Classification of Maqasid Syariah - The daruriyyat, the hajiyyat and the tahsiniyyat.
The Muslim scholars have classified the entire range of maqasid-cum-masalih into three categories in the descending order of importance: the daruriyyat (the essential), the hajiyyat (the complementary) and the tahsiniyyat (the desirable or the embellishments).
The essential masalih are enumerated as five: life, faith, intellect, lineage, and property. These are seen as absolute requirements to the survival and spiritual well-being of individuals, to the extent that their destruction or collapse would precipitate chaos and the demise of normal order in society.
The Shari’ah seeks to protect and promote these essential values, and validates all measures necessary for their preservation and advancement. Theft, adultery, and the drinking of alcohol are punishable offences as they pose a threat to the inviolability of private property, the well-being of the family, and the integrity of the human intellect, respectively.
In an affirmative sense again, but at a different level, the Shari’ah encourages work and trading activities in order to enable the individual to earn a living, and it prescribes elaborate measures to ensure the smooth flow of commercial transactions in the marketplace.
The Shari’ah also encourages pursuit of knowledge and education to ensure the intellectual development of the people and the advancement of arts, sciences, and civilization. The essential masalih, in other words, constitute the all-pervasive central theme of the Shari’ah, and all its laws are in one way or another related to the protection of these benefits.
The second category of benefits, known as the hajiyyah or the complimentary benefits, are defined as benefits that seek to remove severity and hardship in cases where such severity and hardship do not pose a threat to the very survival of normal order.
A great number of the rukhas (concessions), such as the shortening of the salah and the forgoing of the fast by the sick or the traveler, may be classified as hajiyyah. In almost all areas of obligatory ’ibadah, the Shari’ah has granted such concessions. These concessions are aimed at preventing hardship, the benefit being derived from the permission granted to lessen an obligatory action or accommodate a temporary inability to perform such action.
The third category of masalih, known as the tahsiniyyah, is in the nature of desirabilities as they seek to attain refinement and perfection in the customs and conduct of the people. The Shari’ah thus encourages cleanliness of the body and attire for the purposes of ’ibadah, and recommends, for example, the wearing of perfume when attending the Friday congregational prayer.
The Shari’ah also encourages the giving of charity to those in need, over and above the obligatory charity (zakat). Again in the area of ’ibadah, it
recommends supererogatory prayers and voluntary fasting. In customary matters and interpersonal relations, the Shari’ah encourages al-rifq (gentleness), husn al-khulq (pleasant speech and conduct) and ihsan (fair dealing).
Even in the sphere of criminal law, relating to both the removing of hardship or severity and to desirabilities, the judge and the head of state are advised not to be too eager in the enforcement of penalties, as seeking of a lesser punishment is desirable if any doubt about guilt exists, as indicated in the hadith related by Al-Hakim and As-Suyuti: "Refrain from enforcing hudud on Muslims as much as you can.
If you find a way out for a Muslim, let him (or her) go, as it is better for the imam (ruler) to wrongly forgive than to wrongly punish." Being too eager or severe in meting out punishment is thus considered to be undesirable. The purpose of all this is the attainment of refinement and excellence in all areas of human conduct.
The tahsiniyyah are a very important category, as they are all-pervasive and relate to all the other masalih. One can perform the obligatory salah, for example, with full and proper concentration, giving each of its parts the proper attention; conversely, one can perform it with haste and thoughtlessness.
The difference between the two ends of the spectrum is that at one end the individual performing the salah aims to attain both the essential and the desirable, i.e., discharging a duty but in such way as to reap the greatest spiritual benefit; and at the other end, it can at best be seen as a perfunctory discharging of duty. One can extend this analysis to the implementation of almost all the ahkam of the Shari’ah, and indeed, to almost every area of human conduct.
Maqasid (Higher Objectives) of Shari’ah
By Dr.Mohammad Hashim Kamali
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Daruriyyah is the basic necessities for establishment of welfare like Protection of Faith, Protection of Life, Protection of Wisdom, Protection of Progeny and Protection of Property.
(ref: http://ilmuislamuallaf.blogspot.my/2015/09/the-objectives-of-islam.html)
If the state of Daruriyyah were not met, then humanity would falls into the state of Darurat. This is when this basic necessities (daruriyyat) ceases to exist, or in other word...Darurah is a declaration of state of emergency.
This is where Qawaid al Fiqhiyyah Maxim #3 'Hardship begets facility' (ref: http://ilmuislamuallaf.blogspot.my/2014/12/qawaid-al-fiqhiyyah-legal-maxim-no-3.html) and Maxim #4 'Harm or Hardship must be Eliminated' kicks in (ref: http://ilmuislamuallaf.blogspot.my/2014/12/qawaid-al-fiqhiyyah-legal-maxim-no-4.html).
This is where the End Means and Khilaf matters (things that scholars differ in opinions) becomes Mubah or even Fardh/Wajib if life could be saved while performing a prohibition like eating pork during hunger or drinking alcohol in the state of choke.
Daruriyyah is the fundamental to hajiyyah and hajiyyah is the foundation of tahsiniyyah. Or in another word, tahsiniyyah (beautification) is the complement of hajiyyah (requirements) and hajiyyah is the complement of daruriyyah (necessities), and when the basic necessities of humanity (daruriyyah) were not met, it fall into the 'state of emergency' or Darurat.
If Daruriyyat state is not met, humanity will be in Darurat situation. If Hajiyyat is not met, humanity will be in Hajat situation. If a Society is in Hajiyyat state, it will be treated ar a Darurat state.
Wallahu'alam
(ref: http://ilmuislamuallaf.blogspot.my/2015/09/the-objectives-of-islam.html)
If the state of Daruriyyah were not met, then humanity would falls into the state of Darurat. This is when this basic necessities (daruriyyat) ceases to exist, or in other word...Darurah is a declaration of state of emergency.
This is where Qawaid al Fiqhiyyah Maxim #3 'Hardship begets facility' (ref: http://ilmuislamuallaf.blogspot.my/2014/12/qawaid-al-fiqhiyyah-legal-maxim-no-3.html) and Maxim #4 'Harm or Hardship must be Eliminated' kicks in (ref: http://ilmuislamuallaf.blogspot.my/2014/12/qawaid-al-fiqhiyyah-legal-maxim-no-4.html).
This is where the End Means and Khilaf matters (things that scholars differ in opinions) becomes Mubah or even Fardh/Wajib if life could be saved while performing a prohibition like eating pork during hunger or drinking alcohol in the state of choke.
Daruriyyah is the fundamental to hajiyyah and hajiyyah is the foundation of tahsiniyyah. Or in another word, tahsiniyyah (beautification) is the complement of hajiyyah (requirements) and hajiyyah is the complement of daruriyyah (necessities), and when the basic necessities of humanity (daruriyyah) were not met, it fall into the 'state of emergency' or Darurat.
If Daruriyyat state is not met, humanity will be in Darurat situation. If Hajiyyat is not met, humanity will be in Hajat situation. If a Society is in Hajiyyat state, it will be treated ar a Darurat state.
Wallahu'alam
السلام عليكم ورحمة شكرا جيلا على طرحكم وبارك الله في جهودكم
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