MAQASID AL-SHAR’IYYAH (Purposes of Islamic law)eidted2021.docx
MAQASID AL-SHAR’IAH (PURPOSES/ OBJECTIVES OF ISLAMIC LAW)
BASIC CONCEPTS AND GENERAL/MAIN
OBJECTIVES OF SHARI’AH
🞭 Maqasid al-Shar’iyyah refers to the purposes and aims of the Shari’ah.
🞭 i.e. the realization of benefit (maslahah) to the people concerning their affairs both in this world and the hereafter
🞭 2 Main objectives;
🞭 i)to secure benefits for the people
🞭 ii) protecting them against corruption and evil.
EVIDENCES OF MAQASID AL-SHAR’IAH IN THE QURAN
🞭 This purpose was clearly addressed in the Quran in several ways (characters):
1)when Allah swt mentioned the most important purpose of sending the Prophet (saw) to the mankind
🞭 “And we have sent you (O Muhammad (saw)
not but as a mercy (al-anbiya: 21;107)
EVIDENCES CONTINUE…
🞭 The word’ mercy’ (rahmatan) in the above verse can also mean compassion, kindness, goodwill and beneficence.
🞭 In general, the word rahmatan will include all that offer benefit to the mankind and prevents harm and is harmonius with human needs. I.e the different rules which were laid down in Islam including the rule of ‘ibadat, the rule of mu’amalat and the rule of jinayat etc were revealed to benefit human beings and to prevent them from harm and all of these are part of mercy to human kind.
EVIDENCES CONTINUE…
🞭 Ibn Qayyim al-Jawziyyah while explaining the above verse states that The Shar’iah aims at safeguarding the people’s interest and preventing them from harm in this world and the hereafter;
🞭 He quotes that;
🞤 “Shari’ah in it’s entirety is justice, mercy and freedom”
EVIDENCES CONTINUE…
🞭 2) When the quran describes Shari’ah as a healing, a guidance and mercy to the human kind
🞭 “ O mankind! There has come to you a good advice from your Lord (i.e. the Quran ordering all that is good and forbidding all that is evil), a healing for that (disease of ignorance, doubt, hypocrisy and differences, etc.) in your hearts, - a guidance and a mercy (explaining lawful and unlawful things, etc) for the believers.
🞭 (Yunus; 10:57)
🞭 3)adl/qist (justice ) is also manifested through rahmah but it can also be a principal objective of the Shariah in its own.
🞭 i.e.The Quran states;
🞭 “ We sent our messengers and revealed through them the Book and the Balance so that justice may be established among
mankind” (57:25). “adl as primary objective of Shari’ah as mentioned 53 times in the
Quran. ‘Adl literally mean to place things in tneir right and proper place
🞭 4)Tahdhib al-fard (to train the individual esp to be a good Muslim) for e.g when the Quran expounds on requirement for a wudhu’ for prayer it states;
🞭 “ God does not wish to inflict hardship on you but to make you clean and to complete His favour upon you” (5:7)
🞭 “ …and perform salah. Verily, salah prevents commission of great sins and all kinds of evil… (al-ankabut: 29:45)
🞭 Al- Shatibi in his famous book ‘al-Muwafaqat’ emphasized that one of the sole purpose of Shari’ah is maslahah and it comprises all measures that are beneficial to the people. He states that;
🞭 “ Maqasid al-Shar’iyyah is to free man from the grip of his own whim and fances so that he may be the servant of Allah”
🞭 Therefore rahmah and maslahah can be used synonymously and the was agreed by the Ulama
DIVISION OF AL-MAQASID ACC TO AL-GHAZALI…
🞭 Al-Ghazali has divided the maqasid into two:
🞭 Dini or purposes of the hereafter
🞭 Dunyawi or purposes pertaining to this world
🞭 Both puposes are to secure and preserve benefit to mankind and to remove harm which can inflict on mankind.
CATEGORIES OF THE MAQASID
🞭 Basically maqasid is classified into three according to its level of importance;
🞭 1)The Essentials (daruriyyat)
🞭 2)The Complementary (hajiyyat)
🞭 3)The Embellishments (tahsiniyyat)
🞭 All the different injunctions of the Shari’ah aim at the realization of one or the other kinds of the above objectives
CATEGORIES OF MAQASID CONTINUE…
🞭 The essentials are also known as primary purposes or primary maqasid; as the Shari’ah as a whole seeks primarily to protect and promote these essential values.
🞭 a mukallaf person must observe and protect regardless of his personal interest
🞭 While the Complementaries and and the embellishments are also known as the secondary purposes or secondary maqasid.
🞭 a mukallaf will have some flexibility and choice.
THE ESSENTIALS (AL-DARURIYYAT)
🞭 The essentials are matters on which the religion and the worldly affairs depend upon; their neglect will lead to total disruption and disorder and could lead to an undesirable end.
🞭 These must be protected and all measures that aim at safeguarding them must be taken whether by the individual, or by government authorities
DIVISION OF THE ESSENTIALS (DARURIYYAT)
🞭 The essentials are divided into five protection of fundamental values:
🞭 Protection of religion ( al-din)
🞭 Protection of life (al-nafs)
🞭 Protection of dignity or lineage (al-ird/al-nasl)
🞭 Protection of intellect (al-‘aql)
🞭 Protection of property (al-mal)
PROTECTION OF AL-DIN
🞭 Al-din is the most important value that must be protected by the Muslims.
🞭 It is obligatory on each Muslims to protect al- din all times.
PROTECTION OF AL-DIN CONTINUE…
🞭 Examples:
🞭 1) The protection of al-din at individual level is achieved through the observance of the
different kinds of ‘ibadah
🞭 e.g. performance of five daily prayers, fasting, zakat etc
🞭 “ …and perform salah, Verily, salah prevents from great sins (alfahsha’) and every kind of evil (almunkar) (al-Ankabut: 25)
PROTECTION OF AL-DIN CONTINUE…
🞭 2)Protection of al din in its wider scope involves defending the Islamic faith particularly if it is attacked by the enemy of Islam.
🞭 Accordingly Allah swt has enacted the law of jihad (waging of war) and commanded Muslims to defend their faith.
🞭 “ And fight in the Way of Allah those who fight you, but transgress not the limits. Truly Allah likes not the transgressors.(al-Baq: 190).
PROTECTION OF AL-DIN CONTINUE…
🞭 3)The responsibility to protect al-din also falls under the category of preventing evil (al-amr bi al-ma’ruf wa al-nahy ‘an al-munkar). This as mentioned by the Prophet (saw);
🞭 “ Whoever witnesses any evil (munkar), he has to change it by his hand (using of force), if he is unable (has no power) to do so, then he has to change (the evil) by his tongue (speaking), if he is unable to do so, the he has to hate the evil in his heart and that is the lesser degree of iman
PROTECTION OF AL-NAFS
🞭 Life is an essential and valuable to everyone.
Therefore, it must be protected in all circumstances.
🞭 The Quran emphasizes;
🞭 “ And do not kill anyone who Allah has forbidden except for a just cause. And whoever is killed (intentionally with hostility and oppression), We have given his heir the authority. But let him not exceeds the limits in the matter of taking life, verily he is helped (by the Islamic law) (al-Isra’;33)
PROETCTION OF AL-NAFS CONTINUE…
🞭 In order to protect life, the Shari’ah has
enacted a severe punishment for those who kill others; that is death penalty
🞭 “O you who believe! Al-Qisas (law of equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or relatives etc) of the killed against blood money, then adhering to it. (Al.Baqarah: 178)
PROTECTION OF DIGNITY OR LINEAGE (AL- IRD/AL-NASL)
🞭 Islam is very concerned about the dignity of a person and emphasized the importance of protecting the dignity.
🞭 Protecting of dignity includes protecting individual rights to privacy and not exposing or accusing others of misbehaviours.
🞭 It also means ensuring that the relationships between men and women are done in respectful and responsible way
PROTECTION OF DIGNITY CONTINUE…
🞭 E.g.Islam enjoins marriage and prohibit false accusation and fornication/adultery
🞭 (al-Nisa: 3) & Hadith
🞭 “ O youth! Those of you who have the means to get married shall do it, as it is better to protect your eyes and your desire, as for those who are unable to do so, he shall fast as it is a
protection for you”
PROTECTION OF DIGNITY CONTINUE…
🞭 And those who accuse chaste women, and produce not for witnesses, flog them with eighty stripes, and reject their testimony forever, they indeed are the Fasiqun (liars, rebellious, disobedient to Allah (al-Nur: 4).
PROTECTION OF DIGNITY CONTINUE…
🞭 “The woman and the man guilty of adultery or fornication, flog each of them with a hundred stripes; Let no compassion move you in their case, in a matter prescribed by Allah, if you believe in Allah and the Last day; an let a party of the believers witness their punishment”
🞭 Al-Nur; 24: 2
PROTECTION OF THE INTELLECT OR MIND (A’-
‘AQL)
🞭 Al-‘aql or the intellect is a great gift from Allah
swt to the mankind.
🞭 This is one of the human capacities that differentiates man from animal.
🞭 Protection of the mind requires safeguarding it from anything that might harm the ability and functions of the brain.
PROTECTION OF AL-‘AQL CONTINUE…
🞭 E.g. consumption of liquor or similar substances that will upset the functions of the brain.
🞭 The Quran forbids liquor as it says:
🞭 “O ye who believe! Intoxicants and gambling,
(dedicating of) stones, and (divination by)
arrows, are an abomination of satan’s handiwork, eschew such (abomination), that ye may prosper” (Al-Maidah: 90)
PROTECTION OF AL-’AQL CONTINUE…
🞭 Punishment for those who drink liquor with eighty lashes; hadith
🞭 “ Anas bin Malik reported that Allah messenger (saw)
gave a beating with palm branches and shoes, and
that Abu bakr gave forty lashes. When “Umar (became the Commander of the Faithful) and the people went near to pastures and towns, he said (to the Companions of the Holy Prophet (saw)); What is your
opinion about lashing for drinking? Thereupon, ‘Abd Rahman b ‘Auf said,: My opinion is that you fix it as
the mildlest punishment. Then ‘Umar inflicted eighty stripes”
PROTECTION OF PROPERTY (AL-MAL)
🞭 Property is one of necessities of human kind.
🞭 Islam ordered that, no one should transgress and acquire the property of others without legitimate reasons and without proper contract.
🞭 “And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that you may eat wrongfully and knowingly a little of )other) property” al- Baq: 188.
PROTECTION OF AL-MAL CONTINUE…
🞭 Islam also prohibits stealing the property of others and provide severe punishment for stealing. The Quran states to the effect;
🞭 “As to the thief, male or Female, Cut off his or her hands: A punishment by way of example, from Allah for their crime: And Allah is exalted in power, full of wisdom” (al-Maidah: 38)
THE COMPLEMENTARY INTERESTS (AL-HAJIYYAT)
🞭 The complementary interests (al-hajiyyat) on the whole supplement the five essential interests.
🞭 It refers to those interests whose neglect leads to hardship of the individual or community although it does not lead to the total disruption of normal life.
AL-HAJIYYAT CONTINUE…
🞭 E.g. a)The enjoinment of bai’ al-salam (forward sale) and istisna’ (contract of manufacturing) in mu’amalat
🞭 b)Rukhsah in regards to ‘ibadah for the travelers and the sick. The travelers are allowed to combine and shorten their five obligatory prayers (al-jam’ wa al-qasr) and break their fast in Ramadhan. A sick person is allowed to pray in sitting and sleeping position
🞭 c) Punishment for compensation (diyah) in the case of unintentional murder or murder by
THE EMBELLISHMENTS (AL-TAHSINIYYAT)
🞭 The embellishments or al-tahsiniyyat refer to the interests whose realization leads to the improvement and attainment of that which is desirable.
AL-TAHSINIYYAT CONTINUE…
🞭 E.g. a) Observance of cleanliness in personal
appearance and in ‘ibadah, moral virtues,
🞭 b) avoiding extravagances falls under the category of tahsiniyyat.
🞭 c) The recommendation (al-nadb) to observe certain values during eating and drinking like eating by right hand and to behave with a noble moral character
🞭 d)Prohibition of selling najasat and buying a thing which is already bought by others.
IDENTIFICATION OF THE MAQASID
🞭 According to al-Shatibi, the most important method of identification of the Maqasid al- Shar’iyyah is through induction (al-istiqra’)
🞭 I.e.the maqasid is identified from understanding of various legal texts as a whole.
IDENTIFICATION OF MAQASID CONTINUE…
🞭 E.g. 1)there is no specific text in the Quran which states that the maqasid al-Shar’iyyah is for the benefit of the people, but this was inferred from various textual proclamations.
🞭 E.g. 2)In the case of Categorizing of Maqasid, there is no single text in the Quran stating that maqasid is divided into Daruriyyat, hajiyyat and Tahsiniyyat or that this maqasid has to be protected, but through
induction (istiqra’), this classification has been generally accepted by ‘Ulama’
PRIORITIES WITHIN THE MAQASID
🞭 The relationships of the maqasid al-Shar’iyyah indicate that there are some purposes have a higher priority than the others,
🞭 i.e. they would be preferred in cases of clash or conflicts between two interests.
PRIORITIES WITHIN THE MAQASID CONT…
🞭 The rule that determine the priority in the maqasid is
🞭 The Stronger interest shall prevail
🞭 The priorities within the maqasid is reflected from what has been listed down by the Muslim jurists.
PRIORITIES CONTINUE…
🞭 1) In the case of maqasid daruriyyat, the preservation of al-din would have preference over preservation of life; life has priority over nasl; nasl has priority over ‘aql and ‘aql has priority over property.
🞭 E.g. jihad has priority over protection of life.
Therefore, if a person is asked to participate in jihad and give up his life in the cause of Allah, there is legal justification of it.
PRIORITIES CONTINUE…
🞭 Similarly, protection of life has priority over
protection of ‘aql.
🞭 Therefore if a person is facing death due to lack of water, and the only water available for him is wine, he is under an obligation to save his life by drinking wine.
🞭 Life has priority over property, therefore a person is permitted to take others property during famine without fear of penalty, it it is for the purpose of saving of life.
PRIORITIES CONTINUE…
🞭 2) In the same way, daruriyyat will have priority over hajiyyat and tahsiniyyat.
🞭 E.g.a) Covering the ‘aurah for women is part of tahsiniyyat, but when discovering the ‘aurah is necessary to save life of a person, saving life will prevail.
🞭 b) prohibition from eating animal dead body is part of tahsiniyyat, but during necessity, eating animal dead body will have priority in order to save life of a person.
MAQASID AND IJTIHAD
🞭 What is the significance of maqasid in Ijtihad.
🞭 Al-Shatibi emphasized that the knowledge of the science of maqasid is the prerequisite for ijtihad. I.e. the Mujtahid Similarly Ibn ‘Ashur.
🞭 Knowledge in maqasid helps the mujtahid to rightly understand the legal texts of the Quran and the Sunnah.
🞭 It also helps the Mujtahid in their ijtihad to arrive at a sound and reasonable rules and brings benefits to the people.
MAQASID AND IJTIHAD CONTINUE…
🞭 The contemporary Muslim scholars are in agreement with these two views.
🞭 For example ‘Abd Karim Zaydan and Zakiy al- Din Sha’aban in their books accept the view that knowledge of the Maqasid al-Shar’iyyah is one of the condition for a mujtahid.
MAQASID AND IJTIHAD CONTINUE…
🞭 *As a conclusion, knowledge of the maqasid will assist the mujtahid to derive law. This is because the law develops through ijtihad based on the situation and time.
🞭 Thus, maqasid will become one of the basis in ijtihad especially on cases which are not dealt with by clear legal texts like through qiyas; i.e.
🞭 e.g. new case is drug – maqasid to preserve ‘aql as consumption of drug may affect a person’s mind