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.”
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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
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