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Friday 28 February 2020

FIVE FUNDAMENTAL OBJECTIVES OF ISLAMIC SHARIA LAW (MAQAASID ASH -SHARIA) BY IMAM YAHYA GARBA AL-YOLAWI

Imam Yahya Garba Al-Yolawi

THE SUMMARY OF 266 SERMON AT AREA 10 JUMA’AH MASJID ABUJA, BY YAHYA GARBA AL-YOLAWI, ON 28th /2/ 2020/ 4th RAJAB 1441AH

TOPIC:  FIVE FUNDAMENTAL OBJECTIVES OF ISLAMIC SHARIA LAW (MAQAASID ASH -SHARIA)

In the name of Allah, the Most Gracious the Most Merciful the Most Merciful Respected brothers and sisters in Islam, today’s sermon centered on:  five higher objectives of Islamic law (Maqaasid ash -sharia).

 Islamic sharia simply refers to those set of divine instructions, laws and commands given by Allah (SWT) through his messenger (SAW) to the whole mankind. Thus, every adult is regarded to be a Mukallaf (one who has the capacity to shoulder responsibilities and account for it); he is mainly created to comprehend and practice the sharia of Allah (SWT). 
In the course of doing so, he is liable to be punished in case of failing to fulfill the demand of shari'a. He would also be rewarded and blessed on complying with those instructions. Islamic sharia is laid down for the masaalih (common good, interest or benefits) of humanity in this world and in the hereafter. It is only Allah (SWT) the most High, who knows best of what His creatures need for their benefit, safety, security, peace, progress and social well-being. Therefore Islamic Laws were made to protect and achieve five main objectives in our live namely; (religion, lives, property. intellect and progeny), which are the basic and fundamental human rights in this world.
Imam Abu Hamid al-Ghazali has stated that “The Shari’ah’s purposes to the creation are five: to preserve their religion, their souls, their mind, their offsprings and their money. So, everything that includes preserving these five principles is considered a maslaha (interest). And everything that results in failure of these principles is a harm that should be fought and tuned to an interest. The prohibition of restraining these five principles has always been included in all religions injunction as Sharia comes for the interest of humankind.”

You can also read other lectures by  Imam Yahya Garba Al-Yolawi
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 FIVE HIGHER OBJECTIVES OF ISLAMIC LAW (MAQAASID ASH -SHARIA)

1 Preservation of Religion
Religion is the sum of beliefs, rituals and rules commanded by Allah SWT to regulate people's relationship to their Lord and relationships with other human beings. Islam intended through those provisions to establish basis of religion and install it in the people’s hearts as they follow it. Allah says: “And whoever desires other than Islam as religion - never will it be accepted from him, and he, in the Hereafter, will be among the losers.” (Q3:85). And “Surely the religion in the sight of Allah is Islam. And in no way did the ones to whom the Book was brought differ (among themselves) except even after the knowledge came to them, being inequitable among themselves. And whoever disbelieves in the signs of Allah, then surely Allah is swift at the reckoning.” (Q3: 19).

2 The Second Objective Of shari'a of Islam  Is  Protection Of  Life
Islam has devoted a significant amount of texts and teaching into establishing the preservation of one’s soul as the most fundamental principle of all. It is through life that Mankind is able to maintain or preserve all of Almighty’s provisions and principles. Therefore, Islam has not only protected the soul from being killed or wasted but also established a set of rules to ensure its welfare spiritually and humanly—that is to secure surviving needs such as food, marriage, shelter, drinks and clothing—as well as establishing rules that deny and forbid  all means of self’s distractions.
Allah Most High says: “And in no way is it for a believer to kill a believer, except it be by mistake; and whoever kills a believer by mistake must set free a believing slave, and present a blood money (Compensation) to [the deceased’s] family, unless they [charitably] remit it…..(Q 4:92)”
And says: “O you who believe! Retaliation (qiṣāṣ) is prescribed on you for the ones murdered; the freeman for the freeman, the slave for the slave, and the female for the female. But whoever is forgiven somewhat by his [slain] brother (i.e., his family), then adhering to with fairness and payment ( adāʾ) [of blood money] to him in kindness (iḥsān). That is an alleviation and mercy from your Lord, but whoever transgresses [the limits of Allah] after that, he shall receive a painful torment. (Q 2:178)
Also:“And do not kill the soul which Allah has forbade[to be killed] except by [legal] right. This has He instructed you that you may use reason.” (6:33)
 Allah says “Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely. Q;5.32
3 The Third Higher Objective Of Islam Is Preservation Of Mind/Intellect/ Mental Abilities
Allah the Most High has commanded us to preserve our minds and has forbid all the means to disable it through the toxicities, alcohols. That is Allah Almighty has granted and distinguished humans from all other creatures by the grace of the intellectual abilities, which means the ability to distinguish and making choices, and solving the difficulties faced in life. Allah has made humans, therefore, His successor on earth, and so they need to maintain the their mind, which is the basis of the discourse of the succession on earth.  Allah says: “So have they not traveled through the earth and have hearts by which to reason and ears by which to hear? For indeed, it is not eyes that are blinded, but blinded are the hearts which are within the breasts.” (22: 46) And:  And regarding forbidding what affects the mind or disables it, the intoxicants, Allah Almighty says: “O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah ], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.” (Q5:90)
4 The Fourth Higher Objective Of Islam Is The Preservation Of Lineage/Offspring  
For the sake of persevering human’s offspring, Shari’ah has legitimized marriage and reproduction, and for the sake of protecting it, Shari’ah has forbade adultery and assigned a legal punishment (had) for whoever commits it. Moreover, Shari’ah also assigned a legal punishment for whoever lies about or render someone guilty unjustly of committing it (had al-Qazf). This proves that in maintaining the lineage a necessity for the purity of offspring from any potential distortion or corruption by mixing it so one does not even know who are their parents or who are their own children. In Quran we find the forbiddance of adultery is stated clearly and firmly, Allah Most High says: “And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way. (17:32). And its punishment is stated in: “The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah , if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment.” (24:23)


5 The Fifth Higher Objective Of Islam: The Preservation Of Wealth
Shari’ah has commanded for the purpose of preserving human’s wealth the pursuit of earning a living and permitted transactions and exchanges and trade. Shari’ah also, for the sake of preserving wealth as well, forbid and placed punishments upon theft, deception, treason and consuming people’s wealth unjustly, in addition to discouraging the extravagance and squandering of money.
Money, as well as everything, belongs to Allah SWT, who has granted humans the status of successors on earth, and so they are commanded to preserve such grace not to waste it.
Allah Almighty says in Holy Qur’an: “And do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know [it is unlawful].” (2:188)
“And give to the orphans their properties and do not substitute the defective [of your own] for the good [of theirs]. And do not consume their properties into your own. Indeed, that is ever a great sin.” (4:2)
“Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, "Trade is [just] like interest." But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah. But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally
 therein.” (2:275)

Conclusion
The Islamic Shari’ah has thus established and reserved these five higher necessities and embodied them in all of its rulings, teachings and good-manners. Besides, Shari’ah has built a system of rulings to construct these objectives so that all that lead to them is permissible and all that opposes them are forbidden. Thus we see that all rituals are legislated for the preservation of religion; all norms (such as food, cloth, shelter, and drink) are legislated for the preservation of the life; all transactions are legislated for the preservation of wealth and lineage; and all punishments are legislated to prevent all harms and ward off that may occur on the way of achieving or fulfilling these higher objectives.

NB.  I will like to use this opportunity to appeal to the FG and entire Muslim Ummah particularly elites, on issues related to the constitutional rights and privileges of Islam and Muslims in Nigeria. Muslims are the majority in this nation but their religious rights are always on the receiving end gradually is becoming an orphan, starting with just postponed Hijab case of Firdausi Amasa and school of law, WAEC exams time table in prayers times, Hijab and prayers in NYSC Camp, NDA , Symbols of Red Cross and Hospital and other Agencies are not considering Muslims, their  prayers time and other religious injunctions in their activities as other religion is enjoying.
Finally, I am urging the muslim  ummah to learn from their predecessors and not exceed limits in whatever they are doing, be it is money, marriage, politics, office, power of your connections etc. as that can only harm you as the  perpetrator here and hereafter. May Allah protect us al against the deadly coronavirus as FG announced the 1st case  in Nigeria. May we all pray and take preventive measures both FG and the people. May Allah grant us peace in Nigeria. Ameen


You can also read other lectures by  Imam Yahya Garba Al-Yolawi
Click here to read  




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