Concept of maqasid al syariah essay

If it is neglected, the social order will not actually collapse but will not function well. And then to equip each one with the latest and most efficient health care facilities may fall under the category either of the second or the third classes of interests, depending, of course, on the general conditions of each locality.

masadir al shariah

The general reticence of the ulema in respect of the identification of the maqasid might have been partly due to the elements of projection and prognostication that such an exercise was likely to involve.

It is also to be noted that the inductive method is not confined to the identification of maqasid-cum-masalih alone, but extends to commands and prohibitions.

Concept of maqasid al syariah essay

It must embrace both individual and social justice, regardless whether it is a case of friend or foe, Muslim or non-Muslim, personal or public.

This type of riba occurs in a loan or debt. He elaborated on a structure of internal orders of priorities, within and across the different categories of the maqasid.

maqasid al arifin

There were cases, for instance, where the Prophet peace be on him knew about the subversive activities of the hypocrites but he did not pursue them for reasons, as he stated himself, that I fear people might say that Muhammad kills his own Companions".

The embellishments tahsiniyyat relate to matters which bestow enhancement in the societyand guide to improved life. Motivation in prohibition of Riba: Islam is very concerned with human prosperity.

Another question raised is whether avoiding the opposite of a command is integral to the goal and objective that is sought by that command. However, when there is a plurality of conflicting masalih and none appears to be clearly preferable, then the prevention of evil takes priority over the realisation of benefit. The purpose in any of these ahadith was not to confine the payment of the sadaqah to a particular commodity. The contracts are not absolutely essential to maintain normal order, and in fact, there is a certain anomaly that is attendant in both, but they are permitted so as to avoid hardship. Theft, adultery and the drinking of alcohol are punishable offences as they pose a threat to the immunity of private property, the well-being of the family and the integrity of the human intellect, respectively. The uppermost objectives of shariah rest within the concept of compassion and guidance that seeks to establish justice, eliminate prejudice and alleviate hardship. Not all of them consistently perhaps, but each of their contribution has been invaluable. The needs hajiyyat serve as complementary to the essentials. Following on from al-Qaradawi, I propose that we add to the list economic development and the development of science and technology. In the event of a conflict arising between the various classes of interest, the lesser of these may be sacrificed in order to protect a higher interest. They seek to attain refinement and perfection in the customs and conduct of the people, at all levels. Without the needs, people will face hardship. The challenge for all of us therefore is how to do this. The third category of masalih, known as the tahsiniyyah, are in the nature of desirabilities. These conclusions are, in the meantime, of great overall importance; they are not open to doubt, nor is their credibility a matter of speculative reasoning.

It encompasses all disciplines, laws, regulations, policies, instructions, obligations, principles, beliefs, devotion and actions designed to protect the interest of human beings in all segments and aspects of life.

As we known all law in Islam has wisdom behind them and not randomly legislated or without purpose.

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Al Maqasid Al Sharia Free Essays