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Primary goal - to free man from the grips of his own fancies/will/desires. So that he may
become the true servant of his Lord(Allah)
As we read in Quran: And We put you on the right way(shariah), so follow it and do not
follow the desires of those who are not knowledgeable (al Jatsiyah verse 18)
To enable man to serve Allah, He had designed a law(shariah) to protect human interest/
well-being(maslahah) - for his dunia and akhirah.
Shariah is the law prescribed by God and proclaimed through His prophet until it has reaches to
us now.
Muslim scholars said that Maqasid(objectives) of shariah is to promote maslahah, what is
maslahah? That which concerns the living of human, both based on his dini(religion
values) and dunyawi(purpose in this world) which are :His necessities(Daruriyyat),his
needs(al Hajiyat), and his complementary interest(al Tahsiniyyat).
The necessities(daruriyyat) have 5 fundamental basic requirements - which without them,
destructions/disorder/chaos happen to human normal life and the society as a whole.
The 5 are: Religion(Din), Life(Hayah), Intellectual(Aql), Lineage(Nasl) and Property(Mal) -
DHL3
After Daruriyyat, comes hajiyyat(the needs). Hajiyyat are:
Helps to cater other requirements of life.
Supports necessities
Remove severity and hardship
Absence of them wont lead to harm/ threat to human&society
Lastly, the complementary interest(al tahsiniyyat)
Refinement, perfection, improvement
Quality of human life
Comes after hajiyat
Priorities that arranges the 3 basic requirements: Daruriyyat have priority over hajiyat, and
hajiyat have priority over tahsiniyyat.
Legal maxims governs the rules:
1. Human must commit the last harm between 2 harms
2. Necessity overrules prohibition in an unavoidable situation
3. Prohibition is permissible at the extent of which is necessary only
4. Avoid harm more important than gain benefit.
Prophet Muhammad SAW said: Do you know what backbiting is?" They said, "God and His
Messenger know best." He then said, "It is to say something about your brother that he would
dislike." Someone asked him, "But what if what I say is true?" The Messenger of God said, "If
what you say about him is true, you are backbiting him, but if it is not true then you have
slandered him (Muslim)
Defamation are:
-totally alien to Islam
-amongst the most destructive of major sins
-Like eating the flesh of his dead brother (49:12)
Plagiarism
- Take someone elses work or ideas as your own,
- With or without their consent or full acknowledgment
- All published and unpublished material, whether in manuscript, printed or electronic form
The Prophet SAW says: When man wakes up in the morning each day, all parts of the body warn
the tongue saying, Fear God as regards us for we are at your mercy; if you are upright, we will
be upright and if you are crooked, we become crooked."
(At-Tirmidhee)
Allah will question the people on their doings and their body parts will answer the questions
honestly
Think twice before act: put other people in your own shoe. If you have committed and repented,
apologize to the owner of the works you have plagiarized.
Types: a) active: taking action to end the patient life eg. Lethal injection b) Passive: not taking action
in maintaining the patients life, stop giving medication that is vital for his life.
Organ Donation
It is permissible to transplant an organ from one place in a persons body to another place in the same
body; expected benefits outweigh any possible harm; remove a deformity that is causing the person
psychological or physical harm
It is permissible to transplant an organ from the body of one person to another if it is an organ that
renews itself automatically, such as blood and skin
It is permissible to make use of organs that have been taken from the body of another person due to
sickness, such as taking the cornea from the eye of a person whose eye has been removed due to
sickness
and who saved a life it would be as if he saved the lives of all mankind. (5: 32)
Transexuality