Al Maqasid Al Sharia

CIFP SH1002 SHARIAH ASPECTS IN BUSINESS AND pay AL-MAQASID AL-SHARIAH THE OBJECTIVES OF ISLAMIC LAW DEFINITION OF MAQASID AL SHARI AH The word Maqsid (plural Maqasid ) reflects a consequence of take, aim, principle, intent, goal. Maqasid comprise the wisdom and knowledge behind rulings, the objectives of separateicular actions. As for the boundary Shariah , many scholars define the word as following strictly the injunctions of Allah or the way of Islam ( din ). Hence, Maqasid al-Shariah represents the objectives and the rationale of the Shariah.It encompasses all disciplines, laws, regulations, policies, instructions, debt instruments, principles, beliefs, devotion and actions degestural to entertain the interest of human beings in all segments and aspects of life. Various scholars soak up time-tested to elucidate the purposes and the objectives of Shariah upon which it is established. Among these the exceptional individuals atomic number 18 the Malikite Abu Ishaqal-S hatibi, the Shafite al-Izz ibn Abd al-Salam, and the Hanbalite Ibn Qayyim al Jawziyyah.According to Ibn Qayyim al-Jawziyyah, Shariah aims at safeguarding peoples interest in this earthly concern and the Hereafter. Referring to the maqasid al-Shariah , al-Ghazali said The objective of the Shariah is to promote the eudaimonia of human beings, which lies in safeguarding their faith, their life, their intellect, their posterity, and their wealth. Whatever fixs the safeguard of these five fundamentals serves cosmos interest and is desirable. Al-Shatibi ap points al-Ghazalis list and sequence,hereby indicating that they argon the most(prenominal) favored in terms of their accord with essence of Shariah .Finally, Ibn Ashur provides a broader definition stating that twain its public rules and special proofs indicate that the all-purpose principle(maqsad amm) of Muslim legislation is to remain the companionable rear of the community and insure its healthy progress by promoting the hygienic-being and righteousness ( salah ) of that which prevails in it, namely, the human species. The well-being and impartiality of human beings consist of the soundness of their intellect, the righteousness of their deeds as well as the goodness of the things of the world where they live that are put at their disposal.Maqasid al-Shariah An Over visualize Maqasid al-Shariah calls for establishment of justice, elimination of unfairness and alleviation of privation. It endorses relationship and mutual maintain within the family and community in general. This has for exposecome a preservation of popular interest (maslahah) as the most important objective of the Shariah. Shariah recognizes three areas which stand for well- being, namely, endorsing benefits (maslahah ) to people, educating individual and establishing justice. atomic number 53 of the objectives and the underlying principle of the Shariah is endorsing benefits (maslahah) to the people. It is associated with p eople livelihood in this world and the Hereafter Quranic verse and establish regular prayer for prayer restrains from sinister and unjust deeds and remembrance of Allah is the greatest (thing In life) without doubt. and Allah knows the(Deeds) that ye do. ( Al-Quran , Al-Ankabut 45). E really finding of fact in Shariah appears with reasoning and with a purpose, which is to shelter and protect public interests (maslahah ) in all aspects and segments of life.It should withal be keyd that in precise cause emergence of arguments surrounded by endorsement of benefit and avoidance of evil originate. If no(prenominal) appears to be preferable, whence avoidance of evil takes precedence all over the fruition of benefit. Educating individuals is an essential objective of Shariah, too. Education encourages people with faith and Taqwa (wittingness of Allah s. w. t. ) in recount to accomplish public objectives. A truthful and moral person potentiometer emerge as representative of early(a)s and endorseer of the ruling of Shariah united to ibadah , muamalah and jinayah.Lastly, atomic number 53(a) of the objectives of the Shariah is to maintain the standards of justice (adl ). It essential be based on populace of equilibrium which accomplishes rights and responsibilities on one side, and abolishes unfairness and inequality on the other. It essential(prenominal) tit both individual and social justice, regardless whether it is a contingency of friend or foe, Muslim or non-Muslim, personal or public. un straight behaviors and wrongdoings are disapproved and punished in order to avoid injustice as it is undesirable and contradictory with the philosophy of Quran and the Maqasid al-Shariah.IDENTIFICATION OF THE MAQASID As already indicated the ulema have differed in their progression to the identification of the maqasid. The first approach to be observe is the purely schoolbookualist approach, which haves the identification of the maqasid to the cle ar textbook, the manipulates and prohibitions, which are in themselves the carriers of the maqasid. The maqasid, match to this view, have no separate existence as such(prenominal). Provided that a command or prohibition is tasrihi (explicit) and ibtidai (normative) it in itself conveys the maqsud of the Lawgiver.Although it is mostly accepted that textual injunctions must be delight ined and observed as manifestations of the intentions of the Lawgiver, the majority approach to the identification of the maqasid takes into consideration non except the text but likewise the underlying illah or rationale of the text. 10 The chief exponent of Al-Maqasid, Abu Ishaq Ibrahim al-Shatibi , r affirmatively of the pick out to respect and observe the explicit injunctions, but added, that tenderness to the open text must non be so rigid as to alienate the rationale and purpose of the text from its words and sentences.Such rigidity could, of course, then be just as much contrary to t he maqsud of the Lawgiver as would be in the aspect of a conscious and direct break down of that law. The preferred approach then is to read the text, whether it is of a command or a prohibition, in conjunction with its rationale and objective, for this is most seeming to bear the greatest harmony with the intention of the Lawgiver. 11 Al- Shatibi elaborate that the maqasid that are cognize from such a comprehensive learning of the text are of devil types, asliyyah (primary) and tabiyyah (secondary).The former are the essential maqasid, or the daruriyyah, which the mukallaf must observe and protect regardless of his personal predilections, whereas the latter, the ancillary maqasid, or the hajiyyat, are those regarding which the mukallaf has some flexibility and choice. The comprehensive approach to the textual injunctions of the Shariah has stipulation rise to both important points. Firstly, the question that seeks to establish whether the means to a command, a wajib (obl igation) or a haram (prohibition), should also be seen as integral to the goal and objective that is sought by that command.The general response disposed(p) to this question is that supplementary aspects of commands and prohibitions are indeed integral to their objectives. Thus, it is primarily accepted that whatever mogul be necessary for the completion of a wajib is also a part of that wajib, and that whatever may lead to a haram is also haram. There has, however, been some disagreement on this, emerging from certain areas of detail. The second question concerns the pipe down of the Lawgiver in respect of certain conducts, especially where a general reading of the relevant license casts light on the value of that conduct.The question may be formulated as follows We know that the maqasid can be cognize from clear injunctions, but can they also be known from a general reading of the nusus (clear textual rulings) by way of certainty? Al-Shatibis response to this question is p ossibly the most original. Page 5 of 7 Istiqra (induction), harmonize to al-Shatibi, is one of the most important modes for identifying the maqasid of the Shariah. There may be various textual references to a subject, none of which may be in the nature of a conclusive injunction.Yet their collective weight is such that it leaves little doubt as to the meaning that is to be obtained from them. A decisive destruction may thus be arrived at from a throng of inclining expressions. Al-Shatibi exposits this with an important example. Nowhere in the Quran is thither a particularised resolve to the effect that the Shariah has been enacted for the benefit of the people, and yet, this must be the definitive conclusion that is to be drawn from the collective reading of a variety of textual proclamations. 12 To illustrate the point further we may give two more examples.There is no particular(prenominal) declaration in the textual sources on the classification of the maqasid into the thr ee categories of daruriyyah, hajiyyah and tahsiniyyah or on the conclusion that the Lawgiver has intend that these maqasid must be protected and yet, with istiqra, this classification and conclusion has generally been accepted by the ulema. Again, there is no peculiar(prenominal) textual declaration espousing the claim that the protection of the five value of life, intellect, faith, personal credit line and property is of the most primary importance to the Shariah but once again, through istiqra, this has also been generally accepted by the ulema.It is also to be noted that the inductive method is not confined to the identification of maqasid-cum-masalih alone, but extends to commands and prohibitions. 15 Conclusions arrived at through istiqra, such as those in the above paragraph, are of great boilers suit importance to the understanding and actionation of the Shariah. They are not to be seen as being subject to doubt or lacking in believability by way of being based on spec ulative reasoning. 14 In fact, al-Shatibis own position on this was to go so far as saying that the conclusions and positions established through istiqra are he general premise and overriding objectives of the Shariah, over and above the level of the specific rules. Al-Shatibis approach to the method of induction is reminiscent of knowledge that is acquired of the personality and character of an individual through a sustained association and card of conduct of that individual. This kind of knowledge is broad and holistic as it is enriched with appreciation, and is likely to be more re apt(p) compared to, say, knowledge based only on the observation of odd and isolated incidents in the daily activities of that individual.AL-MAQASID AND IJTIHAD Having expounded his theory of Al-Maqasid, al-Shatibi advocated and accentuated the need for knowledge of the science of Al-Maqasid as a prerequisite to the attainment of the locate of a mujtahid (jurist). Throughout Muslim history, those w ho neglected acquiring mastery over the science of Al-Maqasid did so at their own peril, as it made them liable to error in ijtihad. Included amongst these were the ahl al-bida (the proponents of pernicious innovations), who only looked at the homely text of the Quran without pondering over its ultimate aims and objectives.These innovators (an allusion to the Kharijites) held steadfastly to the literal text of even the mutashabihah (the intricate segments of the Quran) and premised many conclusions on them. They took a fragmented and atomistical approach to the reading of the Quran, which failed to tie up the relevant parts of the text together. The leading ulema have, on the other hand, always viewed the Shariah as a unity, in which the detailed rules were to be read in the light of their broader premises and objectives. 6 Ibn Ashur, the author of another landmark work on Al-Maqasid, also stressed that knowledge of the science of Al-Maqasid was indispensable to ijtihad in all its manifestations. 1 Some ulema, who confined the scope of their ijtihad only to literal interpretations, found it possible, ibn Ashur observed, to enter their personal opinions into the words of the text, but fell into error as they were out of touch with the general spirit and purpose of the surrounding evidence. We may illustrate this by reference to the differential views taken by the ulema with respect to whether the Zakah on commodities, such as wheat and dates, must be given in kind or could also be given in their monetary equivalent. The Hanafis validated the possibility of this substitution, but some ulema held otherwise. The Hanafi view was founded on the analysis that the purpose of Zakah was to satisfy the involve of the slimy, which could just as easily be achieved with the monetary equivalent of the commodity.Ibn Qayyim al-Jawziyyah likewise observed that where the ahadith on the subject of sadaqah al-fitr (the charity due on the Eid after Ramadan) some measure referr ed to dates and at other times to raisins or food grains, the common purpose in all this was to satisfy the needs of the poor, which could be done with any of these staple foods of Madinah and its environs at that time. The purpose in any of these ahadith was not to confine the payment of the sadaqah to a particular commodity.A mistakable example relates to the issue of whether a person may pay his Zakat ahead of time, that is, prior to the expiry of the one year period when it becomes due, and whether he is liable to pay again if he has already paid before that time. Imam Malik, drawing an analogy with Salah, control affirmatively that the person would be liable to pay again. Subsequent Maliki jurists, including Ibn al-Arabi and Ibn Rushd, however, disagreed with this position and control that early payment of Zakah was permissible.Indeed, if someone performs his Salah before its due time, he must perform it again at its proper time. But, there is a difference between Salah and Zakah, in that the former is time-bound to specific times but the latter is not in any such similar ways. Hence, Zakah may be paid earlier, especially if it is prepaid by only a few weeks. Scholars who have taken a non-literalist approach, on the other hand, have often been criticised for departing from certain parts of the textual sources.Imam Abu Hanifah, for example, was criticised by the Ahl al-Hadith (the Traditionalists), for having asleep(p) on occasions from the wordings of particular ahadith. It turns out upon closer inspection, however, that such scholars dead soul from the text only when they had reached a different conclusion by reading that particular text in the context of the of the other relevant evidence in the Quran and Sunnah. Disharmony and conflict between the aims and objectives of the Shariah and its specific rulings may arise latently.A mujtahid or a judge may issue a ruling or a decision which appears at that time to be self-consistent with the text and maqsud of the Shariah. With time and further scrutiny, however, it may prove to be not so consistent. A judge may, for example, uphold a duly signed contract and make it binding on the parties. With time, however, the contract may prove to be grossly unfair on one of the parties. In such an eventuality the judge or the mujtahid can hardly ignore the hearer unfairness and insist on the strict adherence to the letter of the contract.Indeed, according to the Shariah laws of obligations, a contract is no longer a governing means between the shariah al-aqidayn (the contracting parties) if it becomes an instrument of injustice. The judge must therefore, in order to uphold the maqsud of justice, a primary and all-pervasive characteristic objective of the Shariah, set deviation the contract. The judge or the mujtahid must, likewise, give priority to the maqasid whenever there is such a latent discord. These discords or conflicts are most likely to occur where the specific rulings have be en arrived at through the doctrine of Qiyas (Analogy).Thus, where a rigid adherence to Qiyas may lead to unsatisfactory final end points, recourse may be had to Istihsan (Juristic Preference) in order to obtain an alternative ruling that is in greater harmony with the objectives of the Shariah. An important feature of the Maqasidi (objectives-based) approach in relation to ijtihad and the formulation of specific rules is the prudence that the mujtahid must pay to the consequences of his rulings. Indeed, an ijtihad or fatwa would be deficient if it failed to inspect its own maalat (consequences).The importance of such contemplation is demonstrated by the Prophets Sunnah. Therein, we note instances where the Prophet paid much attention to the possible consequences of his rulings, often in preference to other considerations. Thus, for example, although acutely informed of the treason and subversive activities of the Munafiqun (the Hypocrites), without and within the Muslim communi ty, we find that he unyielding not to pursue them, stating simply that I fear people might say that Muhammad kills his own Companions.Similarly, although he personally would have liked very much to accept and execute Aishah Siddiqahs suggestion to pay back the Kabah to its original proportions, as founded by the patriarch Prophet, Ibrahim, again, we find that he unyielding not to, saying I would have done so if I didnt fear that this may induce our people into disbelief. In both these instances, therefore, the Prophet did not take what would have been thought to be the normal course because of a foresight of the potential adverse consequences. Finally, we must turn to ijtihad in the context of crimes and penalties.Of course, the normal procedure here is to contribute the punishment whenever the cause and occasion for it is present. There may, however, be instances where to pardon the wrongdoer would be a more preferable course to take. The mujtahid and the judge must remain op en and alert to such possibilities and reflect them in their judgements whenever so required. Al-Shatibi has in this connection drawn a subtle distinction between the normal illah that invokes a particular ruling in a given case and what he terms as illah tahqiq manat al-khas (the verification of the particular) in the take of ijtihad and judgement.The mujtahid (scholar) may investigate the normal illah and identify it in the case, for example, of a poor person who qualifies to be a recipient of zakah, but such an interrogation may take a different course when it is related to a particular individual as to what might seem appropriate or inappropriate to be applied in a particular case. The mujtahid needs therefore to be learned not only of the law and specific evidence but must also have acumen and insight to render judgements that are enlightened by both the overall consequences as well as the special circumstances of each case.CLASSIFICATION OF MAQASID AL SHARIAH Although there are different classifications of maqasid al-Shariah , Muslim cholarsgenerally classified them into three main categories daruriyyat (essentials), hajiyyat (needs)and tahsiniyyat (embellishments). The essentials ( daruriyyat ) are particulars that are required and considered as vital for the founding of wellbeing in this world and the Hereafter. If society in some way neglects them, the outcome pull up stakes be anarchy together with disorder of the functionality of the society which allow result in total collapse.The essential masalih (plural of maslahah) or daruriyyat are further split up into five (i) Preservation of faith/religion (Din) (ii) Preservation of the life(afs) (iii) Preservation of lineage/descendents/procreation (asl ) (iv) Preservation of property ( Mal ) and (v) Preservation of intellect/reason (Aql ). The embracement of the mentioned values is obligatory to ensure normal functioning of society and welfare of individuals. It is an obligation of society and people to implement all necessary measures to prevent or eliminate all the barriers that will hinder the realization of these values.The Shariah constantly seeks to embrace and endorse these values and enhance procedures for their continuation and progression. Furthermore, Islam as religion is greatly concerned with eradication of poverty and hardship of individuals and community, which is in consistency with the aims of Shariah. This is to ensure that people have prosperous life and that there will be no disruption to their normal life. The needs (hajiyyat ) serve as completing to the essentials. Without the needs, people will face hardship.However, non-existence of the needs will not lay down complete disruption of the normal order of life as is the case with the essentials. Ibn Ashur defined the meaning of complementary necessities in the following manner It consists of what is essential by the community for the achievement of its interest and the proper functioning of its affairs. If it is neglected, the social order will not actually collapse but will not function well. Likewise, it is not on the level of what is indispensable (daruri ). The embellishments ( tahsiniyyat ) relate to matters which bestow enhancement in the societyand guide to improved life.The admirable illustrations are Shariah s guidelines as clean body and attire for purpose of prayer, fling charity and avoiding lavishness and recommendation of supererogatory prayers (ibadat ). The rationale of all these are the accomplishment of integrity and perfection in entire fields of a persons behavior. However, without these values the society will still be able to function and normal life process will not be interrupted. The illustrations of these matters are voluntary ( sadaqah),and ethical and moral rules, and others. MAQASID AL-SHARIAH AND ISLAMIC FINANCEThe significance of the Maqasid al-Shariah in Islamic finance originates from the perspective of the wealth in Islamic law. This significance relates also to the objectives of the Islamic law in finance and business line transactions and to the overall goals of Shariah in wealth. The protection and preservation of the wealth is categorise in the sphere of necessary matters (daruriyyat). In previous section it has been elaborated that essentials necessities are those which, without their preservation, there would be disorder and anarchy in society.The abolition of preservation for these matters would have for result loss of everything that we embrace as precious (Ibn Ashur, 2006). This characterization and classification of Maqasid al-Shariah demonstrates the most important position of the wealth and the subject matter of the finance in Islamic law. Therefore, it must be highlighted here that the finance is recognized by Maqasid al-Shariah as valuable aspect of life. Furthermore, the finance is maintain by Islamic law in form of Islamic lawful decisions and guidelines.It is essentially important to stress on the realiz ation of Maqasid al-Shariah in the real Islamic finance transactions because of the several important reasons. First, there is a strong relationship between the objectives of Maqasid al-Shariah and the objectives of business transactions, as can be observed from the position of the wealth within Islamic law and Maqasid al-Shariah that requests the preservation of wealth in everyday business activities and the promotion of socially liable activities.As a result, if objectives of Maqasid al-Shariah in business transactions are neglected, it may result in poverty and anarchy. Second, the business transactions in domestic and outside(a) trade should be based on the principles of Islamic law, and the fundamental objectives of Maqasid al-Shariah in finance and business shall be applied as core guidelines to implement all types of financial transactions. Third, the particular objectives of Maqasid al-Shariah in business transactions must have perpetuity and constant outlook of the unive rsal objectives of Maqasid al-Shariah .Last but not the least, the regulations of business transactions should be within the rules and the requirements of Maqasid al-Shariah and Islamic law. In other words, Maqasid al-Shariah must administer and regulate the Shariah principle of the Islamic finance. CONCLUSION The purpose of every civilization is to promote peace, prosperity, and freedom for its own members and for all others through compassionate justice.The challenge for all of us therefore is how to do this. Hence, The One (Allah) Who creates knows, surely the One Who knows will converse. Since He will speak, surely He will speak to those who possess consciousness and thought, and those who will understand His speech. Since He will speak to those who possess thought, surely he will speak to mankind, whose nature and awareness are the most comprehensive of all conscious beings and indeed He has done by revealing the Quran.As much as we understand Maqasid al-Shariah which are undo ubtedly rooted in the textual injunctions of the Quran and Sunnah, we will achieve the goal and purpose that is advocated and upheld. 1. MAQASID AL-SHARIAH IN ISLAMIC FINANCE AN OVERVIEW, by mirza vejzagic 2. AL-MAQASID AL-SHARIAH THE OBJECTIVES OF ISLAMIC LAW, Mohammed Hashim Kamali 3. Maqasid al Shariah Strategy to Rehabilitate Religion in the States by Dr. Robert D. Crane 4. The Collection of Risale-i Nur, The Letters by Said Nursi