Reason of Fractions

Assalaamu'alaikum wa rahmatullah

This is the continuation of my previous post about the seventy three divisions. It is crucial for brothers and sisters including myself to know about what is ijtihaad. For shari'a divine law practitioners, this matter is very important to determine their decisions in their rulings and judgements. Also important for them to decide on their religious duty when there is no evidence for certain matters related to the path. Basically, the result of a decision-making is based from opinions with some supportive articles of few basic sources of constitution. Maybe it could be compared to European Union system of decision-making and law... I am trying to make this less technical... But if it is too technical, I am so sorry as I could not avoid it... 

Ijtihad

What does ijtihaad means? Ijtihaad is the decision-making according to our divine law through two ways which are:

1. Personal effort

2. Personally made by one according to any school of jurisprudence. 

This is in opposite to the taqleed. I think that I had posted about taqleed in... I don't know previous pages maybe. Taqleed means that we would follow the decisions or the rulings of a religious expert without necessarily to examine scriptural basis or reasoning of the particular decision. Most Muslim in the world are the muqallideen (click on muqallideen to refer) or the public followers which more or less also include myself though I was once a Shari'a Islamiyya student. In order for the decision to be valid and widely accepted, it must be rooted with the basis support of the Quran and the hadiths. It does not require any established doctrine rules for the case. A mujtahid usually is an Islamic scholar who is competent to interpret the divine law through his own effort. The mujtahideen or the Islamic scholars must meet the requirements before he is competent to make his own decision in relation to the path and the way of life. 

There are differences between qualifications between the Sunnah and Shi'a Muslims as per outlined by scholars of both sides. The Shi'a Muslims as what I know have their students in hawzat 'ilmiyya where they must master the Arabic linguistic studies, jurisprudence, hadith and sunna compiled by their scholars, logic, philosophy and jurisprudence. Although I am an orthodox sunnah Muslim, but my background is more or less almost the same with those hawzat students just after I expelled myself from the Shari'a studies due to problems of faith and pressure of life as for the lack of life experience. Apa orang kata itu, saya cuma budak kanyaq berhingus saja masa itu, lol... There are many types of decision-maker for specific branches of the way of life such as economy or finance as well as there are decision-maker of both genders, males and females.  

Ijtihaad in jurisprudence basically means that the understanding of the way of life was started by companions of Muhammad s.a.w until the period of followers and the following scholars known as the mutaqaddimeen. Those scholars always mentioned that the opinions of their ijtihaad are based on their dzhann or assumption. They were not final and could be followed if they are in accordance to the two basic sources of the way of life which are the Quran and the Sunna. Imam al-Shafi'ie may the God be pleased with him had once said that if the hadith is valid, then it is my school. 

Fractions due to Ijtihaad

Now the question is whether the fractions in our path is because of these opinions by different early scholars? Scholar for e.g Abdul Malik Karim Amrullah through his observation says that fractions does not happen due to these few ijtihaads. It happens when the result of a certain ijtihaad is gripped with so much confidence by followers. Thus, schools rise out of these confidence on certain ijtihaad and everyone claims that their group or faction is the righteous one. Sometimes, it happens that the opinion of a mujtaheed when being thoroughly researches has a different meaning from a valid hadith. But the valid hadith is not followed by people because they still are confident with a particular opinion of their imam or scholars. When this happens, there are also fractions in the divine path...

The four orthodox sunna imams never were in conflict among each other. They actually respect each other and their opinions. They are tolerant toward each other. However, the followers of the next generations had made their opinions as if their opinions are of different path and religion. The same thing also happened to Shia Muslims. It worsen until there are questions such as whether a Hanbali Muslim man could marry a Shafi'ie Muslim lady? Whether a Shafi'ie Muslim man could marry a Hanafi Muslim lady? Or whether a Sunna Orthodox Muslim man could marry a Shi'a Muslim lady? While many people thought that Islam is only Islam. Why it becomes like this???! May the God forgives us. 

In the Holy Mecca itself as what I also heard from my elders, since hundred of years, there were four imams taking turns in conducting the congregations of different schools of jurisprudence for daily prayer services. Only because the followers of the schools did not want to follow imams from different school of jurisprudence. There was also a story told by elders that the followers of Hanafi school of jurisprudence stayed idle when the imam of other schools conducting the prayer and only praying when the imam of their school conducting the prayers who usually would be the last one in the turns. The reason they do not want to follow other imams during the congregational services is due to furu' or differences in branches of practices in a particular ritual. Only in 1925, when the Ben Sa'ud conquered the nowadays Saudi Arabia that daily prayer services are conducted only once for each time. The same thing also happened to the Sunna and Shi'a sides where everyone would try to avoid performing prayer services in each other mosques... 

Comparison with Non-Muslims

When I heard or see all of these matters, I feel quite weird because the Christians are also divided into hundreds of sects. The popular ones that I know are the Roman Catholic and those in communion with the Western Roman papacy, the independent Oriental Orthodox churches, Protestant churches and so on... I guess the same thing also to the Children of Israel where there are Orthodox Rabbinical Authority for Orthodox Jews, Reformed Judaism, Karaite Judaism and etc. Also among the Hindus, where some Vaishnava refuse to perform worship in Saivite temples due to differences... I visited also the Bengal Vaisnava temple in Penang Island just few blocks in opposite of the Bengal Tabligh Mosque when I was studying in Penang Island. Christians would refuse to perform sacrament in different churches and they would have to be baptized again if they are converting to other sect. The same thing too with Judaism where one needs to be baptized by the Rabbinical Authority to be recognized as an Orthodox Jew and to perform worship and rituals according to mainstream Orthodox Judaism. 

Our World Today

Today I could also see the same thing happens among Muslims especially of Sunna and Shi'a sides... Some of the Muslims of these sides keep stamping each other as kafirs or infidels and refusing to pray in each other mosques. If they are praying there, they would be seen with suspicion by the majority congregation members. People of these different sides and groups keep killing each other and bombing each other mosques. Are we now fully reaching the threat of noble prophet Muhammad s.a.w? The clogs' trail would follow the clogs' trail? Where the schools and sects becoming like a different religion? Are we going to deny ourselves or to trying our best to prevent this from happening? How are we going to do and what is the method to avoid this?

The hadith narrated by Abdullah bin 'Amr al-'As is not explaining the destiny that must be followed by people! It warns us to avoid from the situation! To protect ourselves from this situation, we must follow the primary basis of the path which is the glorious Quran, the wisdom of Muhammad s.a.w through his Sunna and through the practices of his companions and early righteous disciples. It also refers to the manner of da'awa... Only those who have the Quran shining through his heart would be the "authentic" practitioners of da'awa...

Sealed with prayers for mercy, peace and love, amin!

Al-A'araf 7 v. 33: Spiritual Adornments

Assalaamu'alaikum wa rahmatullah

Recently I am seeking some help from fellow Ahlul Bayt members of various branches of Islamic movements to help us to clear the name of our ulamas, family and imams. I hate to see how we Muslims dividing our selves into congregations, organizations or movements just to tyrannize each other and posing judgements based on unwritten laws to satisfy our nationalism or perhaps our position. Many of our people had already sacrificed their selves and keeping their silence under oppressions just to make sure that the nations of Islam do not split out of Allah's course and for the peace of the humanity. I cannot put everything up here in a blow. Maybe I would compile the names of those figures first. Many fitnas nowadays and I am sensing that our prayer times becoming earlier than before. I am not sure about other regions. I do not like to speculate but favoring and incline more to the Quran and the prophethood of Muhammad s.a.w as the basis of our Creed. But I think the time is moving fast as the speed of the Earth circulating the Star is also increasing. 

Anyway, this is not the topic I wanted to talk about in this post. I am here to keep the written notes about surat Al-A'araf verse 33 exegesis. It means in English more or less: "Say: My Lord forbids me indecency; whatever obvious of it, whatever hidden of it and sins and unjust oppression; and that you associate not the God with what He never ascribe in Revelation out of the authority and that you say not anything about Him of which you have no knowledge about".

According to Abdul Malik Karim Amrullah in his al-Azhar, Allah commanded Muhammmad s.a.w as His messenger to tell the universe that adorning one self with ornaments or modest eating or drinking habits are not forbidden. However those are just at the surface. It is actually forbidden to neglect spiritual adornment. Never exceed the limit of spiritual body sanctity with sins when it is well protected, and never feel worried if physical body is granted with adornments.

الفَوَاحشَ or indecency in the verse refers to disgusting acts related to genitals. In modern days, it is also known as promiscuous sex and the verse mentions about it is committed secretly or openly. As what we could see today, ladies wearing sexually attractive attire to attract people's attention, skimpy dress and showing off their physical assets. Some people would say why only ladies? I would say this refers to every sane human-being regardless gender which also include the third gender if there is such a thing. I know several sexual terms from my experience with those kids who watched porn. Whatever disgusting acts exceeding the sanctity limit of spiritual body out of these related to human-physical body attraction portrayed in those terms is forbidden. 

Watching anything related to this such as pornographic materials is also counted as disgusting. I could still recall some of my hostel mates were watching porn videos while I was in their room cause I was chatting with some of them. Suddenly one of them organized some porn watching party and locked the door. I did not say anything to them nor watching it. I pretend that I was reading the newspaper before I force one of them to unlock the door as it used their keys. When I return to my room I just whip myself with belt buckle. Some kids there including my roommate perhaps had mistaken me for whipping myself for 'Ashura or Muharram matam but it was Ramadan's eve, lol. I would fast in those days of 'Ashura rather than whipping myself. Yea that was retarded but I can't help it with the feeling of guilt for disrespecting my soul when I mingled with those kids for da'awa purpose. This is what I am telling brothers and sisters that I am stepping one of my feet in the hell because I love those brothers because they said they are Muslims. It is so tormenting yet we have to be patient with some psychological strategies to bring everyone to Allah without breaking their "heart". So we are not being selfish by only circulating the Mercy of Allah among our selves. 

Please don't misunderstood me as a man who discriminate women on gender basis when I am stating these as apart of what we understood from the verse when it mentions women. Sometimes people love to make controversy out of others' statement when we only mention women. I have five sisters and I am the only male among the siblings. For traditional orthodox Muslim family. If we are discriminating women, my sisters would not be given opportunity to study to the highest level that they can achieve and they could even mingle with any male friend they like as long as they know how to behave. I even had accompanied my sister to Thai for a "cowboy marriage" and lied by her when she wanted to marry a guy of her choice that happened to be someone's husband. English and most Western languages usually mention pronouns with the men ones but in Asian languages such as Chinese or Malay, there is no such thing. Just to make sure we follow the standard of equality in gender treatment that I put both he and she but not in all places as it takes space, hehe.

These verses connecting the physical indecency with spiritual ones. They have to do with adornments at human physical body. The God never forbids the Ornaments of the God. But in our daily life, most people tend to appear in front of others such as looking sexually attractive or others just to show off to others. Some men perhaps would show off their muscular body to others or some women would show off their boobies or thigh or hips and etc just to make people adoring them. Through these verses, the God commanded Muhammad s.a.w to tell the world that there is nothing wrong with dressing nicely and decently. Nothing wrong to wear any pattern of fabrics. He forbids dress which is worn to show off physical body with the mean to raise sexual desire of people around regardless men or women. When a portal evil is opened, others will gradually be opened too. This is also one of the gates to polytheism.

As what has been mentioned in Surat al-An'am vs. 151 which means: "Say: 'Come, let me recite what your Lord has prohibited upon you. He commands that you should not associate anything with Him, and to parents be polite. And do not kill your children due to poverty. We provide them with sustenance and also for you. And never be close to indecency be it openly or secretly. And never take the soul which the God has forbidden except with justice and legal rights. He instructs you with these may you use logical thinking and reasons".

The verse also mentions about ألأِثْمُ which means the sins. Then it mentions ألبَغْيُ بِغَيرِالحَق which is translated as unjust oppression. Al-Suddiy interpret the sins as committing vices. While the word ألبَغْيُ or oppression refers to the act of hurting others unjustly. Al-Mujahid interpret the sins as all of the acts of vices. And oppression refers to the act without legal justification which also hurts the doer's self. 

Ibnu Katir says that: "As per conclusion, the sins refer to all of the crimes which affect the doer's self while oppression refers to the act of crimes which has hurt others". Based from the conclusion made by Ibnu Katir, we could now differentiate the sins into categories and identify on what is the oppression or tyranny. For example, B simply hates this A guy because he perhaps unintentionally became his rival. Then B took out his rifle and shot dead A. This is referred according to our terminology as ألبَغْيُ the unjust oppression or a tyranny.

Then, the verse mentions that it is forbidden to associate the God with others. Seeing others as powerful and as equal as the God in term of the power possession would make a person sinful for the crime of associating the God with others. Other than that, a person who is saying something about the God without any knowledge has the gravity of the sin heavier than associating Him with partners. This refers to people who established pseudo-religious teachings and claiming that it is of the God while the God never reveals as such. Such a person has no knowledge about the fact of religion, law and jurisprudence. He could not even differentiate what is legal and what is illegal but yet acting like he was revealed with the scripture to add in nonsense things which are claimed as part of religion. Around the world and throughout centuries, there are spiritual or pseudo religious movements established by people who claim their selves as teachers while his teachings is followed by ignorant followers. This is also a grave sin.

List of the Crimes and Sins Mentioned in the Verse

From these verses, there are six kind of the crimes forbidden by the God:

1. Sins committed openly       
2. Sins committed secretly
3. Sins out of the "heart"
4. Sins tyrannizing others
5. Associating the God with others
6. Sins of speculations about the God while they are just their mere imagination

Jushammiy Explanations

The sixth of these sins is the greatest after all the consideration given. Al-Jushammiy mentions: "This verse shows that all of the sins are illegal. The sayings of the God in the scripture covering the tiniest of all crime acts and all wrong promises which go against the divine law, evil words and evil belief which is related to crimes and vices".

The words ظَهَرَ and بَطَنَ include all of verbal acts and those emerged from "heart" such as cheating, lying, envious and etc. The word ألبَغْيُ or oppression refer to all of the tyranny to others. It includes for example the rebellion of people that destroys a country or making innocent people suffer, attacking or discriminating other congregations within the larger congregation and also the political leader who defends people who commit crimes.    

And in the scripture says the God: "وأنْ تُشْرِكوا باللهِ مالَم يُنَزِّلْ بِهِ" refers to acts of associating the God with partners and enslaving oneself to others for example to human bosses, earthly kings, earthly stuffs for example gold and silver, other creatures in the earth and heavens for example angels, stars, planets, animals, satan, genies and others.

And it includes in His sayings: "وأنْ تقولواعلى اللهِ مالاتعلمونَ" which refers to innovations and blasphemy. Those who issue out the fatawa without following the guidelines of the righteousness, providing fake testimony and lying about others are also counted as among those who committed this sin.

So this verse has collected all of what has been forbidden by the God to mankind. The verses before this verse has mentioned on numbers of what is not sinful to be done or known as مباح mubaah. The verse also highlighting the importance of politeness and manner related to religion's affair or worldly affair. This also shows that there is a cancellation of تقليد taqleed since the God commands everyone to investigate and researching on the reasons for arguments. Not to just stay blindly following on anything. Because there are also the indications about explanations in the revelation as mentioned in the verse: "مالم ينزل به سلطانا" which shows the importance of researching on arguments in our divine law. The سلطانا word refers to a precise explanation.

What are the Benefits of the Verse?

As what has been concluded for the verse, it is not forbidden for us to wear nice attire suitable with the position of holy sanctuaries such as masjid or when performing the circumambulation around the Ka'aba in holy Mecca. Nobody forbids that. Nobody also forbids us to eat or drink anything which is legal as long as we do it moderately.

The most important thing for us to put into our attention is our manner, politeness and the sanctity of our inner selves. Never adorn our selves with the adornments of satan which will cause us to fall into the trap of the envious creature. Protect our heart from being contaminated with sins or when we tyrannize others. Protect our inner selves from associating the God with partners by worshiping what is not to be worshiped or believing that earthly or heavenly materials and creatures have the power over the God. After that, never be religious without questioning and reasoning as what the God said in the verse through the words of Surat al-'An'am v. 151 about logical thinking and reasons. This is why I am performing da'awa according to suitability and I do not like to be bonded by specific movements. I saw some fellow Tabligh members walking like a penguin. So, I asked them why are you walking like that? They said this is how prophet Muhammad s.a.w walk as we are following the Sunna. I just feel it funny that they could walk properly but choosing to walk like a penguin. How do they know prophet Muhammad s.a.w walk like that? They ever seen it? In some hadiths narration, they mentioned that prophet Muhammad s.a.w walked "like" climbing the hills and his steps are moderate and modest. They never say anything about walking like a penguin. What I would say is that just be our selves. We don't have to show how eager we are until it become so awkward. Some people keeping bushy beard and looking to us who do not really have beard like ungodly people. I saw many people who keep beard as it is a "Sunna" but never bother to brush it nicely and apply oil. Their beard even contains lice, na'udzubillah. Sometimes I keep beard and sometimes not because I will trim it all when I feel "dirty" and grow it again. It is a "Sunna" which people should understand not the only "basis of religious" obligation. If we are a "Chinese" person or a Korean guy, how could we grow beard like Mid Easterners bushy beard? Our genetic developed differently of theirs.

This verse perfectly describe on how should we conduct our life with ethic and noble manner. It is nor wrong for an old guy or old woman to dress nicely with whatever expensive fabric or sprinkling some perfume according to occasion. As long as it does not affect people appreciation or respect on their selves due to "flirtatious gazing" to others then go on.

The Nexus of Jurisprudence and Shari'a and Islam

The verse strongly reminds us to avoid from talking about "religion" when our knowledge is not reaching the suitable level for the questions raised. And never try to debate on anything if our arguments are based on perception or hear says or simply copy-pasting certain ulama's thesis. Following our own thought and labeling others with accusations without referring to the sayings of the God and prophetic traditions is the peak of all sins and crimes. When it comes to jurisprudence on what is legal or what is illegal, we are not allowed to simply issuing any rulings accept with نص or the precise evidence. If we have no basic knowledge then start it with classes in the nearest masjid in our area. It is actually open for both men and women because I had female colleagues in our Shari'a stream class and many of our female elders were also trained as da'awa cadres where they protect the interests of ladies in the jurisprudence body and provide information to others.

For some jurisprudence schools of Islam, اجتهاد the ijtihad which refers to personal decision-making for interpretation of laws could be exercised if one possess the basic knowledge of Shari'a and Jurisprudence sciences. The فروع furu' could analogically be deducted through قياس qiyaas on the أصول usool in the religion. The derivation of the judgement or الإستنباط is based on the Shari'a Spirit where the previous judgements are referred as long as it is in accordance to the basis of law. What everyone should know is that the result of the ijtihad is not definite and not to be accepted by everyone like the sayings of the God! The result of the ijtihad according to the majority of ulamas is based on ظن the suspicion and not definite as implied in our technical term قطع qat'i.

Only the followers of the ulamas who hate others who differ from their teachers opinion and rulings that attack people around and issuing judgement to others on the reasons that only they themselves and the God know. This is the "chief" of all disasters around the world. Nations are judged by the مقلدين muqallideen. Not by the ulamas who are the real jurists. Everyone could be da'awa cadres but not all da'awa cadres around the world are the قاضي jurists and فاقِه faaqih.             
                                 
Sealed with prayers for mercy, peace and love, amin!

Types of Taqleed

Assalaamu'alaikum wa rahmatullah

How Many Types of Taqleed noh?

I. General one

The person who follows to a particular madzhab or school of jurisprudence or school of thought. He accepts the concessions and non-concessions in all of the matters pertaining the law and path. 

My note here, in Arabic the word deen means law or divine law. It is the same word used in Aramaic so I just translate it as the law or divine law of the Lord. Longer would be divine law of the Lord conveyed and transmitted through messengers and prophets of the Lord.   

Sheikh further clarifies that scholars and clerics differed about such a state. So, some among of the late-comers have reported that this is obligatory upon him due to his inability to perform ijtihad. Others report it as being forbidden for him due to it is a case of necessitating unrestricted following of other than the noble prophet Muhammad s.a.w. We would talk about ijtihad in other post if possible because we need to concentrate on a particular matter. Else people would confuse everything up and there come "self-claiming scholars" who pronounced Arabic in barbaric foreign tongue for example American English or etc, lol.

Ibnu Taimiyyah rahimahullah mentioned that: "The saying that it is obligatory, causes obedience to other than prophet Muhammad s.a.w in every matter of command and prohibition, and this is in opposition to the assembly of the scholars and clerics. And the allowance of it contains what it contains."

Ibnu Taimiyyah further says that: "Whoever sticks to a particular madzhab and then acts in opposition to it without making a taqleed on another scholar who has given him a ruling, nor does he use an evidence as a proofs or reasons which necessitates acting in opposition to his madzhab, nor does he have an acceptable Shari'a excuse which allows him to do what he has done. This person is counted as a follower of his desires, and committing illegal acts since he has no valid Shari'a excuse. It is evil and sinful."

If there becomes evident to him that something which requires preference to one saying (of imams) to another, either due to detailed proofs if he knows and understands them, or because he holds one of two people to be more knowledgeable about this matter and having more piety with regards to what he says, and so the muqallid leaves the saying of that one for the saying of another one, then it is permissible; rather, it becomes obligatory. This one is also from the document of Imam Ahmad bin Hanbal.  

II. The Particular one

This type of taqleed is when a person accepts a saying about a particular matter. This is permissible if such a person is unable to arrive at the knowledge by the ijtihad whether he is unable or able but with great difficulty. 

The God knows more than His creatures...

Sealed with prayers for mercy, peace, and love, amin!

Maqasid Shariah: Definitions

Assalaamu'alaikum wa rahmatullah

Pao Gong, a justice figure of China's Song dynasty who serves the court during the reign of emperor Renzong

Once again we are in Yom al-Jumu'ah which is the day we congregate together as brothers and sisters. The sermon delivered in the masjid today is once again about Shariah Islamiah. After my first part thesis being rejected over and over and considering that I have to do it once again after few times struggling, I think that I hate human idealism. This human idealism that I am studying is making me far from my Beloved One!!! 

I regret that I could only get C in my Shariah paper recognition for STPM (A-Level). I just learned it in a framed one year after returning from pilgrimage in holy Mecca where I've got His guidance while it needs me two years for basic understanding. Last time, I had escaped Thanawi papers because I didn't believe in Islam as I had misunderstanding regarding society and the religion though I know about basic principles and memorized things. I learned both Islamic studies and Hindu-Buddhism sastras in the same time but I just practiced Buddhism rituals while I was alone. If I could not be a Qadhi in the future, perhaps I could still be a transmitter of Shariah sciences as apart of my Qurbana (sacrifice) for Him. It's not for myself but only for Him. It's all my fault because I was not patient. Please forgive me dear Good Lord, please don't hate me : (

Coincidentally, the sermon today also talked about the weaknesses of human idealism as compared to Revelation from the God according to our nature. I lament it in myself while returning to my room because I am not a believer of Western idealism nor feeling amazed at their values. I can't even use anything from Revelation in my research which could harmonize and purify, at least my own mind if not useful for others.

Let us continue on few other definitions of maqasid shariah...

Definitions of Maqasid Shariah

Contemporary scholars such as al-Imam al-Shatibi who is synonymous with maqasid science never provide specific definitions for the term maqasid shariah or objective of the way. It is because he thought that everyone understood the concept and the term itself.  

Definition of Ibnu Ashoor for Maqasid 

Ibnu Ashoor has defined maqasid as: "referring to every understanding which could be seen at legislation that had been provided through Revelation as a whole as parts of it." It means that maqasid does not really defined with the specific meaning of observation for the legislation. It refers to these examples such as bringing benefits, rejecting evil and crimes, and there lies the concept of equality among human-being in every prescription of the legislation in the Way.

Ibnu Ashoor had divided maqasid into general maqasid and specific maqasid...

i. General Maqasid

It has been seen in obligatory legislation which generally involves individual.

ii. Specific Maqasid 

It refers to methods used in Shariah to brings public necessities into realization through individuals' acts. For example, the legislation on the act of recording debt negotiations in financial area.

Definition of Maqasid by I'lal al-Fasi

He defines maqasid as: "The goal of Shariah and the secrets of the legislation for every judgement in Islam." Al-Fasi has also divided this into two which are the general and specific objectives. The general objective refers to the goal of Shariah while the specific objective is referring to the secrets of the legislation.

The definition however was criticized by Dr. Iwad bin Muhammad al-Qarni. He criticizes that the definition by saying that the usage of the word "secret" is not suitable because the word does not representing maqasid in an absolute way. Sometimes secret could be an objective while in certain times secrets are not objectives for something.  

Definition by Ahmad al-Raysuni

Maqasid refers to goals of the Way which everyone is striving to achieve for the benefit of human nations. Al-Raysuni had divided objectives more discreetly compared to the above definition setters. He divided it into three which are the general objective, specific objective, and branches objective.

i. General Objective

Objective which is taken into account through the light of the Way in order to decide on all or the majority of legislation of Shariah. For example, the concept of al-Musawah (equality) which exists in all of the Shariah legislation.

ii. Specific Objective

It has been taken into account by the Way in order to decide on something or few groups of specific legislation. For example, legislation related to family and matrimonial.

iii. Branches Objective

It is taken into account by the Way in order to decide over specific legislation such as the legislation decision on matrimonial as a tradition. 

Further Discussion on Definitions

What had been discussed in the science of the origin of jurisprudence and the objective science is concerning the general objective. Specific objective became the topic of discussion by the legislators and jurists of the Way (Shariah).

Among those definitions proposed by scholars, al-Raysuni's one is considered as compact, precise, and covering over the concept of maqasid (objective) after being analyzed by today's scholars.

Conclusion of Definition

Maqasid (objective) of Shariah are the goals which is deemed by the Shariah to be achieved for the benefit of human civilization and society. 

Sealed with prayers for mercy, peace, and love, amin!

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...

Cure for the Heart : First Section on Eyes

continue...

Says the God in surah Ghaafir verse 19 : "He knows the betrayal of eyes and and whatever hidden in the chest (heart)." It means that the God knows that our eyes are trying to see or watch something illegal while nobody sees us. The God knows whatever we think and have in our heart either the vision to commit evil or do charities.

Said the noble prophet Muhammad s.a.w : "Indeed gazing at parts of women (and men) which could stimulate is like poisonous arrows from the arrows of Devil as it is greatly destructive. Those who leave it (the act) behind due to the fear to the God the Most Highest will be granted the feeling of enjoyment in acts of worship and devotion to Him." The hadith is narrated by al-Hakim reported from Hudzaifa r.a. The source of the hadith is valid.

Said the noble prophet Muhammad s.a.w : "For every sons of Adam some parts of adultery. Eyes are committing adultery, and adultery happens when a person looks at things which he or she should not see. Hands are committing adultery, and adultery of hands happens when they touched or slapping something which is illegal. Legs are committing adultery when they walk to illegal places. Mouth committing adultery when it holds something which is illegal and 'heart and soul' is the place where all of illegal things related to adultery happens." Hadith is narrated by Abu Hurairah r.a and it explains that beginning adultery of genital is from the eyes as the portal to the illegal act.

Use your eyes only for necessary things such as when you do your work, your studies, and protect your body parts from stains of the world. Do things which is longed by those body parts. If you're doing a big work, then the responsibility to protect the parts of body is also big. Hands are longing to pluck fruits of the paradise and holding the drinks in the paradise. The eyes are longing to see the God from the paradise and it is not the same as seeing new or created "things." The grace of seeing the God appearance is incomparable to other graces in the world or in the hereafter. So, it is the responsibility of the body to protect the eyes and fulfilling their ambition for they are longing to see the God. Protect eyes with noble things for them to see Noble appearance and do not pollute them with obscene and dirty matters.

Sealed with prayers for mercy, peace, and love, amin!