Lecture Notes 2_usul Fiqh

GT20302 USUL FIQH The General Objectives of Shariah (Maqasid al-Shari’ah) Copyright Reserved@2008_Mohd Zulkifli Muhammad

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CONTENTS I: Introduction 2: The Essentials (al-Daruriyyat) 3: The Complimentary (alHajiyyat) 4: The Embellishments (alTahsiniyyat) Copyright Reserved@2008_Mohd Zulkifli Muhammad

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Introduction •The primary objective of Shariah- the realization of benefit to the people. •- concerning to their affairs both in this world and the hereafter. Copyright Reserved@2008_Mohd Zulkifli Muhammad

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Introduction • The Quran explained the main objectives of Shariah when it declares: •“And We have sent you (O Muhammad SAW) not but as a mercy for the ‘alamin (mankind, jinns and all that exists)” (alCopyright Reserved@2008_Mohd Zulkifli Muhammad Anbiya’:107)

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Introduction • Ibn Qayyim al-Jawziyyah: explains that the Shariah aims at safeguarding people’s interest and preventing harm from them in this world and the next. • But, how about the meaning of ‘rahmatan’ in this verse? Copyright Reserved@2008_Mohd Zulkifli Muhammad

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Introduction • In another verse al-Quran describes the Shariah as a healing, guidance & mercy for mankind: • “O mankind! There has come to you a good advice from your Lord, and a healing for that in your hearts, - a guidance and a mercy for the believers.” (Yunus: 57) Copyright Reserved@2008_Mohd Zulkifli Muhammad

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Introduction • al-Shatibi (book: Al-Muwafaqat fi Usul al-Shariah)- explains maslahah as being the only principal objective of Shariah which is broad enough to comprise all measures that are beneficial to the people. Copyright Reserved@2008_Mohd Zulkifli Muhammad

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Introduction • The majority of scholars agree- most of the injunctions of Shariah were revealed with certain objectives and reasons. • Excepts in certain injunctions related to the rituals (ibadah)only known to The Creator.

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Different Categories of Objectives of Shariah

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• 1) 2) 3)

Different Categories of Objectives of Shariah

Can be divided into three categories namely: The Essentials (al-Daruriyyat) The Complimentary (alHajiyyat) The Embellishments (alTahsiniyyat) Copyright Reserved@2008_Mohd Zulkifli Muhammad

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Different Categories of Objectives of Shariah 1) The Essentials (al-Daruriyyat)

• = the matters on which the religion and worldly affairs of the people depend upon, their neglect will lead to total disruption and disorder and it could lead to evil ending. • Can be divided into five fundamental values: Copyright Reserved@2008_Mohd Zulkifli Muhammad

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Protection of Al-Din Property (al-Mal)

Life (al-Nafs) The Essentials al-Daruriyyat

Intellect (al-’Aqd)

Dignity or Lineage (al-’Ird)

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1. Protection of alDin • the most important values. • obligatory to all Muslim to protect his al-Din at personal level and at every level. • achieved through the observance of the different kind of Ibadah. • What does the believers get when they execute all these rituals? Copyright Reserved@2008_Mohd Zulkifli Muhammad

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1. Protection of alDin • will increase the ‘iman’ and, • will therefore be a shield to protect the person from committing sin or becoming apostate and indulging in any action that will obliterate his din.

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1. Protection of alDin •Example: “…and perform al-salat. Verily, al-salat prevents from alfahsha and al-munkar.” (alAnkabut: 45) • what the meaning of al-fahsha and al-munkar? Copyright Reserved@2008_Mohd Zulkifli Muhammad

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1. Protection of alDin • the protection of al-Din at the wider scope involves defending Islamic faith particularly if it is attacked by the enemy of Islam (such as Israeliyyat). • The responsibility to protect alDin falls under the category of preventing evil. Copyright Reserved@2008_Mohd Zulkifli Muhammad

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2. Protection of Life (alNafs) • must be protected in all circumstances • there is no different between the life of the rich and poor, between the leader and the subordinates, Muslims and nonMuslims. Copyright Reserved@2008_Mohd Zulkifli Muhammad

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2. Protection of Life (alNafs) • “Nor

take life - which God has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand qisas or to forgive): but let him nor exceed bounds in the matter of taking life; for he is helped (by the Law).” ( al-Isra’: 33) Copyright Reserved@2008_Mohd Zulkifli Muhammad

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2. Protection of Life (alNafs) • in order to protect life, the Shariah has enacted severe punishment for those who kill other. • the punishment is death penalty in Islam.

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2. Protection of Life (alNafs) • “O you who believe, equivalence is the law decreed for you when dealing with murder - the free for the free, the slave for the slave, the female for the female. If one is pardoned by the victim's kin, an appreciative response is in order, and an equitable compensation shall be paid. This is an alleviation from your Lord and mercy. Anyone who transgresses beyond this incurs a painful retribution.” (al-Baqarah: 178) Copyright Reserved@2008_Mohd Zulkifli Muhammad

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2. Protection of Life (alNafs) • in the punishment of the murderer, one life is killed because of the crime, give the justification behind this punishment?

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2. Protection of Life (alNafs) • “Equivalence is a life saving law for you, O you who possess intelligence, that you may be righteous.” (al-Baqarah: 179)

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2. Protection of Life (alNafs) • it is important to note that generally, saving of one’s life is required, however, it should not be done at the expense of other lives. • “A particular harm shall not be removed by inflicting another harm” Copyright Reserved@2008_Mohd Zulkifli Muhammad

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3. Protection of Dignity or Lineage (al-Ird) • includes the protection of individual rights to privacy and not exposing or accusing others of misbehaviors. • ensuring that the relationship between man and women are done in respectful and responsible way. Copyright Reserved@2008_Mohd Zulkifli Muhammad

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3. Protection of Dignity or Lineage (al-Ird) • Islam prohibits it followers from accusing others of mischief such as committing adultery or other immoral behaviors. • “Evidence is for the person who claims (accuse) the oath for the person who denies (the accusation)” Copyright Reserved@2008_Mohd Zulkifli Muhammad

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3. Protection of Dignity or Lineage (al-Ird) • must be substantiated by proofs otherwise punishment will be imposed for false accustaion. • al-Qazf

•“And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked Copyright Reserved@2008_Mohd Zulkifli Muhammad 29 transgressors;”

3. Protection of Dignity or Lineage (al-Ird) • Islam has also regulated the relationship between man and women in order to protect their dignity. • free mixing between the two sexes is disallowed. • unmarried man and women shall not be with a strange person (nonmahram) Copyright Reserved@2008_Mohd Zulkifli Muhammad

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3. Protection of Dignity or Lineage (al-Ird) • so, the solution?- marriage- to protect from evil deeds and to protect their dignity- (Hadisprotect eye and desire). • Islam disallows the manipulation of women.

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3. Protection of Dignity or Lineage (al-Ird) • in adition, when Islam tells its followers to cover their ‘aurah, this is one of the ways of protecting their dignity. • there is no doubt that women who cover their ‘aurah are respected and are safer compared to those who display the part of body that are supposed to be covered. Copyright Reserved@2008_Mohd Zulkifli Muhammad

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3. Protection of Dignity or Lineage (al-Ird) • the prohibition of adultery in Islam is another manifestation of the protection of dignity. • “The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by God, if ye believe in God and the Last Day: and let a party of the Believers witness their punishment.” (al-Nur: Copyright Reserved@2008_Mohd Zulkifli Muhammad 33 2)

3. Protection of Dignity or Lineage (al-Ird) To Be Continued………

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