Maqasid al-Shari'ah and Public Values to Be Protected - Part 1
By
Grace Mubashir, New Age Islam
20 June
2022
In A
Pluralistic Society, the Concept of Maqasid Al-Shari’ah (The Highest
Goals of the Shariah) Presents Us with a Vast Array of Values and Theories
Main
Points:
1. Common
values and common goals that everyone agrees on play a crucial role in the
construction of any society.
2. Shariah-compliant
discussions enable people to solve their problems with purity and rationality
and to see diversity among themselves as a blessing rather than a disaster.
3. Shariah
calls for strengthening solidarity with others by providing goodness, justice
and help.
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(This essay
is the first of a series of articles on the reformation of Islamic laws based
on a new methodology of Maqasid al-Sharia.)
In a
pluralistic society, the concept of Maqasid al-Shari’ah (the highest
goals of the Shariah) presents us with a vast array of values and theories.
Shariah-compliant discussions enable people to solve their problems with purity
and rationality and to see diversity among themselves as a blessing rather than
a disaster. Therefore, the general title associated with Maqasid and the
activities under it aim to develop and propagate the values and general
principles that are important elements of social construction.
Common
values and common goals that everyone agrees on play a crucial role in the
construction of any society. This does not apply to any one community. All
human beings have common goals and values in this sense.
The first
and foremost thing to be done in anticipation of following Maqasid
al-Shari’ah is to develop the above general objectives. All religions,
philosophies, and cultures based on civic values may have their own Maqasids.
At the same time, there will be common values and common goals that are
universally accepted, upheld and propagated by the respective religions and
ideologies. That's where we really need to start.
Sadly, the
above values and preconceived notions and actions lead to unhealthy competition
instead of leading to mutual cooperation and completion. The documents
summarize that their mission was to call for 'doing good and forsaking evil'
throughout the analysis of the messages brought by the prophets because of this
cooperation. Good and evil are ideas that are accepted by all people as one.
Therefore, it is very easy to accept it as the basis of all our actions and the
standard of cooperation with others. Allah describes the mission of His
messengers as "We inspired them to do good" (Al-Ambiya '73). In
short, the prophets were commissioned to invite human society to good. In
another Qur'anic verse, Allah affirms the same idea by addressing the believers
(Al-Hajj 77). The Qur'anic verse (Al-Salah: 7-8) reads in conjunction with
this.
In addition
to worship such as prayer and fasting, the general expression 'do good'
promotes goodness in every sense. The term has a broad meaning that encompasses
all the virtues mentioned or not mentioned in the documents, whether small or
large.
Many
scholars have said that the basis of all the virtues that exist in human
society is the intuition or divine revelation. The source of the virtues and
values that are practiced even by those who do not accept the divine laws are
the divine revelations and the teachings imparted by the prophets in its light.
In this
sense, justice is one of the most important common values that we must
cultivate and promote in our societies, especially in pluralistic societies.
The Qur'an makes it clear that "We sent messengers and gave them the
Scripture and the scales to establish justice among the people" (Al-Hadid
25). In this verse, Allah has used the word 'Qist' to refer to justice. The
word 'adl' is used a lot in the Qur'an to describe justice. 'Qist' is a value
that all people should hold fast to in all contexts. Shaykh al-Islam Ibn
Taymiyyah said about it: The notion of injustice as opposed to this is in no
way permissible. The word 'Qist' mentioned in the above verse about justice is
not a true Arabic word.
In Sahih
al-Bukhari, the word used to refer to Adl in the Roman language is 'Qist'.
'Qist' and Khistwas are words used in countless languages around
the world to mean justice, including the English word justice. The essence of ‘Qist’,
which is actually used in global languages, is that it refers to justice as
global values and concept universally accepted by all the laws of the world.
There is no constitution or law that is divine or man-made that does not
recognize justice. Denial and denial of justice can be rational, religious or
ideological suicide. Not a real Arabic word. In short, justice is a
fundamental-global value that applies to all human beings. Every human being
has a responsibility to do justice to himself, to those around him, and to his Creator.
There is no change in this policy, whether he is acquainted with it or not,
whether he follows his path or abandons it. As the culture of justice spreads
in the society, the rights of every individual, social security and peace are
ensured.
The scriptures
make it clear that God will do justice to the animals in the Hereafter
tomorrow. That is to say, human beings who raise and care for animals have a
responsibility to do justice to them as well. To the extent that each
individual has to do justice to his or her own mental and physical needs and
desires, as in the case of his children and relatives. This value, which is
universally accepted, should be used to spread religion in society.
It can be
seen that in the Holy Qur'an, justice and ‘Ihsan’ (An-Nahl 90) are mentioned
together. It is a commandment to uphold justice and innocence through Ihsan.
The principle of 'obligatory obligation to be acquitted by optional deeds' is
often quoted in relation to the rules of Islamic Sharia. This means that a person
who is interested in ‘Ihsan’ will naturally show more interest in justice. That
is why Allah has stipulated in the above verse that there should be ‘ad’l or
justice and even more ‘Ihsan’ in your life. Imam ibn 'Abd al-Salam has
written a great book based on this divine verse,' Shajrat al-Ma'rifi
wal-Ahwal, wa Salihil aqwal'. In this book, he establishes that all the
laws laid down by the Shariah return to justice and ‘Ihsan’. The fulfilment of
justice in any sense is done by abiding by the Shariah-commanded commandments
and staying away from prohibitions.
‘Ihsan’ is
a value that stands for justice. That is why Allah has made it clear that there
is no better way to resolve disputes or enmity than Ihsan (Fusswilat 34). The
verse makes it clear that Ihsan not only solves the problem between a person
and his enemy but also brings them together and makes them friends and helpers.
‘Ihsan’ is
a common value that should naturally exist in a society. Moreover, the above
verse affirms that Ihsan is the one that must remove the harm and replace it.
The Qur'an here gives the principle that you give food to the one who throws
stones at you. Through ‘Ihsan’, one can change the mind of the offender and
turn evil into good. This is because if ‘Ihsan’ is cultivated, the practitioner
of Ihsan himself will reap the harvest. In short, justice and ‘Ihsan’ are
common values that enable mutual love and cooperation.
Another
divine value that is equally relevant in a pluralistic as well as monolithic
society is the protection of the five basic elements of faith, life, intellect,
wealth and race. This is the level at which the Islamic Shari'ah and the divine
Shari'ah of the past came together. Scholars have noted that this protection
has been preserved in all societies throughout history in the community to
which the Prophets were commissioned, or the succession of that society.
Therefore, it is paramount to address the people in the light of the above five
values. We can regard it as the pride of the Islamic intellectual heritage/tradition.
It is worth mentioning that the scholars came to them after centuries of
deliberation and study.
The
protection and defence of these values is a culture that believers must
inevitably propagate among themselves and other communities.
These are
of particular importance at a time when dangerous lifestyles and ideas that are
at odds with faith, race, life are entering the scene and conquering the scene.
The same is true for intelligence, wealth, and other factors that need to be
protected. Drugs, alcohol, and pornography continue to plague the human mind
and intellect. Financial protection is a value that both Muslims and
non-Muslims alike must put forward. Everyone has a responsibility to uplift the
economic status of the family, community, and nation and to lead the way in
economic growth.
The Muslim
community needs to be taught that the basis of Islamic philosophy is the
protection of these five values. It should be conveyed to the general public
that these are values that are held firmly by all religious philosophies in the
divine tradition. Since these five values are the basic Maqasids of
human life and Islamic Shariah, every deed intentionally performed for their
protection - whether it is personal fulfilment of food, money, or procreation -
is worship and a good deed that draws one closer to Allah.
Similarly,
one of the most important Maqasids in a pluralistic society, which is
clearly mentioned in the Holy Qur'an and the Sunnah, is that different sects
know each other. Allah has made it clear in Al-Hujurat Chapter (Verse 13) that
He created man and woman and divided them into different sects so that they may
know and get to know each other. Here, males and females, as well as different
races and tribes, are expressions used to denote diversity among human beings.
The Maqasid or purpose of all diversity found among human beings is to
know, cooperate and help each other. This applies not only to different
religions but also to nations. Rather than the purpose of the Shariah,
Shariah
calls for strengthening solidarity with others by providing goodness, justice
and help. The message of Shariah is that the relationship with any person or
sect living on earth should be strong and warm. As its first step, the Muslim
community must take the lead in formulating public plans for the protection and
propagation of values that are universally accepted by people. They need to
plan cultural and political activities and educational activities that will
facilitate the implementation of co-operation and mutual cooperation between
other communities.
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Grace
Mubashir is a journalism student at IIMC, Delhi
URL: https://newageislam.com/islam-spiritualism/maqasid-al-shariah-values-part-1/d/127278
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