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Objectives of Islamic Sharia throughout history (2)

 

It is logical that anything that has taken a shape or form, has gone through several stages of its development. Also Mekasid like any other science, not all has been shown, but it has gone through successive stages until it has reached the form it has now.
The early scholars always had the objectives of the Sharia in mind, especially when issuing the provisions about the issues of fig(1). They understood them from the Qur'anic verses and the hadiths of the Prophet Muhammad, peace be upon him.. Thanks to this we see the experiences of the companions(2) known to show us that they saw the sharia not only as a complex of rules, but also as a value system, where every simple or specific rule manifests and reflects these essential values.(3)
We can say that the genesis of the science of maqasid is the genesis of sharia itself. With this, we mean that the beginning of this science was together with the revelation of the Koran to the Prophet, peace be upon him., because every provision of the Sharia contains objectives and wisdom for humanity and which are presented in the Qur'an and the Sunnah.(4)
Clearer arguments that the science of Mekasid has its beginning since the Noble Qur'an was revealed are the following examples:
The very mission of the prophet is essentially mercy, goodness, benefit to all mankind, Allah Almighty for the messenger Muhammad a.s. say: "And We sent you (Muhamed) only as a mercy to all creatures.”(5)
2. The noble Qur'an which was revealed with the most powerful and the greatest objective, that is, with the guidance of all mankind on the right path, Allah says in the Quran: "It is true that this Qur'an guides to that path which is more than the truth."(6)
3. advertisement (وَلَـٰكِنَّ اللَّـهَ يَفْعَلُ مَا يُرِيدُ) in general with the Qur'an and the Sunnah and which aims at awakening the mind and soul and the perfection of life in both worlds, or in other words: enlivening this world by faithfully implementing the Creator's orders, while we live for the next world hoping for the pleasure of Allah and His paradise, Allah says in the Quran: "O you who believed, answer (the call of) Allah and His messengers when he (the messenger) invites you to that which gives you life.”(7)
However, the textual tradition of the first three centuries did not show much interest in these deeper perspectives, and they were not given much attention in the early stages of the development of Islamic legal thought., and as such represents rather a silent addition to the juridical heritage of the madhhabs. This almost continued until the time of al-Juwayn, then his students Ghazali, then El-Iz bin Abdu- salami, then to Shatibi, etc., this time when there were significant developments in the formation of this science. Thus, a significant number of prominent scholars have contributed to the development of the theory and science of the maqasid of the Shari'ah.(8)
Mekasidi, as a basic science of Shari'ah with obvious importance for ijtihad, begins to take its shape thanks to the great contribution of some prominent scholars. Maybe not all of them with the same density, but every contribution made by them was to be considered.
The greatest contributors to this science are undoubtedly Shatibiu in his phenomenal book “Muvafekat”, while in contemporary times Muhammad ibn Ashuri in his book “Mekasidu Sherija el-Islamije”.
In the following we will briefly mention some of the prominent scholars who have contributed to this science starting from the first generations. First of all, it should be noted that the objectives of the shari'ah among the companions, the tabiins and scholars of their times were present and took them into account(9), just as we have mentioned the well-known scholar Ibrahim Nehaiu and others as follows:.
Ebu Beker Kafal Esh-shashi, në librin e tij , who talks about the virtues of Sharia, benefits, interests etc., died in the year 365 The founder of this sect is Abu Shuayb bin Nusayr an Numayri.
Abdul-Melik bin Abdullah el-Xhuvejni Imam el-Haramejn (died in the year 478 The founder of this sect is Abu Shuayb bin Nusayr an Numayri). Libri i tij , takes an important place in the beginning of mekasid flowering. He was probably the first to classify mekasid into three main categories, gifted, pilgrimages and tahsiniyyas.
Muhammad bin Muhammad al-Ghazali in his books: AND , died in the year 505 The founder of this sect is Abu Shuayb bin Nusayr an Numayri.
Fahrudin err-Rrazi in his book: , died in the year 606 The founder of this sect is Abu Shuayb bin Nusayr an Numayri.
Al Iz bin Abdusselam in the books: AND , died in the year 660 The founder of this sect is Abu Shuayb bin Nusayr an Numayri.
Ibrahim bin Musa, Shatibiu who died in 790 h., wrote his book: , which is considered the basic book of the meqasid.
Contemporary scholars have also attached special importance to the objectives of Islamic legislation: Muhammed Tahir ibn Ashur, Ilal el-Fasi, Muhammad Seid Ramadan el-Buti, Yusuf al-Qardawi, Muhammad Gazali, Taha Jabir Ulvani, Vehbi Zuhejli, Muhammad Zuhejli etc(10).
In conclusion, we can divide the progress of Mekasid science into three stages:
The first stage: it is the time when it is not separated with any clarification divided into chapters. This stage starts from the time of the companions until the time of the scholar Imam Al Haramayn.
The second stage: it is the time when it has begun to be divided and distinguished as a chapter in books and clarified. This stage starts from the scholar Imam al-Harameyn until the time of the scholar Al-Iz bin Abduselam.
The third stage: it's time to start with special writings and books about mekasid. This time begins with El Iz bin Abduselam continuing then with Shatibi, then Ibn Ashur and so on(11).
The importance of knowing the objectives Imam Shatibiu, one of the scholars
who spoke in more detail about this science in his book "Muwafekat", say: "Allah requires from his slaves that their work be in compliance with His legislation. .... just as the slave is required not to contradict the lawgiver's intention in his actions (Allah)also as it has come in the hadith narrated by abi Hurairah "(12).
The importance of knowing the objectives of the Sharia is also seen in its usefulness for scholars: Ibn Ashuri at the beginning of his book: "Mekasidu- shariatil-islamije" says: "In this book I aim to clarify the objectives of the Sharia … to offer scholars of religion a reference for different situations, when their thoughts and attitudes do not match, when times change. So as to reduce the disagreement between the scholars, to exercise their followers for impartiality when choosing positions, to weaken the flame of fanaticism and division, to direct people to the truth, to help Muslims in difficult situations when issues are complicated and when different situations require answers"(13).
The question arises whether the knowledge of the science of Mekasid is important only for the mujtahid or even for ordinary people?
The renowned scholar Ibn Ashuri says: "It is not necessary for every person to know the science of Mekasid in detail, considering that this science is one of the most precise sciences and the common man has the right to know the Sharia without knowing the science of Mekasid… while the scholar must still know this science(14).
Not each of us can fundamentally know the objectives of the Sharia and then define each one in its own place and judge according to them.. This judgment belongs only to the scholars who, with all the knowledge potential they have, they try to reach the issue of provisions and the recognition of goals. Obviously this science is useful for every Muslim, while to know this, only the science of Usul is not enough, but in any case, other sciences of ijtihad must also be known.
It should also be noted that some scholars of Islamic sciences think that the objectives of Islamic legislation are an inseparable part of Usul-fiqh., even some of the scholars consider it as its basis(15).
In the following we will highlight some groups clarifying the importance of knowing the science of Mekasid.
The importance of recognizing Mekasid by the mujtahid, the judges, prince(16).
The mujtahid, however, must know this science in order to reach the correct understanding of the Noble Qur'an and the Sunnah of Muhammad, peace be upon him.. Also in Ixma (consensus) it may happen that a provision is known only when its objective is known, and in Kiyas (analogy) the same thing can happen. However, the Mekasid contributes to the illumination of the path of the mujtahid in recognizing and deriving the provisions of the Sharia., whether they are basic, primary or secondary from the sources of Islamic jurisprudence. Just as it helps them to understand the Qur'an and the Sunnah correctly, it also helps them to achieve their goals during their implementation. In case of lack of Quranic verse or Hadith for any legal issue, knowledge of the maqasid plays an important role for the orientation of the mujtahid in deriving the provisions from other sources of the sharia.
Likewise, the judge must set these objectives in front of his eyes and know them well in order to light the way and judge fairly..
Even the leader must have knowledge about this science, even many scholars and scholars think that the behavior of the leader is related to the realization of people's interests(17).
Seeing the importance of knowing the science of Mekasid for scholars of religion, we are mentioning some benefits of knowing Mekasid:
General knowledge of Sharia and correct perception of the entirety of Islam, represents his preparation in breaking down the provisions and realizing them in the best and most useful way for man.
Mekasidit's study clarifies pure and sound intentions, which the sharia proclaims in every provision, it also understands the noble purposes with which the prophets came and the holy books were revealed. This adds to the scholar's conviction in divine revelation, love in prophetic sayings, practicing his religion and staying on the right path.
Knowing the Meqasid helps to compare the issues and to choose that which is compatible with the goals of the Shariah by approaching the good and avoiding the bad..
Knowledge of the science of Mekasid represents the goals to which people should be called, makes him visionary and far-sighted in the ways and methods to bring benefit to society.
The importance of recognition of Mekasid by callers and educators.(18)
A rule tells us: "What he does not possess, you can't give it to someone else".
You cannot educate someone and give them knowledge when you do not possess it yourself. It is precisely the summoners and the educators who need this science and as far as they are concerned it is indispensable, as we explained above. With the recognition of these objectives, they know the essence of Sharia in general. Thus they carry a sacred duty by which they help to realize the general interests of the people and to remove the harmful from them., through this they reach the pleasure of Allah and happiness in this world and salvation in the next world.
The importance of knowing the maqasid mga all Muslims and non-Muslims.(19)
unknown, for, that every Muslim should have knowledge about this science. By knowing it, the Muslim manages to remove any doubts he has in his thoughts, especially at a time when we live among many different currents., THAT, with all the potential they have, they try to put on Islam the cloak of deception, which absolutely does not belong.
As for non-Muslims, equipping them with knowledge about Meqasid and Islam in general enables them to obey and accept the purity of Islam and embrace it themselves. Ka shumë njerëz që kanë pranuar Islamin kur i kanë mësuar këta objektiva.

 

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