Islamic Decision Making Islamic Ethical Values MAQ

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    UNIVERSAL GUIDELINES* Islamic Law (Shariah) criteriafor measuring actions

    * Maqasid al-Shariah* Qawaid al-Fiqhiah

    WEEK 3 SPECIAL TOPICISLAMIC DECISION MAKING:

    QURANIC AND PROPHETHIC GUIDED

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    UNIVERSAL GUIDELINES

    Islamic Law ( Shariah ) criteria for measuring actions

    M aqasid al-Shariah (Objective of Shariah )

    Q awaid al-Fiqhiah (Methods of Jurisprudence )

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    MAQASID AL SHARIAH

    M aqasid al Shariah means the objectives of Shariah, which is related to the study of the lawsand rules governing civil transactions (mu am alat )

    and manners (adab ) (Ashur, XXIV )Shariah specifies and identifies the various levelsof b enefit (m asalih ) and harm (m afasid ) and thecriteria for assessing them

    The rules of Islamic Shariah are based on inner reasons (hika m ) and causes (asbab ) that devolveupon the universal goodness and benefit of bothsociety and individuals (Ashur, p. 3 )

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    TWO KINDS OF MAQASID AL SHARIAH

    Real ideas (m aani haqiqiyyah) those notions which aretrue in themselves so that sound minds can perceive their conformity or incompatibility with what is good ( m aslahah)Universal conventional ideas (m aani u rfiyyah amm ah)consists of those time - tested notions that are familiar to thegeneral public and acceptable to them

    Both kinds must fulfill the properties of

    Certainty ( thu bu t )Evidence ( z u hr )Consistency ( indibat)Regularity ( ittirad)

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    MASLAHAH

    Seeking of benefit and the repelling of harm( j alb al m anfaah wa daf al m adarrah ) asdirected by Allah (Ashur, p. 196 )M aslahah = M anfaah (benefit or utility;literally not similar to maximum happinessutilitarianism )

    Shariah driven benefits seeking of benefitand the repelling of harmNon Shariah maximum human happiness

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    Al Ghazalis definition of Maslahah

    W hat we meant by m aslahah , however, is thepreservation of the ends of the shar . (Nyazee, p. 196 )

    M aslahah is not the same as human goals and the

    principle of utility based on human reason. (Nyazee, p. 196 )M aslahah is the securing of goals or values that

    Allah has determined for the shariah . (Nyazee, p. 197 )The goals determined for the shariah by Allah mayor may not coincide with values determined byhuman reasons. . (Nyazee, p. 197 )

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    CLASSIFICATION OF MASLAHAH

    1. M aslahah acknowledged or rejected by theshariah

    2 . M aslahah that based on the purposes of Islamic

    law and their types: Dar u rat (necessities ), Ha j at (needs ), and Tahsinat (complementary goals )3 . M aslahah that based on definitive interests

    (qatie ) and p ro b a b le (z anni ) interests4 . M aslahah that based on public interests

    (m aslahah a mm ah ) and private interests(m aslahah khassah )

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    Maslahah that b ased on the p ur p oses of Islamic law andtheir ty p es: Darurat (necessities), Hajat (needs), and

    Tahsinat (com p lementary goals)The classification is created according to their inner strength andthrough a process of induction (istiqra (Nyzee, p. 200 )Three types: Dar u rat (necessities ), Ha j at (needs ), and Tahsinat (complementary goals ) (Nyazee, p. 199 )Dar u rat (necessities; necessary interests ) if not giving protection, it

    would cause disorder & chaos in society; prized social interests:preservation & protection ( hif z ala)1 . Religion (al din )2 . Life (al nafs )3 . Progeny (al nasl )4 .

    Intellect (al aql )5 . Wealth (al mal )Ha j at (supporting needs ); to smooth operation & implementation; tofacilitate transactionsTahsinat (complementary interests ) additional rules that lead to moraland spiritual progress of the individual and society

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    Al Ghazali: Pur p oses of Islamic Law(Maqasid al Shariah)

    Dini (hereafter ) tahsil or ibqa Du nyawi (this world ) tahsil or ibqa

    Tahsil securing the interest, benefit (manfaah )I bqa preservation of the interest; repelling of harm ( m adarrah ).

    H ow to connect purposes of Islamic law with the Al-G hazali perspectives:Du nyawi (this world ) + Dini (hereafter ) = Five

    elements under Dar u rat (protection of religion, life,progeny/family, intellectual, and wealth

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    Priorities of Maqasid al Shariah

    M aqasid are considered definitive ( qatie ); throughprocess of induction [particulars to general] ( istiqra ) rather than through deduction [general to

    particulars].Outside the ultimate values [ qatie ] recognized asthe purposes of law, we reach the area of weaker attributes ( ashbah , probable values ). Probable

    values are distant value ( wasf baid ), which isdistant in comparison with the dar u rat (each is anear value, wasf qarib )

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    The Structure of Maqasid

    The primary purpose of the Shariah is to securethe interest of man, pertains to the H ereafter Purposes of the H ereafter (Dini ) and purposes

    restricted to this World (Dunyawi ) Al G hazali superiority in the interest of the religion(Din) e.g. Jihad, exchange life in the interest of thereligion

    Four elements combined to link with the Din: life,family, intellect, and wealth Din

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    Primary and Secondary Pur p oses

    Maqasid has 3 levels 1 st - Darurat, 2 nd - hajat,tahsinat

    Abolished the lower two levels, primary purposes

    can stand by themselvesEach of the primary purposes (maqasid ), may bedivided into public and private purposesThe public purposes seek to preserve the interestsof the community as whole; the private purposesprotect the right of individuals

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    Pu b lic vs Private Interests

    M aslahah A mm ah (public interests )M aslahah Khassah (private interests; individual benefits )

    Pu b lic interests b eneficial and useful for the whole or most of the society/community and does not concernindividuals only in so far as they are members of the

    whole, e.g. safeguarding of everything of economic value(mu ta m awwilat ) from destruction of flood or fire; collectiveobligations ( F u r u d al Kifayah ) e.g. defence of Muslim landsagainst aggressorsPrivate interests benefits of the individuals, not thegeneral public goodness of the individuals acts as ameans to the goodness and well b eing of the wholesociety e.g. the protection of the private property of mentally incompetent people (safih ) from squandering byplacing them under interdiction (hajr ) during the period of their incompetence.

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    Maslahah vs Mafsadah

    M aslahah (beneficial ); M afsadah (harmful )H ow to determine actions are beneficial or harmful; Measurement: pure benefit and utility ( naf

    khallis ) vs absol u te har m (d u rr khallis ) Al Shatibi: m asalih vs m afasid what ispredominant ( m a ghalab )Priorities within maqasid: 1 st Din, 2 nd Life, 3 rd Family, 4 th Intellect, 5 th Wealth

    1 . The stronger interest shall prevail2 . The public interest is prior to the private3 . The definitive interest prevails over the probably

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    FIVE CRITERIA TO DETERMINEMASLAHAH OR MAFSADAH

    1 . The benefit or harm must be definite and regular e.g.breathing of fresh air is definite benefit entailing no harm for others; setting fire to certain crops simply destroy, thusabsolute harm

    2 . The harm or benefit must be so prevalent and evident, e.g.rescuing a drowning person is a m aslahah , despite theharm one might suffer

    3 . Action must be of a type that cannot be replaced withsomething else e.g. consume intoxicants create seriousharm

    4. One of the two aspects of benefit and harm, throughequivalent to its opposite, must be corroborated by

    something of its genus (type ) that makes it outweigh theother aspect

    5 . One of the two aspects of benefit and harm must bedefinite and certain.

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    Basic Princi p les ( Qawaid al Fiqhiah )

    Actions are judged according to intentionsH arm or injury must not be allowed to exist or persistWhat is harmful cannot be used to combat another

    harmThe need to stop a particular act, which may on its ownbe lawful, in order to prevent general hardship or injury

    Adopting the lesser of two evils to avoid the more

    serious of the twoMeeting vital needs allows what is normally forbiddenH ardship gives rise to relaxation of laws