Objectives of Shari'ah in Islamic Law

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Questions and Answers

What is a primary purpose of Jihad as mentioned in the content?

  • Promoting social equality
  • Facilitating political change
  • Defending Din (correct)
  • Establishing economic stability

Which acts are mentioned as helping to establish Jihad?

  • Teaching and mentoring
  • Charity and advocacy
  • Meditation and yoga
  • Fasting and pilgrimage (correct)

What does the protection of life primarily aim to prevent?

  • Physical illness
  • Economic disparity
  • Mental health issues
  • Destruction of human life (correct)

What is a consequence mentioned for those who destroy life without legal justification?

<p>Legal penalties (B)</p> Signup and view all the answers

Which of the following is NOT mentioned as part of the means to establish Jihad?

<p>Faith discussions (A)</p> Signup and view all the answers

What does mercy include according to the content?

<p>Protection and safeguarding people's interest (D)</p> Signup and view all the answers

Which of the following is NOT a characteristic of mercy as described in the content?

<p>Involvement in community affairs (D)</p> Signup and view all the answers

In what way does mercy contribute to society according to the content?

<p>By protecting and safeguarding interests (A)</p> Signup and view all the answers

How can mercy be understood in the context provided?

<p>As a compassionate consideration for others (D)</p> Signup and view all the answers

Which aspect of mercy is emphasized in relation to individuals?

<p>Protection and safeguarding their interests (C)</p> Signup and view all the answers

What is the primary purpose of transactions according to the provided content?

<p>To protect the interests of the people (D)</p> Signup and view all the answers

What determines whether a transaction is allowed?

<p>The mutual consent of the parties involved (C)</p> Signup and view all the answers

Which of the following is NOT mentioned as a requirement for allowable transactions?

<p>Involvement of financial institutions (A)</p> Signup and view all the answers

What can be inferred about transactions that do not protect interests?

<p>They may not be allowed under the given principles (C)</p> Signup and view all the answers

What aspect of transactions facilitates lawful exchanges?

<p>Mutual consent between the parties (D)</p> Signup and view all the answers

What does the term 'sub-maxim' refer to in this context?

<p>The principle of the absence of new things (B)</p> Signup and view all the answers

According to the principle of sub-maxim, what is assumed in a dispute about new conditions?

<p>The new conditions are presumed to not exist (C)</p> Signup and view all the answers

Which of the following best describes the implications of the sub-maxim principle?

<p>It assumes that the absence of new things is the default (B)</p> Signup and view all the answers

What is the primary purpose of Shari’ah commands?

<p>To secure a genuine Maslahah (D)</p> Signup and view all the answers

In applying the sub-maxim, what is the initial stance taken regarding new traits?

<p>They are assumed to be non-existent (C)</p> Signup and view all the answers

What do Shari’ah prohibitions primarily aim to prevent?

<p>Corruption or harms (Mafsadah) (C)</p> Signup and view all the answers

How does the sub-maxim relate to conflicts over new states?

<p>It emphasizes preserving current circumstances (B)</p> Signup and view all the answers

According to scholars, what is a key characteristic of the entire Shari’ah?

<p>It seeks to secure a genuine Maslahah (D)</p> Signup and view all the answers

How do scholars view the relationship between Shari’ah commands and Maslahah?

<p>All commands aim at realizing the interest (Maslahah) (B)</p> Signup and view all the answers

What is implied by the concept of Mafsadah in Shari’ah?

<p>Prevention of corruption or harms (D)</p> Signup and view all the answers

What does the principle 'Necessity Renders Prohibited Things Permissible' imply in general?

<p>In critical situations, actions usually deemed improper can become acceptable. (C)</p> Signup and view all the answers

Which of the following is NOT considered a reason for necessity according to the concept presented?

<p>Gaining wealth (B)</p> Signup and view all the answers

Which situation aligns with the definition of necessity as described?

<p>Avoiding a natural disaster to protect one's life (A)</p> Signup and view all the answers

Why might a general rule lead to injustice in exceptional situations?

<p>Certain situations may require flexibility for fairness. (C)</p> Signup and view all the answers

What is the outcome when necessity is not acknowledged in decision-making?

<p>Individuals may face unjust consequences. (D)</p> Signup and view all the answers

Flashcards

Protection and Safeguarding

A key aspect of mercy, focused on protecting and safeguarding individuals' well-being and rights.

Mercy and Interest

Mercy encompasses actions that ensure the welfare and interests of others are prioritized.

Mercy and Safety

Actions that promote safety and security for individuals are considered acts of mercy.

Mercy and Rights

The concept of mercy emphasizes the importance of safeguarding people's rights and interests.

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Mercy and Well-being

Mercy involves taking steps to ensure that individuals' well-being is protected and upheld.

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Maslahah (Benefit)

Every rule in Islamic law aims to achieve a real benefit for people.

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Maslahah (Benefit)

The concept of benefit in Islamic law. It emphasizes positive outcomes and societal well-being.

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Mafsadah (Harm)

Every prohibition in Islamic law exists to prevent harm or corruption.

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Shari'ah Commands

All commands in Islamic law are intended to achieve a specific benefit.

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Shari'ah Prohibitions

All prohibitions in Islamic law are intended to prevent specific harm or corruption.

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Jihad

The act of defending Islam, often through physical means.

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Prayer, fasting, pilgrimage, and zakah

Ritual acts of worship that help establish and strengthen the faith.

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Protection of Life

Protecting human life from harm and ensuring good health.

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Penalties for destroying life

Punishments for taking a human life without justification.

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Maintaining good health

Preventing harm to human life and promoting good health.

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Purpose of transactions

The primary goal of transactions is to safeguard the rights and interests of all individuals involved.

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Legality in transactions

Transactions that ensure the legal rights of everyone involved are generally permitted.

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Mutual consent

For a transaction to be valid, all parties involved must freely agree to the terms and conditions.

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Legal Interest

The legal principle stating that transactions must be conducted in a way that respects the rights of all participants.

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4:29 (Legal Code Reference)

A legal code or principle that outlines the rules governing commercial transactions.

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Sub-Maxim of Absence

A principle in Islamic jurisprudence that presumes the absence of new attributes, making it necessary to prove their existence. This principle is applied when dealing with cases related to new conditions or states.

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Absence of New Things

The principle that new attributes or conditions are not assumed to exist and must be proven. This principle applies to disputes about new conditions, requiring evidence to establish their existence.

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Burden of Proof in Jurisprudence

A principle that determines the burden of proof in Islamic Jurisprudence, placing the responsibility of providing evidence on those claiming the existence of a new attribute. This principle helps ensure that claims are supported by sufficient justification.

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Rationality and Evidence-Based Decision-Making

This principle serves as a check against unwarranted claims and helps to ensure that only reasonable and well-supported conclusions are reached based on evidence and logical reasoning.

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Critical Thinking in Legal and Moral Reasoning

This principle fosters an intellectual approach to legal and moral reasoning, encouraging critical thinking and a reliance on evidence in forming judgments.

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Necessity (darurat)

A situation where a person faces an urgent threat to their essential needs, including religion, life, property, mental well-being, or family.

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Necessity Renders Prohibited Things Permissible

A principle that justifies actions typically prohibited under normal circumstances when those actions are necessary to prevent a greater harm or loss.

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Exceptional Situations

A situation where strict adherence to general rules could lead to injustice or harm.

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Difficulty as a Cause for Easiness

When a general rule, if applied strictly, would create difficulties and cause greater hardship.

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Necessity as Justification

The justification of actions that would normally be forbidden due to a critical need to safeguard essential values.

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Study Notes

Objectives of Shari'ah

  • The Prophet's mission is mercy to all of God's creatures, not just mankind.
  • Mercy includes safeguarding people's interests and protection.
  • Shari'ah aims to protect people's interests in this world and the next.
  • God created Shari'ah for the benefit of mankind.
  • Maslahah (benefit or public interest) is the sole objective of Shari'ah.

Scholarly Consensus

  • No injunction in Shari'ah exists that does not seek to secure Maslahah.
  • All commands in Shari'ah aim to realize Maslahah.
  • All prohibitions aim to prevent corruption or harm (Mafsadah).

Fundamental Objectives in Islamic Law

  • Protection of Din (Religion)
  • Protection of Life
  • Protection of Lineage
  • Protection of Intellect
  • Protection of Wealth

Protection of Din (Religion)

  • Protecting the faith of Muslims from influences that may undermine it.
  • Jihad, prayer, fasting, and pilgrimage help to establish Din.

Protection of Life

  • Preventing harm that may result in death or injury, and maintain good health
  • Penalties are provided for those who cause death without justification.

Protection of Wealth

  • Wealth should not be taken from its owners without fair compensation
  • Shari'ah prohibits theft and other forms of misappropriation.
  • Favouring the fair distribution of wealth among members of society.

Protection of Intellect

  • Preventing negative influences that lead to corruption.
  • Promoting education and healthy conditions.
  • Prohibiting alcohol and other intoxicants that harm the intellect.

Protection of Lineage

  • Preventing acts that stop procreation.
  • Maintaining healthy family life and the institution of marriage.
  • Encouraging marriage and requiring children to be attributed to their parents.

Fiqh/Legal Maxims

  • Definition: A general legal rule applicable to most situations.
  • Important principles include: determination by intention, certainty over doubt, permissibility as the principle, freedom from liability, hardship begets facility, and removal of harm.

Matters are Determined According to Intention

  • Acts are linked to intention.
  • The Prophet's tradition emphasizes the importance of judging deeds by intentions.
  • Intention distinguishes between habitual actions and worship, and various levels of worship.
  • It also distinguishes whether the purpose of an action is for the sake of God alone or not.

Contractual Consideration

  • If the intention and wording of a contract differ, the meaning should be prioritized over the literal wording.

Certainty Cannot Be Removed by Doubt

  • A statement backed by evidence or witnesses is considered certain.
  • Claims cannot override established facts.

The Principle in All Things is Permissibility

  • All foods and transactions are allowed unless prohibited by the Quran or Sunnah.
  • Commerce and trade should adapt to changing needs to meet the demands of societies.

Zahiris Regarding Transactions

  • The principle of prohibition is a fundamental one, with some transactions that do not meet the required standards as void and forbidden.
  • Most scholars, however, say the majority principle concerning transactions is permissibility, as the goal of contracts is to protect the interests of all parties participating.

Freedom from Liability is a Fundamental Principle

  • A person is not liable unless proven so.
  • The burden of proof for claims of liability is on the claimant.

Hardship Begets Facility

  • Rules of law are generally applicable, but may require exceptions in certain exceptional circumstances.
  • Hardship is the reason for easing the rule to avoid unjust application.

Necessity Renders Prohibited Things Permissible

  • Necessity (Darurat) allows a person to pursue actions that would normally be prohibited to save their religion, life, property, mind, or offspring.

Harm Should Be Eliminated

  • Harm should be neither inflicted nor received.
  • The principle (La Darara wa la Dirar) is derived from the Prophet's Hadith.

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LECTURE 2 PDF - Objectives of Shari’ah

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