ISB533 GROUP PRESENTATION OBJECTRIVES OF SHARIAH MAQASID AL SHARIYYAH THE ESEENTIAL DHARURIYYAH

usul fiqh

1. THE OBJECTIVES OF SHARIAH
(MAQASID AL-SHARIYYAH)
THE ESSENTIAL DHARURIYYAH
PREPARED FOR:
USTAZAH NIK MUNIYATI BINTI NIK DIN
ISB533 USUL FIQH (ISLAMIC JURISPRUDENCE)

2. INTRODUCTION
Maqasid (Objectives):
Maqasid focuses on the public good and welfare, considering the impact of individual actions on
society. It aims to create harmony and aligns with the goals of Shariah.
Shariah (Islamic Law):
Shariah means "the way" and represents Islamic law guiding Muslims to purity and justice. It
encourages behaviors beneficial to individuals, society, and the environment while forbidding
harmful ones.
Respect for Shariah in Finance:
Shariah emphasizes moral financial behaviors, distinguishing between right and wrong. It seeks to
avoid speculation and exploitation not covered by national laws.

3. Necessities and Preservations:
Essential human needs include shelter, food, and clothing. Islamic rulings aim to protect
five key elements: religion, life, lineage, intellect, and property.
a.
Protecting these elements involves actions like defending the faith, building hospitals,
providing education, and equitable distribution of wealth through Zakat.
b.
Consequences of Ignoring Preservations:
Neglecting these core preservations can lead to chaos (fasad) and loss in both this world and the
hereafter, disrupting societal order and welfare.

4. PROTECTION OF RELIGION
Shariah's primary purpose in Muslim life is to ensure religious security.
It separates genuine Muslim values and is tied directly to faith.
Emphasizes religious aspects within organizational contexts to avoid conflicts with
teachings and harm to beliefs.
Shariah maqasid hierarchy aims to free human minds and beliefs from superstition,
heresy, hypocrisy, ideology, and blind imitation.
Encourages belief in the One and Only God, Allah SWT, and adherence to pillars of faith
while avoiding shirk.
Islam forms the foundation of civilization and followers have a responsibility to defend it.
Islam is Allah SWT's religion and a favor for saving mankind from disasters.

5. Surah al-Ma’idah:3 emphasizes Islam's unique position as Allah SWT's religion.

6. ".... This day I have perfected for you your religion and completed My favour upon you and
have approved for you Islam as religion. But whoever is forced by severe hunger with no
inclination to sin - then indeed, Allah is Forgiving and Merciful".
Choosing Islam entails taking on duties, with leaving considered apostasy.
Islam establishes laws and punishments for apostasy to protect the faith.
In Malaysia, conserving religion (ad-din) involves safeguarding Islam as the Federal Religion.
Other religions can operate peacefully under the Federal Constitution.
Rulers have an obligation to prioritize the interests of religion.
Maintenance of Muslim religion is crucial, prioritizing loyalty to Allah SWT and His
Messenger, as well as allegiance to the leader.

7. PROTECTION OF LIFE
Maqasid Shariah aims to protect and preserve human life and body.
Islam prohibits behaviors threatening life and emphasizes personal safety.
Preservation of life includes maintaining dignity, brotherhood, social equality, justice,
security, good governance, poverty reduction, job creation, equitable distribution of income
and wealth, stable family life, social cohesion, crime reduction, peace, and stability.
Allah SWT is known as God Almighty the Wise, affirming the right to life for all beings.
Life is a gift from Allah, and no one can take it away.

8. Surah Al-Hijr:23 emphasizes the right to life according to Allah SWT.
"… And indeed, it is We who give life and cause death, and We are the Inheritor."

9. Right to live cannot be taken away without Allah SWT's consent.
Quran (Surah Al-Maidah:32) emphasizes this principle.

10. " For this reason, did we write to the Children of Israel (In Torah) that whoever kills a human
being for other than manslaughter or for mischief in the earth, it is as though he had killed all
mankind. And whoever saves the life of one, it shall be as if he had saved the life of all
mankind. And certainly, Our Messengers came to them with the clear proofs. But even after
that many of them certainly spent. Extravagantly in the earth”.
Government's responsibility to prevent unnecessary bloodshed.
Destruction of the country and loss of peace if lives aren't saved.
Killing without reason is illegal and a grave sin in Islam.
Suicide is forbidden as it contradicts Allah SWT's decision and authority.

11. PROTECTION OF INTELLECT
Definition of 'Aql:
'Aql is a human faculty that processes sensory information to gain knowledge, make moral
judgments, and control behavior. It differentiates humans from animals and among humans
themselves.
Anatomical and Spiritual Aspects:
The exact physical basis of 'Aql in the brain is unclear, though the Qur'an references several
terms that symbolize intellect ('naasiyat, lubb, qalb, nafs, fuad'). 'Aql also has a spiritual
component that is not fully defined by neurophysiology.
Role in Islamic Sharia:
Protecting and fostering 'Aql is a primary goal of Islamic law, reflecting its significance in
understanding divine commands and fulfilling religious duties.

12. Importance of Knowledge:
Islamic law stresses the importance of education in both religious and worldly matters,
advocating for lifelong learning to maintain and enhance intellectual capabilities.
Prohibitions to Protect Intellect:
To preserve mental clarity, Islamic law bans substances like alcohol that impair cognitive
functions.
Legal Protections for Intellectual Growth:
The law also guards against slander and deceit that can harm mental health, thereby fostering
an environment conducive to intellectual development.
Purpose of Protecting 'Aql:
These measures help develop a community that values intellectual growth, enabling individuals
to contribute positively to societal welfare and achieve personal spiritual growth.

13. PROTECTION OF LINEAGE
Definitions:
'Al-Nasab' refers to one's genealogy or ancestry tracing back from parents to great-
grandparents and beyond.
a.
'Al-Nasl' means descendants or offspring, including children, grandchildren, etc.b.
Importance of Lineage in Islamic Law:
Lineage is considered a fundamental human right.a.
It establishes legal and genetic relationships essential for defining family ties and
inheritance rights.
b.
Means of Determining Lineage:
Lineage is determined through consanguinity (blood relations), marriage, and fostering (milk
kinship).

14. Protection of Lineage:
Marriage is strongly advocated to maintain clear lineage; it prevents the complications of
tracing family roots that could arise from adultery or prostitution.
a.
Islam prohibits intimate relationships outside of marriage to ensure that all offspring are
legitimate and their lineage is clear.
b.

The Prophet said in one of his hadith, “Nikah (Marriage) is my Sunnah (Way). He who shuns my
Sunnah is not of me”.
Recognition of Descendants:
Acknowledging one’s descendants is crucial; it keeps the family line well-defined and avoids
disruptions to the lineage.
Cultural Practices in Marriage:
Unlike some cultures where a bride takes her husband's surname, Islamic law does not require a
woman to change her surname, maintaining her connection to her biological family.

15. Care for Vulnerable Children:
Caring for orphans and vulnerable children is highly valued, with specific
emphasis on preserving the child’s biological lineage.
Adoption that changes a child’s lineage identity is not permitted to ensure the
child’s ties to their biological parents are maintained.
There's a popular quote from the Holy Prophet Mohammad in Islam about this
right which says: “One of child's rights is that his/her father would not deny
his/her paternity”.
Theological and Prophetic Teachings:
Teachings from the Prophet Muhammad emphasize the rights of children,
including the right not to have their paternity denied and the virtues of caring for
orphans.

16. PROTECTION OF PROPERTY
Definition of "Al-Mal":
In Islam, "al-mal" refers to everything created by Allah specifically for humans, encompassing all
ownership rights and benefits.
Concept of Khilafah:
Humans are considered Allah's vicegerents and custodians of His wealth, responsible for
managing and protecting resources.
a.
As khalifah, humans must manage resources responsibly to avoid environmental
destruction, promoting Ihsan (mutual benevolence) and Adl (socioeconomic fairness).
b.
Classical Views on Property Preservation:
Imam Al-Juwayni and Imam Al-Ghazali: Emphasize protecting people's belongings from
thieves, with severe penalties such as hand-cutting for theft.
a.
Al-Shatibi: Focuses on outlawing unfairness, inefficiency, waste, and corruption.b.

17. Property protection means
Keeping the wealthy from going bankrupt and transferring assets to others without legal
approval and compensation.
Shariah's economic objectives:
rawaj (marketability), wuduh (transparency), hifdh (preservation), thabat (durability), and adl
(equity).
The protection of property is highlighted in the Qur'an, particularly in Surah An-Nisa' (4:29),
indicating its essential role in Maqasid al-Shari'ah.

18. The verse prohibits consuming others' wealth unjustly, ensuring rightful ownership
protection.
Human Desire for Ownership:
Islam acknowledges humans' natural urge to own and provides guidelines for acquiring, using,
and protecting wealth.
Levels of Property Preservation in Shariah:
Daruriyat: Emphasizes the basic availability and protection of property.a.
Hajiyyat: Focuses on the distribution of wealth to meet societal needs.b.
Tahsiniyyah: Promotes the investment and growth of property for societal improvement.c.
Wealth Growth and Redistribution:
By job creation, wealth development and redistributive systems.
Human Capital Development:
Emphasizing education, technical innovation, and work ethics to enhance national revenue and
economic growth.

19. EXAMPLE OF APPLICATION IN ISLAMIC
BANKING AND FINANCE IN
DHARURIYYAH
Hifz al-Mal:
Property protection is a key concept in Islamic banking and finance, based on Shariah law's
ethical and legal foundation.
Dharuriyah:
Necessities (Dharuriyah) significantly influence the implementation of Hifz al-Mal in Islamic
financial institutions.
Definition of Islamic Banking:
A banking system consistent with Islamic values, guided by Shariah law principles.
Core Principles of Islamic Banking:
Shariah compliance, contractual rights and oligations, and fairness and transparency

20. Primary Goal:
Encouraging economically productive activities and legitimate trade and business transactions.
Prohibited Activities:
Interest (Riba), gambling (Maisir), excessive ambiguity (Gharar) and unlawful practices.
Allah SWT prohibits interest in the Qur'an (An-Nisa’;161), emphasizing its prohibition in
Islamic finance.

21. Ownership Rights:
Islamic banks in Dharuriyah ensure customers' ownership rights are honored in all financial
transactions.
Principles Followed:
Musharakah (Partnership), Ijarah (Lease) and Mudarabah (Profit-Sharing)
Risk Reduction:
Shariah-compliant guarantees (kafalah) are used to reduce risk in certain transactions,
protecting financial interests.
Respecting Ownership:
Islamic banks protect clients' property rights while promoting collaboration and shared
responsibility.

22. Takaful:
Mutual Protection: Represents the idea of mutual protection and shared
accountability.
a.
Aligns with the goal of property protection by offering coverage against unforeseen
events like fire or natural disasters.
b.
Ethical Priorities:
Beyond Profit Maximization: Islamic financial organizations must prioritize social responsibility
and ethical behavior.
Support in Financial Emergencies:
Zakat Funds: Banks may aid through Zakat (obligatory almsgiving) to support those in
need.
a.
Charity Programs: Initiatives targeted at helping those in financial distress, fulfilling
social commitments while adhering to Hifz al-Mal principles.
b.

23. The principles are supported by the teachings of the Qur'an, such as in Surah Al Baqarah
(2:83).

24. The verse underscores the importance of Zakat in Islam, and it's considered a fundamental
practice for Muslims. Historical accounts, like Khalifah Abu Bakar's time, highlight its
significance, with people willingly paying Zakat.
Legislative Framework in Dharuriyah:
Well-Developed: Dharuriyah has a robust legislative framework and regulatory
environment for Islamic banking and finance.
a.
Protection of Rights: Binding agreements in financing, trade, and investment safeguard
the rights and property of all involved parties.
b.
Role of Regulatory Organizations: Regulatory bodies oversee Islamic banks to ensure
Shariah compliance and client protection.
Licensing and Regulation: Organizations license and regulate Islamic financial institutions,
enforce Shariah norms, and resolve disputes through Islamic arbitration systems.
Fostering Confidence: Dharuriyah's favorable legal framework fosters confidence and trust
in its Islamic banking sector, ensuring stability and reliability for clients and stakeholders.

25. CONCLUSION
Maqasid al-Shariah:
Acts as a guiding principle for Muslims, focusing on the main purposes and ideals that Shariah
seeks to fulfill beyond a set of laws.
Dharuriyyah:
Essential objectives of Maqasid al-Shariah, including the protection of life, religion, intellect,
lineage, and property, are vital for a just and balanced society.
Adaptive Approach:
Understanding Maqasid al-Shariah and Dharuriyyah enables Muslims to make decisions
consistent with the fundamental principles of their faith, promoting a dynamic and adaptive
approach to Islamic law.
Complete Framework:
Maqasid al-Shariah and Dharuriyyah provide a complete framework for interpreting and
applying Islamic law to promote human well-being, justice, and ethical behavior.

26. THANK YOU!