GT20302

USUL FIQH
The General
Objectives of Shariah
(Maqasid al-Shari’ah)

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 CONTENTS
I: Introduction
2: The Essentials (al-Daruriyyat)
3: The Complimentary (al-
Hajiyyat)
4: The Embellishments (al-
Tahsiniyyat)

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 Introduction

•The primary objective of

Shariah- the realization of
benefit to the people.
•- concerning to their affairs
both in this world and the
hereafter.

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 Introduction

• 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)
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 Introduction

• 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?
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 Introduction
• 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)
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 Introduction

• 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.

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 Introduction
• 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.

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Different Categories of
Objectives of Shariah

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 Different Categories
of Objectives of
Shariah
• Can be divided into three
categories namely:
1) The Essentials (al-Daruriyyat)
2) The Complimentary (al-
Hajiyyat)
3) The Embellishments (al-
Tahsiniyyat)

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 Different
Categories of
Objectives of
Shariah
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.
• Can be divided into five
fundamental values:
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 Protection of
Al-Din
Property Life
(al-Mal) (al-Nafs)
The Essentials
al-Daruriyyat
Dignity or
Intellect Lineage
(al-’Aqd) (al-’Ird)

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 1. Protection of al-
Din
• the most important values.
• 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.
• What does the believers get
when they execute all these
rituals? Copyright Reserved@2008_Mohd Zulkifli Muhammad 16
 1. Protection of al-
Din
• 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.

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 1. Protection of al-
Din
•Example: “…and perform al-salat.
Verily, al-salat prevents from al-
fahsha and al-munkar.”
(al-
Ankabut: 45)

• what the meaning of al-fahsha

and al-munkar?

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 1. Protection of al-
Din
• 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.

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 2. Protection of Life (al-
Nafs)
• 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.

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 2. Protection of Life (al-
Nafs)
• “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’:
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 2. Protection of Life (al-
Nafs)
• in order to protect life, the
Shariah has enacted severe
punishment for those who kill
other.
• the punishment is death
penalty in Islam.

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 2. Protection of Life (al-
Nafs)
• “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)

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 2. Protection of Life (al-
Nafs)
• in the punishment of the
murderer, one life is killed
because of the crime, give the
justification behind this
punishment?

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 2. Protection of Life (al-
Nafs)
• “Equivalence is a life saving
law for you, O you who possess
intelligence, that you may be
righteous.”
(al-Baqarah:
179)

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 2. Protection of Life (al-
Nafs)
• 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”
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 3. Protection of Dignity
or Lineage (al-Ird)
• 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.

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 3. Protection of Dignity
or Lineage (al-Ird)
• 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)”

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 3. Protection of Dignity
or Lineage (al-Ird)
• must be substantiated by proofs
otherwise punishment will be imposed
for false accustaion.
• al-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
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transgressors;”
 3. Protection of Dignity
or Lineage (al-Ird)
• Islam has also regulated the
relationship between man and
women in order to protect their
dignity.
• free mixing between the two
sexes is disallowed.
• unmarried man and women shall
not be with a strange person (non-
mahram)
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 3. Protection of Dignity
or Lineage (al-Ird)
• 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.

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 3. Protection of Dignity
or Lineage (al-Ird)
• 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.
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 3. Protection of Dignity
or Lineage (al-Ird)
• 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.”
(al-Nur:
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2)
3. Protection of Dignity
or Lineage (al-Ird)

To Be Continued………

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