LECTURE 2 PDF - Objectives of Shari’ah

The Objectives of Shari’ah The Holy Qur’an describes the purpose of the Prophet’s mission to be mercy not only to mankind but also to all of God’s creatures. (21: 107 َ ‫َاك ِإ اَّل َر ْح َمةً ِل ْلعَالَ ِم‬ )‫ين( اَّلنبياء...

The Objectives of Shari’ah The Holy Qur’an describes the purpose of the Prophet’s mission to be mercy not only to mankind but also to all of God’s creatures. (21: 107 َ ‫َاك ِإ اَّل َر ْح َمةً ِل ْلعَالَ ِم‬ )‫ين( اَّلنبياء‬ َ ‫س ْلن‬ َ ‫َو َما أ َ ْر‬ Mercy includes, among other things, protection and safeguarding people’s interest. The Shari’ah aims at safeguarding people’s interest in this world and in the next. God instituted the Shari’ah for the benefit of mankind both in this word and the next. He has in fact singled out Maslahah as the only objective of the Shari’ah. The scholars agree that: 1- there is no injunction in the entire Shari’ah that does not seek to secure a genuine Maslahah. 2- that all the commands of Shari’ah, aim at realizing the interest (Maslahah) 3- and that all its prohibitions are designed to prevent corruption or harms (Mafsadah) in various degrees.  The objectives of Shari’ah: In Islamic law there are five fundamental objectives: 1- Protection of Din ( Religion) 2- Protection of Life 3- Protection of Lineage 4- Protection of Intellect 5- Protection of Wealth  The Protection of Din ( Religion) means to protect the faith of every individual Muslim from negative influences that may cause confusion and undermine his faith. Jihad is prescribed for defending Din, prayer , fasting pilgrimage and zakah help establish it. The protection of life means the prevention of any harm that may result in the destruction of human life and the maintenance of good health, while penalties are provided for those who destroy life without legal justification.  The protection of wealth means that wealth should not go from the hands of its owners without a fair compensation. In order to achieve this objective, the Shari’ah prohibits theft and all other forms of misappropriation. It favours its transfer/ distribution among the members of the society in a fair way.  The protection of intellect means the prevention of a person’s mind from all negative influences that lead to corruption and preserving it from corrupt behavior. the provision of education and healthy conditions for its growth. Islam also prohibited the consumption of alcohol and other intoxicating substances that destroy the intellect.  The protection of lineage means the prevention of all means that stop procreation such as celibacy, adultery, abortion… the maintenance of healthy family life and the institution of marriage. Islam encourage marriage and requires children to be attributed to their parents while penalties are provided for those who corrupt it and destroy its values.  Fiqh/Legal Maxims The Definition: “a general legal rule which applies to all or most of its particulars”. Most important principal legal maxims are: 1- Matters are determined according to intention. 2- Certainty cannot be removed by doubt. 3-The principle about things is permissibility. 4- Freedom from liability is a fundamental principle. 5- Hardship begets facility. 6- Harm should be removed.  Matters are Determined According to Intention ‫اَّلمور بمقاصدها‬ Acts have been linked to intention. A tradition of the Prophet p.b.u.h. reads: “Deeds are judged by intentions and every person is judged according to his intention”. The purpose of Intention (Niyyah): 1- It distinguishes between habitual actions and actions of worship. 2- It distinguishes between various level of worships i.e. wajib, mandub. 3- it distinguishes the purpose of the action for the sake of ALLAH only or not.  In the case of a difference between the intention and the wordings of the contract, consideration should be given to the meaning and not to the literal wording.  Certainty Cannot be Removed by Doubt ‫اليقين َّل يزال بالشك‬ )ً ‫ َّل ينصرف حتى يجد ريحا ً أو يسمع صوتا‬:‫ قال‬،‫شكي إلى النبي صلى هللا عليه وسلم الرجل يجد الشيء في الصالة‬ ( ❑ a statement supported by evidence or witnesses is considered certain. ❑ Claims cannot remove a statement supported by evidence. ❑ For instance if a borrower claims that he has settled the debt ❑ and the lender says he has not, the principle is the borrower has not. sub-maxim is: ‫األصل في الصفات العارضة العدم‬ which means that the principle is the absence of new things. ▪ According to this principle if a dispute is about the presence of new states or conditions, the principle is that they do not exist. For example, if the disagreement is about whether the defect in a certain commodity has occurred before or after the sale. the seller denies that the commodity was defective, his statement is accepted.  The Principle in all Things is Permissibility ‫اَّلصل فى األشياء اإلباحة‬ all foods and transactions are allowed unless they are prohibited or have prohibited elements. because the Quran and the Sunnah have only mentioned the prohibited foods and are mainly focused on prohibited transactions. The jurists have concluded from this that foods and transactions which are not included in the prohibited lists are permissible. Commerce and trade are areas where creativity and innovation could be needed in order to meet the needs of changing times The Zahiris- the principle concerning transactions is prohibition. all transactions which are not allowed by Shariah are void and prohibited. The majority view is that the principle in transactions is permissibility. For, the purpose in transaction is to protect the interests of the people and all those transactions that ensure the lawful interest of the parties are allowed as long as they are concluded by mutual consent (4:29).  Freedom from Liability is a Fundamental Principle ‫البرأء األصليه‬ persons are not liable unless proven. a person is not held responsible solely based on claims made against him. The person who has made the claims has to prove them.  Hardship Begets Facility ‫المشقة تجلب التيسير‬ Rules of law are general in nature to cover all situations and individuals. not confined to certain situations or persons. in certain exceptional situations a general rule may lead to injustice and harm. According to this maxim difficulty is the cause for easiness  Necessity Renders Prohibited Things Permissible ‫الضرورات تبيح المحظورات‬ Necessity (darurat) refers to: a situation where a person strives to safeguard his religion, life, property, mind, or offspring from destruction.  Harm Should be Eliminated ‫الضرر يزال‬ is derived from the Prophet’s Hadith. It states: ‫الضرر وال ضرار‬ “La Darara wa la Dirar” “Harm should neither be inflicted nor received.