THE PRICIPLES OF FIQH: AI-Masalah AI-Mursalah

The sharia rulings have been made for the benefit of mankind. The benefits may come in three ways:

1. Guarding of Ad-Daruriyyaat al-Khams (the five necessities) i.e. the religion, the soul, the intellect, the wealth and the honour. These five things are to be necessarily protected in Islaam. This protection is known as daru almafaasad (warding off evils). The Shariah laws guarding these five things are referred to as ahkam ad-daruriyyaat.

2. Meeting the Haajiyyaat: This refers to things that would cause some difficulties for one in ones ibaadaat (acts of worships) and muamalaat ( mutual relations and businesses) if not taken care of. The Shariah laws concerning this are referred to as ahkaam alhaajiyyaat.

3. Making provision for the Tahseenaa: This refers to things which are meant to better and improve ones living and also to imbue one with noble characters. The Shariah ruling concerning this are known as ahkam at-Tahseenah. However, generally speaking benefits are classified into three according to the scholars of Usool. They are:

One: Al-Maslah al-Mutabarah: This refers to the benefits which the Shaari Himself considered and made laws regarding them. For example in order to protect the five daruriyyaat (i.e. the religion, the soul, the wealth, the intellect and the honour) Allah instituted jihad and the killing of whoever apostatizes from the religion of Islam. Otherwise any might decide to go out of the religion of Allah any time he or she desires and this will result into playing with the Deen of the Lord of the Universe.

He also instituted the law of vengeance when somebody kills another person unjustly so as to protect the souls of mankind from being taken indiscriminately. He also instituted the penalty for theft in order to protect the wealth of the people. Likewise He made punishment for fornication and adultery in order to protect the honour. And He also gave the penalty for the consumption of intoxicants so as to protect the intellect. He also permitted marriages and buying and selling in order to provide for the needs of the people.

Two: Al-Maslah al-Mulghaah: This refers to things that the Shaari did not consider as benefits and the Shaari prohibited them, although human being might see them as benefits. But Allah is the Creator; He knows better what is beneficial to His creatures from what is not.

An example of this is the forbiddance of all forms of intoxicants. Allah, the Exalted, says: "They ask you concerning wine and games of chance. Say In both there is great sin and harm and also some advantages for men, but their sin and harm are greater than their advantage" (Q2[AIBaqarah]:219)

Hence whatever benefit man claims he gets from intoxicant is outweighed by the harm contained there in. For this reason Allah prohibited it. And there is no dispute among the scholars that AI-Maslah al-Mulghaah should not be considered. Insha Allaah next edition we shall be discussing al-maslaha almursalah.

This article was culled from the publications of Deen Communication Limited

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