ISLAMIC MEDICAL EDUCATION RESOURCES02 9912-PURPOSES OF THE LAW, (MAQASID AL SHARIAT
Lecture for 3rd year students at the Kulliyah of Medicine, International Islamic University, Kuantan on Saturday 4th December 1999
OUTLINE 1.0 INTRODUCTION A. Historical background B. Overview of the concept of maqasid C. Classification of maqasid D. Hujjiyat al maqasid E. Maqasid and contemporary challenges 2.0 THE 5 PURPOSES or NECCESSITIES A. Protection Of Religion, Hifdh Al Din B. Protection Of Life, Hifdh Al Nafs C. Protection Of Progeny, Hifdh Al Nasl D. Protection Of The Mind, Hifdh Al ‘Aql E. Protection Of Wealth, Hifdh Al Mal 1.0 INTRODUCTION A. HISTORICAL BACKGROUND The 5-6th centuries were a period of new developments in the law. This was a time when the work on the fixed part of the law was completed. It was also a time of much intellectual activity in the ummat as the fall-out from the intellectual impact of Greek ideas continued. Any further developments in the law required opening up new the flexible part of the law which necessitated discussion of the purposes of the law. It was at this time that al Ghazali and his teacher al Juwayni introduced the ideas that underlie the concept of maqasid al shariat. Pioneers in the development of the theory of Purposes of the Law, maqasid al sharia, were al Juwayni, Ghazzali d. 505 AH, Ibn Taymiyyah d. 728H, Ibn al Qayyim al jawziyyat d. 751H, al Shatibi (d 790 AH). Ibn al Qayyim studied from Ibn Taymiyah who in turn studied from al Juwayni. Ghazzali's new theory of the purposes of the law was in the flexible part of the law. It opened up new challenges. His work was extended by Ibn Taymiyat and Ibn al Qayim. The field of the purposes of the law witnessed little development until revived by Imaam Abu Ishaq al Shatibi in the 8th century AH. The Andalusian Maliki scholar al Shatibi elaborated Ghazzali's theory. Our subsequent discussion of the purposes of the law is from al Shatibi's book al muwafaqaat fi usuul al shariat
branches. must be preserved if the whole. It is a mistake to consider the specifics only while ignoring the overall kulliyat. are misunderstanding the law. madhaar. in order to reach a legal ruling. maqasid al mukallaf. mafsadat. the basis for legal rulings. human intellect and desires or whims are unreliable in this exercise. In an ideal situation the purposes of the law-giver conform to the purposes of the human. understanding the purposes of the law. In both valid and non-valid actions. He argued that the aim of ijtihad was to discover the purpose of the lawgiver. they need the law to give them guidance. In the hereafter. The maqasid are one indivisible whole.are to be maintained. al maqsad al sharei min wadai al shariat ikhraaj al mukallaf min daa'iyat hawaahu hatta yakuuna abdan li laahi ikhtiyaaran kama huwa abdan li laahi idhtiraaran. juz’iyaat. hukm. tarjiih. juz’iyaat. kulliyat. The law was specifically promulgated for the interests or benefit. or parts. is the maslahat. Imaam al Shatibi however emphasized that the parts. benefit or harm. or harm/evil. dhia. The law makes human life easier and not more difficult. that are not understandable to the human should not detract us from the wholistic. On earth there is no absolute benefit. Every human action involves both. CLASSIFICATION OF MAQASID Two general categories of maqasid al sharia were recognised: the Purposes of the Allah the lawgiver. kulliyat la tankharim. both good and bad are absolute and are invariant under different circumstances. of the people. maslahat. C. The supreme purpose of the law is to free the human from the grip of his own whims and fancies so that he may be a servant of Allah by choice just as he is without choice. The original position is that benefits are permitted. we look for a middle of the way position. The law was revealed to fulfil specific underlying purposes that will ensure success. haram. al shariu. Exceptions. are forbidden. The law alone defines what is a benefit and what is a harm. The law-giver issues injunctions on the basis of which of the two predominates. hukm shar’i. Human judgement is limited in purely earthly benefits. mutashaddidiin fi al ddiin. The purpose of the law is therefore to choose the best equilibrium. This is the basis of consistency. The masalih and the mafasid can not be determined by human whims and fancies. tabdiil. and the Purposes of the human. and harms. or determining which should predominate. masaalih. maqasid al shariu. or being changed. People who make religion difficult.B. Humans do not
. The law is therefore flexible to help the people. OVERVIEW OF THE CONCEPT OF MAQASID Al Ashatibi drew attention to the importance of an over-all instead of a partial approach. The maqasid are permanent. al tasaawi. Use of the maqasid ensures that the law is protected from being lost. in this world and the hereafter. falah.halal. qatai. kulliyaat abadiyyat. If benefit and evil are contradictory. The law is on the side of the people and not against them. They are derived from the nassby induction and are therefore definitive. Humans using their reasoning can not reach the masalih of the duniyat. kulliyaat.
tahsinaat. Each of these three can be divided into private and public purposes. pilgrimage. prayer. D. Munakahaat: marriage ensures religion by protection from illegal sexual intercourse. dharuraat. HUJJIYAT al MAQASID Source: The purposes of the law are developed from the texts. and the law as implementation. E. nass. hajj. Each of them can also be described in three categories: right of Allah. maqasid al shariat li al ifhaam. jihad. hiwa al nafs. and rights of the state. haqq al llaah. The family transmits and teaches 'aqidat as well as Islamic culture Mu'amalaat: Exchange of goods and services enables mutual reliance in the society and enables all members to get the essentials of life in an easier way than if they had to get everything for
. MAQASID and CONTEMPORARY CHALLENGES The 1st to 14th centuries witnessed relatively little change in the ummat in the physical sense. maqasid al sharia ibtidaa’an. sleep indirectly contribute to the preservation of diin by making sure humans are in good physical health to undertake activities of physical ibadat. fasting. The Purposes of the Lawgiver are divided into 2 types: primary and secondary. qatai. However in the 15thcentury. istiqra. haqq al sultan. This classification shows that the law is not only commands but also has secondary rules that help understand and execute the commands of the primary rules. aadaat. 2. siyaam. PROTECTION OF RELIGION. Notice that wants are not mentioned at all in this scheme because they are based on hiwa al nafs. haajiyaat. drink. iman. It is the most important because it involves both duniyat and akhirat. technological changes have created new and complex problems that require a bird's eye view for solution. the 2 testaments. are the most important and are a basis for the secondary purposes. needs. The good may appear bad and vice versa.0 THE 5 PURPOSES or NECCESSITIES A. The secondary purposes can be described in three types: the purpose of law as understanding. The primary purposes of the lawgiver. The most importantibadat in this context is jihad which ensures that freedom of religion is protected. Aadaat: Activities of daily living. The primary purposes are at 3 levels of priority: necessities. law as injuctions and obligations. and not deduction. maqasid al shariat li al imtithaal. haqq an 'abd. mukammilaat. sources of law. and improvements. by a process of induction. and each of the 3 has complements. It is the maqasid that can provide this bird's eye view and thus lead to appropriate solutions. Humans may see immediate benefit while ignoring long-term harm. rights of the human. rights of the community. salat. like food. shahadatain. maqasid al shariat li al takliif. HIFDH AL DIN Ibadat: faith. They are therefore definitive.always know what is in their best interest because of personal whims.
The law regulating marriage and family life contributes to the biological survival of the human race. Aadaat: Maintenance of life includes eating. sakiinat. dress. qisas. 'irdh. HIFDH AL NAFS Ibadat: Jihad is a type of ibadat may be necessary to stop oppression that destroys life or harms good health. medical treatment. and child upbringing fall under this purpose. Mu'amalaat: Essential goods and services like food. and child upbringing. Laws that forbid spread of evil ideas and practices also protect the religion. Good nutrition in pregnancy ensures optimal intra-uterine fetal growth and development and easier delivery with minimal intra-natal and post-natal complications. Ibadat like salat leads to inner tranquility. It is wrong to use it to refer to protection of the race because race in Islam is forbidden. HIFDH AL NASL Ibadat: Family life according to the law ensures issue of progeny and protection of children to grow into adults who will reproduce and continue the human race. Jinayaat: Many laws were promulgated to protect life and promote health. shelter. divorce. drinking. and physical exercise. PROTECTION OF PROGENY. Munakahaat: Maintenance of progeny includes the regulations about marriage. It can be referred to protection of honor. Thus mu'amalat are necessary for life and health without which ibadat is not possible. The rules of marriage. laws on physician liability for professional errors and negligence. C. Munakahaat: The reproductive function. Themahr given to the wife on marriage ensures economic independence for her in case of dissolution of the marriage. etc. medical care. B. the punishment for taking alcohol and other intoxicants. Aadaat: Good nutrition of young girls ensures that they grow into healthy potential mothers who will bear healthy babies and are at low obstetric risk. family life. which is necessary for establishment and maintenance of a peaceful society. PROTECTION OF LIFE. This purpose has several interpretations. a necessity for continuation of human life by making sure that children succeed their parents. Children grow well and are healthy physically and mentally if they are in a family. nafaqat. All these measures taken together ensure healthy offspring. for homicide. shelter are served by business transactions in which people exchange goods and services. the isolation of persons with contagious disease. Without these essentials life and health would be jeopardized. The best interpretation is protection of paternity and preservation of the family. is best served in a legal marriage. Jinayaat: Laws against apostasy protect religion. the laws of revenge.themselves. The laws on quarantines during epidemics. Mu'amalaat: The laws of inheritance ensure proper transfer of property rights from the parents
HIFDH AL MAL Ibadat: zakat cleans wealth and protects it Aadaat: The law discourages wasteful eating and drinking which lead to poverty Munakahaat: Mahr ensures financial independence of the woman and gives her security. Mu'amalaat: The regulations about property. The laws against illegal sexual relations like zina and liwat ensure that people marry and have children. Jinayaat: The law provides heavy penalties for false accusations of adultery because of the psychological distress caused to all members of the family. Munakahaat: Psychological calmness and stability of the family is necessary for mental health of the spouses and the children. and all addictive habits. The obligation of nafaqat protects the family from poverty and material want. trade. that is essential for mental health Aadaat: Maintenance of the mind includes avoiding doing or consuming what affects the intellect like alcohol. Poor nutrition leads to neuropathies that affect intellectual function. E. Scientific research has shown that children who grow in dysfunctional families have many psychological problems as adults. It is the experience of all human civilizations that the birth rate falls in situations of wide-spread sexual immorality. PROTECTION OF THE MIND. tama'aninat nafsiyat. drugs. These contribute a lot to psychological imbalances. Mu'amalaat: Poor economic conditions and disturbance of normal transactions lead to poverty and need. and inheritance are for the preservation of property rights Jinayaat: The punishment for stealing protects property rights
. Jinayaat: The laws about paternity ensure that biological fathers have the legal and financial responsibility for physical care of their children until they grow up. PROTECTION OF WEALTH.to their young children so that they have the means to sustain them to grow into adulthood.
D. HIFDH AL ‘AQL Ibadat: Ibadat leads to psychological calmness.