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Shariah-General Objectives of Sharīʿah (Maqāṣid al-Sharīʿah)
Main Purpose of Sharīʿah
Qur’an: Al-Anbiyā’ 21:107
Allah sent Prophet Muhammad (s.a.w.) as mercy for all creation (humans, jinn, everything).
Meaning:
Importance of Benefit
Another Qur’anic description
Qur’an: Yūnus 10:57
Sharīʿah is:
al-Shāṭibī’s View
Scholars’ Agreement
Main Principle
Objectives in Qur’anic commands
1)
Prayer (al-ṣalāh)
2)
Qisās (Law of Equality in Punishment)
Sharīʿah Encourages Ease
Qur’an – Al-Ḥajj 22:78
No hardship is placed on you in religion.
Qur’an – Al-Baqarah 2:185
Allah wants ease for you, not hardship.
KEY POINT SUMMARY
Main Purpose of Sharīʿah
- The main goal of Sharīʿah is to bring benefit to humans in:
- This world
- The Hereafter
- Sharīʿah aims at:
- Securing good
- Preventing corruption and evil
- The Qur’an highlights these aims.
Qur’an: Al-Anbiyā’ 21:107
Allah sent Prophet Muhammad (s.a.w.) as mercy for all creation (humans, jinn, everything).
Meaning:
- The message of Islam goes beyond boundaries of race, nation, or language.
- Allah wants mercy and goodness for all human beings.
- “Rahmatan” includes:
- Compassion
- Kindness
- Good treatment
- Benefits for others
- Ibn Qayyim al-Jawziyyah:
- Sharīʿah protects people’s interests
- Prevents harm
- Necessary for human well-being
Importance of Benefit
- If the Qur’an did not bring benefit, it would harm humanity.
- Revelation would have no purpose if it did not help people.
- “Rahmatan” means:
- Anything that benefits humans
- Anything that prevents harm
- Harmonises with human needs
- Different systems in Islam (e.g. ʿibādah, muʿāmalah, jināyah) were revealed:
- To benefit humans
- To protect them from harm
- These systems reflect Allah’s mercy to mankind.
Another Qur’anic description
Qur’an: Yūnus 10:57
Sharīʿah is:
- Good advice from Allah
- Commands what is good and forbids evil
- A remedy for spiritual diseases (ignorance, doubt, hypocrisy)
- Guidance
- Mercy
- Explanation of what is lawful and unlawful
- A blessing for believers
al-Shāṭibī’s View
- In al-Muwāfaqāt fī Uṣūl al-Sharīʿah, he states:
- Maṣlaḥah (benefit) is the main objective of Sharīʿah.
- Maṣlaḥah is broad enough to include all beneficial measures.
- He focused heavily on maqāṣid al-Sharīʿah (objectives of Islamic law).
- He said Allah revealed Sharīʿah for:
- Human benefit in this life
- Human benefit in the next life
- This is a main objective of Allah (the Lawgiver) and is seen across all Sharīʿah rulings.
Scholars’ Agreement
- Most scholars agree that:
- Sharīʿah rulings have purposes and reasons.
- These objectives are rational and can be recognised.
- Exception:
- Some rulings in worship (ʿibādah) have reasons known only to Allah.
- Humans do not need to know the reason in those cases.
Main Principle
- Sharīʿah benefits humans completely.
- Allah gains nothing; humans benefit.
- Qur’an – Al-Naml 27:40
Objectives in Qur’anic commands
1)
Prayer (al-ṣalāh)
- Qur’an – Al-‘Ankabūt 29:45
- Prayer prevents:
- Immorality
- Evil behaviour
- Prayer protects believers from sin.
- If done properly, it acts as a shield against evil.
2)
Qisās (Law of Equality in Punishment)
- Qur’an – Al-Baqarah 2:178–179
- Qisās provides:
- Justice for murder cases
- Fairness between all parties
- Families can forgive for blood money.
- Purpose:
- To save lives
- To prevent crime (when punishment is witnessed by others)
- Even though one life is taken (the murderer), many lives are saved.
Sharīʿah Encourages Ease
- Qur’an explains that Allah does not want to make religion difficult.
Qur’an – Al-Ḥajj 22:78
No hardship is placed on you in religion.
Qur’an – Al-Baqarah 2:185
Allah wants ease for you, not hardship.
KEY POINT SUMMARY
- Sharīʿah’s primary goal: benefit + protection from harm.
- Prophet sent as mercy to all creation.
- Sharīʿah = compassion, guidance, healing, and protection.
- All categories of law aim to benefit humans.
- Maṣlaḥah is the central objective.
- Scholars agree most rulings have clear purposes; worship may be an exception.
- Examples:
- Prayer → prevents evil
- Qisās → saves lives
- Islam does not burden people; Allah wants ease.
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Shariah -The Objectives of Sharī‘ah – Categories
1. The Essentials (al-Ḍarūriyyāt)
The Five Essentials
- The objectives (purposes) of Sharī‘ah are divided into three categories:
- Essentials (al-Ḍarūriyyāt)
- Complementary (al-Ḥājiyyāt)
- Embellishments / Beautifications (al-Taḥsīniyyāt)
- All Islamic rulings aim to achieve at least one of these three goals.
1. The Essentials (al-Ḍarūriyyāt)
- These are the most important needs of religion and daily life.
- If they are not protected:
- Society falls into chaos and disorder.
- It may lead to corruption and destruction.
- These essentials must be protected.
- Protection can be done by:
- Individuals
- Government authorities
- The essentials consist of five fundamental values (al-Ḍarūriyyah al-Khamsah):
The Five Essentials
- Protection of Religion (al-Dīn)
- Protection of Life (al-Nafs)
- Protection of Dignity / Lineage (al-‘Irḍ)
- Protection of Intellect (al-‘Aql)
- Protection of Property (al-Māl)
- Protecting these values means taking necessary steps to preserve them and removing anything that threatens them.
- Sharī‘ah provides guidelines to ensure their protection.
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Shariah - Protection of al-Dīn (Religion)
Meaning & Importance
A) Personal Protection
Qur’anic Evidence
📖 Surah Al-‘Ankabūt (29:45)
“Prayer prevents great sins and wrongdoing.”
Simple meaning:
Prayer helps keep a person away from major sins and bad actions.
B) Community / Public Protection
C) Preventing Evil
D) Jihād (Defense of Religion)
Qur’anic Evidence
📖 Surah Al-Baqarah (2:190)
“Fight those who fight you, but do not go beyond limits. Allah does not love those who do wrong.”
Simple meaning:
Muslims may defend themselves during attack, but must remain just.
Qur’anic Evidence
📖 Surah Al-Tawbah (9:36)
“Fight the idolaters together as they fight you together; and know that Allah is with the righteous.”
Simple meaning:
If enemies unite to attack, Muslims may defend together; Allah supports the righteous.
Key Points Summary
Meaning & Importance
- Al-Dīn = The Islamic way of life.
- It is the most important value to protect.
- Every Muslim must protect their religion:
- Personally
- As a community
A) Personal Protection
- Protected by practicing worship:
- Ṣalāh (5 daily prayers)
- Ṣawm (fasting)
- Zakāh
- Ḥajj
- Benefits:
- Strengthens faith (īmān)
- Protects from sin
- Prevents leaving Islam
Qur’anic Evidence
📖 Surah Al-‘Ankabūt (29:45)
“Prayer prevents great sins and wrongdoing.”
Simple meaning:
Prayer helps keep a person away from major sins and bad actions.
B) Community / Public Protection
- Means defending Islam when attacked.
- Can be done by:
- Speaking
- Writing
- Teaching
- Practical action
- If necessary, Muslims may physically defend Islam to prevent destruction.
C) Preventing Evil
- Protecting religion includes stopping evil (munkar).
- Hadith:
- Stop it with your hand (if able)
- If not, speak against it
- If not, hate it in your heart (lowest level of faith)
D) Jihād (Defense of Religion)
- If al-Dīn is not protected, society will fall into evil.
- Therefore, Allah allows Muslims to defend their faith when under attack.
Qur’anic Evidence
📖 Surah Al-Baqarah (2:190)
“Fight those who fight you, but do not go beyond limits. Allah does not love those who do wrong.”
Simple meaning:
Muslims may defend themselves during attack, but must remain just.
Qur’anic Evidence
📖 Surah Al-Tawbah (9:36)
“Fight the idolaters together as they fight you together; and know that Allah is with the righteous.”
Simple meaning:
If enemies unite to attack, Muslims may defend together; Allah supports the righteous.
Key Points Summary
- Protecting religion = top priority in Islam.
- Two types of protection:
- Personal → Worship + Avoiding sin
- Public → Defending Islam when harmed
- Salah prevents wrongdoing
- Muslims may defend themselves fairly
- If attacked collectively, Muslims defend collectively
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Shariah-Protection of Life (al-Nafs)
Main Idea
Qur’anic Evidence + Simple Meaning
Surah Al-An‘ām (6:151)
“Do not kill anyone whom Allah has made sacred except with just cause…”
Simple meaning:
Do not kill any person unless there is a lawful reason (e.g., self-defense, legal execution).
Surah Al-Baqarah (2:178)
“O believers! Al-Qisās (Law of Equal Retribution) is prescribed for you…
Simple meaning:
If someone is murdered, the killer can be punished equally (qisās), but the victim’s family may forgive and take blood money instead.
Surah Al-Baqarah (2:179)
“In qisās (equal retaliation) there is life for you…”
Simple meaning:
The law against murder saves lives because it prevents others from committing murder.
Prophetic Teaching (Hadith)
Avoid actions that may take another person’s life.
Islamic Penalties
Why Qisās Saves Lives
Ruling Guidelines
Fiqh Principle:
“Harm cannot be removed by causing another harm.”
KEY POINTS SUMMARY (QUICK NOTES)
Main Idea
- Human life is sacred and must be protected in all situations.
- All lives are equal — rich or poor, leader or follower, Muslim or non-Muslim.
- Islam makes it a duty on every person to protect life.
Qur’anic Evidence + Simple Meaning
Surah Al-An‘ām (6:151)
“Do not kill anyone whom Allah has made sacred except with just cause…”
Simple meaning:
Do not kill any person unless there is a lawful reason (e.g., self-defense, legal execution).
Surah Al-Baqarah (2:178)
“O believers! Al-Qisās (Law of Equal Retribution) is prescribed for you…
Simple meaning:
If someone is murdered, the killer can be punished equally (qisās), but the victim’s family may forgive and take blood money instead.
Surah Al-Baqarah (2:179)
“In qisās (equal retaliation) there is life for you…”
Simple meaning:
The law against murder saves lives because it prevents others from committing murder.
Prophetic Teaching (Hadith)
- The Prophet ﷺ warned that two Muslims fighting to kill each other will both be in Hell.
- Even if one was defending himself, he still intended to kill.
Avoid actions that may take another person’s life.
Islamic Penalties
- Killing an innocent person is a major sin.
- The punishment for intentional murder is death penalty (qisās), unless forgiven by the victim’s family.
Why Qisās Saves Lives
- Punishing a murderer strongly discourages others from killing.
- Even though one life is taken (the killer), many other lives are saved → keeps society safe.
Ruling Guidelines
- Saving a person’s life is required.
- BUT saving one life should not cause another life to be lost.
- Example: Saving a drowning person is mandatory, but not if it risks killing another person.
Fiqh Principle:
“Harm cannot be removed by causing another harm.”
KEY POINTS SUMMARY (QUICK NOTES)
- Life is precious → must be protected.
- No unlawful killing.
- Islam treats all lives equally.
- Murder → death penalty (qisās) unless forgiven.
- Qur’an encourages Qisās because it saves lives.
- Hadith warns fighting to kill is forbidden.
- Saving life is required but must not cause new harm.
- Legal forgiveness (blood money) is allowed.
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Shariah-Protection of Dignity or Lineage (al-‘Irḍ)
False Accusation (al-Qadhf)
Sūrah Al-Nūr — 24:4
“Those who accuse chaste women and do not produce four witnesses, flog them with eighty stripes, and reject their testimony forever; they are the fāsiqūn (rebellious).”
Summary Notes
Sūrah Al-Nūr — 24:23
“Those who accuse believing and innocent chaste women are cursed in this world and the next, and will have a great punishment.”
Summary Notes
Regulations for Men and Women
Hadith — Bukhārī & Muslim
“O Youth! Whoever is able to marry should do so, as it protects the eyes and private parts. Whoever cannot, should fast, as fasting is protection.”
Summary Notes
Protection of Women’s Dignity
Adultery (Zinā)
Sūrah Al-Nūr — 24:2
“The adulterer and adulteress — flog each of them with a hundred lashes. Do not let pity stop you from carrying out Allah’s law, if you believe in Allah and the Last Day; let a group of believers witness the punishment.”
Summary Notes
Hadith — Bukhārī & Muslim
Abdullah b. Mas‘ūd reported:
The Prophet ﷺ said: “Taking a Muslim’s life is lawful only in three cases — married adulterer, murderer (life for life), and one who leaves Islam.”
Summary Notes
- Protecting a person’s dignity is essential in Islam.
- Includes privacy, honor, and protection from shame.
- People must not expose others’ sins or accuse them without proof.
- Islam teaches respectful relationships between men and women.
- Legal principle:
False Accusation (al-Qadhf)
- Every claim must be proven; otherwise, it is a false accusation.
- Punishment for false accusation is 80 lashes.
Sūrah Al-Nūr — 24:4
“Those who accuse chaste women and do not produce four witnesses, flog them with eighty stripes, and reject their testimony forever; they are the fāsiqūn (rebellious).”
Summary Notes
- Accusing someone of adultery requires 4 witnesses.
- If no proof, the accuser is punished with 80 lashes.
- Their testimony is rejected afterward.
- They are labelled as sinners (fāsiq).
Sūrah Al-Nūr — 24:23
“Those who accuse believing and innocent chaste women are cursed in this world and the next, and will have a great punishment.”
Summary Notes
- False accusers receive Allah’s curse.
- Curse applies in both this life and the Hereafter.
- They will face severe punishment.
Regulations for Men and Women
- Islam regulates interaction between men and women to protect dignity.
- Free mixing between non-mahram males and females is discouraged.
- Unmarried men and women should not be alone together.
- Islam encourages marriage to protect dignity and prevent immorality.
Hadith — Bukhārī & Muslim
“O Youth! Whoever is able to marry should do so, as it protects the eyes and private parts. Whoever cannot, should fast, as fasting is protection.”
Summary Notes
- Marriage helps control desires.
- Protects eyes from sinful looks.
- Fasting helps those unable to marry.
- Shows Islam’s concern for moral purity.
Protection of Women’s Dignity
- Women should not be used as sexual or commercial objects.
- Islam teaches modesty (covering ‘awrah) to protect dignity.
- Covered women are respected and safer.
- Protecting dignity is important for society.
Adultery (Zinā)
- Adultery is harmful and immoral.
- Leads to social problems:
- Broken families
- Illegitimate children
- Irresponsible parents
- Spread of corruption
- Islam imposes strict punishment to prevent harm.
Sūrah Al-Nūr — 24:2
“The adulterer and adulteress — flog each of them with a hundred lashes. Do not let pity stop you from carrying out Allah’s law, if you believe in Allah and the Last Day; let a group of believers witness the punishment.”
Summary Notes
- Punishment for unmarried adulterers is 100 lashes.
- Muslims must carry out the ruling without hesitation.
- Witnesses strengthen the seriousness of the punishment.
- This prevents corruption in the community.
Hadith — Bukhārī & Muslim
Abdullah b. Mas‘ūd reported:
The Prophet ﷺ said: “Taking a Muslim’s life is lawful only in three cases — married adulterer, murderer (life for life), and one who leaves Islam.”
Summary Notes
- Married adulterer is punished by stoning to death (rajam).
- Murderer receives equal retribution.
- Apostate (one who leaves Islam) may be punished.
- Protects society, family, and faith.
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Shariah-Protection of the Intellect (al-‘Aql)
Protection of the Intellect / Mind (al-‘Aql)
Islam & Freedom of Opinion
Example from Prophet (S.A.W.) — Battle of Badr
Hadith — narrated by ‘Amr ibn al-‘Ās
“If a ruler makes ijtihād and he is correct, he gets two rewards; if he makes a mistake, he gets one reward.”
(Narrated by Bukhari and Muslim)
Summary Notes
Striving for Best Opinion
Sūrah Al-Mā’idah — 5:90
“O you who believe! Intoxicants, gambling, idols, and arrows for decision-making are evil from Satan’s work. So avoid them so that you may be successful.”
Summary Notes
Hadith — narrated by Anas b. Malik
The Prophet (s.a.w.) punished drinkers with palm branches or shoes.
Abu Bakr gave 40 lashes.
When ‘Umar saw the habit spreading, he consulted people and fixed 80 lashes.
Summary Notes
Auf said
“My opinion is that you fix it as the mildest punishment.”
Then ‘Umar inflicted 80 stripes.
Summary Notes
- Intellect is a gift from Allah.
- It allows humans to think and distinguish right from wrong.
- Must be protected and used for good.
- Islam prohibits anything harmful to the mind.
Protection of the Intellect / Mind (al-‘Aql)
- The intellect is a great gift from Allah.
- It distinguishes humans from animals.
- Everyone must protect their mind and use it for good.
- The mind must not be used for evil or anything that leads to destruction.
- To protect the mind, Islam encourages correct thinking, learning, and avoiding harmful things.
Islam & Freedom of Opinion
- Islam allows Muslims to express views respectfully.
- Differences of opinion are tolerated.
- Opinions must follow Qur’ān and Sunnah.
- Muslims must not insult others when disagreeing.
- Respectful discussion prevents prejudice.
- Opinions must be supported with sound evidence.
- Muslims should choose the opinion that benefits Islam and its people.
Example from Prophet (S.A.W.) — Battle of Badr
- The Prophet (s.a.w.) advised the army to camp at a certain place.
- Companion Khabbab b. al-Mundhir asked if it was revelation from Allah or opinion.
- Prophet (s.a.w.) said it was opinion.
- Khabbab suggested a better place near water wells.
- Prophet (s.a.w.) accepted his suggestion.
- Shows:
- Freedom to express opinion
- Prophet listened to companions
- Best opinion is chosen for benefit of the Ummah
Hadith — narrated by ‘Amr ibn al-‘Ās
“If a ruler makes ijtihād and he is correct, he gets two rewards; if he makes a mistake, he gets one reward.”
(Narrated by Bukhari and Muslim)
Summary Notes
- Ijtihād = independent reasoning.
- If correct → 2 rewards.
- If mistaken → still 1 reward.
- Shows Islam encourages thinking and effort.
- Even mistakes (if unintentional) are rewarded.
- Encourages Muslims to think, use reasoning, share opinions.
Striving for Best Opinion
- Muslims should always try to reach the best opinion.
- They must refer to Qur’ān and Sunnah.
- Encourages research and careful thought.
- Mind must be protected from anything harmful.
- Protecting intellect includes avoiding:
- Liquor
- Intoxicants
- Substances that affect brain function
Sūrah Al-Mā’idah — 5:90
“O you who believe! Intoxicants, gambling, idols, and arrows for decision-making are evil from Satan’s work. So avoid them so that you may be successful.”
Summary Notes
- Intoxicants and gambling are forbidden.
- They are from Satan’s evil influence.
- Muslims must avoid them completely.
- Avoiding them leads to success.
- Qur’ān forbids liquor.
- Rulings on similar intoxicants apply by qiyās (analogy).
- Scholars agreed on punishing those who drink liquor to stop harm to society.
Hadith — narrated by Anas b. Malik
The Prophet (s.a.w.) punished drinkers with palm branches or shoes.
Abu Bakr gave 40 lashes.
When ‘Umar saw the habit spreading, he consulted people and fixed 80 lashes.
Summary Notes
- Prophet (s.a.w.) punished drinkers lightly.
- Abu Bakr → 40 lashes.
- ‘Umar increased to 80 when drinking spread.
- Shows punishment can be adjusted by ruler to stop harm.
Auf said
“My opinion is that you fix it as the mildest punishment.”
Then ‘Umar inflicted 80 stripes.
Summary Notes
- ‘Umar decided punishment based on public benefit.
- Punishment ensures protection of society and mind.
- Consultation allowed opinions in deciding method.
- Mind is a valuable gift from Allah.
- Must be used for benefit, not evil.
- Islam supports:
- Thinking
- Learning
- Freedom of respectful opinion
- Ijtihād (reasoning)
- Islam forbids:
- Intoxicants
- Gambling
- Anything harming the brain
- Punishment for drinking can be 40–80 lashes depending on situation.
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Legal Terms – Immoral Contract
A void agreement founded on immorality, such as contracts involving sexual services or corrupt conduct. These are unenforceable because they conflict with public policy and the principles of justice.
A void agreement founded on immorality, such as contracts involving sexual services or corrupt conduct. These are unenforceable because they conflict with public policy and the principles of justice.
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Legal Terms – Immovables
A category of property that cannot be moved, such as land, buildings, and fixtures. The term distinguishes real property from movables (personal possessions).
A category of property that cannot be moved, such as land, buildings, and fixtures. The term distinguishes real property from movables (personal possessions).
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Legal Terms – Immunity
A legal protection from prosecution or civil liability granted under certain conditions. Examples include diplomatic immunity, judicial immunity, and sovereign immunity, each serving public interest or international comity.
A legal protection from prosecution or civil liability granted under certain conditions. Examples include diplomatic immunity, judicial immunity, and sovereign immunity, each serving public interest or international comity.
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Shariah -Introduction to Islamic Law
1. Revelation and Completeness of Islam
2. Need for Laws and Regulations
Introduction to Sharī‘ah & Islamic Jurisprudence
1. Two Conceptions of Law
2. Islamic Concept of Law
3. Determining ḥusn and qubh
4. Importance of Sharī‘ah
1. Revelation and Completeness of Islam
- Islam was revealed over 1,400 years ago as a complete way of life for all humanity.
- It provides belief, moral, and legal systems.
- The Qur’an emphasizes the completeness of its teachings.
- Verse (Al-Mā’idah 5:3):
- Verse (Al-An‘ām 6:38):
2. Need for Laws and Regulations
- Before discussing Islamic law, its background must be understood.
- Islam teaches that Allah created mankind, and thus laws and regulations are necessary for human life.
Introduction to Sharī‘ah & Islamic Jurisprudence
1. Two Conceptions of Law
- Divine law – from Allah (e.g., Islamic law).
- Man-made law – created by humans (basis of modern legislation).
2. Islamic Concept of Law
- Based on the understanding of Good (ḥusn) and Evil (qubh).
- Humans cannot determine good and evil by themselves due to mortal limitations.
- Guidance comes from Allah through His Prophet.
- ḥusn = good, beauty, moral acceptability.
- qubh = bad, ugliness, moral reprehensibility.
- The foundation of Sharī‘ah (Islamic legal doctrine):
- What is good must be done.
- What is bad must be avoided.
3. Determining ḥusn and qubh
- Humans alone cannot define them.
- The Qur’an and Sunnah (Prophet’s sayings/actions) are the primary sources.
- When Qur’an and Sunnah are silent, reason and definite principles are used.
- These principles help realize Sharī‘ah as understood by Muslim jurists.
4. Importance of Sharī‘ah
- To understand Islam, one must understand Sharī‘ah, as it is the nucleus of Islam.
