Maqasid Al-Shari’ah Calls for Establishment of Justice

Assignment

Submitted to:

                        Dr. Minhas Akbar

Submitted by:

                        Kaynat Iftikhar                 FA17-BSS-012        

Subject:

                        Islamic Finance

Topic:

                        Objectives of Shari’ah

Date of submission:                5-12-2018

[pic 1]                        

Explain the Objectives of Shari’ah with respect to Islamic banking & Finance?

Maqasid al-Shari’ah calls for establishment of justice, elimination of unfairness and lessening of hardship. It endorses relationship and mutual support within the family and community in general (Dusuki, 2009a; ; ). This has for outcome a protection of public interest (maslahah) as the most important objective of the Shari’ah. It is associated with people livelihood in this world and the Hereafter. Furthermore, it also seeks to stop people against wrongdoings, such us corruption, theft and injustice. Every judgment in Shari’ah appears with reasoning and with a purpose, which is to shelter and protect public interests (maslahah) in all aspects and segments of life.

Definition of Objectives or Maqasid ul Sahriah:

The word “Maqsid” (plural: Maqasid) reflects a meaning of purpose, objective, principle, intent, goal (kamali, 2008,a). Maqasid involve the wisdom and knowledge behind judgments, the objectives of particular actions. As for the term “Shari’ah”, some scholars define the word as following strictly the orders of Allah or the way of Islam (din). Hence, Maqasid al-Shari’ah represents “the objectives and the rationale of the Shari’ah”. It encompasses all disciplines, laws, regulations, policies, instructions, obligations, principles, beliefs, devotion and actions designed to protect the interest of human beings in all segments and aspects of life.

Characteristics of Maqasid-ul -Sahriah:

The Maqasid-ul-Sahriah has four main characteristics:

• Basis of legislation:

Legislation has to serve all human beings and save them from harm.

• Universal

Aiming to serve the interest of mankind and requiring the adherence of all human beings.

• Inclusive

They cover all human acts whether they are related to Ibadat (responsibilities to God) or muamalat (responsibilities towards other human beings).

• Definitive

They have not derived from a single text or item of evidence, but from a multiplicity of texts and different aspects of evidence.

Classification of Maqasid-ul-Sahriah:

Imam Ghazali, one of the earliest scholars has categorized the objectives into two primary categories; the deeni (related to deen) and the dunyawi (related to this material world). The dunyawi purposes are further divided into four types, which are all individually meant to serve the single deeni purpose. The four dunwayi purposes are protection of nafs (life), nasl (lineage), ‘aql (intellect), and maal (wealth).

Furthermore, these maqasid are categorized into three broad categories, the daruriyyat (essentials), the hajiyyaat (supporting), and the tahseeniyyaat (embellishments). The daruriyyat are those which are undoubtedly necessary, with no exception, for the benefits of deen and dunya, and the absence of which will lead to chaos. Allamah Qaradawi discussed these daruriyyat into two main divisions, i.e. those which are necessary to be safeguarded, and those which are necessary to be eliminated. However, Imam Shatibi considers the five essentials mentioned above among the daruriyyat as:

1. To protect religion/ Al-deen:

On top that Sahriah came to preserve and protect is religion. Religion is what differentiates human being from the other creations of Allah. Shariah makes it forbidden to afflict people in their faith or to force them to embrace another religion even if this other religion is Islam. A general look at the rituals of Islam reveals that a major goal behind them is to strengthen people’s faith and the relationship between people and their Creator. Shariah for example, legislates fighting (knowing as Jihad) to protect against many types of transgression, foremost of which is transgression over people’s religion.  

1. To protect life/ Al-Jasad:

Saving the life of one person is as if the life of all humanity is saved. In Islam, we are not allowed to kill anybody, it is totally prohibited and the punishment for this act is quite hefty, i.e. the murderer must be punished in the way he commit the murder. It also prohibits injuring people, harming them physically or even symbolically. It allows and encourages people to live honorably, gives them the right to move, think, and speak freely responsibly.

1. To protect intellectual/ Al- A’qal :

In Islam, people are strongly encouraged to seek knowledge. And also, any material that might damage brain and intellectual is totally prohibited, like intoxicant (arak).

1. To protect dignity and descendant/ An-Nasab:

To protect dignity, Islam strongly recommends people to get married. Islam also forbids any sexual relation before marriage and same sex marriage is strictly forbidden. Marriage is protected by law from the abuse of either of the spouses, or the abuse of people outside the family. Accusing someone, especially women, of having unlawful sexual relations deserves a strong punishment since spreading such rumors demolishes marriages and is dishonorable. Divorce although allow is discouraged by demanding spouses to endure patience.

1. To protect property and wealth/ Al-Maal:

Islam liberates people to seek their wealth in positive way. Therefore, there are few unjust transactions that have been prohibited in Islam like usury (riba) etc. In addition, there is strict punishment for those who steal someone’s belonging.

The hajiyyaat are the interests which are required for the betterment of the society, absence of which though may not create chaos, however may lead to hardship and difficulty. Since many Hanafi followers view unnecessary movement in the Salat as invalidators of prayer, and therefore do not opt to switch off their ringing hand phones with musical ringtones while they are in the prayer. With this, they are causing disturbance to their as well as other’s prayers, hence in this case it can be considered as hajiyyaat to switch off a ringing hand phone while one is praying.