the theory of maqasid shariah

7/28/2019 The Theory of Maqasid Shariah

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How to determine good and bad

As a Muslim, we must believe that every decided by Allah s.w.t uponmankind is for the benefit of mankind themselves.

As a Muslim, we must believe that the final determination of good and bad isbelonged to Allah s.w.t.

There is principle which says :

Good is something considered as good by sharie and bad is somethingconsidered bad by sharie (Allah)

Sometimes, we may find the reason behind these various ahkams, and thereare some ahkams, where only God realizes about their reasons.


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In another verse al- Quran describes the Shariah as a

healing, as a guidance and mercy for mankind:

(:57)

O mankind! There has come to you a good advice from your Lord (i.e. the Qur'an, ordering all that is good and forbidding allthat is evil), and a healing for that (disease of ignorance,doubt, hypocrisy, etc.) in your hearts, a guidance and a mercy)explaining lawful and unlawful things, etc.( for the believers.(Yunus: 57)


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( ):165

Allah said:

Messenger who gave good news as well as warning,that mankind after the coming of the messenger, shouldhave no plea against Allah


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Ibn Qayyim al-Jawziyyah : The Shariah aims at:

a. Safeguarding people's interestb. Preventing harm from them in this world and the next

He further explains that if the injunctions of al- Quran

is not aimed at bringing benefit, than it will be adisastrous for all mankind and there is no benefit forthe revelation

Therefore fiqh, with all different parts of it (Ibadah,Muamalah, jinayah etc) were revealed to benefithuman beings and prevent harm from them, and it isalso part of the mercy from Allah to mankind.


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al-Shatibi [Ibrahim ibn Musa, Abu Ishaq, 790AH]:

al-Maslahah is the only prime objective of the Shariah

[This is broad enough to comprise all measures that are beneficial tothe humankind]

He defines Maslahah as: providing benefits and preventingharms ( )

The majority of scholars or al- Fuqaha agrees that most of the injunctions of Shariah were revealed with certainobjectives and reasons.

These objectives are rational objectives and are easy tobe identified except in certain injunctions related to therituals (ibadah) which is only known by Allah The Creatorand there is no necessity for the human being to know

these objectives.


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Different Categories of the Sharie ahkam

Maqasid

Al-Ahkam

Reasons arediscovered

Reasons are notdiscovered


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Different Categories of the Objectives of Shariah

Essentials

MAQASIDAL-SHARIAH

ComplementaryEmbellishment


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The Essentials[Daruriyyat]

The matters on which the religion and worldly affairs of the people depend on them, their neglect will lead tototal disruption and disorder and it could lead to bad

ending. The protection of these values mean:

a. Executing all the necessary measures in order toensure the realization of these values.

b. Ensuring that all the obstacles that will obstruct theimplementation of these values be removed.


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These essentials can be further divided into five different

sections or five fundamental values termed as [al-Daruriyyat al-Khamsah] which are necessary to humanlife.

These five values are:

a. Protection of al-din (religion)b. Protection of life (al-nafs)

c. Protection of dignity or lineage (al- ird)d. Protection of intellect (al- aql)e. Protection of property (al-mal)


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al-Daruriyyat al-Khamsah

ProtectionOf

Religion

ProtectionOf

LifeFIVE

FUNDAMENTALVALUES

ProtectionOf

Dignity

ProtectionOf

Intellect

ProtectionOf

Property


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Protection of Religion

It is obligatory upon each and every Muslims to protecthis al-din at personal level and at every level.

Protection of religion at personal level:

The observance of the different kind of ibadah, such asperforming the five prayers, fasting , paying of zakah andperforming hajj.

By executing or performing this rituals our iman will increaseand will therefore be a shield to protect us from committing sinor becoming apostate and indulging in any action that willoffend our belief.
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At a wider scope, the protection of al-din involvesdefending Islamic faith particularly if it is attacked by theenemy of Islam ( Jihad ). This can be achieved through

various appropriate means such as in writings, in speechand other practical means of action ( dakwah ).

The prophet Muhammad s.a.w said in a hadith:

Whomsoever witness any evil (munkar), he has to change it by hishand (using of force), if he is unable (have no power) to do so,then he has to change (the evil) by his tongue (speaking), if he isunable to do so, than he has to hate the evil in his heart and that is

the lesser degree of Iman.


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Life is essential and valuable to everyone, thus it must beprotected at all cost and in all circumstancesProtecting everyones life is equally important and obligatory toeach and every individual and societies regardless to their status

Allah said in the Quran:

And do not kill anyone which Allah has forbidden, except for a justcause. And whoever is killed (intentionally with hostility and oppressionand not by mistake), We have given his heir the authority [(to demandQisas, Law of Equality in punishment or to forgive, or to take diyah(blood money)

[Al-Isra : 33]

Protection of Life


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In order to protect life, the Shariah has enactedsevere punishment for those who kills other.

O you who believe! Al-Qisas (the Law of Equality inpunishment) is prescribed for you in case of murder: thefree for the free, the slave for the slave, and the femalefor the female. But if the killer is forgiven by the brother

(or the relatives, etc.) of the killed against blood money,then adhering to it with fairness and payment of the bloodmoney, to the heir should be made in fairness.

[Al-Baqarah: 178]


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Islam has also regulated the relationship of between man and womenin order to protect their dignity. Therefore free mixing between thetwo sexes is disallowed and there are several principles that regulatethis matter such as:

a. Unmarried man and women shall not be with a strange person(non-mahram)esp. in isolated areas.

b. There should not be unnecessary contact between the two sexes

As a solution, Islam has regulated the relationship between men and women by encouraging them to enter into marriage contract in orderto protect themselves from evil deeds and to protect their dignity.

The Prophet s.a.w. is reported to be saying in a Hadith:

O Youth! Those of you who have the means to get married shall doit, as it is better to protect your eye and your desire, as for those whoare unable to do so, he shall fast as it is a protection for you


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The prohibition of adultery in Islam is anothermanifestation of the protection of dignity. Adultery whichis an immoral practice will lead to the spread of different

evils and problems in the society such as the illegitimatechild, irresponsible parents and others.In order to prevent such problem Islam has imposedsevere punishment for those who commit adultery.

The woman and the man guilty of illegal sexual intercourse, flog

each of them with a hundred stripes. Let not pity withhold you intheir case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness theirpunishment.[Al-Nur: 2]

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Al- aql or the intellect is a great gift from Allah s.w.t. tomankind. This is one of the capacities that differentiateman with animals.

Allah s.w.t. has ordered that everyone should protect thisprecious gift from Allah by utilizing the mind power forthe benefit of all.

Protection of intellect/mind means that we safeguard itfrom anything that might harm the ability and functionof brain.

Protection of Intellect


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The consumption of liquor or any similar substance suchas drug, chemical mixture that will disturb the function of brain

O you who believe! Intoxicants (all kinds of alcoholicdrinks), gambling, AlAnsab , and AlAzlam (arrows forseeking luck or decision) are an abomination of Shaitan 'shandiwork. So avoid (strictly all) that (abomination) inorder that you may be successful. [al-Maidah: 90]

Example


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( )

:91 Satan's plan is (but) to excite enmity and hatred between you,

with intoxicants and gambling, and hinder you from theremembrance of God, and from prayer: will ye not then

abstain?


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Islam recognizes the function of al-mal at individual,family, society or national level.

Therefore Islam didn t prohibit the Muslims from

acquiring al-mal and certainly didn t deny & refuse toacknowledge their desire as human being to haveproperties of their own.

Regarding this matter, Islam has ordered that no oneshould transgress and no one should acquire theproperty of others without legitimate reasons andwithout proper contract.

Protection of Property


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Legitimate reason:

The cause that drive us to own or posses that particularproperty. If the cause is unjust and unlawful orforbidden then the act of acquiring it is forbidden too

Proper contract:The legitimate medium of acquiring the property.Acquiring property must been made through propermechanism of shariah.

[Al-aqd /the contract]


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And eat up not one another's property unjustly (in anyillegal way e.g. stealing, robbing, deceiving, etc.), norgive bribery to the rulers (judges before presenting yourcases so that you win the case) that you may knowingly

eat up a part of the property of others sinfully . [Al-Baqarah: 188]

Example


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Islam has imposed severe punishment for those whosteal the properties of other. Chopping of the hand

of a thief is the punishment for those convicted forstealing

Allah said:

Cut off (from the wrist joint) the (right) hand of thethief, male or female, as a recompense for thatwhich they committed, a punishment by way of example from Allah. And Allah is All Powerful, AllWise . [al-Ma idah: 38]


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Kind of interests or benefits whose neglect leadsto hardship of the individual or hardship tocommunity but does not lead to the total disorderof normal life.

There are many examples of al-Hajiyyah such asthe facilities (rukhsah) that the Shari ah hasgranted in regards to Ibadah.

E.g. Shariah has give facilities to the travelers andthe sicks to combined and shortened their fiveobligatory prayers (al-jam wa qasr) . The Shari ahalso gives facilities to them to break their fast

during ramadhan

The Complementary[Hajiyyat]


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The embellishments refer to interests whose realizationleads to improvement and the attainment of that which isdesirable.

It is like the observance of cleanliness in personalappearance and in ibadah, moral virtues.

The disappearances of tahsiniyyah will not interrupt thenormal life; however, it might lead to the lack of comfortin life.

The injunctions revealed in the quran and sunnah not onlyaim at administering the essential elements of our life, italso aim at satisfying our needs [the hajiyyat] and morethan that it also aim at making the human life morecomfortable by imposing or suggesting additional and

extra values that they should have in their life.

The Embellishment[Tahsiniyyat]


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Additional Objectives of al-Shari ahEDUCATING THE INDIVIDUAL

One of the objective of Shari ah is to educate theindividuals. All the different injunctions of Shariah seek to educate the individuals and inspire them with faithand instills in them the qualities of being trustworthy and righteous. It is through reforming the individualthat Islam aims at achieving its social goals. Theinjunctions of Shari ah related to ibadah, mu amalah,

jinayah and all other branches are a part of the Islamiceducational programme; they are all designed so as toeducate the believer, to enable them to be a usefulmember of society and refrain from causing harm toothers.For example: The ibadah, in all of its varieties, aim atpurifying the mind and heart from corruption,selfishness and indulgence in material pursuits.


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UPHOLDING OF JUSTICE

Upholding the principle of justice is another basicobjectives of Shari ah in the social sphere.

Adl literally means placing things in their right place

where they belong. It is to establish a balance by way of fulfilling rights and obligations and by eliminating excessand disparity in all spheres of life. The concept of justicein Shari ah is not confined to the judicial aspects but itcover all area of life including individual justice, socialjustice and international justice.


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... We sent Our Messengers and revealed the Book through

them so as to establish justice among people [ Al-Hadid :25]

the theory of maqasid shariah

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