1. Copyright Reserved@2012_Mohd Zulkifli Muhammad 1 AFS2023 USUL FIQH The General Objectives of Shariah (Maqasid al-Shari’ah)

2. Copyright Reserved@2012_Mohd Zulkifli Muhammad 2 I: Introduction 2: The Essentials (al-Daruriyyat) 3: The Complimentary (al-Hajiyyat) 4: The Embellishments (al-Tahsiniyyat) CONTENTS

3. Copyright Reserved@2012_Mohd Zulkifli Muhammad 3 The primary objective of Shariah- the realization of benefit to the people. - concerning to their affairs both in this world and the hereafter. Introduction

4. Copyright Reserved@2012_Mohd Zulkifli Muhammad 4 The Quran explained the main objectives of Shariah when it declares: “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) Introduction

5. Copyright Reserved@2012_Mohd Zulkifli Muhammad 5 Ibn Qayyim al-Jawziyyah: explains that the Shariah aims at safeguarding people’s interest and preventing harm from them in this world and the next. But, how about the meaning of ‘rahmatan’ in this verse? Introduction

6. Copyright Reserved@2012_Mohd Zulkifli Muhammad 6 In another verse al-Quran describes the Shariah as a healing, guidance & mercy for mankind: “O mankind! There has come to you a good advice from your Lord, and a healing for that in your hearts, - a guidance and a mercy for the believers.” (Yunus: 57) Introduction

7. Copyright Reserved@2012_Mohd Zulkifli Muhammad 7 al-Shatibi (book: Al-Muwafaqat fi Usul al-Shariah)- explains maslahah as being the only principal objective of Shariah which is broad enough to comprise all measures that are beneficial to the people. Introduction

8. Copyright Reserved@2012_Mohd Zulkifli Muhammad 8 The majority of scholars agree- most of the injunctions of Shariah were revealed with certain objectives and reasons. Excepts in certain injunctions related to the rituals (ibadah)- only known to The Creator. Introduction

9. Copyright Reserved@2012_Mohd Zulkifli Muhammad 9 Different Categories of Objectives of Shariah

10. Copyright Reserved@2012_Mohd Zulkifli Muhammad 10 Can be divided into three categories namely: Can be divided into three categories namely: 1)The Essentials (al-Daruriyyat) 2)The Complimentary (al-Hajiyyat) 3)The Embellishments (al-Tahsiniyyat) Different Categories of Objectives of Shariah

11. Copyright Reserved@2012_Mohd Zulkifli Muhammad 11 1)The Essentials (al-Daruriyyat) = the matters on which the religion and worldly affairs of the people depend upon, their neglect will lead to total disruption and disorder and it could lead to evil ending.= the matters on which the religion and worldly affairs of the people depend upon, their neglect will lead to total disruption and disorder and it could lead to evil ending. Can be divided into five fundamental values:Can be divided into five fundamental values: Different Categories of Objectives of Shariah

12. Copyright Reserved@2012_Mohd Zulkifli Muhammad 12 Property(al-Mal) Intellect (al-’Aql) Protection of Al-Din Dignity or Lineage (al-’Ird) Life(al-Nafs) The Essentials al-Daruriyyat

13. Copyright Reserved@2012_Mohd Zulkifli Muhammad 13 the most important values. the most important values. obligatory to all Muslim to protect his al- Din at personal level and at every level. obligatory to all Muslim to protect his al- Din at personal level and at every level. achieved through the observance of the different kind of Ibadah. achieved through the observance of the different kind of Ibadah. What does the believers get when they execute all these rituals? What does the believers get when they execute all these rituals? 1. Protection of al-Din

14. Copyright Reserved@2012_Mohd Zulkifli Muhammad 14 will increase the ‘iman’ and, will increase the ‘iman’ and, will therefore be a shield to protect the person from committing sin or becoming apostate and indulging in any action that will obliterate his din. will therefore be a shield to protect the person from committing sin or becoming apostate and indulging in any action that will obliterate his din. 1. Protection of al-Din

15. Copyright Reserved@2012_Mohd Zulkifli Muhammad 15 Example: “…and perform al-salat. Verily, al- salat prevents from al-fahsha and al-munkar.”Example: “…and perform al-salat. Verily, al- salat prevents from al-fahsha and al-munkar.” (al-Ankabut: 45) (al-Ankabut: 45) what the meaning of al-fahsha and al- munkar? what the meaning of al-fahsha and al- munkar? 1. Protection of al-Din

16. Copyright Reserved@2012_Mohd Zulkifli Muhammad 16 the protection of al-Din at the wider scope involves defending Islamic faith particularly if it is attacked by the enemy of Islam (such as Israeliyyat). the protection of al-Din at the wider scope involves defending Islamic faith particularly if it is attacked by the enemy of Islam (such as Israeliyyat). The responsibility to protect al-Din falls under the category of preventing evil. The responsibility to protect al-Din falls under the category of preventing evil. 1. Protection of al-Din

17. Copyright Reserved@2012_Mohd Zulkifli Muhammad 17 must be protected in all circumstances there is no different between the life of the rich and poor, between the leader and the subordinates, Muslims and non-Muslims. 2. Protection of Life (al-Nafs)

18. Copyright Reserved@2012_Mohd Zulkifli Muhammad 18 “ Nor take life - which God has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand qisas or to forgive): but let him nor exceed bounds in the matter of taking life; for he is helped (by the Law).” ( al-Isra’: 33) 2. Protection of Life (al-Nafs)

19. Copyright Reserved@2012_Mohd Zulkifli Muhammad 19 in order to protect life, the Shariah has enacted severe punishment for those who kill other. the punishment is death penalty in Islam. 2. Protection of Life (al-Nafs)

20. Copyright Reserved@2012_Mohd Zulkifli Muhammad 20 “O you who believe, equivalence is the law decreed for you when dealing with murder - the free for the free, the slave for the slave, the female for the female. If one is pardoned by the victim's kin, an appreciative response is in order, and an equitable compensation shall be paid. This is an alleviation from your Lord and mercy. Anyone who transgresses beyond this incurs a painful retribution.” (al-Baqarah: 178) 2. Protection of Life (al-Nafs)

21. Copyright Reserved@2012_Mohd Zulkifli Muhammad 21 in the punishment of the murderer, one life is killed because of the crime, give the justification behind this punishment? 2. Protection of Life (al-Nafs)

22. Copyright Reserved@2012_Mohd Zulkifli Muhammad 22 “Equivalence is a life saving law for you, O you who possess intelligence, that you may be righteous.” (al-Baqarah: 179) 2. Protection of Life (al-Nafs)

23. Copyright Reserved@2012_Mohd Zulkifli Muhammad 23 it is important to note that generally, saving of one’s life is required, however, it should not be done at the expense of other lives. “A particular harm shall not be removed by inflicting another harm” 2. Protection of Life (al-Nafs)

24. Copyright Reserved@2012_Mohd Zulkifli Muhammad 24 includes the protection of individual rights to privacy and not exposing or accusing others of misbehaviors. includes the protection of individual rights to privacy and not exposing or accusing others of misbehaviors. ensuring that the relationship between man and women are done in respectful and responsible way. ensuring that the relationship between man and women are done in respectful and responsible way. 3. Protection of Dignity or Lineage (al-Ird)

25. Copyright Reserved@2012_Mohd Zulkifli Muhammad 25 Islam prohibits it followers from accusing others of mischief such as committing adultery or other immoral behaviors. Islam prohibits it followers from accusing others of mischief such as committing adultery or other immoral behaviors. “Evidence is for the person who claims (accuse) the oath for the person who denies (the accusation)” “Evidence is for the person who claims (accuse) the oath for the person who denies (the accusation)” 3. Protection of Dignity or Lineage (al-Ird)

26. Copyright Reserved@2012_Mohd Zulkifli Muhammad 26 must be substantiated by proofs otherwise punishment will be imposed for false accustaion. must be substantiated by proofs otherwise punishment will be imposed for false accustaion. al-Qazfal-Qazf “And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;”“And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;” (al-Nur: 4) 3. Protection of Dignity or Lineage (al-Ird)

27. Copyright Reserved@2012_Mohd Zulkifli Muhammad 27 Islam has also regulated the relationship between man and women in order to protect their dignity. Islam has also regulated the relationship between man and women in order to protect their dignity. free mixing between the two sexes is disallowed. free mixing between the two sexes is disallowed. unmarried man and women shall not be with a strange person (non-mahram) unmarried man and women shall not be with a strange person (non-mahram) 3. Protection of Dignity or Lineage (al-Ird)

28. Copyright Reserved@2012_Mohd Zulkifli Muhammad 28 so, the solution?- marriage- to protect from evil deeds and to protect their dignity- (Hadis- protect eye and desire). so, the solution?- marriage- to protect from evil deeds and to protect their dignity- (Hadis- protect eye and desire). Islam disallows the manipulation of women. Islam disallows the manipulation of women. 3. Protection of Dignity or Lineage (al-Ird)

29. Copyright Reserved@2012_Mohd Zulkifli Muhammad 29 in adition, when Islam tells its followers to cover their ‘aurah, this is one of the ways of protecting their dignity. in adition, when Islam tells its followers to cover their ‘aurah, this is one of the ways of protecting their dignity. there is no doubt that women who cover their ‘aurah are respected and are safer compared to those who display the part of body that are supposed to be covered. there is no doubt that women who cover their ‘aurah are respected and are safer compared to those who display the part of body that are supposed to be covered. 3. Protection of Dignity or Lineage (al-Ird)

30. Copyright Reserved@2012_Mohd Zulkifli Muhammad 30 the prohibition of adultery in Islam is another manifestation of the protection of dignity. the prohibition of adultery in Islam is another manifestation of the protection of dignity. “The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by God, if ye believe in God and the Last Day: and let a party of the Believers witness their punishment.” “The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by God, if ye believe in God and the Last Day: and let a party of the Believers witness their punishment.” (al-Nur: 2) (al-Nur: 2) 3. Protection of Dignity or Lineage (al-Ird)

31. Copyright Reserved@2012_Mohd Zulkifli Muhammad 31 the above punishment is for an unmarried person who committed adultery, but how about punishment for the married person? the above punishment is for an unmarried person who committed adultery, but how about punishment for the married person? 3. Protection of Dignity or Lineage (al-Ird)

32. Copyright Reserved@2012_Mohd Zulkifli Muhammad 32 - is a great gift from Allah (s.w.t) to mankind. - is a great gift from Allah (s.w.t) to mankind. everyone should protect this gift by utilizing the mental for the benefit of all and not for any kind of evil or anything that might lead to destruction. everyone should protect this gift by utilizing the mental for the benefit of all and not for any kind of evil or anything that might lead to destruction. 4. Protection of the Intellect or Mind (al-’Aql)

33. Copyright Reserved@2012_Mohd Zulkifli Muhammad 33 Islam has given freedom for its followers to express their views and has tolerated the differences of views and opinions- must conform with the moral and ethical values that is provided by al-Quran and Sunnah. Islam has given freedom for its followers to express their views and has tolerated the differences of views and opinions- must conform with the moral and ethical values that is provided by al-Quran and Sunnah. everyone should respect & be able to accept the differences without having any prejudice towards others. everyone should respect & be able to accept the differences without having any prejudice towards others. 4. Protection of the Intellect or Mind (al-’Aql)

34. Copyright Reserved@2012_Mohd Zulkifli Muhammad 34 The Prophet (s.a.w.) is the best example in allowing his companion to express their views and will always accept the best view.- example: during the battle of Badr. The Prophet (s.a.w.) is the best example in allowing his companion to express their views and will always accept the best view.- example: during the battle of Badr. The Prophet- encourage to practice Ijtihad (independent reasoning) in resolving the various issues that arise in the Muslim ummah. The Prophet- encourage to practice Ijtihad (independent reasoning) in resolving the various issues that arise in the Muslim ummah. 4. Protection of the Intellect or Mind (al-’Aql)

35. Copyright Reserved@2012_Mohd Zulkifli Muhammad 35 Hadith narrated by ‘Amr ibn al-’Aas: “If a ruler make an ijtihad and he is precise in it, he will be rewarded with two reward, if, however, he make a mistake, he will be rewarded with one reward.” Hadith narrated by ‘Amr ibn al-’Aas: “If a ruler make an ijtihad and he is precise in it, he will be rewarded with two reward, if, however, he make a mistake, he will be rewarded with one reward.” Protection of the mind requires safeguarding it from anything that might harm the ability and function of brain. (Refer al-Maidah: 90) Protection of the mind requires safeguarding it from anything that might harm the ability and function of brain. (Refer al-Maidah: 90) 4. Protection of the Intellect or Mind (al-’Aql)

36. Copyright Reserved@2012_Mohd Zulkifli Muhammad 36 Acquiring property is one of the necessities of mankind. Acquiring property is one of the necessities of mankind. people would like to have all the necessary protection and security for his/her property. people would like to have all the necessary protection and security for his/her property. Islam has ordered- no one should transgress and acquire the property of others without legitimate reasons and without proper contract. Islam has ordered- no one should transgress and acquire the property of others without legitimate reasons and without proper contract. 5. Protection of Property (al-Mal)

37. Copyright Reserved@2012_Mohd Zulkifli Muhammad 37 “ And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people's property.” “ And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people's property.” (al-Baqarah: 188) (al-Baqarah: 188) 5. Protection of Property (al-Mal)

38. Copyright Reserved@2012_Mohd Zulkifli Muhammad 38 al-Quran has also warned of severe punishment in the Day of Judgment against those who acquire the properties of others unlawfully: al-Quran has also warned of severe punishment in the Day of Judgment against those who acquire the properties of others unlawfully: “Those who unjustly eat up the property of orphans, eat up a Fire into their own bodies: They will soon be enduring a Blazing Fire!” (an-Nisa’: 10) “Those who unjustly eat up the property of orphans, eat up a Fire into their own bodies: They will soon be enduring a Blazing Fire!” (an-Nisa’: 10) “That they took usury, though they were forbidden; and that they devoured men's substance wrongfully;- we have prepared for those among them who reject faith a grievous punishment.” (al-Nisa’: 161)“That they took usury, though they were forbidden; and that they devoured men's substance wrongfully;- we have prepared for those among them who reject faith a grievous punishment.” (al-Nisa’: 161) 5. Protection of Property (al-Mal)

39. Copyright Reserved@2012_Mohd Zulkifli Muhammad 39 there are several ways of acquiring the property of others illegitimately- taking usury (riba), cheating in transaction, breaking the trust in matters related to property, stealing the property of others and so on. there are several ways of acquiring the property of others illegitimately- taking usury (riba), cheating in transaction, breaking the trust in matters related to property, stealing the property of others and so on. 5. Protection of Property (al-Mal)

40. Copyright Reserved@2012_Mohd Zulkifli Muhammad 40 Islam imposed severe punishment for those who steal the properties of other- chopping off the hand of a thief. Islam imposed severe punishment for those who steal the properties of other- chopping off the hand of a thief. “ O ye who believe! Do your duty to God, seek the means of approach unto Him, and strive (with might and main) in His cause: that ye may prosper.” “ O ye who believe! Do your duty to God, seek the means of approach unto Him, and strive (with might and main) in His cause: that ye may prosper.” (al-Maidah: 38) (al-Maidah: 38) 5. Protection of Property (al-Mal)

41. Copyright Reserved@2012_Mohd Zulkifli Muhammad 41 The Complimentary (al-Hajiyyat)

42. Copyright Reserved@2012_Mohd Zulkifli Muhammad 42 refers to those kind of interests whose neglect leads to hardship of the individual or community although it does not lead to the total disruption of normal life- supplement to the five essential. The Complimentary (al-Hajiyyat)

43. Copyright Reserved@2012_Mohd Zulkifli Muhammad 43 example of al-hajiyyat- the dispensations or legal excuse (rukhsah) that the Shariah has granted in regards to ibadah for the travellers and the sick, the enjoyment of victuals and hunting. example in the area of muamalah- the ban of profiteering (ihtikar), ban of sale of alcohol so as to prevent its consumption The Complimentary (al-Hajiyyat)

44. Copyright Reserved@2012_Mohd Zulkifli Muhammad 44 The Embellishments (al-Tahsiniyyat)

45. Copyright Reserved@2012_Mohd Zulkifli Muhammad 45 refer to interests whose realization lead to improvement and the attainment of that which is desirable. example= the observance of cleanliness in personal appearance and in ibadah, moral virtues, avoiding extravagance and so on. The Embellishments (al-Tahsiniyyat)

46. Copyright Reserved@2012_Mohd Zulkifli Muhammad 46 the disappearance of tahsiniyyat may not interrupt the normal life, but it might lead to the lack of comfort life. The Embellishments (al-Tahsiniyyat)

47. Copyright Reserved@2012_Mohd Zulkifli Muhammad 47 Thank you very much for your attention Best wishes to you in your endeavours and may God bless you.