Professional Documents
Culture Documents
Objectives of Shariah Notes
Objectives of Shariah Notes
Objectives of Shariah Notes
◼ Shari‘ah was revealed to free mankind from the grip of their own whims and fancy ()الهوى, so
that they may submit and surrender to the Will and guidance of Allah SWT, as in Surah al-
Dhariyyat:
◼ The objectives of shari‘ah (interests) in respect of their importance to the existence and
preservation of human life can be categorized into three categories:
◼ To protect and promote these essential values, Shari‘ah takes affirmative and punitive
measures.
◼ 1- To protect religion:
◼ 2- To protect life:
◼ Protection: Prohibition of suicide and homicide, qisas (retaliation) and diyyah (blood money).
◼ 3- To protect intellect:
◼ 4- To protect lineage:
◼ Protection: Prohibition of sex outside marriage, punishment for zinah, homosexuality, qadhf
(false accusation), prohibition of abortion, sterilization, surrogate motherhood and
fatherhood.
◼ 5- To protect property:
◼ b) The needs ()الحاجيات: the benefits that seek to remove the severity and hardship in case
where such severity and hardship do not impose a threat to the very survival of normal
order.
◼ These are to support, protect and promote the necessities, e.g., rukhsa in ibadah
(concessions in worship), divorce, suspending the penalties in cases of doubt.
◼ c) Complementary values ()التحسينيات: these are the benefits that seek to attain refinement
and perfection in the customs and conduct of the people in all levels.
◼ The absence of tahsiniyyat would not undermine the life of the people, but it would make it
against the moral standards of decency and ethics, e. g., Islamic code of dress, cleanliness,
optional prayers, adab of eating and drinking.
◼
Maslahah or Manfa’ah
◼
Types of Maslahah:
◼ 1- Accredited maslahah ()مصلحة معتبرة: this is the interest that was expressly upheld by
shari‘ah and a law was enacted for its realization.
◼ 2- Discredited Maslahah ()مصلحة ملغاة: this applies to every interest which the shari‘ah has
nullified either explicitly or by an indication that can be found in its texts and general
principles.
◼ 3- Unrestricted maslahah ()المصلحة المرسلة: this applies to any interest which is neither
explicitly upheld nor nullified by the shari‘ah, but does not contradict neither the texts nor
the general principles of shari‘ah.
◼
The Rules of Conflict and Priority:
◼ Although all the necessities should be observed, promoted and protected, in case of conflict
they should be taken in the order in which they are stated: Din has precedence over life, life
has precedence over nasl, life has precedence over ‘aql, and ‘aql has precedence over
wealth.
◼ Daruriyyat have priority over the hajiyyat, which in turn have priority over the tahsiniyyat.
◼ iv. That which became permissible by necessity is estimated by the extent thereof.
◼ 2. The public interest is prior to the private: Whenever a public interest is in conflict with a
private interest, the public interest will prevail.
◼
Sources:
◼ Nyazee, Imran Ahsan Khan, Islamic Jurisprudence, Islamabad: IIIT & Islamic Research, 2000.
◼ Philips, Abu Ameenah Bilal, The Evolution of Fiqh, Riyadh: Tawheed Publications, 1990.