Lecture Notes 2_Usul Fiqh

Copyright Reserved@2008_Mohd Zulkifli Muhammad

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GT20302GT20302USUL FIQHUSUL FIQH

The General The General Objectives of ShariahObjectives of Shariah

(Maqasid al-Shari’ah)(Maqasid al-Shari’ah)


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I:I: Introduction Introduction

2:2: The Essentials (al-Daruriyyat) The Essentials (al-Daruriyyat)

3:3: The Complimentary (al- The Complimentary (al-Hajiyyat)Hajiyyat)

4:4: The Embellishments (al- The Embellishments (al-Tahsiniyyat) Tahsiniyyat)

CONTENTSCONTENTS


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•The primary objective of Shariah- the realization of benefit to the people.•- concerning to their affairs both in this world and the hereafter.

Introduction


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• 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)”

(al-Anbiya’:107)

Introduction


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• 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?

Introduction


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• 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)

Introduction


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• 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.

Introduction


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• 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.

Introduction


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Different Different Categories of Categories of Objectives of Objectives of

ShariahShariah


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• Can be divided into three Can be divided into three categories namely:categories namely:

1)1) The Essentials (al-Daruriyyat)The Essentials (al-Daruriyyat)2)2) The Complimentary (al-The Complimentary (al-

Hajiyyat)Hajiyyat)3)3) The Embellishments (al-The Embellishments (al-

Tahsiniyyat)Tahsiniyyat)

Different Categories Different Categories of Objectives of of Objectives of

ShariahShariah


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1)1) The Essentials (al-Daruriyyat)The Essentials (al-Daruriyyat)• = the matters on which the = the matters on which the

religion and worldly affairs of religion and worldly affairs of the people depend upon, their the people depend upon, their neglect will lead to total neglect will lead to total disruption and disorder and it disruption and disorder and it could lead to evil ending.could lead to evil ending.

• Can be divided into five Can be divided into five fundamental values:fundamental values:

Different Different Categories of Categories of Objectives of Objectives of

ShariahShariah


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PropertyProperty(al-Mal)(al-Mal)

Intellect(al-’Aqd)

Protection of Protection of Al-DinAl-Din

Dignity or Lineage(al-’Ird)

LifeLife(al-Nafs)(al-Nafs)

The Essentials The Essentials al-Daruriyyatal-Daruriyyat


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• the most important values.the most important values.• obligatory to all Muslim to obligatory to all Muslim to protect his al-Din at personal level protect his al-Din at personal level and at every level.and at every level.• achieved through the achieved through the observance of the different kind of observance of the different kind of Ibadah.Ibadah.• What does the believers get What does the believers get when they execute all these when they execute all these rituals?rituals?

1. Protection of al-1. Protection of al-DinDin


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



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•Example: Example: “…and perform al-salat. “…and perform al-salat. Verily, al-salat prevents from al-Verily, al-salat prevents from al-fahsha and al-munkar.”fahsha and al-munkar.” (al-(al-Ankabut: 45)Ankabut: 45)

• what the meaning of al-fahsha what the meaning of al-fahsha and al-munkar?and al-munkar?



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• the protection of al-Din at the the protection of al-Din at the wider scope involves defending wider scope involves defending Islamic faith particularly if it is Islamic faith particularly if it is attacked by the enemy of Islam attacked by the enemy of Islam (such as Israeliyyat).(such as Israeliyyat).• The responsibility to protect al-The responsibility to protect al-Din falls under the category of Din falls under the category of preventing evil.preventing evil.



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• 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 non-Muslims.

2. Protection of Life (al-Nafs)


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• “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’: ( al-Isra’: 33)33)



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• 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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• “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)



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• in the punishment of the murderer, one life is killed because of the crime, give the justification behind this punishment?



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• “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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• 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”



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• includes the protection of includes the protection of individual rights to privacy and not individual rights to privacy and not exposing or accusing others of exposing or accusing others of misbehaviors. misbehaviors. • ensuring that the relationship ensuring that the relationship between man and women are between man and women are done in respectful and responsible done in respectful and responsible way.way.

3. Protection of Dignity 3. Protection of Dignity or Lineage (al-Ird)or Lineage (al-Ird)


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• Islam prohibits it followers from Islam prohibits it followers from accusing others of mischief such accusing others of mischief such as committing adultery or other as committing adultery or other immoral behaviors.immoral behaviors.• “ “Evidence is for the person who Evidence is for the person who claims (accuse) the oath for the claims (accuse) the oath for the person who denies (the person who denies (the accusation)”accusation)”



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• must be substantiated by proofs must be substantiated by proofs otherwise punishment will be imposed otherwise punishment will be imposed for false accustaion.for false accustaion.• al-Qazf al-Qazf •““And those who launch a charge And those who launch a charge against chaste women, and against chaste women, and produce not four witnesses (to produce not four witnesses (to support their allegations),- flog support their allegations),- flog them with eighty stripes; and them with eighty stripes; and reject their evidence ever after: for reject their evidence ever after: for such men are wicked such men are wicked transgressors;”transgressors;”

(al-Nur: (al-Nur: 4)4)



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• Islam has also regulated the Islam has also regulated the relationship between man and relationship between man and women in order to protect their women in order to protect their dignity.dignity.• free mixing between the two free mixing between the two sexes is disallowed.sexes is disallowed.• unmarried man and women shall unmarried man and women shall not be with a strange person (non-not be with a strange person (non-mahram)mahram)



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• so, the solution?- marriage- to so, the solution?- marriage- to protect from evil deeds and to protect from evil deeds and to protect their dignity- (Hadis- protect their dignity- (Hadis- protect eye and desire).protect eye and desire).• Islam disallows the manipulation Islam disallows the manipulation of women. of women.



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• in adition, when Islam tells its in adition, when Islam tells its followers to cover their ‘aurah, this followers to cover their ‘aurah, this is one of the ways of protecting is one of the ways of protecting their dignity. their dignity. • there is no doubt that women there is no doubt that women who cover their ‘aurah are who cover their ‘aurah are respected and are safer compared respected and are safer compared to those who display the part of to those who display the part of body that are supposed to be body that are supposed to be covered.covered.



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• the prohibition of adultery in Islam is the prohibition of adultery in Islam is another manifestation of the protection another manifestation of the protection of dignity.of dignity.• ““The woman and the man guilty of The woman and the man guilty of adultery or fornication,- flog each of adultery or fornication,- flog each of them with a hundred stripes: Let not them with a hundred stripes: Let not compassion move you in their case, in a compassion move you in their case, in a matter prescribed by God, if ye believe matter prescribed by God, if ye believe in God and the Last Day: and let a party in God and the Last Day: and let a party of the Believers witness their of the Believers witness their punishment.”punishment.”

(al-Nur: (al-Nur: 2)2)



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To Be Continued………


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Lecture Notes 2_Usul Fiqh