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Objectives of Sharia

The document discusses the objectives of Shariah (Maqasid al-Shariah). It outlines 5 essential protections that Shariah aims to protect: religion, life, intellect, dignity, and property. For each protection, it provides examples from the Quran and hadith of how they are protected both individually and communally. It also categorizes the objectives of Shariah into essential, complementary and embellishment categories.

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Nur Iman Eirfan
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0% found this document useful (0 votes)
174 views33 pages

Objectives of Sharia

The document discusses the objectives of Shariah (Maqasid al-Shariah). It outlines 5 essential protections that Shariah aims to protect: religion, life, intellect, dignity, and property. For each protection, it provides examples from the Quran and hadith of how they are protected both individually and communally. It also categorizes the objectives of Shariah into essential, complementary and embellishment categories.

Uploaded by

Nur Iman Eirfan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Week 3

OBJECTIVES
OF SHARI'AH
(Maqasid al-
Shari'ah)
Outline of the Presentation
Different Categories of the Objectives of Shari'ah
The 5 Protections:-
- Protection of Religion
- Protection of Life
- Protection of Dignity
- Protection of Intellect
- Protection of Property
Other General Objectives of Shari'ah
- Upholding of Justice
Categories of Objectives of
Shari'ah
THE ESSENTIAL THE COMPLEMENTARY THE EMBELLISHMENT
(AL-DHARURIYYAT) (AL-HAJIYYAT) (AL-TAHSINIYYAT)

- matters on which the religion and -acting as the complement to the 5 - its realization lead to the
worldly affairs of the people depend essentials
improvement
upon & attainment of thar
-its neglect lead to hardship of the
which is desirable
individual or the community although it
- its neglect will lead to total -
does not lead to total destruction
destruction - dissapearance may

-eg legal excuse (rukhsah) for not interrupt the normal life but
- 5 divisions: Protection of Religion, might lead to the comfort in life
the sick people, jama’ and
Protection of Life, Protection of Dignity, qasr prayer
Protection of Intellect and -eg observance of cleanliness
Protection of Property
The 5 Protections

RELIGION LIFE DIGNITY MIND


(DIN) (NAFS) ('IRD) ('AQL)

PROPERTY
(MAL)
PROTECTION OF
RELIGION (DIN)
Most important value – obligatory for all Muslims to protect his
religion

1. Individual level 2. Community level


Individual level

Increase the
Performance of
level of Iman -
5 times daily
protection from
prayers,
committing sin,
performing hajj
protection from
etc
being apostate
Example of Quranic verses:
َ ‫ﺤ‬
‫ﺸ ﺂ ِء‬ ْ ‫ٱﻟﺼ َﻠ ٰﻮ َة َﺗ ْﻨ َﻬ ﻰ َﻋ ﻦ‬
ْ ‫ٱﻟ َﻔ‬ ‫ﱠ‬ ‫ن‬‫ِإ ﱠ‬ َۖ ‫ٱﻟﺼ َﻠ ٰﻮ ة‬
‫ﱠ‬ َ
ِ‫ﺐ َو أ ِﻗ ﻢ‬ َ
‫ﺘ‬ ٰ ‫ﻜ‬
ِ ْ
‫ٱﻟ‬ َ
‫ﻦ‬ ِ‫ﻣ‬ ‫ﻚ‬ َ ‫ﻴ‬ َ
‫ﻟ‬ ‫إ‬ ‫ﻰ‬ ِ‫وﺣ‬ ُ ‫أ‬ ‫ﺂ‬ ‫ﻣ‬
َ ُ‫ﻞ‬ ْ
‫ٱﺗ‬
ِ ٰ ِ ْ ِ َ
َ ُ‫ﻳَﻌْ َﻠ ُﻢ َﻣ ﺎ َﺗ ْﺼ َﻨ ﻌ‬
‫ﻮن‬ ‫ﻤ ﻨ ﻜَ ِﺮ ۗ َو َﻟ ِﺬ ْﻛ ُﺮ ٱﻟﻠﱠ ﻪِ أ َ ْﻛ َﺒ ُﺮ ۗ َو ٱﻟﻠﱠ ُﻪ‬ُ ‫ٱﻟ‬ْ ‫َو‬
Al-Ankabut: 45

Meaning: Recite, [O Muhammad], what has been revealed to you of the Book
and establish prayer. Indeed, prayer prohibits immorality and wrongdoing, and
the remembrance of Allah is greater. And Allah knows that which you do

‫ﱠ‬ َ َ ‫ﱠ‬ َ َ ۟ ‫ﱠ‬ َ ٓ


ُ ُ َ
‫ﺐ َﻋ ﲆ ٱﻟ ِﺬ ﻳﻦ ﻣِ ﻦ ﻗ ْﺒ ِﻠ ﻜ ْﻢ ﻟ ﻌَ ﻠ ﻜ ْﻢ‬ ُ َ
َ ‫ٱﻟﺼ َﻴ ﺎ ُم ﻛ َﻤ ﺎ ﻛ ِﺘ‬
‫ﱢ‬ ُ
‫ﺐ َﻋ ﻠ ْﻴ ﻜ ُﻢ‬ ُ ُ َ ‫ٰ َ أ ﻳ َﱡﻬ ﺎ ٱﻟ ِﺬ ﻳﻦ ء‬
َ ‫اﻣ ﻨ ﻮا ﻛ ِﺘ‬ َ َ
‫ﻮن‬َ ‫َﺗ ﱠﺘ ُﻘ‬
Al-Baqarah: 183
Meaning: O you who have believed, decreed upon you is fasting as it was
decreed upon those before you that you may become righteous
Community level

If the situation
demands for waging
Defending
war with the enemy
Islamic faith if
of Islam – it should
it is attacked
be done for the sake
by the enemy
of protection of Islam
of Islam
from being destroyed
by others
Example of Quranic verse and Hadith of the Prophet:

َ ‫ﻤ ﻌْ َﺘ ِﺪ‬ ْ َ َ ‫ﱠ‬ ۟ َ َ ُ َ ُ َ ٰ ‫ﱠ‬ ‫ﱠ‬ ۟ ُ َ ٰ


‫ﻳﻦ‬ ُ ‫ﺐ ٱﻟ‬
‫ن ٱﻟﻠ ﻪ ﻻ ﻳُﺤِ ﱡ‬ ُ ‫ﻳﻦ ﻳُﻘ ِﺘ ﻠ ﻮﻧ ﻜ ْﻢ َو ﻻ ﺗ ﻌْ َﺘ‬
‫ﺪ ٓو ا ۚ ِإ ﱠ‬ َ ‫ﻴﻞ ٱﻟﻠ ﻪِ ٱﻟ ِﺬ‬
ِ ‫ﺳ ِﺒ‬
َ ‫َو ﻗ ِﺘ ﻠ ﻮا ِﻓ ﻰ‬
Al-Baqarah:190

Meaning: Fight in the way of Allah those who fight you but do not transgress.
Indeed. Allah does not like transgressors

The Prophet said : ( Whoever witness any evil (munkar), he has to


change it by his hand (using of force), if he is unable (have no
power) to do so, then he has to change (the evil) by his tongue
(speaking), if he is unable to do so, then he has to hate the evil in his
heart and that is the lesser degree of Iman)
PROTECTION OF LIFE
(NAFS)
Life is everyone’s right and valuable to everybody

It must be protected in all circumstances – no different


between the life of rich & poor, leader & subordinate,
Muslims & non-Muslims

Protecting one’s life is equally important and obligatory to


each individual and society
َ ‫ﻮﻣ ﺎ َﻓ َﻘ ْﺪ‬
ِ‫ﺟ ﻌَ ْﻠ َﻨ ﺎ ﻟِ َﻮ ﻟِ ﱢﻴ ۦﻪ‬ ً ُ‫َﻖ ۗ َو َﻣ ﻦ ُﻗ ِﺘ ﻞَ َﻣ ْﻈ ﻠ‬ ْ ‫ﺣ ﱠﺮ مَ ٱﻟﻠﱠ ُﻪ إ ﱠﻻ ﺑ‬
‫ﭑﻟ ﺤ ﱢ‬ ِ ِ َ ‫ﻰ‬ ‫ﺘ‬
ِ ‫ﺲ ٱﻟﱠ‬ َ ْ
‫ﻔ‬ ‫ﱠ‬
‫ﻨ‬ ‫ٱﻟ‬ ۟ ُ‫َو َﻻ َﺗ ْﻘ ُﺘ ﻠ‬
‫ﻮا‬
‫ﻨﺼ ﻮ ًر ا‬ َ َ ُ ‫ﱠ‬
ُ ‫ﻞ ۖ ِإ ﻧ ﻪ ۥ ﻛ ﺎن َﻣ‬ ‫ﺘ‬ْ َ
‫ﻘ‬ ْ
‫ٱﻟ‬ ‫ﻰ‬ ‫ﱢ‬
‫ﻓ‬ ‫ف‬ ‫ﺮ‬ ‫ُﺴ‬
ْ ‫ﻳ‬ ‫ﻼ‬ َ َ
‫ﻓ‬ ‫ﺎ‬ ً
‫ﻨ‬ ‫ﻄ‬ َ ٰ ْ
‫ﻠ‬ ‫ﺳ‬
ُ
ِ ِ
Al-Isra': 33
Meaning: And do not kill the soul which Allah has forbidden, except by right.
And whoever is killed unjustly - We have given his heir authority, but let him not
exceed limits in [the matter of] taking life. Indeed, he has been supported [by
the law]

In order to protect life, Shariah provides severe punishment for those


who kill others
The punishment for the killer is the death penalty
ْ ْ ْ ْ َ َ ْ ْ َ ۟ ‫ﱠ‬ َ ٓ
ُ
‫ﺎص ِﻓ ﻰ ٱﻟ ﻘ ﺘ ﲆ ۖ ٱﻟ ﺤُ ﱡﺮ ﺑِ ﭑﻟ ﺤُ ﱢﺮ َو ٱﻟ ﻌَ ْﺒ ﺪ ﺑِ ﭑﻟ ﻌَ ْﺒ ِﺪ‬ ْ ُ ‫ﺐ ﻋ ﻠ ْﻴ ﻜ ُﻢ ٱﻟ ِﻘ َﺼ‬ ُ َ ُ
َ ‫اﻣ ﻨ ﻮا ﻛ ِﺘ‬ ُ َ ‫ٰ َﻳ ﺄ ﻳ َﱡﻬ ﺎ ٱﻟ ِﺬ ﻳﻦ ء‬
َ َ
َ َ
ِ‫وف َو أ َد آ ٌء ِإ ﻟ ْﻴ ﻪ‬ ‫ﺮ‬
ِ ُ َ ِ ْ‫ﻌ‬ ‫ﻤ‬ ْ
‫ﭑﻟ‬ ‫ﺑ‬ ٌ
‫ع‬ ۢ ‫ﺎ‬ ‫ﺒ‬ ‫ﱢ‬
‫ﭑﺗ‬ َ
‫ﻓ‬ ٌ
‫ء‬ ‫ﻰ‬ ‫ﺷ‬َ ِ‫ﻴﻪ‬ ِ‫ﺧ‬ َ ‫أ‬ ْ
‫ﻦ‬ ِ‫ﻣ‬ ‫ۥ‬ ُ
‫ﻪ‬ َ
‫ﻟ‬ ‫ﻰ‬ ‫ﻔ‬
ِ ُ
‫ﻋ‬ ‫ﻦ‬ْ ‫ﻤ‬ َ
‫ﻓ‬ ۚ ‫ﻰ‬ ‫ﻧﺜ‬ َ ُ ‫ﭑﻷ‬ ْ ‫ﻧﺜ ﻰ ﺑ‬ َ ُ ْ ‫َو‬
‫ٱﻷ‬
َ ْ َ َ ٰ ِ ٰ
َ َ ُ َ َ َ َ ٰ َ ٌ ُ ٌ ْ َ َ َ ٰ
‫ِﻴﻢ‬
ٌ ‫اب أ ﻟ‬ ٌ ‫ﺪ ذ ﻟِﻚ ﻓ ﻠ ﻪ ۥ َﻋ ﺬ‬ َ ْ‫ى ﺑَﻌ‬ ٰ ‫ﺪ‬ َ
َ ‫ٱﻋ ﺘ‬ ْ ‫ﻦ‬ ِ ‫ﺣ َﻤ ﺔ ۗ ﻓ َﻤ‬ ْ ‫ﻦ ۗ ذ ﻟِﻚ ﺗ ﺨ ِﻔ ﻴﻒ ﱢﻣ ﻦ ﱠر ﺑ ﱢ ﻜ ْﻢ َو َر‬ ٍ ‫ﺴ‬ َٰ ‫ﺣ‬
ْ ‫ﺑِ ِﺈ‬

Al-Baqarah:178
Meaning: O you who have believed, prescribed for you is legal retribution for those
murdered - the free for the free, the slave for the slave, and the female for the female.
But whoever overlooks from his brother anything, then there should be a suitable follow-
up and payment to him with good conduct. This is an alleviation from your Lord and a
mercy. But whoever transgresses after that will have a painful punishment
The punishment for the murderer is undoubtedly very severe

Even though one life is killed because of the crime, this will lead to
saving many lives

This is because the punishment will deter others from committing such a
crime

َ‫ﺐ َﻟ ﻌَ ﻠﱠ ﻜ ُ ْﻢ َﺗ ﱠﺘ ُﻘ ﻮن‬ ٰ ْ ‫ﺣ َﻴ ٰﻮ ٌة ٰ َﻳٓ ﺄ ُ ۟و ِﱃ‬


ْ‫ٱﻷ َ ﻟ َﺒ‬ َ ‫ﺎص‬
ِ ‫ﺼ‬َ ‫ﻘ‬
ِ ْ ‫َو َﻟ ﻜ ُ ْﻢ ِﻓ ﻰ‬
‫ٱﻟ‬
ِ
Al-Baqarah: 179

Meaning: And there is for you in legal retribution [saving of] life, O you [people] of
understanding, that you may become righteous
The Prophet also reminded about the severe punishment for the
murderer and those involved in this crime

The Prophet said : ( When two Muslims meet with their sword (in
fight with each other), both of them will be in hell fire, (the
companion asked Him), this (punishment should be) for the one
who try to kill his challenger, what about the one who try to
defence himself? The Prophet replied : he was also trying to kill
his opponent)

Generally, saving one’s life is required, but it should not be done at


the expense of other lives

The Prophet said : (A particular harm should not be removed by


inflicting another harm)
PROTECTION OF DIGNITY
('IRD)
Islam concerns about the dignity of a person and emphasizes the
importance of protecting the dignity of Muslims

That includes:-
- protection of individual rights to privacy
- ensuring the relationship between man and woman is done in
respectful manner
- prohibits from accusing others of mischief
Each -It must be noted that accusing
someone of committing an unlawful
and every act is a very serious allegation
allegation
must be -That is why the allegation must be
supported with proof and evidence
supported
with proof -Otherwise, there will be punishment
and evidence for false accusation
•The Prophet said : ( Evidence is for the person who accuse and
oath is for the person who denies the accusation)

•Punishment for false accusation (qazaf) – 80 lashes

َ ‫ﻫ ْﻢ َﺛ ٰ َﻤ ِﻨ ﻴ َﻨ ﺠ َْﻠ‬
َ‫ﺪ ًة َو ﻻ‬ ُ ‫ﺪو‬
ُ ‫ﺟ ِﻠ‬ َ َ َ َ ُ َ‫َﻌ‬ َ ۟ ُ ْ
ْ ‫ﺖ ُﺛ ﱠﻢ َﻟ ْﻢ ﻳَﺄ ﺗ ﻮا ﺑِ ﺄ ْر ﺑ ﺔِ ﺷ ﻬ ﺪ آ ء ﻓ ﭑ‬ ِ ‫ﺤ َﺼ ٰ َﻨ‬ْ ‫ﻤ‬ ْ ‫ﻮن‬
ُ ‫ٱﻟ‬ َ ‫َو ٱﻟﱠ ِﺬ‬
َ ‫ﻳﻦ َﻳ ْﺮ ُﻣ‬
ٰ ٰٓ ُ َ
َ‫ﺴ ُﻘ ﻮن‬ َ ْ
ِ ‫ﻫ ُﻢ ٱﻟ ﻔ‬ َ َ ً َ‫ﺪ ًة أ ﺑ‬
ُ ‫ﺪ ا ۚ َو أ ۟و ﻟ ِﺌ ﻚ‬ َ ‫ﻮا َﻟ ُﻬ ْﻢ‬
َ ‫ﺷ ٰ َﻬ‬ ۟ ُ‫َﺗ ْﻘ َﺒ ﻠ‬

An-Nur:4
Meaning: And those who accuse chaste women and then do not produce four witnesses
- lash them with eighty lashes and do not accept from them testimony ever after. And
those are the defiantly disobedient
- No free mixing between two sexes and no
unnecessary contact between two sexes
Islam
regulates the - How to regulate that relationship – Islam
allows and encourages marriage
relationship
between man - The Prophet said : ( Oh youth! Those of
you who have the means to get married
& woman shall do it, as it is better to protect your
eye and your desire, as for those who are
unable to do so, he shall fast as it is
protection for you)
•To protect the dignity of a woman

Covering •Islam disallows manipulation of woman @


aurah making women as sexual and commercial
objects
- Immoral practices that lead to the spread
of different evil in society

Prohibition - Increase of social problems

of adultery -Severe punishment for those who commit


adultery

ۖ ‫ﺪ ٍة‬ َ ‫وا ﻛ ُ ﻞﱠ ٰ َو ﺣِ ٍﺪ ﱢﻣ ْﻨ ُﻬ َﻤ ﺎ ﻣِ ۟ﺎ ﺋَ َﺔ‬


َ ‫ﺟ ْﻠ‬ ۟ ‫ﺪ‬ ْ ‫ٱﻟ ﱠﺰ ا ﻧِ َﻴ ُﺔ َو ٱﻟ ﱠﺰ ا ﻧِﻰ َﻓ ﭑ‬
ُ ‫ﺟ ِﻠ‬

An-Nur: 2
Meaning: The [unmarried] woman or [unmarried] man
found guilty of sexual intercourse - lash each one of
them with a hundred lashes
PROTECTION OF
INTELLECT ('AQL)
Our intellect is considered as a gift from
Allah

Human capacities that differentiate man


from animals

Must utilize our intellect for the good


and benefit of all
Islam •But the expression of opinion must
conform with moral and ethics
gives freedom
to express
•Provide evidence to defend your ideas –
try to agree with the best views

views &
-The Prophet gave us the perfect example
tolerates the during the battle of Badr, Prophet

differences of suggested camping at a particular place


Khabab al-Munzir suggested occupying
views & another place nearer to water which was

opinions more suitable for engaging with the enemy


Prophet agreed with the suggestion
•The Prophet said : ( If a ruler makes an
ijtihad and he is precise in it, he will be

Prophet rewarded with two rewards, however

encouraged us
if he makes a mistake, he will be
rewarded with one reward)

to make Ijtihad
•A person must strive to reach to the best
opinion – referring to Quran & Sunnah
Must • Prohibition of liquor
safeguard our ْ َ ْ ‫ﱠ‬ ۟ ‫ﱠ‬ َ ٓ
َ ‫ﻳ َٰـ ﺄ ﻳ َﱡﻬ ﺎ ٱﻟ ِﺬ‬
‫ﺴ ُﺮ‬ ِ ‫اﻣ ُﻨ ٓﻮ ا ِإ ﻧ َﻤ ﺎ ٱﻟ ﺨ ْﻤ ُﺮ َو ٱﻟ َﻤ ْﻴ‬ َ ‫ﻳﻦ َء‬
mind from ‫ﻦ‬
ِ ٰ
‫ـ‬ ‫ﻄ‬َ ‫ﻴ‬
ْ ‫ﱠ‬
‫ٱﻟﺸ‬ ‫ﻞ‬
ِ ‫ﻤ‬َ َ
‫ﻋ‬ ‫ﻦ‬ْ ‫ﻣ‬
‫ﱢ‬ ‫ﺲ‬ ٌ ‫ﺟ‬
ْ ‫ر‬
ِ ‫ﻢ‬ُ ٰ
‫ـ‬ َ
‫ﻟ‬ ْ
‫ز‬ َ ‫ٱﻷ‬ْ ‫و‬
َ ‫ﺎب‬
ُ ‫ﻧﺼ‬
َ َ ْ
‫ٱﻷ‬ ‫َو‬
َ ‫ﺟ َﺘ ِﻨ ُﺒ ﻮ ُه َﻟ ﻌَ ﻠﱠ ﻜ ُ ْﻢ ﺗُ ْﻔ ِﻠ ﺤ‬
‫ُﻮن‬ ْ ‫َﻓ ﭑ‬
anything that Al-Maidah:90

might affect its Meaning: O you who have believed, indeed, intoxicants,

ability &
gambling, [sacrificing on] stone alters [to other than Allah],
and divining arrows are but defilement from the work of

function
Satan, so avoid it that you may be successful
PROTECTION OF
PROPERTY (MAL)
Everyone has his/her own property and would like to have
the necessary protection of that property

We put an effort to gain and own that property, thus we


want that property to be kept safe
Islam َ َ ۟ ُ ْ ُ
‫ﻞ َو ﺗ ﺪ ﻟ ﻮا ﺑِ ﻬ ﺂ ِإ ﱃ‬ ِ ِ‫ﻄ‬ ‫ﺒ‬
َ ٰ ْ
‫ﭑﻟ‬ ِ ‫ﺑ‬ ‫ﻢ‬ ُ ‫ﻜ‬ َ
‫ﻨ‬ ‫ﻴ‬
ْ َ ‫ﺑ‬ ‫ﻢ‬ ُ ‫ﻜ‬ َ
‫ﻟ‬ ‫ﻮ‬
َ ٰ ‫ﻣ‬ْ َ ‫أ‬ ۟
‫ا‬ ‫ﻮ‬
ٓ ُ ‫ﻠ‬ ُ ‫ﻛ‬ ْ ‫ﺄ‬ ‫ﺗ‬ َ َ ‫َو‬
‫ﻻ‬
ْ ْ َ ً َ ۟ ُ ْ ْ
forbids ِ‫ﭑﻹ ﺛ ﻢ‬
ِ ِ‫ﺎس ﺑ‬ ‫ﱠ‬
ِ ‫ل ٱﻟ ﻨ‬ ِ ‫ﻮ‬
َ ٰ
َ‫ﻤ ﻮن‬
‫ﻣ‬
ْ ‫أ‬
َ
‫ﻦ‬ ْ ‫ﻣ‬
‫ﱢ‬
َ
‫ﺎ‬ ‫ﻳﻘ‬
ُ
‫ﺮ‬ِ
َ
‫ﻓ‬ ‫ﻮا‬ ‫ﻠ‬ ُ ‫ﻛ‬ ‫ﺄ‬ ‫ﺘ‬َ ِ ‫ﻟ‬ ِ‫ﺎم‬ ‫ﱠ‬ ‫ﻜ‬ ُ ‫ﺤ‬ ‫ٱﻟ‬
ُ ‫َو أ ﻧ ﺘ ْﻢ ﺗ ﻌْ ﻠ‬
transgressing & Al-Baqarah: 188
acquiring the Meaning: And do not consume one another's wealth

property of unjustly or send it [in bribery] to the rulers in order that


[they might aid] you [to] consume a portion of the wealth

others without of the people in sin, while you know [it is unlawful]

َ ُ‫ﻰ ُﻇ ْﻠ ًﻤﺎ ِإﻧﱠ َﻤﺎ ﻳَﺄْﻛُﻠ‬


‫ﻮن ِﻓﻰ‬ ‫ﻤ‬َ َ
‫ﺘ‬ ٰ ‫ﻴ‬
َ ْ
‫ٱﻟ‬ َ‫ل‬ ‫ﻮ‬
َ ٰ ‫ﻣ‬
ْ َ ‫أ‬ َ
‫ﻮن‬ ُ ‫ﻠ‬ُ ‫ﻛ‬ْ ‫َﺄ‬
‫ﻳ‬ َ
‫ِﻳﻦ‬
‫ﺬ‬ ‫ن ٱﻟﱠ‬
‫ِإ ﱠ‬
legitimate ‫ﺳﻌِ ﻴ ًﺮا‬ َ ‫ن‬
ٰ
َ ‫ﺳ َﻴ ْﺼ َﻠ ْﻮ‬ َ ‫ َو‬ ۖ ‫ﺑ ُُﻄﻮﻧ ِِﻬ ْﻢ ﻧَﺎ ًرا‬
reasons and An-Nisa': 10

proper contracts Meaning: Indeed, those who devour the property of orphans
unjustly are only consuming into their bellies fire. And they will
be burned in a Blaze
Islam
forbids
transgressing &
Warning of severe punishment in
acquiring the the Day of Judgment against those

property of who acquire the property of


orphans
others without
legitimate
reasons and
proper contracts
َ‫ﺴ َﺒﺎ ﻧَ ٰﻜَ ًﻼ ﱢﻣﻦ‬ َ ‫ﻛ‬ ‫ﺎ‬‫ﻤ‬ ‫ﺑ‬ ً
‫ء‬ ۢ ‫آ‬ َ
‫ﺰ‬ ‫ﺟ‬ ‫ﺎ‬‫ﻤ‬ ُ
‫َﻬ‬‫ﻳ‬‫ﺪ‬ ْ
‫ﻳ‬ َ ‫أ‬ ۟
‫ا‬ ‫ﻮ‬ ُ‫ﻌ‬‫ﻄ‬ ْ
‫ﭑﻗ‬ َ
‫ﻓ‬ ُ
‫ﺔ‬ َ
‫ﻗ‬ ‫ﺎر‬‫ٱﻟﺴ‬‫و‬ ُ
‫ق‬ ‫ﺎر‬
َ َ ِ َ َ ِ ٓ َ ِ ‫ﱠ‬ َ ِ ‫ٱﻟﺴ‬
‫َو ﱠ‬
‫ِﻴﻢ‬
ٌ ‫ﺣﻜ‬ َ ‫ َوٱﻟﻠﱠ ُﻪ َﻋ ِﺰﻳ ٌﺰ‬ ۗ ِ‫ٱﻟﻠﱠﻪ‬
Al-Maidah: 38
Meaning: [As for] the thief, the male, and the female, amputate their hands in
recompense for what they committed as a deterrent [punishment] from Allah. And
Allah is Exalted in Might and Wise

Severe punishment for those who steal the


property of others - amputation of hand

Several ways of acquiring the properties


illegitimately:-

- Taking usury (riba’)


- Cheating in transaction
- Breaking the trust in the matters related to property
Other General Objectives of
Shariah
UPHOLDING OF JUSTICE ('ADL)
The literal meaning of 'adl - placing things in their right place
where they belong
It is to establish balance by way of fulfilling rights and
obligations and by eliminating excess and disparity in all spheres
of life
The concept of justice in Shari'ah is not confined to the judicial
aspects but it covers all areas of life including individual
justice, social justice and international justice
ۡ ‫ﱠ‬ ُ َ َ ۡ َ ٰ ۡ َ ۡ َ َ َ ٰ ۡ َ َ َ ۡ َ ۡ ‫َﻟ َﻘ‬
‫ﺴ ِۖﻂ‬
ۡ ‫ﺎس ﺑِﭑﻟ ِﻘ‬ َ ‫ﺖ َوأﻧﺰﻟﻨﺎ َﻣﻌَ ُﻬ ُﻢ ٱﻟ ِﻜﺘ‬
ُ ‫ﺐ َوٱﻟﻤِ ﻴﺰان ﻟِ َﻴﻘﻮمَ ٱﻟﻨ‬ ِ ‫ﺳﻠﻨﺎ ﺑِﭑﻟ َﺒ ﱢﻴﻨ‬ ُ ‫ﺳﻠﻨﺎ ُر‬ َ ‫ﺪ أ ۡر‬
Al-Hadid: 25
Meaning: We have already sent Our messengers with clear evidence and sent down with
them the Scripture and the balance that the people may maintain [their affairs] in justice

Based on this Quranic verse, it can be derived that the message of


justice in Islam is not tainted by considerations of racial,
tribal, national, or religious sentiments
Justice is considered as one of the major themes of the Quran -
referred to on at least 53 instances
The believer is urged to be just to others at all levels - whether
personal or public, in words or in conduct, in dealing with friends
or foes, Muslims or non-Muslims - all must be treated with justice
Ibn Qayyim al-Jawziyyah said that justice must be followed and
upheld wherever it is found, within or outside the declared
provisions of the law
Allah has sent scriptures and messengers in order to establish
justice among people
When there are signs which point to the path of justice, it is in
accordance with the law of Allah and everyone should aim towards
realizing it - hence "any part that leads to justice and fairness
is an integral part of Islam and never contrary to it"
It is emphasized that Muslims should be just in their relation with
everyone even with their enemy:

ْ ُ ْۚ ُ َ ‫َ َ ﱠ‬ َ َ َ ۡ ُ ‫ﱠ‬ ٰ َ ْ ُ ْ ‫ﱠ‬ َ ٓ
ُ ‫ٱﻋﺪِﻟﻮا‬
‫ﻫ َﻮ‬ ُ َ ُ ‫ﱠ‬
ٓ ٰ ‫ﺴ ِۖﻂ َوﻻ َﻳﺠ ِۡﺮ َﻣﻨﻜ ۡﻢ ﺷﻨـ ﺎن ﻗ ۡﻮمٍ َﻋ‬
ۡ ‫ﲆ أﻻ ﺗﻌۡ ﺪِﻟﻮا‬ ۡ ‫ﺪآ َء ﺑِﭑﻟ ِﻘ‬ َ
َ ‫اﻣﻨﻮا ﻛﻮﻧﻮا ﻗ ﱠﻮﻣِ ﻴﻦ ﻟِﻠﻪِ ﺷ َﻬ‬ ُ ُ َ ‫ٰ َﻳﺄﻳ َﱡﻬﺎ ٱﻟﺬِﻳﻦ َء‬
َ
َ‫ﺧ ِﺒﻴ ۢ ُﺮ ﺑِ َﻤﺎ َﺗﻌۡ َﻤﻠُﻮن‬
َ ‫ن ٱﻟﻠﱠ َﻪ‬ ‫ٱﺗ ُﻘﻮاْ ٱﻟﻠﱠ َۚﻪ ِإ ﱠ‬
‫ى َو ﱠ‬ ۖ ٰ ‫ب ﻟِﻠ ﱠﺘ ۡﻘ َﻮ‬ ۡ َ
ُ ‫أﻗ َﺮ‬
Al-Maidah: 8

Meaning: O you who have believed, be persistently standing firm for Allah, witnesses in
justice, and do not let the hatred of a people prevent you from being just. Be just; that is
nearer to righteousness. And fear Allah; indeed, Allah is Acquainted with what you do
Muslims also must establish justice with those who are not in the
same faith with them, ie the non-Muslims

َ َ ُ ٰ ُ ۡ َ
ُ ‫ﻳﻦ َوﻟ ۡﻢ ﻳُﺨ ِﺮﺟُﻮﻛﻢ ﱢﻣﻦ دِ َﻳ ِﺮﻛ ۡﻢ أن ﺗ َﺒ ﱡﺮو‬
‫ﻫ ۡﻢ‬ ‫ﱢ‬
‫ﺪ‬ ‫ٱﻟ‬ ‫ﻲ‬ ‫ﻓ‬
ِ ‫ﻢ‬ ۡ ُ ‫ﻛ‬‫ﻮ‬ ُ ‫ِﻠ‬
‫ﺘ‬ َ
‫ُﻘ‬ ٰ ‫ﻳ‬ ‫ﻢ‬
ۡ َ ‫ِﻳﻦ‬
‫ﻟ‬ َ ‫ﺬ‬‫ﱠﻻ َﻳ ۡﻨ َﻬ ٰﯩﻜ ُ ُﻢ ٱﻟﻠﱠ ُﻪ َﻋﻦ ٱﻟﱠ‬
ِ ِ
َ ِ‫ﺴﻄ‬
‫ﻴﻦ‬ ِ ‫ﻤ ۡﻘ‬ ۡ ‫ﺐ‬
ُ ‫ٱﻟ‬ ‫ﱡ‬ ِ‫ُﺤ‬ ‫ﻳ‬ َ
‫ﻪ‬ ‫ﱠ‬ ‫ٱﻟﻠ‬ ‫ﱠ‬
‫ن‬ ‫إ‬ ‫ﻢ‬ۚ ۡ ‫ﻬ‬ ‫ﻴ‬ۡ َ
‫ﻟ‬ ‫إ‬ ْ ‫ا‬ ‫ﻮ‬
ٓ ‫ﻄ‬ُ ‫ﺴ‬
ِ ‫ﻘ‬ ۡ ُ ‫َوﺗ‬
ِ ِ ِ
Al-Mumtahanah: 8

Meaning: Allah does not forbid you from those who do not fight you because of religion and
do not expel you from your homes - from being righteous toward them and acting justly
toward them. Indeed, Allah loves those who act justly

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