The Objective of Shariah [The Theory of Maqasid] Introduction

The Shariah in all of its parts means to: a. Secure a benefit for the people b. Protecting them against corruption and evil.

"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]

How to determine good and bad

As a Muslim, we must believe that every decided by Allah s.w.t upon mankind is for the benefit of mankind themselves. As a Muslim, we must believe that the final determination of good and bad is belonged to Allah s.w.t. There is principle which says : Good is something considered as good by sharie and bad is something considered bad by sharie (Allah)

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

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 all that 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)

Allah said:

( 165 : )
Messenger who gave good news as well as warning, that mankind after the coming of the messenger, should have no plea against Allah

 Ibn Qayyim al-Jawziyyah: The Shariah aims at:

a. Safeguarding people's interest b. 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 a disastrous for all mankind and there is no benefit for the revelation Muamalah, jinayah etc) were revealed to benefit human beings and prevent harm from them, and it is also part of the mercy from Allah to mankind.

Therefore fiqh, with all different parts of it (Ibadah,

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 to the humankind]

He defines Maslahah as: providing benefits and preventing harms ( )

The majority of scholars or al-Fuqaha agrees that most of the injunctions of Shariah were revealed with certain objectives and reasons. These objectives are rational objectives and are easy to be identified except in certain injunctions related to the rituals (ibadah) which is only known by Allah The Creator and there is no necessity for the human being to know these objectives.

Different Categories of the Sharie ahkam

Maqasid

Al-Ahkam

Reasons are not discovered

Reasons are discovered

Different Categories of the Objectives of Shariah

Essentials

MAQASID AL-SHARIAH

Embellishment

Complementary

The Essentials [Daruriyyat]

The matters on which the religion and worldly affairs of

the people depend on them, their neglect will lead to total disruption and disorder and it could lead to bad ending.
The protection of these values mean:

a. Executing all the necessary measures in order to ensure the realization of these values. b. Ensuring that all the obstacles that will obstruct the implementation of these values be removed.

 These essentials can be further divided into five different

sections or five fundamental values termed as [alDaruriyyat al-Khamsah] which are necessary to human life.

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)

al-Daruriyyat al-Khamsah
Protection Of Religion

Protection Of Property
FIVE FUNDAMENTAL VALUES

Protection Of Life

Protection Of Intellect

Protection Of Dignity

Protection of Religion

It is obligatory upon each and every Muslims to protect

his al-din at personal level and at every level.

Protection of religion at personal level:

The observance of the different kind of ibadah, such as performing the five prayers, fasting, paying of zakah and performing hajj. By executing or performing this rituals our iman will increase and will therefore be a shield to protect us from committing sin or becoming apostate and indulging in any action that will offend our belief.

 At a wider scope, the protection of al-din involves

defending Islamic faith particularly if it is attacked by the enemy of Islam (Jihad ). This can be achieved through various appropriate means such as in writings, in speech and 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 his hand (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 is unable to do so, than he has to hate the evil in his heart and that is the lesser degree of Iman.

Protection of Life

Life is essential and valuable to everyone, thus it must be protected at all cost and in all circumstances Protecting everyones life is equally important and obligatory to each 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 just cause. And whoever is killed (intentionally with hostility and oppression and not by mistake), We have given his heir the authority [(to demand Qisas, Law of Equality in punishment or to forgive, or to take diyah (blood money)
[Al-Isra: 33]

 In order to protect life, the Shariah has enacted

severe punishment for those who kills other.

O you who believe! Al-Qisas (the 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 the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness.
[Al-Baqarah: 178]

Protection of Dignity

Protecting dignity means:

a. The protection of individual rights to privacy

b. Not exposing or accusing others of misbehaviors

c. Ensuring that the relationship between man and women are done in respectful and responsible way

In this regard, Islam has enacted a number of

guidelines in order to protect the dignity of mankind.

Example
It prohibit it followers from accusing others of mischief

such as committing adultery or other immoral behaviors.

False accusation termed in Islamic Law as al-Qafz and

subjected to punishment of eighty lashes as explained in the following verse:

And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever, they indeed are the Fasiqun (liars, rebellious, disobedient to Allah [Al-Nur: 4]

Islam has also regulated the relationship of between man and women in order to protect their dignity. Therefore free mixing between the two sexes is disallowed and there are several principles that regulate this 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 order to 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 do it, as it is better to protect your eye and your desire, as for those who are unable to do so, he shall fast as it is a protection for you

 The

prohibition of adultery in Islam is another manifestation of the protection of dignity. Adultery which is an immoral practice will lead to the spread of different evils and problems in the society such as the illegitimate child, irresponsible parents and others. severe punishment for those who commit adultery.

In order to prevent such problem Islam has imposed

The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment.[Al-Nur: 2]

baby

Protection of Intellect
Al-aql or the intellect is a great gift from Allah s.w.t. to

mankind. This is one of the capacities that differentiate man with animals.
Allah s.w.t. has ordered that everyone should protect this

precious gift from Allah by utilizing the mind power for the benefit of all.
Protection of intellect/mind means that we safeguard it

from anything that might harm the ability and function of brain.

Example

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

O you who believe! Intoxicants (all kinds of alcoholic drinks), gambling, AlAnsab, and AlAzlam (arrows for seeking luck or decision) are an abomination of Shaitan's handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. [al-Maidah: 90]

 ( ) 91 :
Satan's plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of God, and from prayer: will ye not then abstain?

Protection of Property

Islam recognizes the function of al-mal at individual, family, society or national level.
Therefore Islam didnt prohibit the Muslims from acquiring al-mal and certainly didnt deny & refuse to acknowledge their desire as human being to have properties of their own.

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

 Legitimate reason:
The cause that drive us to own or posses that particular property. If the cause is unjust and unlawful or forbidden then the act of acquiring it is forbidden too

Proper contract:
The legitimate medium of acquiring the property. Acquiring property must been made through proper mechanism of shariah. [Al-aqd /the contract]

Example

And eat up not one another's property unjustly (in any illegal way e.g. stealing, robbing, deceiving, etc.), nor give bribery to the rulers (judges before presenting your cases so that you win the case) that you may knowingly eat up a part of the property of others sinfully. [AlBaqarah: 188]

 Islam has imposed severe punishment for those who

steal the properties of other. Chopping of the hand of a thief is the punishment for those convicted for stealing
Allah said:

Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is All Powerful, All Wise. [al-Maidah: 38]

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The Complementary [Hajiyyat]

Kind of interests or benefits whose neglect leads

to hardship of the individual or hardship to community but does not lead to the total disorder of normal life. the facilities (rukhsah) that the Shariah has granted in regards to Ibadah. the sicks to combined and shortened their five obligatory prayers (al-jam wa qasr) . The Shariah also gives facilities to them to break their fast during ramadhan

There are many examples of al-Hajiyyah such as

E.g. Shariah has give facilities to the travelers and

The Embellishment [Tahsiniyyat]

The embellishments refer to interests whose realization leads to improvement and the attainment of that which is desirable.
It is like the observance of cleanliness in personal appearance and in ibadah, moral virtues. The disappearances of tahsiniyyah will not interrupt the normal life; however, it might lead to the lack of comfort in life. The injunctions revealed in the quran and sunnah not only aim at administering the essential elements of our life, it also aim at satisfying our needs [the hajiyyat] and more than that it also aim at making the human life more comfortable by imposing or suggesting additional and extra values that they should have in their life.

Additional Objectives of al-Shariah

EDUCATING THE INDIVIDUAL

One of the objective of Shariah is to educate the individuals. All the different injunctions of Shariah seek to educate the individuals and inspire them with faith and instills in them the qualities of being trustworthy and righteous. It is through reforming the individual that Islam aims at achieving its social goals. The injunctions of Shariah related to ibadah, muamalah, jinayah and all other branches are a part of the Islamic educational programme; they are all designed so as to educate the believer, to enable them to be a useful member of society and refrain from causing harm to others.

For example: The ibadah, in all of its varieties, aim at purifying the mind and heart from corruption, selfishness and indulgence in material pursuits.

UPHOLDING OF JUSTICE
Upholding the principle of justice is another basic

objectives of Shariah 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 excess and disparity in all spheres of life. The concept of justice in Shariah is not confined to the judicial aspects but it cover all area of life including individual justice, social justice and international justice.

 ...
We sent Our Messengers and revealed the Book through them so as to establish justice among people
[Al-Hadid :25]