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Sunday, September 13, 2015

The Highest Objectives and intents of Islamic Law

Tujuan Allah SWT mencipta Syariat menurut pandangan Imam al-Syatibi, adalah bertujuan untuk merealisasikan maqasidNya untuk sekelian manusia, iaitu untuk memberikan kebaikan (maslahah) kepada mereka dan mengelakkan kerosakan atau keburukan (mafsadah).

Imam al-Syatibi menyatakan, syariat Islam yang diturunkan oleh Allah SWT adalah untuk difahami oleh manusia untuk mereka melaksanakanya dan mengamalkannya, jika ianya tidak dapat difahami oleh manusia, tiada erti pada penurunan syariat tersebut. 

Bukti mengenai kenyataan tersebut ialah penurunan Al-Quran itu sendiri dalam bahasa arab sesuai dengan suasana arab lewat penurunannya dan juga isi kandungan Al-Quran yang mudah difahami oleh manusia(QS 44:58).

Oleh itu, Maqasid Syariah Islam (the purpose or objective of Islam) secara ringkasnya adalah berdasarkan:

1) The Preservation of Faith (pemeliharaan ugama - deen)

- Faith must be firmly established on clearly defined articles. The articles of faith are: belief in Allah SWT, His Messengers, His Books, His angels, the Day of Judgment, and His Divine Decree.

Faith is established on the basis of knowledge and rational proofs. On these grounds, Islam calls towards examination, contemplation and reflection.

One of the fundamental truths established by the Quran is that no one can be compelled to accept Islam.  It is the duty of every Muslims to establish the proof of Islam to the people so that truth can be made clear from falsehood. The Quran clearly states:

"There shall be no compulsion in the religion. The right course has become clear from the wrong. So whoever disbelieves in Taghut and believes in Allah has grasped the most trustworthy handhold with no break in it. And Allah is Hearing and Knowing."(QS 2:256)

No one should be threatened or harmed in any way if he does not wish to accept Islam.

“If it had been your Lord’s will, all of the people on Earth would have believed.  Would you then compel the people so to have them believe?” (QS 10:99)

The purpose of life for a Muslim is to simply submits to the Wills of their Creator.

2) The Preservation of Life (pemeliharaan jiwa - nafs)

- The sanctity of human life is one of the necessities of human existence. Islam obligates man to secure the means to sustain his life.

This includes obtaining food, drink, clothing, and shelter. It is forbidden for a Muslim to deliberately avoid or abstain from these necessities to the point where it endangers his life.

Islam prohibits the taking of human life, whether the life of our own or that of someone else. The Quran says:

“...if anyone slays a person, it would be as if he slew the whole mankind..."(QS 5:32)

Justice is an important role in preservation of human life. Without justice there is no peace. The Quran says:

"And there is life for you in (the law of) justice (qisas)..."(QS 2:179)

Therefore, Islam consider justice to be a supreme virtue.  It is a basic objective of Islam to the degree that it stands next in order of priority to belief in God’s exclusive right to worship (Tauhid): The Quran says:

“God commands justice and fair dealing...” (QS 16:90)

"…Be just, for it is closest to God-consciousness…"(QS 5:8)

Therefore, one may conclude that justice is an obligation of Islam and injustice is forbidden. The centrality of justice to the Quranic value system is displayed by the following verse:

“We sent Our Messengers with clear signs and sent down with them the Book and the Measure in order to establish justice among the people…” (Quran 57:25)

Muslims are commanded to be just to their friends and foes alike, and to be just to all people irregardless of race or religion. The Quran says:

“O you who believe!  Stand out firmly for justice, as witnesses to Allah, even if it be against yourselves, your parents, and your relatives, or whether it is against the rich or the poor...” (QS 4:135)

"Indeed, the most noble of you in the sight of Allah is the most righteous of you..." (QS 49:13)

3) Preservation of Intellect (al-‘Aql). 

- Educating the individual; (Wisdom) - Enhancement and protection of the mind. This is the objective behind the prohibition of alcohol and other substances that may impair the sanity and consciousness of our mind. For this same reason, Islam obliges us to seek knowledge.

Islam prohibits and removes any legislation that allows or demands us to do things that will hurt the ability of a person to reason properly.

Therefore any means that will disengage the person from using his or her reason becomes either haram or at least makruh depending on the harm it brings about. This is why it is prohibited to take in intoxicants.

- Pemeliharaan akal, kebijaksanaan melalui pelajaran dan fikiran
"Demikianlah Allah menerangkan kepada kamu ayat-ayatNya (keterangan-keterangan hukumNya) supaya kamu berfikir"(QS 2:219)


4) The Preservation of Lineage (pemeliharaan nasab - keturunan)

Lineage, here, is understood to mean the continuation of the human species through the agency of hereditary descent. Islam strives to perpetuate the human line on Earth until the Last Day.

Islam places due concern on this matter and this can be seen through Islamic jurisprudence in promoting marriage, prohibiting adultery (zina), mandating the care and custody of children (QS 65:6), payment of maintenance (QS 4:12) and so on.

"And do not kill your children for fear of poverty; We give them sustenance and yourselves (too); surely to kill them is a great wrong."(QS 17:31)

"And come not near unto adultery: for it is a shameful (deed) and an evil way."(QS 17:32)

"But let them who find not [the means for] marriage abstain from sexual relations until Allah enriches them from His bounty..."(QS 24:33)

"The woman and the man guilty of fornication,- flog each of them with a hundred stripes..."(QS 24:2)

"Allah (thus) directs you as regards your Children's (Inheritance/faraid):... These shares are an obligation imposed by Allah..."(QS 4:11)


5) The Preservation of Wealth (pemeliharaan harta)

- Any means of acquiring wealth that is unlawful and harmful to others is expressly forbidden. One such means is usury (riba'). Islam also prohibits transgressing against the wealth of others through theft, burglary or fraud.

Islamic Law provides legislation to protect the wealth of the mentally deficient and others who are incapable of managing their own wealth. This includes the wealth of orphans and minors until they reach the age of discretion.

"And do not consume one another's wealth unjustly or send it in bribery to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know it is unlawful."(QS 2:188)

"...Allah has permitted trade and has forbidden interest(usury)..."(QS 2:275)

"And do not consume their properties into your own..."(QS 4:2)

- Islam forbids wealth to be spent in unlawful ways and encourages spending in the way of charity. All wealth belongs to Allah alone, and man is merely entrusted with its use. Allah says: - And spend from that which He has made you trustees.

"And give them from Allah’s wealth that He has bestowed upon you..."(QS 24:33)

Islamic Law provides legislation to protect the wealth of the mentally deficient and others who are incapable of managing their own wealth. This includes the wealth of orphans and minors until they reach the age of discretion.

For this reason, a guardian is appointed to manage their wealth. Allah says: -Test the orphans until they reach the age of marriage, and if you find them of sound judgment, then release their property over to them.

"And for all, We have made heirs to what is left by parents and relatives. And to those whom your oaths have bound [to you] - give them their share. Indeed Allah is ever, over all things, a Witness."(QS 4:33)

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Imam Al-Ghazali added one more component to the five, and that is the preservation of honour. And other scholars continue to add more maqasid according to various classifications – eg. Universal maqasid such as justice and specific maqasid such as family cohesion, etc.

According to Ibn Taimiyyah and Imam Al-Shatibi, there are no limit to the number of maqasid that can be derived from the Qur’an and Sunnah to meet the growing needs of ever-changing society to the better – e.g. Economic and political stability, political transition, cultural diversity, better communication systems, better alternative dispute and conflict resolution/management systems, development of scientific and technological research, better waste management systems (recycling, repairing, re-using, and waste reduction), environmental conservation, etc., etc.

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6) Establishment of justice; (Justice) - please refer to item No 2: The Preservation of Life (pemeliharaan jiwa - nafs)

- Menegakkan Keadilan (QS 2:178, 5:45)

"We have already sent Our messengers with clear evidences and sent down with them the Scripture and the balance that the people may maintain [their affairs] in justice."(QS 57:25)

7) Upholding morality, in public and private; (Moral)

- Menegakkan akhlak yang murni - umum dan individu

“Yang paling banyak memasukkan manusia ke dalam surga, (adalah) takwa kepada Allah dan husnul khuluq (akhlak yang murni). ” (HR. At-Tirmidzi dan al-Hakim).

8) Preventing hardship, on individuals and society; (Welfare)

- Mencegah kemudhoratan, mencegah mufsadah dan kesusahan/kepayahan. 
"Allah menghendaki kamu beroleh kemudahan, dan Ia tidak menghendaki kamu menanggung kesukaran."(QS 2:185)

9) Preventing oppression. (Mercy)

- Menyekat penindasan dan mencegah kezaliman

“Kamu ialah sebaik-baik umat yang dilahirkan bagi (faedah) manusia, (kerana) kamu menyuruh berbuat segala perkara yang baik dan melarang daripada segala perkara yang salah (buruk dan keji), serta kamu beriman kepada Allah (dengan sebenar-benar iman).”(QS 3:110)

10) Promotion of Social cohesion, unity and brotherhood. 

- Perpaduan Ummah (QS 3:103, 8:46, 49:10, 21:92 etc)

Maqasid Shari’ah, or the higher objectives of Shari’ah, is a manifestly important and yet somewhat neglected discipline of the Shari’ah. 

The Shari’ah generally is predicated on benefits to the individual and the community (maslahah), and its laws are designed to protect these benefits and to facilitate the improvement and perfection of the conditions of human life. 

The Qur’an is expressive of this when it points to the main purpose of the prophet hood of Muhammad (SAW): “We have not sent you but as a Mercy to the worlds” (Qur’an 21:107). 

This can also be seen in the Qur’an’s characterization of itself as “a healing to the (spiritual) ailments of the hearts” and “a Guidance and Mercy” for the believers and mankind (Qur’an 10:57). 

The objectives of Rahmah (mercy or compassion) mentioned in these two verses are further substantiated by other provisions in the Qur’an and Sunnah of the Prophet that seek to establish justice, eliminate prejudice, promote wisdom, protecting wealth and progeny, alleviate hardship etc.

"Maslahah (public interest) has generally been regarded as the quintessence of the higher objectives of Shari’ah"

Wallahu'alam

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