{"id":2988,"date":"2014-11-25T05:53:11","date_gmt":"2014-11-25T09:53:11","guid":{"rendered":"https:\/\/www.fiqhulislam.com\/?p=2988"},"modified":"2014-11-25T05:53:11","modified_gmt":"2014-11-25T09:53:11","slug":"higher-objectives-islamic-law-boundaries-maqasid-al-shariah","status":"publish","type":"post","link":"https:\/\/www.fiqhulislam.com\/?p=2988","title":{"rendered":"The Higher Objectives of Islamic Law and the Boundaries of Maqasid al-Shari\u2019ah"},"content":{"rendered":"

The Higher Objectives of Islamic Law and the Boundaries of Maqasid al-Shari\u2019ah<\/h2>\n
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\nTranslated by Mateen A. Khan\u00a0\"images<\/a><\/strong>
\nTranslators comment: Maq\u0101sid al-Shar\u012b\u2018ah<\/em> refers to the set of objectives and goals which the Shar\u012b\u2018ah strives to establish. For example, the preservation of faith, life, lineage, intellect and property are essential objectives of the Shar\u012b\u2018ah as propagated by Imam al-Ghaz\u0101l\u012b. These objectives establish benefits (al-mas\u0101lih<\/em>) and remove harms (al-maf\u0101sid<\/em>) for the individual and community. However, we find that some misconstrue their place and derive rulings from the objectives while going against the primary textual evidences i.e. the Qur\u2019an and Sunnah. For clarification, we turn towards a translated chapter from Us\u016bl al-Ift\u0101\u2019[1]<\/a><\/em> by Mufti Taqi Usmani (May Allah bless and preserve him) entitled Maq\u0101sid al-Shar\u012b\u2018ah<\/em>.
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\nA great number of scholars have written books illuminating the benefits (al-mas\u0101lih<\/em>) of the rulings of the Shar\u012b\u2018ah and its objectives (al-maq\u0101sid<\/em>). Their purpose was not to derive the rulings solely from these benefits and objectives without consideration of the primary textual evidences of the Shar\u012b\u2018ah. Rather, their purpose was to illuminate the benefits from the rulings derived from the primary texts, such that it becomes clear that the Shar\u012b\u2018ah did not ordain a ruling except that behind it was a benefit for servants in this world and the next. Nor was their purpose to only consider these objectives in determining permissible actions and those matters lacking textual evidence. Rather, the Shar\u012b\u2018ah and its primary texts determine what is beneficial, not the intellect alone nor personal desires. That is because these objectives- such as preservation of self, property and honor- are not in themselves always the goal, but rather, the correct understanding is what Imam Sh\u0101tib\u012b (May Allah have mercy on him) said, \u201cIn general, the benefits (al-man\u0101fi\u2019<\/em>) and harms should be the secondary consideration not the primary consideration. What is meant by \u2018secondary\u2019 is that they are benefits or harms in some conditions while not in others, or in relation to some individuals while not others, or at some times while not at other times.\u201d The Law of Allah determines whether a matter is a benefit or a harm. Thus, an apparent benefit, which goes against one of the primary texts, is not truly a benefit. Rather, it is only a result of personal desire, whose obedience the Shar\u012b\u2018ah was sent to eliminate.
\nIn our times, some people have arose who cling to the words \u201cmaq\u0101sid al-shar\u012b\u2018ah\u201d intending to place it before the primary Islamic texts under the pretense that \u201cthe goal of the rulings derived from these sources is the establishment of some benefits and the fulfillment of some objectives. When these benefits and objectives are apparently lost by acting upon the outward meaning of the texts, then we are commanded to follow these benefits and objectives not to follow the outward meaning.\u201d Indeed, this type of rationalization will only lead to the destruction of the entire Shar\u012b\u2018ah and the removal of religious obligations based on assumed and imagined objectives and benefits.
\nThe truth is that everything Allah subh\u0101nahu wa ta\u2018\u0101la<\/em> has stipulated in our religion is based upon benefits and objectives. No one doubts this. For Allah subh\u0101nahu wa ta\u2018\u0101la<\/em> does not stipulate an order in which there is futility or harm for His Creation. However, mas\u0101lih<\/em> (benefits) and maq\u0101sid<\/em> (objectives) are very imprecise words. Whoever looks into matters of life with only his intellect will claim that a thing is from the benefits and objectives. While another will claim it is neither a benefit nor an objective in life. The intellect which does not base itself on divine revelation cannot reach such a standard that can be universally relied upon to determine these benefits and objectives.
\nFurther, every objective of the Shari\u2018ah has exceptions. It has limits and controls. For example, preservation of life is one of the most important objectives of the Shari\u2018ah. However, a killer will not be able to hold to this objective and benefit from it to save his own life from capital punishment. Likewise, this is the case with all of the objectives. So the key questions are: who decides these objectives and who sets the limits in which these objectives are employed? If we entrust this decision to the intellect alone, then the Shar\u012b\u2018ah will fall into disarray. At times, the Shar\u012b\u2018ah gives fitting commands in matters in which the intellect alone cannot deduce the correct answer. For if human intellect were sufficient for this decision, there would not have been a need for sending the messengers nor for revealing the divine books. So the clear truth is that the only path to deciding these objectives and its limits is to return to the primary textual evidences from the Noble Qur\u2019an and Sunnah of the Messenger of Allah (Allah bless him and his family and give them peace). Thus, we cannot place some non-explicit objectives before explicit, established primary textual evidences regardless if the source is the Book of Allah or His Messenger (Allah bless him and his family and give them peace). We will not take the objectives and benefits as a foundation for legislation nor will we remove the primary texts as the foundation for legislation. The correct stance is that the benefits and objectives are derived from the primary texts. So whatever Allah and His Messenger have made a benefit is a benefit. Not what we claim is a benefit according to our individual notions. The scholars of the objectives of the Shari\u2018ah- such as al-Sh\u0101tib\u012b, al-Ghaz\u0101l\u012b, and Sh\u0101h Wal\u012b Allah al-Dihlaw\u012b (May Allah have mercy on them) \u2013 all agreed that rulings are derived from causes (\u2018ilal<\/em>) and not wisdoms (al-hikam<\/em>). For wisdoms and benefits that oppose the primary texts of the Shari\u2018ah are what the Noble Qur\u2019an refers to as \u201cdesires\u201d (al-ahw\u0101\u2019<\/em>). Imam Sh\u0101tib\u012b (May Allah have mercy on him), who was a pioneer in expounding the topic of objectives of the Shari\u2018ah, said, \u201cThe Shari\u2018ah came to stop responsible people from following the callings of their desires until they become the servants of Allah. When this is established, then it cannot join with the premise that the application of the Shari\u2018ah be based on the self\u2019s desires and seeking its immediate gratification, however that might be. For our Lord said, \u201cIf the truth had followed their desires, the heavens, the earth and all those therein would have been ruined.\u201d (Al-Mu\u2019min\u016bn 71)
\nShah Wal\u012b Allah al-Dihlaw\u012b (May Allah have mercy on him) wrote, \u201cYes, just as the Sunnah has established that rulings of the Shar\u012b\u2018ah are based upon benefits and wisdoms[i]<\/a> (and the Consensus (al-ijm\u0101\u2019<\/em>) is in agreement upon it), it has also established that the divine decision to make something obligatory or forbidden is a strong reason in and of itself (irrespective of these benefits) for rewarding the obedient and punishing the disobedient\u2026 and it has also established that it is forbidden to delay obedience of the Shar\u012b\u2018ah until these benefits are known if the narrations are correct in regards to it.\u201d (Hujjat Allah al-B\u0101lighah)
\n[1]<\/a> Usm\u0101n\u012b, Muhammad Taq\u012b. Us\u016bl al-Ift\u0101\u2019. Maktaba Ma\u2018\u0101riful Qur\u2019\u0101n. Karachi 2011. Pages 245-248.
\n[i]<\/a> Translator\u2019s comment: Meaning that every ruling of the Shar\u012b\u2019ah indeed has benefits and underlying wisdom even though we may be unable to comprehend them at times.
\nTaken From
\n(http:\/\/www.ilmgate.org\/the-higher-objectives-of-islamic-law-and-the-boundaries-of-maqasid-al-shariah\/)\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The Higher Objectives of Islamic Law and the Boundaries of Maqasid al-Shari\u2019ah Translated by Mateen A. Khan\u00a0 Translators comment: Maq\u0101sid al-Shar\u012b\u2018ah refers to the set…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_editorskit_title_hidden":false,"_editorskit_reading_time":0,"_editorskit_is_block_options_detached":false,"_editorskit_block_options_position":"{}","footnotes":""},"categories":[33,24],"tags":[],"class_list":["post-2988","post","type-post","status-publish","format-standard","hentry","category-articles","category-tazkiyah","wpcat-33-id","wpcat-24-id"],"_links":{"self":[{"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/posts\/2988","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2988"}],"version-history":[{"count":0,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/posts\/2988\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2988"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2988"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2988"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}