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M A Q A S I D - ‫مقاصد‬

ABDULLAH AL-HASAN’S BLOG PAGE -‫عبدال الحسن‬

Shaykh ‘Allamah al-Muhaddith al-Usuli al-Faqih Abdullah Al-Judai’[KNOWING THE OBJECTIVES OF
DEVINE LEGISLATION]*
December 18, 2007

THE SCIENCE OF AL-MAQASID

The objectives of Shari’ah are the goals behind Allah’s legislation and design of His laws.

Every law of Allah has a goal behind it, well intended; and it brings back a return of benefit, maslaha. One will
acquire it in this world; in the hereafter or in both. It is all part of Allah’s kindness and mercy and His good will
towards man. Allah is man’s creator and shaper, the one who designed his hearing and his seeing knows best
what enhance him, what fixes him and what benefits him. In fact, He is Allah who knows man more than man
knows himself. “Does He not know the one who created [all]; that He is the discreet and Well-informed.’’
[Qur’an: 67:14]

Also there is no surprise that being charged with duties and responsibilities by Allah [at- Takleef] has its share of
hardship, however that mashaqqah [hardship] is bearable and is a decreed and necessary aspect of it. Allah said’
Allah doesn’t burden a soul more than it can bear.’ [Qur’an: 2:286] This is why when the situation reaches a
point where the mashaqqah is no more bearable then the duty and responsibility [Takleef] is lifted and dropped.

Nevertheless, the mashaqqah within an Islamic duty in essence is one which a person can handle and bare;
anticipating the ascending good benefits that arises at the expense of the hardship. In real terms one is baring the
lesser harm [darar] in acquiring the greater benefits.

Reflect on the example that given at a time when fighting was prescribed: ‘’Fighting has been prescribed for you
but it is detestable to you. Perhaps you dislike something which is good for you; and perhaps you love something
which is bad for you. Indeed it is Allah who knows and you do not.” [Qur’an: 4:104]

The core of the matter is: all that is intended by Allah’s rules in His Din intends to profit the mukallaf [person or
legally responsible]. This is a fact known outwardly conceived in the wisdoms [hikam] of divine law and the
‘llah of the laws and how they both [all] are in harmony with sounds minds that maintain integrity and
impartiality.

Two great realities can be summed up from this:

1. In all of Allah’s laws there is absolute wisdom and justice; nothing escapes it.

This contradicts what people who have passed out of this religion suppose, that there are Shari’ah laws which do
not constitute wisdom and justice. Their intellectual limitation in understanding Allah’s will, although they are
apparent, and disbelief and hypocrisy are a great curtain fallen between attaining the truth.

2. The Laws of religion are complete; they do not allow rebutting nor any addition. On of the last revelation
Allah revealed to His Prophet was: “This day I have completed for you your religion, I have perfected my favour
upon you and I am satisfied for you with Islam as din.” [Qur’an: 5:3]

This is comprehensive; and embraces ibadaat, worship, or mu’amalat, dealings and other interaction because
“din” embraces all of the legislation of Islam.
I have previously mentioned in “Sources and evidence of rules” that all evidence including those which are
based on scholarly calculated best opinions; are all derived from Wahy. Ijtihad is not merely following ones
perceived commonsense, intellect and reason, as that could lead its contender to following subjective,
preferential alterations and personal variation [hawa]. Ijtihad necessitates following the foundation of Shari’ah
itself. Everything which can be attributed to Islamic Shari’ah can be cited or alluded to from these very source
and evidence.

Since the aim of Divine legislation is to fulfill masalih, [betterment, well-being, interests, and development], of
people, it is necessary to believe that it includes the laws surrounding that welfare: that which brings it into
existence, securing it and what protects and perpetuates it.

TYPES OF MASALIH INTENDED BY DIVINE LEGISLATION

Of the greatest things a Faqih, jurists must know are the grand folders which all masalih fall under which all laws
of Islam came to fulfill:

1. Knowledge of the facets of wisdom and meaning legislation. That is by exposing them so people acquire
insights into them and about them. That is also by commemorating the splendor of this majestic Shari’ah and its
unique qualities; its suitability for all times and places; to provide verification and testimony that it is the law that
is supreme and the balance that must be erected. “And who is better than Allah in law-making for people who
have certainty’’. [Qur’an: 5:50]

2. To keep them under careful and considerable consideration when deriving law and when looking at new
events and issues where Ijtihad is required. It is only possible to arrive at the truth by deliberating over and
giving due consideration to the respect of Allah’s law the Ijtihad corresponds to. This correspondence and
agreement is not mere agreement in word but in meaning and concept, the very concepts those words represent
and radiate. These concepts and meanings are the hikam, wisdoms, of the law, the ilal of laws and these are the
masalih of people.

There are three broad categories which masalih fall under, there is no fourth. Previously they were mentioned in
the evidence ‘’al-maslaha al-mursalah.’’ Where they were mentioned in summary, here they are gain with further
elaboration:

The first type:

The Daruriyat, necessities: Every imperative matter which is required for one’s welfare in religion and in one’s
world, such that if it were lost, one’s welfare in the world would not stay up. In fact they would be ruined and
devastated and in the hereafter where would be humiliation and regret and great loss.

The five necessities are religion, life, mind, wealth, and honour. The Shari’ah preserves them with two matters:

A] Establishing its pillars and strengthening its foundations

B] Averting inherent and inevitable flaws and weakness.

1] To preserve the Din:

Belief and Tawhid was made obligatory, as was, Salah, Zakat, hajj ect and so was enjoining of good and
forbidding of evil, and jihad so submission and din would belong to Allah. In contrast to that is, the prohibition
of kufr, and divergent paths; the prohibitions of additions to the din by innovation in it that which has no
foundation in the law; and also the requirement to execute the apostate and warmonger [thorough the judicial
system].

The Shari’ah emphasizes preserving religion and religiousness by commanding what reinforces one’s
steadfastness upon it which are the mukammalat, completers, of the necessities. For the necessity of Iman,
remembrance of Allah is legislated. It would raise and strengthen Iman at its roots by way of tasbeeh, tahleel,
tahmeed and supplicating for forgiveness. The necessity of prayer is protected by mukammalat such as the call to
prayer which announces its time, the congregation prayer and so on.
Preserving Din is identical to preserving one’s cause for honour on the world and accomplishment in the
afterlife.

2] Preserving Life: The Shari’ah has legislated marriage for the preservation of life by reproduction. It made
lawful food, drink, clothes and homes and all that is needed to live one’s life to its fullest and for it to continue. It
forbids all that ends life like administering deadly poisons, and likewise the prohibition of suicide as Allah said:
‘’And do not kill yourselves,’’ [Qur’an: 4:29], and all that weakness life taking or leaving what causes and
sickness.

It has legislated Qisas, retribution, of the murder, as He said, ‘’Indeed in qisas you have life O people of wisdom
so you may learn to be in awe and consciousness of your duty to Allah.’’ [Qur’an: 2:179]. It forbade actions of
enmity against others with regards his life or a limb where there is no right. Likewise the rules of blood money
have been legislated for those who violate those laws.

Its mukammil includes prohibiting that which obstructs the further completion of this principle so it has
commanded equality in Qisas so it does not spiral if the executed murder and the killed do not lead to further
transgression, which qisas comes to eliminate.

3] Preserving Sanity [aql]. The Shari’ah has permitted all that maintain it, so it is retained fully with the person,
putting it into use where benefit can be secured in the world and hereafter. All that causes its weakness or its
elimination is forbidden where a person has choice, so suspending sanity by drinking intoxicants, requires
punishment. Likewise, a small amount of wine is forbidden even if a person remains sober as a means of
perfecting the preservation of this necessity, in order to close the route to the harm.

‘Aql is required in Takleef, and is its foundation, like it is also bring about justice in all actions.

4] Ways to grow wealth have been legislated which bring about blessing in it. It prohibited transgressing by
means of theft, or by consuming it in ‘falsehood.’ ‘’O you who believe do not consume wealth amongst yourself
in falsehood.’’ [Qur’an: 4:29]. Such is consuming usury as theft and stealing necessities the cutting off of the
thief’s hand. Wasting wealth is also forbidden.

By wealth one fulfills their life. ‘’And give not to the foolish your property which Allah has made a means of
support for you.’’ [Qur’an: 4:5]

5] Preserving honour: The Shari’ah protects a person from the steps that lead to Zina. It explains its dangers
which ruin the din. Thus zina is forbidden and it requires a corporal punishment to protect the lineage. It also
requires had for a accusing someone innocent of zina. Honour causes the Muslim community to hold fast to one
another, and keeps it close.

Hajiyat, needs: It is every matter which people need to alleviate the haraj [hardships] however, its absence does
not forfeit a daruri [necessity] for them. Nevertheless its non-existence does lead to hardships which are difficult
for the mukallaf to bear.

One of the foundations of this Shari’ah is that it comes with ease and to raise haraj [hardships]:

‘’…and has not laid upon you in religion any hardship’’ [Qur’an: 22’78]

‘’…Allah does not want to place you in difficulty’’ [Qir’an: 5:6]

‘’…Allah intends for you ease, and He does not want to make things difficult for you’’ [Qur’an: 2:185]

‘’Allah wishes to lighten [the burden] for you; and man was created weak’’ [Qur’an:4:28]

EXAMPLES OF LEGISLATION WHICH FULFILLS THIS TYPE OF MASALIH

1] In acts of worship:

The Shari’ah has legislated rukhus [exemptions, dispensations] like wiping over the khuffain; the option to not to
stand in the prayer; that women do not have to prayer Jum’a; the shortening of the travelers prayer; combining
two prayers for a need; that the traveler and poorly [unwell] are exempt from fasting; to perform the stoning on
behalf of women or the frail in hajj and other types of exemptions where the law intends to lift off difficulty from
worshippers.

2] In daily Life:

The Shari’ah has legislated the permissibility to enjoy tayyibat, that which is wholesome and good, but without
waste or arrogance. Food, drink, clothing, riding animals, clothing and other sources of benefit are all permitted
by the law. Likewise, hunting/fishing, going on trips, entertainment, are all permitted to give leisure to the soul
and rest; averting boredom and disinterest on the condition they do not hinder any daruri [necessity].

3] In dealings and transactions:

It has exempted types of trade which are exceptions to the general rules, like salam and istithna’: both are types
of trade where one trades with what one does not possess. They are permitted under specific conditions as a need
in the same way as divorce is permitted to terminate a marital contract; this to avert unbearable hardships
sustained from unpleasant marriages.

4] In criminal justice:

The Shari’ah has legislated the principle to suspend hudud [physical punishment] in cases of doubt. In case of
accidental murder [homicide], the blood money becomes the responsibility of the murderer’s family on the
father’s side.

Tahsiniyat, Embellishments:

Tahsiniyat is to apply good aspects of everyday behavior in life and to do away with harmful aspects.

In these issues the Shari’ah is extremely descriptive. Well balanced minds naturally gravitate towards them so
the Shari’ah laws confirm whatever goodness people were upon before Islam. However, it subjects it to
adjustments, improvements and refinements so that it falls under the subject matters of this great law in the best
possible way.

Thus the prophet said: ‘’Indeed I have been sent to perfect righteous behavior’’ [Sahih, Ahmed, Adab al-Mufrad]
and in another version, ‘’honorable behavior’’ [Sahih, Al-Bazzar, al-Baihaqi].

Allah, the Majestic and the Sublime said: ‘’…but He wants to purify you, and to complete His Favour to you…’’
[Qur’an: 5:6]

And the prophet [peace be upon him] said: ‘’Indeed Allah is beautiful and He loves beauty’’ [Muslim]

EXAMPLE OF HOW THE SHARIAH FULFILLS THIS TYPE OF MASLAHA

1] In Worship:

Shari’ah has legislated the removable of impurities from the body and clothes; the covering of the ‘awrah and to
dress appropriately and well for Salah; to do extra prayers, fasts and charity; to perform the sunans of
purification and prayer and their etiquettes and other types of improvements and embellishments.

2] In every day life:

The Shari’ah has legislated etiquettes of eating, drinking and clothing; not to eat or drink impurities; to respect
elders; to be gentle with children; to avoid solitude with ajnabiyat [non-mahram], and the manners of greeting
and smiling; and removing all harms from people’s path.

3] In dealings and transactions:

The Shari’ah has forbidden mayyitah [un-sacrificed, dead animal] and pork transaction; and has forbidden a
woman from giving herself away in marriage; has forbidden a person from suggesting a transaction at a better
price when an original transaction has almost closed; and to suggest a marriage proposal when another proposal
has been concluded; and has forbidden defrauding, and trickery in trade and all other transactions.
4] In criminal justice:

The Shari’ah has prohibited the killing of women and children in Jihad and likewise prohibited mutilation
dismemberment and also prohibited fleeing from the front line.

*[Chapter on Maqasid from Taysir Ilm Usul al-Fiqh of Al-Judai'. For a brief bio of the Shaykh click Here]
Posted in Maqasid Sharia'h |