Friday, 28 October 2011

Maqasid Shariah : The Objective of Shariah

Assalaamu'alaikum wa rahmatullah

A very good and blessed Friday. We recite salawat to our beloved and noble prophet Muhammad s.a.w, the messenger and the servant of the God. Friday sermon delivered by Ustad Zayd Zahari in Islamic Center today is quite interesting. Besides I love to listen to Ustad Zayd Quranic recitation. I wanted to talk with him but I don't know, I feel shy. Macam budak-budak pulak, hahaha...

He talked about this matter called as maqasid shar'iyyah. I have no time to email to ustad Zayd but I wish to have a copy of the sermon that he delivered. It is very good in order to clarify what is shariah to some brick-head people who just lazy to read books about Islam written by a believer Muslim. Of course a believer Muslim is a Muslim who understand his religion and not because he follow anyone like his dad, his mum, his elders and people around. I don't care about non-Muslim view about this but first we Muslim ourselves must be clear on what is actually shariah? When we talk about shariah, we have this image in our mind about punishment to people or crime and some people would take this as something which could be attacked sesuka hati tuk nyang depa! I would write anything that I could still remember. My head is now so full, mannnnn!

My Opinion Before We Begin

Islam is a message of the God to the universe and it actually had began since the time of sage Adam a.s was taught with nouns. Who is sage Adam a.s? He is the forefather of all human-being who possess mind, emotion, feeling and being granted with civilization. So, human religion does not begin since Moses a.s or Jesus a.s or Muhammad s.a.w. I sometimes feel weird when looking at some non-Muslims' way of thinking, I don't know whether they are Christians or not but because we don't simply judge people by their religion but they keep talking in inconsistencies. I believe these kind of people are Western Protestant Christian pastors. I don't even hate any Jew or Christian and I found that many Western Christians especially those rednecks living in farms are quite hater to others and ignorant! I made friend with other Asian Christians especially of Catholicism and some Middle East Christians of Orthodox patriarchal lines. We do not hate each other and hating-racist culture or ideas come from the West. I always support my Christian friends especially those devout ones. Stop spreading those diseases from the West to Asia! 

Sometimes they talk about Arabs or Muslims (as Islam is the same entity of Arab like what they perceive to Christianity as their 'daddy's' handmade) trying to dominate the world, then later when we tell them that there are 100% Bedouin Arabs of Ghassan branch who are of Byzantine Orthodox Church under the Roman empire or Lakhmid Arabs who still exist under Nestorian churches since before the rise of Muhammad s.a.w, they would say they are glad that there are Arabs who resists the pressure of Islam. They would try to do all sort of thing for Muslim to leave their religion. When they leave their religion what those people who suggest apostacy can give to them? Mountain of gold? Food for the people who leave their religion until they die? Saving them from torments in hereafter if it is a common belief in other religion about hereafter? If he can help others, can he show people that he could also save himself from torments and sufferings? If zillions of people become apostates of their religion and choosing your religion because you offer them something, will you be able to cater everyone with their needs as the "change" for their "faith"? What for quantities if people who claim themselves in documents or just because being offered by something are not sincere because of the God but because of their belly, their desire, their comfort. In the end, the real god for them are their belly, their desire, their comfort, etc...

Don't they read the Judaism 13 articles of faith concluded by Musa bin Maimun which is a Judaism teacher about the path that the God teach human-being never change? Sure they don't read it because they are Christians who zealously "following" the Christ and that is what they are called as... Christians... Later they call us Muslims as Mohamedans like our concept of how we view the God is the same like them. Our God is not Muhammad s.a.w... Muhammad s.a.w is a sage, a teacher, a messenger of the God like his brothers in soul such as Moses, like Jesus a.s, like Noah a.s, like Abraham a.s. We worship only the God...! We do not need Trinity nor anything taught by Church Fathers with the regard on dogma and creed and we don't need those teachings in Protestantism or Catholicism which has been around longer than Protestantism to have faith in Jesus Christ. We believe and have faith in Jesus a.s and those who are mentioned by the God in glorious Quran. We love all of prophets and messengers of the God no matter Muhammad s.a.w, Moses a.s, Jesus a.s, Noah a.s, Abraham a.s, Ismael a.s, Isaac a.s all equally. We have our own sciences about the creed and faith and we have our own scholars.

I memorized the articles of Jew faith perfectly in both Hebrew and Arabic and one of it says that : "the God will never exchange or alter His law for any other for all eternity."

Is it hard to understand that celestial revelation does not come in certain period or being known to the person who transmit it in this sense like Western understanding when they call Muslims as Mohammedans or Christians for those who follow the teachings which flows from Jesus Christ. Revelation as a sign of His Mercy toward the universe will descend each time when human-being fallen into the darkness or human-being simply love to play ignorant? Why when you (Western Christians) talk, you have to use religion as the shield to protect your attachment toward worldly desire? Don't lie to people around because the God knows what is hidden in ones' heart. Don't also assume that the God is STUPID! 

This kind of people according to the pillars of morality is considered as polytheists no matter how they claim that they are worshiping the Supreme Authority! So, what had been said by the God is true... They hated Him but His Words will never be eliminated by these flies. This universe is under His supervision and not under those hypocrites. Their heart is filthy with polytheism. If people hate the God, then say so, no need to use the pretext of this nation or that nation or this religion or that religion. If they wanted to dominate others, don't accuse it on others like throwing stones to others while others are not looking and then hiding the hand.

When the soul of prophet Muhammad s.a.w being raised by the God, we have the Quran and the prophetic tradition. We know our goal of life in which the purest goal of life is to see the God. We do not consider this earth as our possession. When I was a Buddhist, I also believed the same thing. I am not I am or what is concluded in Anatta and Sunyata concept. Nothing in my physical body is true and everything around me is fake. When I wanted to die and performing some difficult tapas (meditation) according to Hindu-Buddhist ways I believe that I could transfer my soul into a better place than this physical body because it is fake. There are some Buddhists of Lao descents who live in the U.S Long Island, usually they are rich people who ran from revolution in their country and they live like the average Americans and sometimes visiting Thailand to boast around. They keep throwing racist stuffs to Chinese people in Bangkok or Muslim Malays in Southern Thailand and when I talked about Anatta and Sunyata concept, they just keep their silence. So, it means that people sometimes know about the stuffs but they never practice whatever had been taught but they claim themselves as this and that. Later they try to ban others without they first understand the essence of the teaching that they claimed to follow.  

Through deductive and inductive analysis on Islamic Shari'a sources, it confirms that the goal and intention of shariah is to attract benefit and goodness for human-being and environment. It is rejecting harms from human-being toward environment. All of law provisions under the shariah jurisprudence shelter under the concept of the guarantee for human-being and environment benefits. It is not only the benefit of the world but also the hereafter.     

Al-'Iz bin Abdul Salam in his book Qawaid al-Ahkam fi Masalih al-Anam vol. 1 page 9 said that Islam (path) is for benefits. It is either bringing benefit or avoiding harm. The sermon that we just heard from Islamic Center defines on the meaning of maqasid or the goal and its position. It tries to elaborate in the most comprehensive and easiest way on various categories of goals according to variety of perspectives, benefits of understanding what is the goal and how to recognize the goal. And then to evaluate the goal on how important is the goal of shariah in the evaluation of certain decision made.  

Introduction to the Concept of Maqasid

What is the definition of maqasid? 

According to Ahmad al-Raysuni in the View of the Goal by Imam al-Shatiby (1992, p.g 13) : "Maqasid means the goal, the objective or the purpose which we wanted to achieve in doing something. In this context, the objective which is placed by the path in molding the provisions. Among popular terms used for this maqasid shariah, maqasid shari' Allah (the objective the God's path), maqasid shari'iyyah."

There are many definitions brought upon by the scholars of the origin of understanding about the goal or the objective of shariah. Classical scholars never propose any specific definition for the goal. Al-Shatibi who was the apprentice of the objective branch of knowledge also never provide any specific definition. But it does not mean that they had neglected the objective or the goal of certain provisions in the law.

There are many views regarding the objective in their scholarly works. We could also see various classical scholars' views which forms the elements of contemporary scholars preceding them. What is certain is that the values of objective in the path is consisted in the al-Quran and prophetic traditions.

Some of scholars assume that the objective signifies the benefits, whether it attracts benefit or it rejects the demolition of human civilization. Ibnu Qayyim al-Jawziyyah emphasized that shariah is based on wisdom and benefit for human civilization in the world and benefit them in the hereafter. The changes in jurisprudence and law could also take place according to period of time and place since it is flexible according to human-nature, cultural background and environment. It guarantees the benefit of human-being as a whole.

Some scholars define the objective as the matters which avoid harms toward human-being and environment. The jurist I'yad said that : "providing provisions within the framework of the path of the God is obligatory." Some characterize the objective as a way to avoid trouble for society. It was mentioned by Ibnu al-'Arabi with his statement : "There is no burden on someone if he is not capable of it." 

Some had understood the objective of shariah with five basic principles of Islam. Islam (the path of the God) is to protect :   

1. religion
2. soul and life
3. mind
4. pedigree
5. property

In other angle, there are also classical scholars who view the objective as the logic to be integrated as apart of the decision in making the judgement in the court. Contemporary scholars such as Imam al-Shatibi who are famous in the science of the objective never propose any specific definition for the term of the objective or maqasid. He perhaps assumed that everybody understood the term.  Try to compare them with principles of Civil Law and the whole process in Civil Law instead of attacking something which we don't really understand at because we are not even lawyers to begin with, lol....

This gonna take long because we learn about Civil Law or Common Law for racist Western society and their religion (whatever ideologies they proposed are their religions) for about 4 years to be a practical chambering lawyers or attorneys while we read something in the surface about Shariah and assume ourselves as professionally a Law attorney to criticize this and that, hahaha....

will be continued, inshaallah...

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