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!

How Policies are Made in EU II

Assalaamu'alaikum wa rahmatullah

Policy Making: Differences between Policy and Decision

Decision

Decision is choice or solution that ends some uncertainty or reduce contention (Peterson & Bonberg, 1999). Choice made is a decision. Decisions are building blocks of policies. Decision answers questions on what to do regarding something, when to do something, who are involved, and where it is applicable. 

Policy

Policy refers to action or inaction by public authorities who are facing choices between alternative courses of public action (Peterson & Bonberg, 1999; Colebatch, 1998). In some circumstance, official policy could also has overt and covert policies. Overt policies means policies which could be founded in papers while covert refers to policies of major implementation.

Pillars of European Union (EU)

1. First Pillar is of supranational in nature, European Commission (EC).

2. Second Pillar is intergovernmental in nature, Common Foreign and Security Policy (CFSP).

3. Third Pillar also intergovernmental, for example Justice and Home Affairs for policy such as immigration.

Each of them has specific decision making procedures and methods of cooperation between states and the EU. If we compare this to ASEAN, ASEAN is more haphazard but now it also has few pillars. We are ASEAN member countries' citizens but we know nothing about the organization right? The same goes to European citizens. 

First Pillar

It comprises of common policy areas governed by the EU as a supranational system of governance. Decisions and policies are made by acting through EU institutions which are the Commission, the Council and the European Parliament (EP). Policy areas affected are such as Europe Monetary Union, citizenship, movement of people, and single market. They tend to be legalistic and binding under EU law. Co-decision procedure is usually used for policies in first pillar.

Second Pillar

It deals with CFSP. EU wide defense policy and capability at dealing with conflicts within the EU and surrounding areas. It deals with disasters, peace keeping duties, humanitarian aids and relief operations. The cooperation between member states in the EU in this regard is intergovernmental in nature. Decisions are political than legalistic. The decisions are non-binding under the EU law. Decisions are made using consultation procedure.

Third Pillar

It is under the Justice and Home Affairs where it includes the asylum and immigration policies. There are cooperation between police forces and courts to prevent cross crimes. It apply common rules on common external problems. Although purely intergovernmental, but under the Treaty of Amsterdam (TEA) some areas have been transferred into the first pillar. Consultation procedure is commonly used for decision making while the member states drive the process.

Refer to part I

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

How Policies are Made in EU I

Assalaamu'alaikum wa rahmatullah

State House, Malacca

Try to compare everything with Shariah Islamiah which is our Way of Life. Compare with our own countries and look at how those politicians behave no matter at the coalition or alternative side. As an ex-religious studies student, I urge that the Qadis (Jurists), Muftis and fellow pure religious studies students to begin looking at these matters seriously! The end is very close but we are not certain when, only He knows. We are currently in Economy Crisis and check what happened in the Europe which also dragged the World into a series of world wars. His Mercy must be exercised dear beloved brothers and sisters! 

Don't just wait, act now and the initial step is to understand what are those Westerners think through their own framework! It does not mean that we abandon our Lord when we study them. It is a precaution to avoid from disasters from human faults. Establish the study for these in your institutions. I am actually begging brothers and sisters on my knees. I don't care if people are listening or not. I do this because I love my brethren, may everyone be blessed!

We also have decision-making process which is divinely and naturally revealed by the God while the ones that we are holding and practicing right now are from human being who have to think hard and boasting around (they are spiritually and morally empty). We had already learned that human could also receive inspiration from the God if not the Revelation like prophets or messengers of the God. But inspiration is not as equal as Revelation.

For Muslims, we have the Quran and Sunnah which should be the basis of our constitutions as they are natural but we refused them for man-made ideologies. We create terms which is not natural to explain certain theories and matters that happened. Choice is with us, not on others. I will be lying to say that I don't care. I am disappointed and sad with people who call themselves Muslim but they are skeptical with the Revelation which is the basis of our faith to Him. Changes does not come in a day, but it comes gradually. Its principles are the same with the principles of exercising the Guidance of the Lord which is His Mercy. I wish this benefit my beloved brothers and sisters, it's not easy to jot down all these notes from the source. I'm just performing a qurbana (sacrifice) for brethren of nations, may everyone receive His Love.

Introduction

Complexity in Policy-Making Process

Policy making process is the most complicated process in the European Union (EU). There are several reasons on why it is complicated: 

1. EU is both a supranational and intergovernmental body.

2. It has to use different ways in policy-making.

3. There are sets of factors involved in policy-making (Nugent, 2006)

    

a. those involved in EU institutions.

b. those involved in the policy-making are governments and EU member states.

c. those involved with Euro currency and national interests. 

4. Considerations on the levels of actors' motivations for participation:

    

a. circumstances and possession of legal or political power. 

b. different set of actors have different level of power.

c. these different actors at different level of power has overlapping influence and crosses between tiers.

d. level of priority given to particular issue and consequences of involvement.

e. level of power resources at disposal of actor.

5. Channels of participation also contribute to complexity in decision-making:

a. channels for decisions vary in the levels of their complexity and exhaustiveness.

b. some channels are easy and straightforward, others have multiple actors competing to determine outcomes.

c. multilevel governance - differences in relative importance of EU, member states, sub-national levels and between linkages between different levels, this could also be linked to immigration policy.

d. level of security involved, it depends on level of forums they've conducted e.g at ministerial level, heads of states, council, COREPER, committees, or working groups.

e. level of formality and structure involved whether the process takes place within the Council, European plenary sessions or joint European Parliament (EP) and European Council delegation meetings.   

Part I done... Try also read materials in Europa about Decision-Making Procedures.

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!

European Studies : Europeanization

Assalaamu'alaikum wa rahmatullah

I've got to leave behind first the maqasid shariah but I wish to continue it once I am done with few assignments. Man!!! I hate assignments but that is the requirement for the course. I am going to talk about Europeanization. 

Introduction

Europeanization refers to few phenomena related to Europe and patterns of change :

I. The process in which a notionally non-European subject (be it a culture, a language, a city or a nation) adopts a number of European features.

II. Outside of the social sciences, it refers to the growth of a European continental identity or polity over and above national identities and polities of the continent.

III. It refers to the process through which EU political and economic dynamics become part of the organizational logic of national politics and policy-making.

Definitions

Europeanization has been generally referred as "being more European like." Specifically than this, it has been defined in many ways. 

Earliest conceptualization of this term was made by Ladrech (1994, 69). He defines Europeanization simply as an incremental process of reorienting the shape and direction of politics to the extent that European Community (EC) political and economic dynamics become part of organizational logic of national politics and policy making. 

It emphasizes what is known as the 'top-down approach' to Europeanization with change emanating from the impact of the Union onto the national policy. The state is viewed as reactive towards changes in the Union.

Another definition that needs to be taken into acoount is of Radaelli. He describes that Europeanization is : "A process involving a) construction b) diffusion c) institutionalization of formal and informal rules, procedures, policy paradigms, styles, 'ways of doing things' and shared beliefs and norms which are first defined and consolidated in the EU policy process. Then, they are incorporated in the logic of domestic (national or sub-national) discourse, political structures and public choices."

From a "bottom-up" approach, Europeanization occurs when states begin to affect the policy of the EU in a given area.

A more nuanced analysis posts that the institutional interaction of policy actors at the various levels of European governance leads to the redefinition of national, regional and other identities within a European context where the multiple levels of governance in Europe are not seen as necessarily in opposition to one another. 

An elected representative can, for example, see his loyalties and responsibilities as lying with Barcelona, Catalonia, Spain and Europe or with Amsterdam, Netherlands and Europe, for unitary states. Some scholars for example Samuel Huntington argue that citizens of European states increasingly identify themselves as such, rather than Portuguese, British, German, French, Italian and etc. 

An obvious area of change is in the institutions of Europe; the enlargement of the EU and the gradual acquisition of authority over the national member governments in numerous areas is creating a centralized European polity. The Economic and Monetary Union of the EU would be an example for this. In this case, the nations using the Euro have passed control of their monetary policy to the European Central Bank.

Another perspective of Europeanization is the "horizontal approach." This approach takes into account the transfer of politics, policies and policy making between member states of the EU. The transfer is based on a form of a "soft law" therefore is not enforceable, but is based on "best practice" and mutual recognition.

Whether Europeanization is a continuing process that will eventually lead to a full European government or whether centralization will be unable to overcome persisting national identities or increasing interests in localism is a matter of debate. 

Reference

Michelle Cini, European Union Politics 2nd Edition (Oxford: Oxford University Press, 2007) p. 407.

This one is from wikipedia the source for lazy people since I have no time to dig in stuffs in European books. I have other books to read for research too like racism and multiculturalism. Maybe we could try to check them together once I am done with the presentation and exam stuffs, yah...

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...