovate on it as some Muslim thinkers assume. Because after all human life always revolves sweetly, problems, complexities and crises of life are always evolving. Therefore, it is not an exaggeration to mention that the purpose of Islamic law is not only al-kulliyya>t al-khams al-asa>siyyah as the primary purpose of shari’a, but it can still be added or developed with other primary purposes but still refers to the concept of maqa>s}id al-shari>‘ah that already exists.
Al-Najja>r shows an example that in this modern era the materialism-atheism philosophical genres are spread everywhere and have led to the emergence of violations of the meaning of humanity. Because this genre of philosophy views that human nature is not fixed. As existentialism, which holds that every human being actually creates his own essence. Also understand nihilism which views human life as meaningless (qa>'imah 'ala al-'abatsiyyah). That’s why many humans in this modern age have experienced failure and destruction of the existence of humanity in themselves.
Likewise, modern human civilization is heading towards an acute crisis that can threaten the destruction and extinction of humans, namely the environmental crisis. For al-Najja>r, protecting the environment (h}ifzh al-bi>'ah) should be also included in the category of primary objectives of shari’a (maqs}ad min maqa>s}id al-shari>‘ah al-dharu>riyyah ). As for why in the study of maqa>s}id al-shari>‘ah itself, until now it has not included hifzh al-bi>'ah as part of it, according to al-Najja>r, because at the maqa>s}idi > classic scholars time, it was not as urgent as today. Meanwhile, nowadays, the environmental crisis has become a common phenomenon that occurs everywhere—and the consequences can threaten the extinction of human life on earth.
In addition, if we observe in depth, maqa>s}id al-khamsah which has been formulated in the study of maqa>s}id al-shari>‘ah tends to emphasize individual benefits (al-mas}lah}ah al-fardiyyah) although it has a direct impact on social benefit (al-mas}lahah al-ijtima>'yyah).  It is proofed with examples of maqa>s}id al-khamsah where the majority are aimed intensively at achieving individual benefit (al-mas}lah}ah al-fardiyyah) and are not associated with social benefit (al-mas} lahah al-ijtima>'yyah) with a specific explanation. So these two seem to be something partial to each other.
Regarding this tendency, Ibn 'A<syu>r critiqued with his expression: "There is one issue that has escaped the attention of the reviewers of maqa>s}id al-shari>‘ah, is that the purpose of maqa>s}id al-shari>‘ah. The most important thing is the orderliness of human affairs, bringing benefit and preventing evil from them. Unfortunately, the attention of the jurists is only devoted to the individual goodness of humans and neglects to provide adequate explanations about social benefits and goodness.
Social life has strong relation and bond, and being an important determinant of the sustainability of human life. Thus, the thought of maqa>s}id al-shari>‘ah should make protecting society (h}ifzh al-mujtama') a part of the primary purpose of shari’a (maqs}ad min maqa>s}id al-shari>' ah al-dharu>riyyah) which is independent and explaining the principles, rules and laws clearly as the others primary purpose of the shari’a (maqs}ad min maqa>s}id al-shari>‘ah al-dharu>riyyah).
Based on the description above, then al-Najja>r proposed a new formulation in classifying maqa>s}id al-shari>‘ah, namely a classification that is intended to include solutions to complex human life problems and include universal shari’a purposes for the creation of benefit for humans as described below.

Maqa>s}id al-Shari>‘ah in Protecting the Human Life Value
According to the explanation of the Qur'an that Allah creates humans with a special character among His other creatures, namely a character consisting of material and a rational spirit as He said in QS. Al-H{jura>t: 28-29. Some of God's creatures are made up of pure spirits like angels, some are made up of pure substances like inanimate objects, some are made up of pure spirits and substances but have no sense like animals. Meanwhile, humans are created based on a special character that forms their permanent identity, and therefore they are burdened with law (takli>f). Then Allah sent messengers to mankind to explain to them the truth, design a way of life for them, and explain that the purpose of his creation was to embrace the religion brought by the apostles as explained in the QS. Al-Dza>riya>t: 56.
Al-Najja>r explains that if embracing religion and worshiping Allah is the purpose of human creation, then human life is closely related to the form of obedience to religion. So that human life is closely related to efforts to realize in maintaining the diversity of the religion sent by God and guarding the meaning of humanity which is covered by human’s character.
First, the purpose of preserving religion (h}ifzh al-di>n). Al-Najja>r states that preserving religion is the highest purpose (al-maqs}ad al-a'la>) in the hierarchy of universal-general purposes (maqa>shid al-kulliyah al-'amma>h) because it relates to with the nature and value of human existence. Even it is the main principle for realizing the meaning and value of human life; if it is achieved, then the highest purpose of the shari’a, which is “humans becoming caliphs” will be achieved.
Al-Najja>r says that preserving religion is that laws should guarantee convenience for anyone who chooses faith in religion and embraces it with the totality of belief and practice without any hindrances and invalids over it. Thus, when religion comes with an explanation of all aspects of life, individual and social, then preserving religion means relating to the ease of religion and rejecting all obstacles in all aspects of life. For example, a Muslim can continue to pray and reject all obstacles that get in the way of performing the prayer. Or in a social context, people should be able to live together on the basis of religion in social relations.
Based on the above, al-Najja>r then criticizes the understanding that simplifies hifzh al-di>n is only dealing with a person's religion. For al-Najja>r, hifzh al-di>n has wider scope which includes all laws in religion. And the law in religion covers all aspects of life. This view is in accordance with what was once stated by Ibn 'A<syu>r that "hifzh al-di>n is guarding the religion of every Muslim from everything that can damage his beliefs and deeds. Whereas human hifzh al-di>n generally is to prevent everything that can damage absolute religious principles (us}u>l al-di>n al-qat}'iyyah) ".
Religion is the foundation of life which is being the purpose of human existence, so al-Najjar>r asserts that hifzh al-di>n is the highest purpose (al-maqs}ad al-a'la>) in the hierarchy of the purposes of shari’a in general (al-maqs}ad al-a'la>). -maqa>s}id al-'amma>h). Therefore, in the maqa>s}id al-shari>‘ah literature we often find some scholars placing h}ifzh al-di>n as part of the primary purpose (al-maqa>s}id al-dharu>riyyah) followed by protecting the soul (h}ifzhal-nafs),  mind (al-'aql), property (ma>l), and offspring (nasl).

Maqa>s}id al-Shari>‘ah in Protecting the Humanity Essence
Al-Najjar divides the purpose of protecting the essence of humanity into two parts. First, protect the soul (h}ifzh al-nafs). Al-nafs itself by al-Najjar is defined as the whole of human existence with its different elements. Meanwhile, the existence of human essence (kaynunat al-dza>t al-insa>niyyah) is not different with the existence of the whole essence which includes weakness (al-dha'f) and strength (al-quwwah).
The definition of hifz al-nafs is the fulfillment of the causes of strength and preventing the causes of weakness in humans by measuring whether or not they are able to carry out their duties and functions. That’s why hifzh al-nafs becomes one of the objectives of shari’a law and even the general purpose of shari’a law, just like what Allah said on QS. Al-Baqarah: 195.
As it is understood that the essence of human naturally consists of two elements: physical (ma>ddi>), namely the body and non-physical (ma'nawi>), namely the spirit. Then hifzh al-nafs as one of the objectives of shari’a law is also aimed at both. So al-Najja>r divides hifzh al-nafs into two. First, protecting the physical soul (al-h}ifzh al-maddi> li al-nafs). According to al-Najja>r, although the human body is nothing but clothing (mala>bis) for the spirit, it becomes the object of the enforcement of rules and laws (qawa>ni>n). The law deals with the causes of human survival, development, and life force. There are also those related to the weakness, fragility and destruction of human life. That’s why Islamic law commands all matters relating to the survival, growth and strength of human life while at the same time prohibits all matters relating to the weakness, fragility and destruction of human life.
Second, maintaining the mind (hifzh al-'aql). Mind is the highest power possessed by humans and that is the reason why humans accept takli>f, as well as that’s what makes human different with animals. According to al-Najjar, naturally mind is a power in humans that can understand, distinguish and judge. Like the soul, the mind also consists of two parts, physical and non-physical. The physical part of the mind is the brain and nerves. While the non-physical part of the mind is all the forms of information in it. Therefore, the maintenance of mind is also divided into two.

Maqa>s}id al-Shari>‘ah in Protecting the Society
The main duty carried out by humans based on religion, namely being a caliph on earth, cannot be carried out except within the community scope. Because this duty cannot be achieved by individual dedication by a person but requires collective solidarity among community members who complement each other's efforts. As the presence of laws in maintaining individual humans such as protecting the soul and mind, the main purpose of Islamic law also includes the maintenance of communal human beings as long as it becomes a supporting factor for humans to carry out their caliphate duties. Even this hifzh al-mujtama' is also a maqa>s}id al-shari>‘ah al-dharu>riyyah because the implementation of human tasks also depends on it; if the hifz al-mujtama is not implemented, then all the affairs of human life become chaotic and humans fail in carrying out their duties as caliphs on earth.
Al-Najja>r divides maqs}ad hifzh al-mujtama' into two parts. First, the purpose of maintaining offspring (maqs}ad h}ifzh al-nasl). Society is a collection of individuals who are hereditary. If human individuals consist of healthy and safe physical and mental conditions or weak and sick, then so is society. These two entities, their conditions, are always connected and bound to each other. So that the continuity of generations in a society becomes something very important.
Islamic law pays high attention to maintaining society through the maintenance of offspring who continue the continuity of the formation of society. So that maintaining offspring is one of the purposes of Islamic law that is influential in maintaining society so that it is maintained and effective in helping humans carry out their duties as caliphs.
In the study of maqa>s}id al-shari>‘ah, hifzh al-nasl or in other terms hifzh al-nasab are included in the five primary purposes. The definition seems varied; sometimes it is simplified with the explanation of maintaining the nasab  relationship of child to father; sometimes it becomes broad which includes giving birth and caring for children by educating them. Meanwhile, al-Najja>r tends to combine the two meanings.
From the definition of hifzh al-nasl above, the continuity of generation to generation with the birth of sufficient children is to replace the previous generation can guarantee the survival of society. On the other hand, if the birth of a new generation is halt, then society also will be extinct or—at least— be weak because only the older generation will remain if the population that dies is more than the generation that was born. Consequently, if only older generation are left, then humans will not be able to fulfill the duties they carrying out, which is being the caliph.
As for hifzh al-nasl in the concept of hifzh al-nasab is the nasab relationship of a child and his father is clear and produced through a legal and syar'i relationship; meet the requirements and laws governing marriage. The reliance of lineage on the family in a syar'i legal way can make a child have a strong relationship in his community as well as his strong relationship with his family which is the first forerunner to the formation of a society. Next, al-Najja>r explains the method and stages of hifzh al-nasl into two parts; keep offspring by birth and keep offspring by keeping lineage (nasab).
Second, the purpose of maintaining the existence of society (hifzh al-kaya>n al-ijtima>'i>). As explained in the previous section that humans cannot fulfill the duties they carrying out as their creations unless they are incorporated in the structure of society, then the structure of this society will not have any effect on humans unless it protects them from all forms of damage that can scatter them. Although hifzh al-nasl is one of the basic maqa>s}id al-shari>‘ah and is the main element in protecting society, it is not enough.
According to al-Najja>r, there are two other substantial things in an effort to maintain the existence of society. First, maintaining social institutions (hifzh al-muassasasiyyah al-ijtima>'iyyah). This social institution by al-Najjar>r interpreted as a public property built on the basis of the existence of the community. In other words, it is a determining element of community solidarity. This section is then classified into three: maintaining institutional traditions, maintaining family institutions and maintaining state institutions.
Second, maintaining social relations (hifzh al-'ala>qa>t al-ijtima>'iyyah). If institutions and traditions are the cause of maintaining the community, but this is not enough because even though social institutions are built and institutional traditions are created, often the relationships between the community structures either between individuals, officials or existing institutions have not been built well. For instance, an authoritarian government system, the emergence of many conflicts and hostilities or differences in social class that cause tension in society. Therefore, good social relations between members and the structure of society must be maintained so that unity, solidarity, security and stability are also created in the social life of the community. This section is classified by al-Najja>r into three parts: maintaining brotherly relations (al-hifzh bira>bit} al-ukhuwwah), maintaining justice and maintaining solidarity.

Maqa>s}id al-Shari>‘ah in Protecting the Physical Environment
The main duty carried out by humans as caliphs on earth is impossible except in an adequate physical environment, such as the condition of the soil, climate and temperature conditions. On the other hand, if the environment is not adequate, humans cannot carry out their duties. Allah creates the physical environment so that it can be used as well as possible by humans as emphasized in the QS. Al-Ja>tsiyah: 13.
As for the physical environment in which humans live, according to al-Najjar, consists of two main elements. First, wealth or property which is the result of human use of everything on earth, such as agricultural, plantation, and mining products. Keeping this wealth or property, according to al-Najjar, is the purpose of the shari’a, because it is a guarantee for the continuity of human existence. However, of course, this form of maintenance must be done in good and proper ways. Because wealth and property owned by humans are generally obtained from agricultural products that have gone through a processing process. Agricultural products, both from plants and animals, are all part of the environment.
Hence, keeping wealth and property is a form of preserving the physical environment. On the other hand, damaging and neglecting property is also part of the destruction and pollution of the environment. For example, property obtained from agricultural products, plantations and agriculture, if managed in a bad way—with the emergence of waste and chemicals, it will indirectly have a negative impact on soil and water quality. Meanwhile, water and soil are important elements of the environment.
	Furthermore, al-Najja>r explains that efforts to keep wealth and property are done through five efforts: protecting wealth by business and development, protecting wealth from damage, protecting wealth by maintaining ownership rights, protecting wealth by maintaining value and its price, and safeguarding the wealth and property with publication and distribution.
	Second, the purpose of preserving the environment (maqs}ad hifzh al-bi>ah). Al-Najja>r explains that what is meant by hifzh al-bi>ah is protecting nature (al-mah}dhan al-t}abi>'i>) which is a place for human life. Everything on earth, both plants, animals and inanimate objects, has a direct influence on human life (anna laha> 'alaqatan bi al-hayah al-insa>niyyah wa ta'tsiran fi>ha>). This environment and its contents are a gift provided by Allah to meet human needs and survival as confirmed in the QS. Al-Ja>tsiyah: 13.
	Thus, Allah's vision of creating this natural environment is nothing but for the benefit of human life—and from it humans can fulfill their duties and functions as caliphs on the earth. Therefore, when humans commit acts of corruption against the environment, they are actually destroying their lives and creating obstacles to the fulfillment of their caliphate duties. And finally, the consequences of destructive actions on nature and the environment can create a weak human civilization and an environmental crisis for humans.
	Unfortunately, this in-depth study of h}ifzh al-bi>'ah has not received serious attention in Islam. Regarding this matter, it is stated that in the literature of Muslim intellectual thought, human rights are always associated with the concept of basic needs, ushu>l al-khamsah. The rights in question are the maintenance of five basic principles: (1) protection of religion (h}ifzh al-di>n), (2) protection of the soul (hifzh al-nafs), (3) protection of mind (hifzh al-'aql), (4) protection of offspring (hifzh al-nasl), and (5) protection of property/wealth (hifzh al-ma>l). In this context, studies on environmental protection and conservation are considered less significant in the repertoire of Islamic thinkers, even though hifzh bi>'ah is a prerequisite for reaching maqasid al-khamsah. The benefit of the people can only be come true if nature, the earth or the environment, where humans take shelter, are preserved in balance and sustainability.
	When the maqa>s}idi> scholars (ulama) have not described that this small human can and has the potential to do big damage to nature and can cause big harm to human life. Even these actions can threaten the extinction of the world's life. Thus, according to al-Najja>r, hifzh al-bi>'ah should be one of the primary purposes of Islamic law (maqs}adan dharu>riyyan) together with hifzh al-ma>l—both of which are the highest purposes of Islamic law as part of the purpose to preserve the material environment as a place for human life.
	Thereafter, al-Najja>r explains that efforts to preserve the environment can be done in four ways: protecting the environment from all forms of destructive actions, protecting the environment from pollution and pollution, protecting the environment from excessive consumptive behavior and protecting the environment by revitalizing.

CONCLUSION
	Based on the description above, it can be understood that al-Najja>r positioned maqa>s}id al-shari>‘ah as a central part in the vast universe of Islamic law studies. The centrality of maqa>s}id al-shari>‘ah is in its position as a purpose (al-gha>yah) and wisdom (al-h}ikmah) the enactment of shari’a law, either at the universal, particular and reliable level which covers all religious objectives; its scope extends to commands (awa>mir) and prohibitions (nawa>hi>) in the practical dimension of action on the one hand and the dimension of human creed on the other. Although this purpose is manifested more clearly in the matter of Islamic shari’a laws with the availability of a wider "space" for ijtihad than in matters of faith. The main purpose to be achieved from maqa>s}id al-shari>‘ah is benefit for human life both in the world and the hereafter.
	All of these, for al-Najja>r departed and was based on the main purpose of human creation, which is as caliph on the earth and as servants for Allah. Because if shari’a law is the medium of Allah's khit}a>b towards humans through law imposition (takli>f), then the central topic of maqa>s}id al-shari>‘ah is about how to realize this purpose. So that knowledge of maqa>s}id al-shari>‘ah is something that is very significant, especially in an effort to get the correct understanding (al-fahm al-s}ahi>h) and the correct application (al-tat}bi>q al-mursyi>d) on shari’a law as well as being the scales (mi>za>n) in producing laws (tah}s}i>l al-ah}ka>m). The correct understanding and application at the next stage will become a determining factor for efforts to realize the purposes of shari’a law as desired by Allah (Musyarri').
	Here are some innovations of maqa>s}id al-shari>‘ah thought proposed by al-Najja>r: in critical reform of the classification and level of maqa>s}id al-shari>‘ah. He considers the classification and level of maqa>s}id al-shari>‘ah to the primary (dharu>rah), secondary (h}a>jah) and tertiary or complementary (tah}si>niyyah) purposes formulated by maqa>s}idi> thinkers in general are not final (ghayr al-niha>iyyah) and rigid (mulzimah), but flexible according to the level of dynamic human needs. He considers maqa>s}id al-shari>‘ah are purposes that include universality (al-kulliyya>t) and because of this, all classifications and levels of purposes of the shari’a lead to it. Similarly with al-Najja>r's efforts to make the study of maqa>s}id al-shari>‘ah oriented to the benefit of humans which reaches the social-universal point (al-mas}lahah al-ijtima>'yyah) from the tendency of individual-partial benefit orientation (al-mas}lah}ah al-fardiyyah). It can be seen, in particular, when al-Najjar>r classifies the primary and highest purposes of shari’a law into four main things: protecting the value of human life (h}ifzh qi>mat al-h}ayah al-insa>niyyah), protecting the human essence (h}ifzh al-dza>t al-insa>niyyah), protecting the society (h}ifzh al-mujtama') and protecting the physical environment (h}ifzh al-muhi>t} al-ma>ddi>). Each part of the four maqa>s}id consists of two sub-maqa>s}id. So overall maqa>s}id al-shari>‘ah is divided into eight purposes (maqa>s}id). The classification conceptualized by al-Najjar>r is come up from his efforts to make maqa>s}id al-shari>‘ah oriented towards achieving universal and social human benefit from merely achieving partial benefit and tends to be individual.

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