Al Maqasid Al Sharia

CIFP SH1002 SHARIAH ASPECTS IN BUSINESS AND FINANCE AL-MAQASID AL-SHARIAH THE OBJECTIVES OF Moslem LAW DEFINITION OF MAQASID AL SHARI AH The word Maqsid (plural Maqasid ) springs a subject matter of purpose, objective, principle, intent, goal. Maqasid comprise the wisdom and knowledge puke rulings, the objectives of particular actions. As for the term Shariah , some 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 each 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. Various scholars assume tried to elucidate the purposes and the objectives of Shariah upon which it is eshitchlished. Among these the exceptional individuals are the Malikite Abu Ishaqal-Shatibi, 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 commonwealths interest in this human being and the Hereafter. Referring to the maqasid al-Shariah , al-Ghazali said The objective of the Shariah is to promote the welfare of human beings, which lies in safeguarding their faith, their life, their intellect, their posterity, and their wealth. Whatever regards the safeguard of these five of imports serves public interest and is desirable. Al-Shatibi approves al-Ghazalis list and sequence, presentby indicating that they are the some preferable in terms of their harmony with essence of Shariah .Finally, Ibn Ashur provides a broader definition stating that Both its planetary rules and particularised proofs indicate that the all-purpose principle(maqsad amm) of Islamic legislation is to preserve the social recite of the community and overcompensate its healthy progress by promoting the hale-being and righ teousness ( salah ) of that which prevails in it, namely, the human species. The well-being and right 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 whither they live that are put at their disposal.Maqasid al-Shariah An Over descry Maqasid al-Shariah calls for establishment of justice, elimination of unfairness and alleviation of privation. It endorses relationship and shared support inside the family and community in general. This has for awaycome a preservation of public interest (maslahah) as the most important objective of the Shariah. Shariah recognizes three areas which constitute well- being, namely, endorsing benefits (maslahah ) to people, educating individual and establishing justice. peerless of the objectives and the fundamental principle of the Shariah is endorsing benefits (maslahah) to the people. It is associated with people livelihood in this world and the Hereaft er Quranic verse and establish regular prayer for prayer restrains from shameful and below the belt 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). Every verdict in Shariah appears with reasoning and with a purpose, which is to protective covering and protect public interests (maslahah ) in all aspects and segments of life.It should alike be observed that in specific do emergence of arguments between endorsement of benefit and shunning of evil arise. If none appears to be preferable, then avoidance of evil takes precedence over the recognition of benefit. Educating individuals is an essential objective of Shariah, too. Education encourages people with faith and Taqwa (consciousness of Allah s. w. t. ) in order to accomplish public objectives. A truthful and moral soul stick out emerge as representative of others and bearer of the ruling of Shariah related to ibadah , muamalah a nd jinayah.Lastly, one of the objectives of the Shariah is to maintain the standards of justice (adl ). It moldiness be found on creation of equilibrium which accomplishes rights and responsibilities on one side, and abolishes unfairness and inequality on the other. It must adopt both individual and social justice, regardless whether it is a case of friend or foe, Muslim or non-Muslim, personal or public. Illicit 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 excite differed in their approach to the appellative of the maqasid. The first approach to be creased is the purely textualist approach, which confines the identification of the maqasid to the clear text, the commands and banishments, which are in themselves the carriers of the maqasid. The maqasid, harmonise to this view, nourish no separate existence as such. Provided that a command or prohibition is tasrihi ( pellucid) and ibtidai (normative) it in itself conveys the maqsud of the lawmaker.Although it is generally accepted that textual injunctions must be respected and observed as manifestations of the intentions of the Lawgiver, the majority approach to the identification of the maqasid takes into consideration not exactly the text but overly the underlying illah or rationale of the text. 10 The chief exponent of Al-Maqasid, Abu Ishaq Ibrahim al-Shatibi , spoke affirmatively of the need to respect and observe the explicit injunctions, but added, that adherence to the obvious text must not be so rigid as to alienate the rationale and purpose of the text from its course and sentences.Such rigidity could, of course, then be just as much contrary to the maqsud of the Lawgiver as would be in the case of a conscious and show neglect 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 belike to bear the greatest harmony with the intention of the Lawgiver. 11 Al- Shatibi flesh out that the maqasid that are known from such a comprehensive exercise of the text are of both types, asliyyah ( essential) 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 last mentioned, the appurtenant 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 given rise to two important minds. Firstly, the question that seeks to establish whether the means to a command, a wajib (obligation) or a haram (prohibition), should also be seen as integral to the goal and objective that is sought by that command.The general response given to this question is that supplementary aspects of commands and prohibitions are indeed integral to their objectives. Thus, it is generally accepted that whatever might be undeniable 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 silence of the Lawgiver in respect of certain conducts, especially where a general interlingual rendition of the relevant evidence casts lessen on the value of that conduct.The question may be formulated as follows We know that the maqasid can be known from clear injunctions, but can they also be known from a general reading of the nusus (clear textual rulings) by way of induction? Al-Shatibis response to this question is possibly the most passe-partout. summon 5 of 7 Istiqra (induction), according to al-Shatibi, is one of the most important methods for identifying the maqasid of th e Shariah. There may be assorted textual references to a subject, none of which may be in the nature of a decisive injunction.Yet their corporal weight is such that it leaves little doubt as to the meaning that is to be obtained from them. A decisive decisiveness may thus be arrived at from a plurality of inclining expressions. Al-Shatibi illustrates this with an important example. Nowhere in the Quran is thither a specific declaration to the effect that the Shariah has been enacted for the benefit of the people, and yet, this must be the definitive end that is to be drawn from the collective reading of a variety of textual proclamations. 12 To illustrate the imply save we may give two more examples.There is no specific declaration in the textual sources on the classification of the maqasid into the three categories of daruriyyah, hajiyyah and tahsiniyyah or on the conclusion that the Lawgiver has intended that these maqasid must be protected and yet, through and through and t hrough istiqra, this classification and conclusion has generally been accepted by the ulema. Again, there is no specific textual declaration espousing the claim that the protection of the five values of life, intellect, faith, lineage and comme il fautty 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 overall importance to the understanding and murder of the Shariah. They are not to be seen as being subject to doubt or lacking in credibility by way of being based on speculative 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 premises 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 observation of conduct of that individual. This kind of knowledge is broad and holistic as it is enriched with insight, and is likely to be more re likely compared to, say, knowledge based only on the observation of odd and marooned 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 achievement of the rank of a mujtahid (jurist). Throughout Muslim history, those who 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 apparent 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 purge the mutashabihah (the intricate segments of the Quran) and premised mevery conclusions on them. They took a fragmented and atomistic approach to the reading of the Quran, which failed to tie up the relevant parts of the text unitedly. The leading ulema adopt, 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(prenominal) 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 project their pers onal 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 environ 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 pecuniary 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 carry through the needs of the pathetic, 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 terms referred 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 th ese 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 similar 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, govern 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 ruled that early payment of Zakah was permissible.Indeed, if soul 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 o nly 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 departed on occasions from the wordings of particular ahadith. It turns out upon closer inspection, however, that such scholars departed 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 action 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 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 attendant 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 tool 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, qualify aside 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 been arrived at through the doctrine of Qiyas (Analogy).Thus, where a rigid adherence to Qiyas may lead to unsatisfactory results, 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 attention that the mujtahid must pay to the consequences of his rulings. Indeed, an ijtihad or fatwa would be deficient if it failed to contrive 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 sapiently aware of the treason and subversive activities of the Munafiqun (the Hypocrites), without and within the Muslim community, we find that he decided not to copy 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 restore the Kabah to its original proportions, as founded by the patriarch Prophet, Ibrahim, again, we find that he decided 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 approach pattern 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 convening procedure here is to apply the punishment whenever the cause and occasion for it is present. There may, however, be instances where to pardon the offender would be a more preferable course to take. The mujtahid and the judge must remain open 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 part icular ruling in a given case and what he terms as illah tahqiq manat al-khas (the verification of the particular) in the issuance 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 enquiry may take a different course when it is related to a particular individual as to what might seem allot 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 essenti als ( daruriyyat ) are particulars that are required and considered as vital for the founding of wellbeing in this world and the Hereafter. If family in some way neglects them, the outcome get out be anarchy together with disorder of the functionality of the society which will result in total collapse.The essential masalih (plural of maslahah) or daruriyyat are further divided into five (i) delivery 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 conk all the barriers that will hinder the credit of these values.The Shariah constantly seeks to embrace and endorse these values and enhance procedures for their good 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 complementary to the essentials. Without the needs, people will face hardship.However, non-existence of the needs will not create 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 needed 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 en hancement in the societyand level to improved life.The admirable illustrations are Shariah s guidelines as clean body and attire for purpose of prayer, go charity and avoiding lavishness and recommendation of supererogatory prayers (ibadat ). The rationale of all these are the accomplishment of integrity and god in entire fields of a persons behavior. However, without these values the society will soothe 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 Moslem 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 byplay legal proceeding and to the overall goals of Shariah in wealth. The protection and preservation of the wealth is categorized 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 valued (Ibn Ashur, 2006). This characterization and classification of Maqasid al-Shariah demonstrates the most important position of the wealth and the substance 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 preserved by Islamic law in form of Islamic lawful decisions and guidelines.It is essentially important to stress on the realization of Maqasid al-Shariah in the current Islamic finance transactions because of the several important reasons. First, there is a robust 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 prudent 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 international 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 fiscal transactions. Third, the particular objectives of Maqasid al-Shariah in business transactions must have perpetuity and constant outlook of the linguistic universal 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 granting immunity 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 speak. Since He will speak, surely He will speak to those who experience 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 undoubtedly 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 America by Dr. Robert D. Crane 4. The Collection of Risale-i Nur, The earn by Said Nursi