From the Perspective of That Which Threatens al-Maal

Those things which threaten al-Maal are discouraged, prevented and prohibited. Some examples of how is achieved are as follows:

1) Prohibition of Usury (Ribaa)
Ribaa is translated as usury, a slightly archaic term that is not much used today; a more common translation is ‘interest’. Ribaa is an Arabic word coming from the verbal root ra-baa which literally means ‘to grow’ or ‘to increase.’ This is the linguistic meaning, but does it imply that any form of growth or increase is categorised as ribaa?

The short answer is no, and is clarifed in Surah al-Baqarah: “Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: “Trade is like usury,” but Allah hath permitted trade and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past; their case is for Allah (to judge); but those who repeat (the offence) are companions of the Fire: They will abide therein (for ever).” [Qur'an 2:275]

This verse refers to a group from Bani Isra’eel at the time of the Prophet Muhammad (s) who were attempting to blur the distinction between the usury and trade by saying that they were one and the same. In the above verse, Allah makes clear this distinction and concludes by mentioning the severe punishment for engaging in such financial transactions and attempting to justify them. An interesting point to note here is that this group of people were able to confuse the two and present them to others as the effectively the same thing, implying that the distinction may at times not be absolutely clear to all.

Even today, many Muslims find themselves unsure as to what the actual difference between ribaa and profit is. Even linguistically, in Arabic, the words sound similiar. As mentioned above the increase from a usurious loan or transaction is referred to as ribaa, and the increase from profit is termed ribh (which comes from the verbal root ra-bi-ha, meaning ‘to gain’ or ‘to win’). As believers in Allah and the Last Day, we must keep this distinction clear in our minds. There are very few things prohibited in Islam so absolutely and with such severity. In the verses following the one above, Allah declares war on those who engage in such transactions: “O ye who believe! Fear Allah, and give up what remains of your demand for usury, if ye are indeed believers. If ye do it not, Take notice of war from Allah and His Messenger. But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly.” [Qur'an 2:278-279]

In today’s world, the entire global banking system is based on the lending of money at interest, therefore to keep oneself safe from such a serious transgression is not always easy. The age we live in seems very much like the one foretold by the Prophet Muhammad (s) in a famous hadith: “There will certainly come a time for mankind when everyone will take ribaa and if he does not do so, its dust will reach him” [Related by Abu Dawud and Ibn Majah].

What exactly is the problem with ribaa though and how can we understand the distinction between profit and usury? Interest is defined as a set return on a loan, and as such implies a profit based on no risk or effort – a principle completely against Islamic ideals. Financial profit is a result of effort or risk (or both), and interest seeks to undermine the risk-based nature of trade. Furthermore, in many instances interest is exploitative – it is typically used as a means of deriving profit from the financially weaker members of society by a wealthy class in whose hands the lent money is concentrated. Further information regarding the wisdom behind the prohibition of ribaa can be found here, here and here.

The previous post looked at the development of Islamic Economics in recent years as an attempt to offer an alternative model of doing business. In the current global financial crisis (explained here in very simple terms) which has exemplified one of the core problems with a system based on usurious lending, some were hopeful that the nascent Islamic banking sector would provide a real ethical alternative. The reality however has proved difficult and some are questioning the path that this new field has taken.

2) Prohibition of Theft with its associated Punishment
Stealing is by consensus a capital crime in Islamic Law and the prescribed punishment is severe. Taking the belongings or wealth of others in any society is considered a crime; following on from our discussion in an earlier post, there are several “motivating forces” keeping us from committing wrong actions, such as stealing, the most basic of which is the fitra, or human disposition.

Whatever the factor preventing people from taking the property of others, the prohibition of such an act serves to protect that which belongs to others, namely their possessions and wealth (maal). The Qur’anic punishment for theft is the cutting of the hand of the thief. Allah says in Surah al-Ma’idah, “As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power” [Qur'an 5:38].

This may seem harsh, however one cannot forget firstly, the seriousness of the crime and also that its application is not without strict conditions. For example, the item stolen must satisfy the following conditions:

• Have a value greater than a pre-determined amount (analogous to nisab for Zakat)
• Be kept under lock and key such that the theft required an act of breaking and entering to acquire it
• Not be an item of food
• Not be taken in a case of necessity

In addition the thief committing the crime must also meet some criteria:

• Not be starving (i.e. stealing out of hunger)
• Be legally responsible (e.g. have reached the age of maturity and not be clinically insane)

The criterion of legal responsibility is looked at in more detail later when we look at Usool al-Fiqh (Principles of Islamic Law). Any act of taking an item not belonging to oneself is categorised as theft however unless the above conditions are met, the prescribed punishment of cutting the hand of the thief would not apply. In such cases the punishment would be at the discretion of the judge overseeing the case. Interestingly from the above is the condition that the item must be kept under lock and key. This means that the act of theft must be pre-meditated and require the thief to overcome the obstacle provided by the locked barrier protecting the item, so an opportunistic thief while still by definition a thief, is not in the same category as say, an armed robber.

Finally, the point about “lifting” the prescribed punishment if certain conditions are not met, while being more in the realm of Usool, deserves a mention here. The second caliph in Islamic history, Umar (ra), during a period of famine famously ordered a temporary suspension of the punishment for theft. This was due to the fact that as it was the State’s duty to provide for the needs of its citizens, in a time of famine where this responsibility was not being fulfilled, the State did not then have the right to punish them if they act out of desperation. A similar reasoning has been recently employed by Tariq Ramadan in his call for a moratorium on all Hadd punishments due to the high levels of injustice and corruption in lands where they are applied, a move which has courted much debate amongst scholars.

3) Legislation of Compensation in the event of Vandalism / Accidental or Criminal Damage
Another way by which the possessions and wealth (maal) of people are protected is by the paying of compensation in the case that the item is damaged or vandalised. This differs from theft where the item is physically taken; in the event of damage or vandalism, the item remains in the possession of its owner, however it is damaged thereby rendering its satisfactory use difficult or impossible.

In the simplest scenario, if one person was to damage any possession belonging to another, he or she would be liable to compensate the claimant for the loss incurred. Collectively this can be achieved through mutual or collaborative efforts, one modern manifestation of which is the concept of insurance which is defined as “the equitable transfer of the risk of a loss, from one entity to another, in exchange for a premium”.

There is disagreement amongst Islamic scholars as to the permissibility of such insurance, with some claiming that it is akin to gambling. Others maintain that there is nothing wrong with the concept per se, rather it is the particular form of application that makes it halal or haram.

4) Looking After The Wealth of Certain Categories of People
To protect wealth, i.e. to preserve it and prevent waste or squandering, at times it may be necessary to withhold monies and/or possessions from those persons who are deemed unable to manage their own financial affairs, even though they may be the rightful owners.

Allah says in Surah an-Nisa: “And do not give the foolish their wealth which is in your custody – those for whom Allah has put you in charge to maintain (look after) – and feed and clothe them from it, and speak kindly to them” [Qur'an, 4:5]

The “foolish” as translated in the above verse, in the Arabic is “Sufahaa” which is a plural word coming from the root verb sa-fi-ha, which means ‘to be foolish’ or ‘legally incompetent’ and applies to those people who in the eyes of the law are not deemed legally responsible. By extension this logic applies to children, those below the age of discernment. Legally their wealth can be held until such time that they demonstrate that they are able to manage their own affairs. An example where this could occur and indeed does even in Western society is in the case that a child inherits a large amount of money, but this is held and managed in a trust fund until they are old enough to take full ownership of it.

5) Prohibition of Extravagance / Spendthriftness and Wastefulness
Muslims are encouraged not to be excessive in their material consumption; to live in the world, taking from it what they need while at the same time maintaining their faith and upholding its principles. Allah says in the Qur’an: “O ye who believe! make not unlawful the good things which Allah hath made lawful for you, but commit no excess: for Allah loveth not those given to excess”. [Qur'an, 5:90]

This is different from traditional Christianity and some Sufi teachings in Islam where a complete rejection of the material world is called for, there is no monastic tradition in Islam. What is desired is a balanced approach, a mindset where we realise our role in this world as travellers on a journey. The Prophet Jesus (as) is reported to have said “The world is a bridge; cross this bridge but do not build upon it.” The Islamic tradition also echoes this and in numerous Qur’anic verses and sayings of the Prophet Muhammad (s) which advise us to have moderation in all things, be it food, clothing, building etc.

Allah says in Surah al-A’raaf: ““O children of Adam! Wear your beautiful apparel at every time and place of prayer: eat and drink: but waste not by excess, for Allah loves not the wasters.”“O children of Adam! Wear your beautiful apparel at every time and place of prayer: eat and drink: but waste not by excess, for Allah loves not the wasters.”” [Qur'an, 7:31] and in a famous hadith regarding excess in eating and drinking, the Prophet (s) said: “No human ever filled a container more evil than his belly. The few morsels needed to support his being shall suffice the son of Adam. But if there is no recourse then one third for his food, one third for his drink and one third for his breath”. [related byAhmad and Tirmidhi]

Interestingly however, no monetary limit is set on what defines the line between moderation and excess. It is relative to each society and age however there are some absolutes that are obvious to all. The overall wisdom in discouraging excess at a societal level is to minimise the gulf between the apparent lifestyles of the rich and poor, something that if not checked can lead to envy and an unhealthy class separation in a society. That is not to say that there will not always be those that are rich and those that are poor, but while acknowledging the reality, Islamic teachings focus on the rights and responsibilities of each group in an attempt to bridge that gap.

6) Prohibition of Hoarding and Miserliness
The opposite of the above is not to spend one’s wealth at all and this too is discouraged as something which does not circulate wealth in a society. It is interesting to note, that one may think that hoarding is the best way to protect wealth, however it is deemed a blameworthy quality as it does not realise the intended purpose of wealth, namely to circulate and benefit as many people as possible.

Allah says in the Qur’an regarding those who hoard and are miserly: “But as for him who is stingy and self-satisfied, and denies the Good, We will pave his way to Difficulty” [Qur'an, 92: 8-11]

It is important to note a subtle distinction between hoarding and miserliness. Miserliness is an attitude where one does not want to spend their wealth and hoarding is the act of physically concentrating wealth in the hands of a select few. Monopolising of resources, industry etc can also be seen as a type of hoarding as it concentrates the wealth and power in the hands of a few individuals in society, something that the Shari’ah deems undesirable for a healthy society.

Conclusion
Wealth and possessions (maal) are considered to be of the darooriyaat and as such their protection is from the maqasid of the Shari’ah. We have seen ways in which wealth is grown and spread around an economy with the aim of benefiting all its members and ways in which the maintenance and permissible growth of wealth is encourage and legislated for.

The next post will conclude our discussion of the darooriyaat where we will be looking at the concept of Freedom in Islam (Hurriyya) and how its protection is also one of the Maqasid al-Shari’ah.

Our discussion will be split over two posts and as previously, will focus on that which maintains and protects wealth and how this is legislated and encouraged as well as that which threatens wealth and how this is outlawed and discouraged.

From the Perspective of That Which Maintains al-Maal
Those things which help preserve and maintain al-Maal are encouraged, promoted and obligated. Some examples of these are as follows:

1) Encouragement of Trade (Tijara) and Investment (Istithmaar)
In the Islamic worldview, wealth, property and material possessions are considered one of the blessings of God. One of Allah’s most magnificent attributes is that He is al-Razzaq (The Provider) and everything that we may have in our possession is ultimately from Him. Anything we have is therefore only ours for the short period of our lives and the test we face is what we do with what we have been provided with by al-Razzaq. As with all blessings, the Day of Judgement will be Yawm al-Hisaab (The Day of Account), when our use of God’s blessings will be analysed and judged.

As members of a society, or indeed the world, we all have different resources, skills and abilities which we need to utilise and exchange in order to satisfy our varied needs and wants. Over time, from the days of bartering to the exchanging of gold pieces and coins, money has become the standard means by which goods are bought and sold and the needs of everyone in society can be met.

In order to keep an economy flourishing, this money needs to be kept in circulation, passing from the hands of those who have it to those who need it, in exchange for goods, services or profit. Trade (Tijara) and investment (Istithmaar) are two ways that this circulation is maintained.

Over time, however paper money (of no intrinsic value) has come to replace the exchange of gold and silver, as well as other commodities. Whereas initially this paper money was a convenient replacement for having to carry around gold and silver on one’s person, nowadays there is no mandatory requirement for it to be backed by any real wealth. This is termed FIAT money and a simple introduction on its role in the economy can be found here. Some have commented that this reliance on paper money is one of the main factors behind the current crisis and more generally the frailty of the global economic model. 

Returning to our discussion of the circulation of wealth through an economy, its antithesis is hoarding and monopolisation which is prohibited in Islam. While a detailed discussion on economics is beyond the scope of this post, the difference between trade and investment can be understood simply as follows. Trade refers to a direct exchange of goods and services, by bartering or by a medium of exchange, i.e. money. Investment on the other hand refers to the taking of risk for the hope of some future gain, whether this be through the production of goods for use or sale or the lending of money for a share of the profits returned. The Arabic word ‘istithmaar’ comes from a root meaning ‘to bear fruit’ and literally means ‘to utilise’ and ‘to return profit’. This meaning directly supports the nature of investment, the taking of risk for a increased return at some point in the future. On this point, there is an important distinction to be made here between the “lending” of money for a share in a business and the lending of money for interest. The latter is explicitly forbidden by the Shari’ah and is looked at in more detail in part 2.

While allowing trade and investment, this permissiblity is not absolute and there are guidelines governing the nature of investments, the formation of contracts etc. The application of this is the realm of Islamic Economics and Finance and has recently become an area of phenomenal area of growth. Having said that, this field is not without controversy, with some saying that Islamic Finance is merely plugging into the current system and adapting to the status quo rather than challenging the unjust principles on which it is based.

2) Permissibility of Private Ownership (Milkiyya Khaassa)
Islamic principles of economics allow for individuals to acquire and own their own private property. The Shari’ah acknowledges the very human desire to enjoy the fruits of one’s labour and this is appreciated and respected. This is in sharp contrast to Communism where the very notion of private ownership was challenged as being at the root of class inequality in a society. At the opposite spectrum to Communism is a purely Capitalist model where the means of production are distributed in a market economy. While in principle there is nothing wrong with this idea, the guiding principles of the Shari’ah are not completely in line with capitalism either. In line with what was mentioned above, the concept of private ownership in the Islamic worldview is radically different in that it is deemed to be temporal and ultimately a trust from God for the duration of our lives. In addition there are many checks and balances to ensure that while entrepreneurism is encouraged, wealth is not hoarded and the means of production are not monopolised.

Communism can be thought of as a heavy-handed reaction to the very real problems posed by a purely Capitalist economic system. One common misunderstanding is that Islam has it’s own economic “system,” a ready-made ideology which is sits in contrast to others. In the Qur’an and Prophetic Sunnah, there are guidelines and rules which serve the overall maqasid of promoting justice and equality and protecting wealth. While some of the guidelines are clearly opposed to both Communism and Capitalism, any system which adheres to the principles laid down in Islamic Law can be considered “Islamic.”

3) Charity (Sadaqah)
It may seem strange to include charity in our discussion but it is an essential part of Islamic economics and indeed the Islamic faith. Zakat is one of the five pillars of Islamic practice and mandatory on every Muslim who possesses wealth above a predetermined threshold called the nisab. In addition to this charity (sadaqah) is strongly recommended and encouraged as a means of gaining the pleasure of God and at the same time helping those less fortunate. As everything is a trust from God, we are only giving out from He has bestowed upon us. The Qur’an strongly emphasises the giving of charity as one of the characteristics of a true believer: “For, Believers are those who, when Allah is mentioned, feel a tremor in their hearts, and when they hear His signs rehearsed, find their faith strengthened, and put (all) their trust in their Lord; Who establish regular prayers and spend (freely) out of the gifts We have given them for sustenance: Such in truth are the believers: they have grades of dignity with their Lord, and forgiveness, and generous sustenance.” [Qur'an 8:2-4]

Charity therefore, is another way in which money can be kept circulating, getting to those that need it most, the annual collection and transfer of the 2.5% Zakat is evidence of this. There is a famous narration of the Prophet (s) where he said, “Charity does not decrease wealth” [Muslim]. This hadith is usually taken to mean that by giving charity, Allah will bless your wealth and give you more through other means; a perfectly valid explanation which is understood from the following Qur’anic verse, “The parable of those who spend their substance in the way of God is that of a grain of corn: it groweth seven ears, and each ear Hath a hundred grains. God giveth manifold increase to whom He pleaseth: And God careth for all and He knoweth all things.” [Qur'an 2: 261]

However, one of my teachers explained this is a slightly different way which I thought was quite unique and fascinating. He said that in any society those with the highest propensity to spend are the poor. For example if you were to give £1 to a rich person, he is most likely to put it in his pocket for later, whereas if you give the same £1 to a poor person, as they have more immediate and pressing needs, they are likely to spend it shortly after. And as they are poor they are more likely to purchase whatever they have bought, food for example, from a similarly poor person, who will in turn also go and spend that same £1 in the same way. So that single pound is effectively £3 when in the hands of poor people, whereas in the pocket of the rich person, it’s still £1. Therefore the giving of that £1 has not reduced wealth, rather it has increased it, in the sense of reward from Allah and also in a more material sense.

Conclusion
This concludes our discussion on the Protection of Wealth from the perspective of that which maintains and strengthens al-Maal. The next post will Insha Allah complete our discussion on Hifdh al-Maal by looking at those things which threaten its presence and how they are discouraged and prohibited.

Definition of Lineage (al-Nasab and al-Nasl)
al-Nasab is a noun formed from the Arabic verbal root nasaba which means ‘to relate‘, ‘to trace ancestry‘ or ‘to attribute‘. In our context, al-Nasb means ‘geneology‘ or ‘extraction‘ and refers to one’s ancestors, from parents to grandparents, great grandparents and so on.

al-Nasl is also a noun, formed from the Arabic verbal root nasala meaning ‘to procreate‘, ‘to sire‘ and ‘to beget‘. It means means ‘descendents‘, ‘offspring‘ and ‘progeny‘ and refers to the opposite of al-Nasab, i.e. one’s descendants, from children to grandchildren and so on.

The English term ‘lineage‘ carries the meaning both an-Nasab and al-Nasl and is effectively all those people in one’s family geneology. The protection of the line itself is the intended meaning when we say Hifdh al-Nasb or Hifdh al-Nasl, i.e. Protection of Lineage as the protection of the lives of people in this line is covered by the maqsad Hifdh al-Nafs, i.e. Protection of Life.

From the Perspective of That Which Maintains al-Nasab and al-Nasl
Those things which help preserve al-Nasab and al-Nasl are encouraged, promoted and obligated. Some examples of these are as follows:

1) Prescription of Marriage with its Associated Conditions
The Prophet said in a hadith, “Nikah (Marriage) is my Sunnah (Way). He who shuns my Sunnah is not of me” [Related by Muslim]. The union of marriage is strongly recommended in the Islamic faith. As intimate relationships outside marriage are not permitted it is the only legitimate means for one to seek sexual fulfilment and also to have children. Despite the strong recommendation and encouragement to get married, it is not by default obligatory, the actual ruling depends on the individual circumstances of a person.

Marriage is the foundation of of any society upon which families are built and children brought into the world. It is the therefore the essential component in building and maintaining lineage, therefore it is important that when one decides to get married, the process is conducted correctly and in accordance with the associated conditions which include: the proposal by one party, its acceptance by the other, a guardian (wali) for the bride, the mahr (agreed gift made to bride by bridegroom), presence of two male witnesses and a public announcement.

These conditions allow the new union to start off from a stable base, they protect the interests of both parties, in particular those of the bride who is generally considered to be the more vulnerable party in the contract.

2) Recognition and Acknowledgment of One’s Descendents
Recognising and giving due respect to where one comes from is considered to be of great importance in Islam. This may seem obvious but it has potential implications in the areas of marriage, adoption and for those wishing to accept Islam. The aim is to keep the family line unambiguously defined and thus anything which can upset this is discouraged or prohibited.

Regarding marriage, whereas in Christian tradition the bride usually adopts the family name of her husband, in Islamic Law, there is no requirement for her to do so, thus maintaining the link with her parents and ascendants.

Caring for underprivileged children, in particular orphans is one of the most rewardable acts one can do, and fostering is also highly recommended. The Prophet Muhammad (s) is reported to have said, “When a person puts his hand of compassion on the head of an orphan, for every hair of that orphan he will receive a blessing from Allah” [Related by Ahmad]. The only issue that arises in the care of children is that of adoption, i.e. legally changing the child’s name and taking him or her so that they effectively become your own child. This is prohibited in Islam as it is important that a child’s link to their biological parents is maintained. Other legal implications of this are that a child who is not biologically yours is not allocated a share in inheritence and also he or she does not automatically become one of your mahaarim (people to whom marriage is forbidden and the rulings of hijab do not apply).

Finally, for those who convert to the religion of Islam, it is also not required for one to change their name to an “Islamic” or Arabic name, although many choose to do so. In particular regarding the family name it is recommended that one keep their last name as a way of recognising their family and lineage. During the time of the Prophet (s), as people converted to the new faith, the only instance names were changed was if someone had a name carrying a bad meaning, for example linked to idolatry. Otherwise it was not deemed necessary and the Companions were still known by the names of their fathers, many of whom had died as non-Muslims and were enemies of the Prophet (s), e.g. Ikrimah ibn Abi Jahl.

From the Perspective of That Which Threatens al-Nasab and al-Nasl
Those things which threaten al-Nasab and al-Nasl are discouraged, prevented and prohibited. Some examples of how is achieved are as follows:

1) Prohibition and Punishment of Zina (Fornication and Adultery)
The Arabic term Zina is used to describe all extra-marital sexual relations whether prior to marriage or while being married, i.e. fornication and adultery. Both are of grave seriousness in Islam and zina is therefore categorised as one of the major sins (kabaa’ir). In the Qur’an we are warned, “And come not near to unlawful sexual intercourse. Verily, it is a shameful deed and an evil way.” [Qur'an 17:32]

The prohibition of zina is absolute and without exception. It is an act that attacks the foundational unit of society, the family, and also results in the birth of children outside of marriage. In the UK for example, in 2004 the proportion of births outside wedlock was 40%, a staggering figure which is predicted to rise. It is the aim of the Shari’ah to protect against such chaos and against the damage to the family unit caused directly by adulterous relationships and also indirectly due to the stigma attached to adultery and fornication.

Due to the seriousness of zina, the prescribed punishments (hudood) in the Shari’ah are also strict. In addition to punishing an offender they serve as a deterrent to others. These punishments are the topic of much debate today with some voices describing them as overly harsh or outdated. Much of this is due to misunderstanding on the part of Muslims and non-Muslims and due to some states applying them incorrectly. Having said that, the punishment for fornication (zina of unmarried person) is prescribed explicitly in the Qur’an so is part and parcel of the Shari’ah: “The woman and the man guilty of adultery or fornication, flog each of them with a hundred stripes. Let not compassion move you in their case, in a matter prescribed by Allah, if you believe in Allah and the Last Day, and let a party of the Believers witness their punishment” [Qur'an 24:2]. The punishment for the zina of a married person (muhsan) is outlined in the second source of Islamic Law, the ahadith of the Prophet Muhammad (s) where the prescribed punishment is stoning.

Although the punishments may be severe, so too is the crime. The conditions for their application are also quite stringent. For one to be punished in this way for the crime of zina, there must be four witnesses who see with their own eyes the act of penetration or an admission from the guilty party. Any evidence less than this is inadmissable and would not lead to the application of these punishments. Furthermore someone who falsely accuses someone of zina is himself subject to punishment in the eyes of the law. This standard of proof has led some to comment that the intended purpose behind these punishments is actually for a public order crime as the State is not charged with spying on what people do in their own homes or in private.

Many scholars have even held the view that pregnancy is not to be considered sufficient evidence of adultery or fornication. This is drawn from the well known saying of the Prophet Muhammad (s), “Drop the hadood in all cases of doubt” [Related by Tirmidhi] i.e. if there is any doubt whatsoever, then the hadd punishment is not to be applied. This is similar to the concept of ‘reasonable doubt’ in Western legal systems and to illustrate this point, my teacher mentioned that even if an unmarried man and woman were found in bed together, unless the act of penetration was witnessed by four people, there would be insufficient evidence to try them for the crime of zina. Of course being in that situation itself is prohibited and the punishment to be applied would be at the judge’s discretion.

2) Prohibition of Illicit Intermingling of the Sexes
Intermingling or mixing between the sexes in Islam is not prohibited for its own sake, rather there is a reason (‘illah), the concern that it may lead to other sins such as zina. This is based on the juristic principle “That which leads to haram is also haram” and is the basis of one of the sources of Islamic Law, “Saddan li-Dharaa’i” which literally means “Blocking the Means” (i.e. to haram).

In the area of gender relations this has been interpreted differently by different scholars and this in part depends on the particular situation they are presented with. On the whole however, we can say that those situations which can lead to the possibility of zina are the intended meaning when we say ‘illicit intermingling‘. Examples of such situations are being alone with opposite sex, intimate conversations, dating, inappropriate gatherings etc. The day to day interactions which are necessary in society are not intended here as this concern does not arise.

Even in these normative interactions however Islam teaches us etiquettes on how men and women should behave around one another. These etiquettes are summaried in the Qur’anic verse which says, “Tell the believing men to lower their gaze and be modest. That is purer for them. Lo! Allah is aware of what they do. And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms…” [Qur'an 24:30-31]

3) Prohibition of Abortion and Infanticide
Under Islamic Law, abortion is tantamount to murder as even before birth, a foetus is considered to be a soul with rights needing protection. From this perspective, this life even while inside its mother’s womb is protected under the maqsad Hifdh al-Nafs.

However the prohibition of abortion also serves to protect one’s lineage as one’s children are the direct continuation of one’s family line and so protecting them automatically protects one’s nasl (descendents). The actual jurisprudence regarding abortion requires further elaboration and more information can be found here and here.

For similiar reasons infanticide is also haram. Although this too is murder it was singled out by the Qur’an as it was a henious practice of some tribes in pre-Islamic Arabia, particularly with regards to daughters. The Qur’an addresses this in several places, one of which focuses on killing children due to fear of poverty. “Kill not your children for fear of want: We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin.” [Qur'an 17:31]

4) Prohibition of Insulting the Dead or the Living
Linked to recognising and respecting one’s descendents is the prohibition of insulting or speaking ill of others, whether they be living or dead. The reason behind this is that by doing so, one hurts the feelings of others and can damage the reputations of individuals and families which can directly or indirectly affect the social standing of a particular family name. This is linked to Hifdh al-’Ird (Protection of Honour) as one’s reputation is also a matter of honour.

Whether what is spread about someone is true or false, the prohibition remains. If the tale is true, it is called gheeba (backbiting) and if false it is considered to be slander. The Qur’an speaks very strongly against this, “O you who believe! Avoid much suspicion, in deeds some suspicions are sins. And spy not neither backbite one another. Would one of you like to eat the flesh of his dead brother? You would hate it. And fear God, verily, God is the one who accepts repentance, Most Merciful” [Qur'an 49: 12]. And rather than speak ill off people behind their back, we are encouraged to hide their faults. In a famous hadith, the Prophet Muhammad (s) is reported to have said: “ …if anyone conceals the faults of a Muslim, Allah will conceal his faults in this world and the next…” [Related by Muslim]

This prohibition includes all persons, living or dead. If a living person is insulted, it can upset them or their family, to which of course they can retaliate but which will only serve to increase the ill feeling in society between people. However, insulting or spreading untruths about some who is deceased serves only to damage that person’s reputation to which they cannot respond and aggrieves his living decendants.

A narration from the time of the Prophet Muhammad (s) illustrates this beautifully. After the companion (Sahabi) Ikrimah ibn Abi Jahl accepted Islam, even though his late father was one of the arch enemies of Islam, the Prophet forbade the other companions from speaking ill of him as it would only hurt the feelings of his son Ikrimah.

Conclusion
One’s lineage and family are classified as one of the darooriyaat in Islamic Law and their protection is one of the prime maqasid of the Shari’ah. This is achieved by promoting marriage and encouraging that we respect and acknowledge where we have come from.

Additionally those things which strike at the heart of the family unit and upset the ability to distinguish between lineages, such as adultery and fornication are strongly forbidden and severely punished. Those things which can lead to this are also prohibited as are the killing of one’s own descendents either by way of abortion or infanticide. Finally in what is connected to Hifdh al-’Ird, it is not permitted to insult or speak ill of people, living or dead.

The next post will Insha Allah look at the penultimate in our list of darooriyaat, al-Maal (Wealth) and how it is protected and preserved by the Shari’ah.

From the Perspective of That Which Threatens al-’Aql
We mentioned earlier that role of the intellect is twofold, personal reflection and collective thought and planning. Anything which threatens al-’Aql is discouraged, prevented and prohibited. Examples of how this is achieved are as follows:

1) Absolute Prohibition of Alcohol, Drugs and Intoxicants
Although the word used in the Qur’an [5:90] khamr, refers specifically to wine, all alcoholic drinks are prohibited in Islamic Law, as are all intoxicating substances. When the Qur’an was revealed wine was the prevalent alcoholic beverage being consumed, so this was addressed specifically. By referring to several Prophetic sayings and using Legal Analogy (Qiyaas) scholars (‘Ulema) are able to extend the ruling to any type of intoxicant, including drugs.

This generalisation is captured in the words of the Prophet (s) who is reported to have said: “Every intoxicant is khamr, and every khamr is prohibited” [Related by Muslim] and furthermore, outlining a broad definition of khamr he (s) said, “Khamr is that which befogs the mind.” [Related by Bukhari]

From this we can understand exactly what khamr is and the reason why it is haram (prohibited). When defining the intellect in the previous post, one of the definitions presented was “a mind’s ability to apply knowledge to a problem-solving situation.” Of course if someone is drunk, this ability is temporarily suspended and they are no longer in control of their actions.

A rebuttal to this can be made by saying that if one drinks a single drop of wine, they are not going to end up in a drunken stupor. That’s obviously true, but this goes back to our discussion in MS06 where we presented the concept of a maqsad dhanni (supposed objective). Saying that the only reason alcohol is prohibited is to protect the intellect is tenuous, which is why we say the objective here is dhanni not qat’ee (certain). Furthermore, as our first mode of understanding the Shari’ah is as “dos“‘ and “don’ts” which all Muslims are obliged to follow, this matter is clarified by the following hadith which also gives us one of the general principles of Islamic Law, “Of that which intoxicates in a large amount, a small amount is prohibited” [Related by Abu Dawud and Tirmidhi].

The prohibition of alcohol in Islam is absolute, rather than just being limited to drinking, the prohbition extends to production, selling, buying, transportation etc, namely all those things which support and maintain its presence in society.

The Prophet Muhammad (s) outlined the comprehensive nature of the Islamic stance on alcohol, “Truly Allah has cursed khamr and has cursed the one who produces it, the one for whom it is produced, the one who drinks it, the one who serves it, the one who carries it, the one for whom it is carried, the one who sells it, the one who earns from the sale of it the one who buys it, and the one for whom it is bought.“ [Related by Tirmidhi and Ibn Majah]

As something deemed harmful to the very fabric of society, the laws of the Shari’ah are designed to sever it from the root, in an albeit gradual way, from a financial and economic perspective as outlined in the previous hadith as well as well from a social perspective so that it is considered to be something taboo. On this point, in another hadith the Prophet (s) said: Whoever believes in Allah and the Last Day must not sit at a table at which khamr is consumed” [Related by Ahmad and Tirmidhi]. This last issue is one of some confusion and occasionally causes feelings of discomfort amongst Muslims and non-Muslims in Western societies particularly in the workplace where the majority of social activities revolve around the consumption of alcohol.

Due to the practical nature of Islamic Law and God’s intimate knowledge of our innermost desires, the Qur’an does not deny the perceived “benefit” in drinking alcohol, namely the pleasant feeling of relaxing one’s inhibitions. However as beings blessed with the faculty of discernment we are able to weigh up any benefit against the associated harm. Shocking crime statistics as well as the negative impact on one’s health should lead any rational person to conclude that the harm does indeed outweigh the benefit. This very issue is related in the Qur’an: “They ask you concerning wine and gambling. ‘Say: ‘In them is great sin, and some benefit, for men; but the sin is greater than the benefit.’” [Qur'an 2:219]. This verse was revealed before the one mentioned earlier [5:90] which indicates the gradual prohibition of alcohol and the Islamic approach to social change, a fascinating subject in itself, which Insha Allah we will revisit as part of Uloom al-Qur’an.

Although we’ve focused here on alcohol, everything that has been said can be applied to any intoxicating substance, whether it be soft drugs such as marijuana, or hard drugs such as heroine, cocaine etc. no distinction is made. IslamOnline has a good general article on the Islamic stance on drugs and intoxicants here.

2) Prohibition of Harmful Thoughts and Ideas
How can thoughts and ideas threaten our intellect? Previously we discussed the reasons why God blessed us with the faculty of intelligence and that there is a specific role intended for its use. Anything which takes us away from this is deemed a threat and discouraged.

On an individual level we said that one is invited to contemplate on the signs of creation and by this process of reflection, come to know their Lord. As our intellects are inherently limited and dependent on our senses, their use is constrained to reflecting on the creation of God and not about God Himself. As it reaches us from the Prophet (s), “Contemplate upon what Allah has created, and do not contemplate upon Allah, for you will never be able to conceive Him” and in a verse of the Qur’an it states: “There is nothing whatsoever comparable to Him.” [Qur'an 42:11]

As we can never comprehend the person of God, we are not permitted to enter into debates about His Being. It is on this point that some sects in Islamic history erred. This was in some part due to influence from Hellenic philosophy and in some areas this negatively affected the Islamic belief in the Divine. There is never any benefit to be gained by asking questions such as where exactly God is, what He looks like etc. Islamic scholars used to say in response to this, that before asking such questions, realise who you are in relation to God, i.e. a small speck on a miniscule planet in a tiny corner of the universe created by the Supreme Being. As the intellect is the means by which we come to recognise our Creator, the prohibition on such pursuits frees up our minds to focus on what is of benefit both for ourselves and others.

In matters of religion and our dealings with others, there are also areas in which it is not permitted to enter debate and reflection. Recall that the second role of the intellect was to think of and develop ways how we can live our religious and wordly lives as best as possible. If we are saying that we are reflecting on the actual nature of the Religion and whether it and its rulings are needed / relevant / incorrect, then this is prohibited as it is not the intended use of the intellect. The areas we mentioned in the previous post were concerned with working out the best way to apply it in our lives today and not whether parts of it’s core principles need to be changed. Reflection and thought are permissible in the methods by which we can arrive at the best application of the Religion and its laws (Kayfiya) though not in the core substance of the Religion itself (Maahiya).

This may sound harsh but it is in accordance with the intellect’s intended use and is the manifestation of the synergy between faith and reason (Naql and ‘Aql). This is succinctly summarised in the famous saying of one of the Islamic philosophers, “al-Insaanu Hurrun fi ‘Aalam il-Quyood” which translates as “Man is free in a world of chains.” This is not just an Islamic observation, the same point was made by the French Enlightenment philosopher, Jean-Jacques Rousseu, who noted, “Man is born free, but everywhere he is in chains.“

Conclusion
The intellect or ‘Aql is the means by which we know our Lord and by use of which, a successful human society can be built. It is the unique blessing that separates us from animals and its protection is one of the most important of Islamic objectives.

This protection is achieved by strengthening the intellect through education and using its faculties to improve the lives of humanity in both religious and world spheres. Anything which threatens the intellect, whether temporarily, such as intoxicants or more long term such as ignorance, harmful thoughts and ideas are prohibited.

The next post will Insha Allah look at the next in our list of darooriyaat, al-Nasb (Lineage) and how it is protected and preserved by the Shari’ah.

Definition of al-’Aql
The Arabic word ‘Aql comes from the root verb (‘a-qa-la) which has several meanings including ‘to detain‘, ‘to arrest‘, ‘to comprehend‘ and ‘to have intelligence‘. In our context the noun ‘Aql carries the meaning of ‘intellect‘, ‘discernment‘ and ‘intelligence‘.

As we mentioned in the previous post, God has ennobled all human beings and by our very nature we enjoy a unique position in Creation. “And indeed, We have honoured the Children of Adam” [Qur'an 17:70]. The one unique thing that differentiates us from animals and thus gives us a position of both authority and responsibilty on earth is the power of reasoning and discernment, i.e. the faculty of intellect. Such a precious God given blessing needs protection and this is therefore one of the Maqasid al-Shari’ah.

Before we can understand how the Shari’ah achieves its protection of intellect, it is important to understand exactly what the intellect is and what its role and purpose is in our lives. Firstly our intellect is not a physical part of our bodies, rather it is a combination of faculties that gives us the ability to reason, to plan, to think abstractly and to learn. There are several defintions available for what exactly constitutes the intellect, or intelligence, some of which are; “a mind’s ability to apply knowledge to a problem-solving situation”, “innate general cognitive ability” and “goal directed adaptive behaviour”.

The Role of Intellect
Why did God honour us with this unique blessing and what did He intend for its use? We can think of its purpose as twofold and it can be divided as follows:

1. Reflection: To recognise and reflect on the signs around us to arrive at the Truth
2. Thought and Planning: To think and plan how to live our religious and wordly lives in the best way possible

The first purpose is general and required of each and every one of us whereas the second is more of a collective effort where the common good is sought. We will look at these points from both the perspective of that which maintains intellect and that which threatens it (in the next post).

From the Perspective of That Which Maintains al-’Aql
Those things which help preserve al-’Aql and help us achieve both its purposes are encouraged, promoted and obligated. Some examples of these are as follows:

1) The Obligation of Learning
As the strength of our intellect is dependent on previously held knowledge and experiences, it goes without saying that the more one has recall of, their ability for abstraction and problem solving will be that much greater. Therefore learning and education is one of the most obvious ways that al-’Aql can be preserved and strengthened.

We have already seen the importance of seeking knowledge in MS09.1 when we were looking at Hifdh al-Deen and although no distinction was made, as the objective being presented was protection of religion, the focus was obviously more on religious knowledge. Here however, as the objective is the protection and strengthening of intellect in order to achieve the purposes stated above, any learning which helps us fulfil this is mandated.

The Islamic approach to education is very clear, in numerous ahadith (plural of hadith) the Prophet Muhammad (s) outlined the importance of learning and its central role in the faith, “The search of knowledge is an obligation laid on every Muslim” [Related by Ibn Majah and Bayhaqi]. Also the pursuit of knowledge is linked to reward in the hereafter, “If anyone pursues a path in search of knowledge Allah will thereby make easy for him a path to paradise” [Related by Muslim].

The Qur’an itself from the outset placed learning high up on the agenda. The first word revealed to the Prophet Muhammad (s) by the angel Gabriel (Jibreel in Arabic) was the imperative “Iqra” which means “Read.” From this first encounter and throughout the Prophetic mission we see the great importance assigned to knowledge and learning which enabled the Muslim Ummah to advance in all major fields of science and learning at an astounding pace and within a relatively short space of time. Reflecting on the current state of affairs, the Muslim Ummah is in desperate need of reviving this tradition as illiteracy is widespread and standards of education are woefully lacking. We need a return to the sources to rediscover how faith and learning have always gone hand in hand.

By gaining knowledge, one strengthens their ability to appreciate and understand the world around them, which is a basis upon which the obligation of reflection and planning (tafkeer) is founded. Several verses in the Qur’an allude to the role knowledge plays in this. “…Say: Are those who are knowledgeable equal to those who are not knowledgeable?…” [Qur'an 39:9] and “…The knowledgeable among His servants truly fear God…” [Qur'an 35.28]

2) Obligation of Planning and Reflection
Earlier we defined al-’Aql and what its main purposes were, namely reflection and planning. We can summarise both of these by using the Arabic verbal noun tafkeer which comes from the verbal root, fakkara meaning ‘to ponder‘, ‘to speculate‘ and ‘to consider‘. During the course of my studies, my teacher strongly emphasised the importance of tafkeer, describing it as a ‘forgotten obligation.’

Recognition of the Truth
In the world around us, there are two types of reality. One which we can see and experience and one which we cannot, i.e. the Unseen realm (ghayb). Although none of us can see God, He has given us countless signs throughout creation which we encounter in our daily lives using our senses, and the first role of the intellect is this to ponder on these signs. The Qur’an invites us to reflect on them as they and come to the realisation that life is far from being random, rather it is by the design of an All-Wise Creator

“Behold! In the creation of the heavens and the earth, and the alternation of night and day, there are indeed signs for men of understanding. Men who celebrate the praises of Allah, standing, sitting, and lying down on their sides, and contemplate the (wonders of) creation in the heavens and the earth, (saying): “Our Lord! not for naught Hast Thou created (all) this! Glory to Thee! Give us salvation from the penalty of the Fire.” [Qur'an 3:190-191]

The fundamental question that has faced every human being in history is what is the purpose of life? By realising that we have been placed here by a Creator, the next step in finding the answer to this question is where revelation comes in, communicating to us the Will of the Divine.

Planning for the Common Good
Recognising our place in the world and understanding our relationship with our Creator is the fundamental building block on which a sound and complete human existence can be developed. Once a framework of belief is established we can consider the second role of tafkeer. This has a wider remit in that whereas the first purpose of the intellect is discovering our relationship with our Maker, the second purpose is to think and plan so that we can live both our religious and worldly lives in the best way possible.

The Prophet Muhammad (s) said in a famous hadith, “Allah has ordained excellence in everything…” [Related by Muslim]. Whenever a Muslim does anything he or she should be motivated by these words and in whatever sphere of life, our Creator expects us to do our best.

In matters of religion this is a call to individuals, scholars and the community as a whole to understand and practice their faith in the best and most complete way. This includes all of our acts of worship, our dealings with others etc. We can illustrate this point by way of a simple example. Zakat, one of the pillars of Islam, requires every Muslim (with the financial means) to pay 2.5% of his or her wealth annually to those in need. The world over, year on year, millions of Muslims pay their zakat to the poor, yet the number of poor and needy people seems to be continually increasing. If zakat was correctly understood as being a social endeavour rather than as simply an individual act of worship and hence planned and organised it would be far more effective. For further reading on the topic of Zakat, Shaykh Yusuf al-Qaradawi‘s monumental Fiqh al-Zakat is a great example of tafkeer, of scholars taking the principles of Islam and combining them with the reality we are faced with.

In the Islamic narrative of the Creation of Adam, the Qur’an recounts: “Behold, your Lord said to the angels, I will create a vicegerent (khalifah) on earth” [Qur'an 2:30]. We are representatives or ambassadors of God on Earth, responsible and accountable for how we make use of its resources. In order to come to an understanding of how best to discharge our duty of being khulafa (plural of khalifa) here on Earth, requires tafkeer, careful thought and planning.

This is call to people at all levels of society to look for the best ways of organising and planning their affairs in all spheres without exception. It’s a call to societies and goverments to plan and prepare for the future, to improve the lot of their citizens, whether it be in education, health care, justice, environmental issues etc. This spirit of excellence needs to permeate every aspect of our lives and trigger in us a need for thought an planning in our struggle to be the best we can be.

Of course these same concerns are shared by both Muslims and non-Muslims, the key difference however is the motivation that drives a believer in this struggle. “Say: ‘Truly, my prayer and my service of sacrifice, my life and my death, are (all) for Allah, the Cherisher of the worlds‘” [Qur'an 6:162]. The believer’s life is consistent, everything he or she does is linked to the hereafter and seeking the pleasure of The Creator.

Conclusion
This concludes our discussion on the Protection of Intellect from the perspective of that which maintains and strengthens a’-'Aql. The next post will Insha Allah complete our discussion on Hifdh al-’Aql by looking at those things which threaten its presence and how they are discouraged and prohibited.

Definition of al-Nafs
Nafs is an Arabic term meaning ‘soul‘, ‘life‘ and ‘person‘. It comes from a root verb (na-fu-sa) meaning to be ‘precious‘, ‘valuable‘ and ‘priceless‘. These meanings taken together help us to appreciate how the concept of life is understood in Islam and why its protection is so important. Our life is obviously one of, if not the most, valuable things that all of us as human beings share and is therefore considered to be daroori (essential).

From the Perspective of That Which Maintains al-Nafs
Those things which help preserve al-Nafs are encouraged, promoted and obligated. Some examples of these are as follows:

1) Provision of that which Guarantees Life
There are certain things that are deemed essential for human life to be maintained with dignity. These are divided into two categories, Internal Necessities and External Necessities.

Internal necessities include the need for food, water and medicine, i.e. those things without which we would die. External necessities include clothing and housing, i.e. those things which allow us to live with dignity. These internal and external necessities are the most basic elements without which, from an Islamic perspective, it is not possible to live as one should be able to.

From this, we can understand two points. Firstly from an individual perspective each and every one of us needs food, drink, medicine, clothes and roof over our heads. As these things are considered necessary, in times of extreme need there are dispensations (rukhas) available in the Shari’ah to enable us to maintain that which is daroori. For example, if starving and faced with death, one is permitted to eat or drink that which is haram. This is also the reasoning used by many scholars in permitting a Muslim in a non-Muslim country to take an interest based mortgage if there are no other options available.

Both of these examples and more will be looked at in greater detail in MS12, where we look at the resolution of potential conflicts between the darooriyaat, e.g. How to reconcile between the desire to protect religion (pork being haram) and the desire to protect life (if one is starving).

Secondly from a broader perspective, the responsibility for providing individuals with the means to be able to meet these basic needs falls on those in authority and is in fact one of the primary roles of government. One of the consequences of this is that for a government to demand obedience to its laws, it must first ensure that it is providing its citizens with their most essential needs. The Prophet Muhammad (s) said regarding one who is unable to support themselves: “The head of state is the guardian of him, who has nobody to support him.” In this hadith, we see the foundations of the concept of a welfare state, something we in see in practice today but take for granted its Islamic origins.

Two small examples from the life of the second Caliph, Umar (ra) help illustrate the role of government in this regard. Firstly when he became leader of the Muslims, he is famously reported to have said words to the effect: “…I fear the immense responsibility that has been placed on my shoulders, for if even a single goat dies from hunger in the lands I rule, I will be asked about it on the Day of Judgement.” This is the true concept of leadership in Islam and is summed up in a nice Arabic saying: “al-Hukmu takleef laisa shareef” meaning that leadership is a responsibility not an honour.

Secondly, during a period of famine, the Caliph Umar (ra) decided to temporarily suspend the hadd punishment for theft (cutting of the hand) as people’s most basic needs weren’t being met. This method of punishment is the topic of much debate today though is not properly understood by many. We will spend some time discussing in in MS09.5 where we will be looking at Hifdh al-Maal (The Protection of Wealth).

2) Maintaining the Honour of the Human Being
Allah says in the Qur’an “And indeed, We have honoured the Children of Adam” [Qur'an 17:70]. Every human being, by the very fact they are human enjoys an honourable position without exception. Whether male or female, black or white and regardless of religion we are all children of Adam and therefore equal in our humanity.

This honour is promised and established by God, therefore no one has the right to deny anyone else their basic human rights /needs or to dishonour / disrespect them. Honour is quite a broad concept and can be somewhat relative but by our very nature we all know that there are certain intangibles which we hold dear to, such as our reputations and the reputations and dignity of our family members, specifically that of our mothers, wives, sisters etc. No sane person can tolerate lies and rumours being spread about them or their family, as this directly attacks their “honour”. This is one of the reasons that false testimony in a court of law is punished so severely. In addition to undermining the justice system it wrongly ascribes blame to innocent people together with the associated negative social stigmas, for example accusing someone of adultery.

Some of the scholars of Maqasid ascribed such importance to this that they classified it as a separate daroori, the term for which is al-’Ird (Honour). Regardless of the classification however, Hidfh al-’Ird (Protection of Honour) is considered to be a maqsad of the Shari’ah and upholding it is of great importance.

From the Perspective of That Which Threatens al-Nafs
Those things which threaten al-Nafs are discouraged, prevented and prohibited. Some examples of how is achieved are as follows:

1) Legislation of Qisaas (Retribution) for Murder
One of the most obvious things that threatens the presence of life is the crime of murder. This is therefore haram (prohibited) in Islam and is considered to be one of the major sins.

Note that murder and other such heinous acts are considered sins as well as crimes in the general sense as they have both a wordly and other-wordly punishment associated with them. The Islamic understanding of right and wrong extends into the hereafter and the Muslim knows that what they do in this life, as well as having consequences in the short term, has consequences extending into the long and infintite term.

Along with the prohibition of murder, come’s the associated punishment. As any civilised society understands crime cannot go unpunished. And as we discussed in MS04, the presence of a penal system is a deterrent, the last line of defence in a society for preventing the spread of harmful behaviour and actions. The punishment for murder in Islamic Law is called Qisaas which means ‘punishment‘ or ‘retaliation‘ but also carries the meaning of ‘the settling of accounts‘ or ‘retribution‘.

Although generally understood by people to mean execution, the concept of qisaas is much broader and differs from the hudood. Both are punishments prescribed for crimes committed, however there is a subtle difference. Whereas the specific nature of the hudood punishments is to exact the punishment as decreed by Allah and His Messenger (s) without deviation, the concept of Qisaas is broader and leaves the ultimate decision with the family of the victim and they can decide either on execution, compensation or forgiveness.

This concept is outlined in the Qur’an: “O you who believe! The Law of Equality (Qisaas) is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.” [Qur'an 2:178]

In the following verse, Allah tells us: “In the Law of Equality (Qisaas) there is (saving of) Life to you, O you men of understanding; that ye may restrain yourselves” [Qur'an 2:179] which is understood to mean that the presence of a deterrent serves to deter people from committing the crime of murder which in itself preserves life and by executing one who has murdered, society as a whole can feel safe.

Of course the topic of Qisaas and capital punishment in Islam is more complex than we can do it justice here, for further reading, some good information can be found here, here and here.

2) Prohibition of Talaf (Self -Harm and Injury)
The human body is considered a trust given to man by God, it is on loan to us and is not therefore something we can damage or harm as we are accountable for how we use each and every one of God’s blessings. The result of this is that one is not permitted to harm themselves in any way. This includes either taking substances which harm the body such as drugs as well as a prohibition on self-harm of all types up to and including suicide.

Another kind of talaf which very sadly takes place in some poor countries today is the sale of one’s bodily organs, which is expressly forbidden. The related topic of organ donation is an issue of some debate amongst the scholars, we will look at this issue in MS12 when we will look at the resolution of potential conflicts between the darooriyaat as at the same time as “harming” onseself, one can be saving someone else’s life.

3) Prevention and Treatment of Diseases and Illnesses
Diseases and illnesses directly affect human well-being and in some cases the presence of life itself. Therefore they are considered threats to life and so it is of great importance for an Islamic society to work in the field of the curing and preventing of diseases.

The Prophet Muhammad (s) said: “For every illness there is a cure. When the cure of the illness is found then he is cured with the order of Allah“ and it was with this spirit that doctors and scientists in Islamic History advanced the science of Medicine at an astounding pace. In what is referred to as the golden age of Islamic History, the level of medical care available in the Muslim world was centuries ahead of what was being offered in Europe and elsewhere.

It is unfortunate that today we can only look nostalgically at the achievements of those who came before us and as an Ummah, we seem to have lost the drive that motivated our predecessors, though as the Arab proverb says: “Laisa al-Fata man yaqool, kana abee wa lakin al-Fata man yaqool, ha ana dha” which roughly translates to “He is not a man who says, that was my father, rather the man is one who says this is me.”

In addition to providing medicines and ways to cure diseases, prevention is always the better course of action and so equal importance is placed on research into the causes of illnesses and diseases. This is therefore also be considered one of the ways that the maqsad of Hifdh al-Nafs can be achieved.

Conclusion
al-Nafs, or Life is something we all share in common and what preserves this life is the same for all of us, regardless of race or religion. Protection of this Nafs is one of the objectives of the Shar’iah and this is achieved by providing individuals with the basic necessities that allow one to live with safety, security and dignity. From the other perspective, that which threatens life is prohibited and fought, the crime of murder is severely punished, self-harm is prohibited and great importance is placed on finding the means to maintain human health and help the sick.

The next post will Insha Allah look at the next in our list of darooriyaat, al-’Aql (Intellect) and how it is protected and preserved by the Shari’ah.

The protection of any one of the darooriyaat (singular: daroori) is considered from two perspectives:

1. That which supports its presence
2. That which leads to its absence (threatens its presence)

Taking this two-pronged approach we will highlight those things which support the presence of the daroori and discuss how they are promoted, encouraged and obligated to achieve this end. For those things which threaten the presence of the daroori we will see how they are prevented, discouraged and prohibited.

For each of the darooriyaat we will look at their (hifdh) protection from both these perspectives, starting first with Hifdh al-Deen, the Protection of Religion, the first maqsad we are discussing here at bitesize islam.

Hifdh al-Deen (Protection of Religion)
First of all it’s important to define what the intended meaning of each of the darooriyaat is. For example, what do we mean by religion?

The word “deen” in Arabic means ‘religion’ in its most general sense, the plural of which is Adyaan and from which the term Muqaaranat al-Ayaan is coined, i.e. Comparative Religion. In addition to this, the word deen also has a wider meaning encompassing all systems, ideologies or ways of organising life whether originating from revealed sources or from the human mind.

However when the word deen is used with the definite article ‘al‘ making “al-Deen” (The Religion) then the intended meaning is the religion of Islam. As Allah says in the Qur’an Verily, the religion (al-Deen) with God is Islam“[Qur'an 3:19].

From the Perspective of That Which Maintains al-Deen
Those things which help preserve al-Deen are encouraged, promoted and obligated. Some examples of these are as follows:

1) Belief in the Foundations of the Religion
The Islamic Creed (‘Aqeeda) is the most fundamental way of preserving and protecting one’s religion and belief in it is obligatory. The articles of faith are: Belief in The One God, His Angels, His Books, His Messengers, The Day of Judgement and al-Qadr (Destiny).

These points compose the core of Islamic Belief and without them there is no Islam. They will be expanded on in much more detail on our series on ‘Aqeeda in due course Insha Allah.

2) Adherence to the Foundations of Worship
Another fundamental way that the religion of the Muslim is protected is by adhering to the obligatory pillars of worship (‘ibadaaat), commonly known as the “Five Pillars of Islam” i.e. The testimony of Faith, The five daily prayers (Salah), Fasting in the month of Ramadhan (Sawm), Paying the Zakat, The Hajj Pilgrimage .

The ‘ibadaat have both an individual and communal aspect and therefore adherence to their practice serves to protect the Deen of both the individual and the collective body of Muslims.

3) Seeking Knowledge
The Arabic for knowledge is ‘ilm and there is no distinction made in Islam between religious and worldly knowledge. Therefore the pursuit of both worldly and religious knowledge is considered to be one of the ways that can help one preserve their Deen. The only factor to distinguish what knowledge is pursued or not is whether the knowledge is beneficial or not. Furthermore there is no distinction made between the sexes in this pursuit. As the Prophet Muhammad (s) said quite generally in a well known hadith: “Seeking knowledge is an obligation on every Muslim.” [Related by Ibn Majah and Bayhaqi]

4) Da’wah (Invitation)
Inviting people to the message of Islam (Da’wah) preserves, protects and indeed strengthens the Deen. We are encouraged to spread the teachings of God’s final revelation by word and by deed. As we read in the Qur’an: “Invite (all) to the way of your Lord with wisdom and beautiful preaching…” [Qur'an 16:125]

Da’wah is a truly noble calling and was the role of all the Prophets of God from Adam to Muhammad (peace be upon them all). Allah himself honours the noble position of Da’wah in the Qur’an: “Who is better in speech than one who calls to Allah, works righteousness, and says, ‘I am of those who bow in submission’?” [Qur'an 41:33]

Summary: The above are different examples of how the daroori of al-Deen can be protected and preserved by first believing, then practicing, then gaining knowledge and finally spreading this to others. al-Deen is one of the most important of the Maqasid and its protection and preservation is requested from every individual Muslim in his or her own life and from the collective body (Ummah) of Muslims as a whole.

From the Perspective of That Which Threatens al-Deen
Those things which threaten the presence of al-Deen are discouraged, prevented and prohibited. Some examples how this can be achieved are as follows:

1) Abandoning Shirk (Polytheism) and Kufr (Disbelief)
The Arabic term Shirk refers to associating partners with God in those things which are solely reserved for Him, namely worship (‘ibaada) and obedience (taa’a). Shirk is considered one of the gravest sins in Islam and so to preserve one’s Deen, an abandonment of this is essential. The same can be said for Kufr, which is outright disbelief and is of course the antithesis of al-Deen which is built on belief in the One God.

2) Avoiding the Muharramaat (Prohibitions)
Earlier we saw that to protect al-Deen the adherence and practice of the pillars of worship was encouraged and indeed obligated. By the same token, those things prohibited in Islam (muharramaat) should be avoided in order to protect the religion. Once again returning to our definition of the Shar’iah as a set of ‘dos’ and ‘donts’ if one does not adhere to these, then what is left of the religion?

3) Prohibition of False Beliefs and Ideas
Following on from the points mentioned earlier about adhering to Islamic Belief and avoiding Shirk and Kufr, it is also imperative for the Muslim to guard against false beliefs and ideas which could potentially affect his or her Deen. This includes rejecting all superstitions, ideologies and beliefs which contradict Islamic principles.

It is fairly straightforward to how this is achieved from an individual perspective but it is open to interpretation as to how this can be achieved from the collective body. Does it mean prohibiting the dissemination of beliefs and ideas deemed contradictory to Islamic teachings and if so, how can this be achieved in the face of modern means of communication?

4) Enjoining the Good and Forbidding the Evil
This is one of the unique features of Islam. It is not sufficient for the believer to simply believe and worship God in his or her personal space ignoring that which is going on around them. Enjoining the Good and Forbidding the Evil (Amr bil-Ma’roof wan-Nahi ‘an il-Munkar) is an important characteristic of a believer and is a sign of having great concern for the society and world in which one lives.

The values of Islam are universal and its goodness and justice is for everyone, not just Muslims. Where possible, the Muslim is encouraged to try and effect positive change to the best of one’s ability and try to stop the spread of those things deemed harmful by the Shari’ah.

This positive change is particularly relevant here is enjoining those things which help maintain the religion and forbidding those things which threaten it.

5) Avoiding Bid’a (Religious Innovation)
The term bid’a is a generic Arabic term meaning “something new.” In this context it refers to the introduction of new unlegislated practices in matters of the religion. Its scope is not only limited to areas of worship and the general definition of a what can be called a religious innovation is “something which is done with the intention of drawing closer to God but is not according to what has been prescribed by God or His Messenger Muhammad (s) either by increasing, decreasing, restricting or changing that which was prescribed.”

Bid’a as a concept is the subject of some discussion and misunderstanding amongst contemporary Muslims, therefore I think it will be beneficial to dedicate a specific post to look at this in more detail.

In short however, we can say that if religious innovations are allowed to creep into Islam, then the very presence of al-Deen is threatened, so for obvious reasons this is something to be opposed and prohibited.

6) Jihad in all its Forms in Accordance to its Principles
If there’s one Islamic term that engenders fear in people it’s Jihad. Unfortunately misused by some Muslims and misunderstood at times by both Muslims and non-Muslims, the intended meaning of this noble concept has been confused and misconstrued.

Jihad is an Arabic term meaning to strive in all its forms. We do not restrict its meaning to mean only a personal spiritual struggle (Jihad an-Nafs) nor do we limit it to meaning a military struggle (Jihad al-Saif), rather we adhere to its intended all-encompassing meaning, that in all spheres of his or life, personal or public, a Muslim must always strive their best.

Jihad can be of several types, and struggling in the face of those things which threaten the presence of al-Deen is encouraged and at times obligated. This continues at all times in the struggle with one’s inner self, fighting against our base desires and against the whispers of Shaytan. At other times this jihad make take another form, speaking out against injustice (indeed enjoining the good and forbidding the evil is also a form of jihad). There may also be times when the level of required struggle may take a physical or military form against that which threatens al-Deen.

Of course any discussion on Jihad is not complete without mentioning the strict code of conduct which governs the military aspect of Jihad. As this is beyond the scope of this post, you can read quite a detailed discussion about this here. Also for a general understanding of Jihad, its meaning and place in the modern world, there’s a good article at IslamOnline.

Summary: These examples have shown us how those things which threaten al-Deen are identified and opposed. There are those things such as shirk, kufr, the muharramaat and bid’a which are avoided and prohibited in and of themselves. We mention Jihad and Enjoining the Good/Forbidding the Evil as these are the ways in which these and other threats to al-Deen are met, opposed and challenged.

Conclusion
The examples mentioned in this post are just that, examples. There are no doubt other ways that the daroori of al-Deen can be protected from both perspectives as mentioned at the start of the post, though I am confident that we have covered the main methods Insha Allah.

From what we have discussed however, it should be clear the different ways in which this hidfh (protection) can proceed. Hifdh al-Deen is one of the most important objectives of the Shari’ah and therefore protecting it both from an individual and collective perspective is of paramount importance.

In the next post we will move on to the next daroori in the list, al-Nafs (Life) and will see how the objective of Hifdh al-Nafs is achieved both in terms of promoting that which maintains it and preventing that which threatens it.

Simply put there are three areas of classification:

1. ad-Darooriyaat (The Essentials)
2. al-Haajiyaat (The Supportive Needs)
3. at-Tahseeniyaat (The Embellishments)

This way of classifiying these core principles is agreed upon and accepted by all scholars with the exception of Najm al-Din at-Tufi [d. 716 AH], a rather controversial Hanbali scholar who also claimed that the desire to satisfy the overall maslaha (interest) could override clear texts, a position which is not accepted by consensus and was historically rejected. We will return to al-Tufi and this position in later posts where we shall explore the relationship between the Shari’ah and the modern world.

Here, we will offer a simple definition of each principle before taking each one in turn in subsequent posts Insha Allah:

ad-Darooriyaat (The Essentials)
Translated as the the “essentials,” and defined as meaning ‘those things which are necessary for the establishment of the benefits and interests in both religious and worldly affairs, an absence of which leads to a disordered and incomplete life.‘

These darooriyaat are essential for the perfection of life in this world and the hereafter. They must all meet the conditions presented in MS05 and are general for all people, regardless of race, gender or religion. In short these essentials are:

1. ad-Deen (Religion)
2. al-Nafs (Life)
3. al-’Aql (Intellect)
4. an-Nasl and an-Nasab (Lineage)
5. al-Maal (Wealth)

These five darooriyaat are as they have been drawn up by scholars through the ages, both classical and contemporary. This list is not however closed and could well be extended by scholars if in their ijtihad (independent legal reasoning) they deem necessary.

For the purposes of this discussion however we will limit our scope to these five. These darooriyaat are not listed above in order of importance. There is an order of preference however which we will look at in MS12 Insha Allah where the topic of discussion will be resolving potential conflicts or apparent contradictions between the darooriyaat.

It can be said that the protection and preservation of these ‘essentials’ is the objective of the Shari’ah and more generally the objective of all legal systems.

al-Haajiyaat (The Supportive Needs)
Translated as the “needs,” and defined as meaning ‘those things which are needed for the protection, establishment and execution of the darooriyaat. They are those things which are not prescribed in isolation, rather in support of the essentials’.

at-Tahseeniyaat (The Embellishments)
Translated as the “embellishements,” and defined as meaning ‘those things which help in the completion of the essentials and whose presence is more preferable than their absence’.

So, in conclusion we can say that the haajiyaat and the tahseeniyaat aid the establishment of the darooriyaat which are the essential foundations for an ordered, civlised and successful life both in this world and the hereafter.

The next post will start by looking at the first of the darootiyaat, ad-Deen (Religion) and will Insha Allah follow the order of topics outlined in this post from hereon in.

Diagram illustrating relationship between Hukm and Maqsad

In the above diagram, the hukm is the rule, i.e. any law in the Shari’ah. The reason for the existance of this hukm can either be clear, apparent and measurable in which case it is called an ‘illah. Or by definition it can be other than this, i.e. unclear, not apparent and not measurable, in which case it is referred to as a wisdom, a hikmah.

This is on the side of the hukm, and the hukm itself serves a maqsad, one of the objectives of the Shari’ah. If the relationship between the hukm and its maqsad is established with certainty, it’s called maqsad qat’ee. On the other hand, if the relationship is supposed rather than certain, it is called maqsad dhanni.

Diagram illustrating the Ruling of Wine in light of the above

The ruling regarding the consumption of wine (khamr)* is one of prohbition (tahreem). This ruling is based on the presence of intoxicating properties (sukr). This we call the ‘illah for the ruling. The maqsad that this ruling serves to achieve is “Protection of Intellect” (Hifdh al-’Aql).

In the diagram above, we can see under the maqsad, there is a list of several rulings (ahkaam), one of which is the prohibition of wine (tahreem al-khamr). [The others are here for illustration only, we will explain them in detail later]. These are all laws that serve the common purpose of protecting the intellect and can either be commands or prohibitions (recall that the Shari’ah is essentially “do’s” and “don’ts”).

* Note that here we are referring only to the prohibition of wine and not alcohol in general. This is because the Qur’anic text only prohibits wine itself, other intoxicating substances are prohibited using Qiyas (Legal Analogy). This will be expanded on when we look at Usool al-Fiqh, but it suffices us to say that the ‘illah is a key component in the application of qiyas.

Conclusion
Hopefully the meanings and relationships of these should be clear now. From the next post we will begin looking at the maqasid and the subcategories therein, namely the darooriyaat (essentials), the haajiyaat (supporting needs) and the tahseeniyaat (embellishments). As in the above diagram, we will present examples of laws that serve each of the maqasid to make the explanations both easier to understand and relevant.

The points discussed in this post look at the maqasid from a bottom-up perspective, i.e. the relationship of individual law to their objectives. Recall our discussion in MS03 where the processes for arriving at the maqasid were outlined. We said that it was through a process of investigation (istiqraa’) that the scholars were able to extract common threads from amongst the different rulings and arrive at the objectives or maqasid that these rulings aim to achieve.

This process of investigation can have one of two outcomes depending on the strength of relationship between the law and the maqsad it serves:

1. Maqsad Qat’ee (Objective established with Certainty)
2. Maqsad Dhanni (Supposed Objective)

These are discussed in turn with examples below.

Maqsad Qat’ee (Objective established with Certainty)
If an objective (maqsad) is established as the result of a complete and conclusive investigation (istiqraa’ kaamil) then we say that the maqsad is certain and definitive (qatee’). This means that it is unanimously established for a rule (or set of rules) by all texts with tawaatur (multiple transmissions). A simple example to illustrate this is the maqsad behind the prohibition of murder. It is clearly “protection of life,” so we say it is established with certainty, i.e. qat’ee.

Further examples of this are the general objectives of “Ease” (al-Yusr) and “Prevention of Difficulty” (Daf’ al-Mashaqqa). They are both established by numerous verses of the Qur’an and sayings (ahadeeth) of the Prophet Muhammad (s), and are therefore considered to be definitive and certain even though they are not closely tied to specific (laws) ahkam. That’s why they’re called general objectives or principles outside of the darooriyaat, we will to them in MS13 Insha Allah.

Maqsad Dhanni (Supposed Objective)
In contrast to the above if the investigative process does not give us a certain and definitive link between a rule and its supposed objective, we say just that, that the maqsad is supposed (dhanni). This means that the investigation was inconclusive (istiqraa’ naaqis) and as such we cannot be 100% certain that what the maqsad for a ruling is.

On the face of it, this may seem like a problem, what do we do if we don’t know for certain the objective behind a ruling? Does it mean that the rule has no wisdom, that it is somehow random? Far from it. The search for maqasid is a scholarly endeavour, an ijtihaad and as it is secondary to the objective of obedience, this does not mean that we are unable to follow such a rule. In reality however, there is a wisdom and the rules are not random, and to some extent the classification into qat’ee and dhanni is academic as it is only concerned with measuring the strength of the relationship, it is not saying there is no wisdom (hikmah) or reason (‘illah).

The relationship between these different terms may seem a little confusing at the moment, Insha Allah in the next post we will summarise them and the relationship between them by way of a simple diagram.

The concept of a supposed objective (maqsad dhanni) can be better illustrated with an example. The ruling prohibiting the consumption of alcohol serves the objective “protection of intellect” due to the presence of intoxication, the ‘illah. One can see this link quite clearly so we say it is a certain objective (maqsad qat’ee). However, what is the objective behind the prohibition of drinking even one drop of alcohol? Can we say for sure that it is also “protection of intellect” as surely no one can get drunk from drinking a single drop of wine?

This therefore is why we say that the maqsad for this particular rule is supposed and not certain, i.e. dhanni. In reality, one can see the wisdom behind this ruling and there is a principle in Islamic Law drawn from a hadeeth which says, “Even a small amount of that which intoxicates in large quantities is prohibited.”

Scholarly Opinions on the Maqasid
Historically there has been some difference amongst the scholars as to the validity of the science of Maqasid and whether it is acceptable to take the objectives of Islamic Law into consideration as part of the process of legislation. These different viewpoints are outlined below:

1. The majority (Jamhoor) of scholars agree that the maqasid of the Shari’ah are established by the Qur’an and the Sunnah and as such accept using them in the formulation of legislation.
2. The Dhairiyyah did not accept the use of maqasid as they were extracted as a result of investigation, i.e. looking beyond the literal meaning of the texts, something this group of scholars was well known for being opposed to. One of the most well known scholars of this school is Ibn Hazm [d. 1064 AD / 456 AH]
3. In contrast to the above, the Batiniyyah sect of Shi’a Islam had little concern for the actual words of the texts and only focused on hidden meanings. Therefore there was never really much concern for the maqasid as the whole point of searching for aims and objectives is to draw a link between the underlying meaning and the actual text.

The opinions held by both the Dhariyyah and the Batiniyyah were not adopted by the mainstream and were by and large marginalised if not forgotten altogether through the course of history. The majority view prevailed and as a result, amongst Islamic scholars today, the science of Maqasid is considered to be of great importantance and is used as a very valuable and useful tool in legislation when a higher level understanding is required.

The next post will summarise the main terms we have seen over the past few posts by way of a simple diagram. Then with our understanding of them clear in our minds, we will be able to move on to discuss the maqasid themselves Insha Allah.