Hello Classmates!
RELATIONSHIP BETWEEN QAWAID
FIQHIYYAH AND MAQASID SHARIAH
PREPARED BY: GROUP 6
Group SITI HAJAR BINTI MOHD RUZAINI
Member (273316)
NUR A'MILIN BINTI SHAHARIN
(273325)
NUR NADIAH IZZATI BINTI MOHD NAZRI
(273645)
NOR FAQIHAH NADHRAH BINTI ABDUL WAHAB
(273361)
BIMS2093 QAWAID FIQHIYYAH FOR BUSINESS (GROUP B)
Qawaidh
Fiqhiyyah
A broad rule that may be used in a range of scenarios
that come within common rulings
Qawaidh Fiqhiyyah
Matters are determined by Hardship begets facility Certainty is not dispelled by doubt
Intentions (Mashaqqah Tajlibu Al Taysir) (Al Yaqin La Yuzalu bi al Syak)
(Inama A’mal Bin Niyah) any restriction that makes its execution There is something certain cannot be
difficult for a person or inhibits a replaced by mere doubt, but it may be
every action a human take must be replaced by a similar level of assurance
motivated by his will and desire specific individual from doing an action
for a number of reasons. . "Indeed, God is aware of all people do."
"Actions are solely by purpose, and (Surah Yunus verse 36)
every man should obtain exactly what "He has selected you and has not
imposed any difficulty on you in
he meant..."
(According to Bukhari and Muslim religion."
(Surah Al-Haj verse 78)
Qawaidh Fiqhiyyah
Injury Must be Removed Custom is Authoritative
(Al Darar Yuzal) (Al Adah Muhakammah)
The harm must be eradicated while Custom, whether public or private, acts
keeping in mind the relevance of the as an arbitrator to sustain a valid
religious judgement
previous injury
. "Whatever is regarded as excellent by
that anything that creates a threat, as Muslims is favourable to Allah,"
well as the threat itself, must be
eradicated ( Prophet Hadith recorded on the
authority of Abdulla bn Masood)
MSahqaarisaidh Dharuriyyat (necessity)
religion, life, intellect, property, lineage
Hajiyyat (necessities)
marriage, transportation.
Tahsiniyyat (complement)
house and beautiful clothes
Maqasid Shariah
Protection of Protection of Protection of
intellect
Religion Life
As Allah SWT has given humans
The need to avoid doing anything Preserving dignity, brotherhood and the gift of intellect, humans are
that would undermine the social equality, justice, security of life, nobler than other species. It is
our responsibility to take care
fundamentals of Islam's status as property and good governance,
the Federal Religion while also equitable distribution of income and of this gift.
allowing for other faiths to be wealth, stable marriage and family life,
social cohesion, and crime reduction as
practised in harmony and peace
well as peace and stability
Maqasid Shariah
Protection of Protection of
Lineage Property
In Islam, marriage is one of the A property in this field generally
ways to preserve family lineage, involves specific procedures, which
adultery is prohibited and any start with owning, controlling, and
road leading to adultery is closed
since such activities can harm spending a property. In order to
preserve property, Islam forbids
lines
theft, robbery, and the like.
Literature Review
Maqasid Shariah Maqasid Shariah is an Islamic jurisprudential discipline that incorporates parts of usul al fiqh and qawa'id al-
Definition fiqhiyah (Muhamamd Ridhwan Abdul Aziz, 2014).The author illustrates that Maqasid al-shari'ah refers to the
goals of Shari'ah law in governing actions and human conduct in different domains of human existence, ranging
Maqasid Shariah from ritual practise to political government.
Goals
Norashikin Ahmad exponded in her article It is the purpose and knowledge of hukm obliged to humanity to
Maqasid Shariah accomplish in the pursuit of mardatillah that is referred to as maqsid al syariah (Norashikin Ahmad, 2017).
objectives Each individual has the responsibility to live a fair and virtuous life, and to act and think in ways that benefit the
whole world's inhabitants (Mohamed Saladin Abdul Rasool, 2020).
Types
Ali that underlinded the objectives in this maqasid shariah for humanity's good, Islamic law aims to assist
humanity in this world and the next also strives to enrich the people and safeguard them from corruption and
evil, according to conventional wisdom (Ali, 2012).
Maqasid shariah may be employed in numerous facets of life and related to various scientific fields in order to
give answers to various human life issues (Tamyiz Mukharrom, 2020).
In addition to that, the goal of Maqasid Shariah is to safeguard not just religion but also life, intelligence, and
lineage as well as property and of all of these goals fall under the heading of Maqasid Al-Dhoruriyyah which
called as essentials objectives (Usman Safiyanu Duguri, 2021).
Maqasid Syariah(Dhoruriyyat) is desperate, compelled, and inescapable. Maqasid Shariah encompasses
religion, life/soul, intellect/mind, descent/dignity, and property/wealth. Islam condemns bad conduct in
Dhoruriyyat to maintain these five things (Embong, 2015).
Literature Review
cont..
Maqasid shariah To understand shariah by fiqh efforts, it is necessary to follow the rules in effect, but fiqh might
related to legal change such that fiqh should, in fact, follow inspiration. This can be proven, for example, by
assuming that the fiqh follows inspiration if a carpenter is working with wood and a metre, then
maxim ideally the wood at the cut should follow the metre; nevertheless, this can be shown by
supposing that there is a carpenter who works with wood and an inch and vice versa (Thalib,
2018).
Nowadays there have many issues that arise from the current issues, therefore there need to
relate to the legal maxims and also It is a portion of Islamic law that has been incorporated in a
form that is based on nawazil, which translates to "new instances in society (Saadan, 2012)
AL-UMUR BE MAQASIDIHA
DEFINITION: Al-Umur bi Maqasidiha is based on hadith: “Actions are according to
intentions, and everyone will get what was intended”
ISSUE:
1.Protection of religion:To make the prayer valid, we should include the intention in
the heart during “takbiratulihram”.It's not obligated to put intention in the heart
during takbiratulihram when you perf.orm prayer alone but it is obligated for
congregational. The purpose is to difference between makmum and iman.
2.Protection of religion:Most of us especially women combine the intention of
sunnah fasting and qadha. There is a discussion among scholars, is it permissible
to fast the sunnah six Syawals if a person has a debt of Ramadan fasting that has
not been qadha. There have two opinion, some of scholars permissible and some
of them not agreed.
AL-YAQIN LA YAZUL BE ASH-SHAKK
DEFINITION: The ruling of the original scythe cannot be abandoned or abolished due to
the feeling of suspicion in the heart or doubt.
ISSUE:
1. Protection of Life :The first that related with this legal maxim is feeling doubtful
during performing the prayer. The problem develops when someone is praying yet is
concerned about the past wind during the salah. If you have any doubts or are
unsure about any of these issues, simply i.gnore them and disregard them.
2.Protection of religion : Someone prays salah but is unaware about the rakaats.
Qaidah No. 2 declares, "What is proven true with certainty cannot be annulled
without evidence." This Qaidah indicates that whomever has done anything and
wonders whether he accomplished more or less than necessary, his conclusion
should be based on the smaller number as it is true. When doing salah, we might pick
a less number to be considered as having finished it, which protects the faith.
AL-YAQIN LA YAZUL BE ASH-SHAKK
CONT..
ISSUE:
3. Protection of Wealth : Lastly, the situation when the khilaf is happen among the seller
and buyer about the value of the goods that have been sold by the seller to the buyer.
When arrived the home, the buyer has found out that the goods have been defected. A
defect could be that the bag has a little hole in it or that the zip is broken. If the buyer
wants compensation, he or she must provi.de proof, such as a receipt, as well as the
broken goods. Qaidah No 1 have mentioned that “non-liability or man is absolved from
guilt, blame or responsibility for any wrong deed in principle”. It is clear that this issue
can protect wealth, and if the customer can show proof, the seller must give the
customer a new bag as compensation.
AL-MASHAQQAH TAJLEB AT-TIYSIR
DEFINITION: Masyaqqah or difficulties that will be the reason for the dryness and ease
based on this method (masyaqqah tajlibu al-taisir) is a masyaqqah that goes beyond
the normal limits and cannot be borne by humans in its habit, can even harm oneself
and prevent it from doing useful charity work
ISSUE: .
1.Protection of Life: We found that the key considerations in assessing
orthognathic surgery from an Islamic perspective for patients with this dentofacial
deformity are the difficulties (masyaqqah), the amount of injury caused to the
patient, and the objective of the operation. We'll see whether these procedures
affect Allah's creation or vice versa.
AL-MASHAQQAH TAJLEB AT-TIYSIR
CONT..
ISSUE:
2. Protection of Lineage: Polygamy where Islamic law allowed men to have more than
one wife, but each man could only have four wives. Polygamy helps males satisfy their
sexual and psychological needs and protects women from immoral acts such as
prostitution. Islam protects women from sexual violence. Thus, controlling adultery
and homosexuality is a goal of polygamy. .It lets a person fulfil his or her sexual and
psychological wants and keeps society free from sexually transmitted diseases (STDs)
like HIV etc.
LA DARAR WA LA DIRAR
DEFINITON : Generally one of the important policies in the Islamic Shariah. It shows
how much the Islamic Shariah cares about things that benefit people as a whole and
prevent them from doing harm to themselves and society.
ISSUE :
1. Protection of wealth :The tenant has le.ft the plant without advice anything to the
landlord, so what is the law that can be used through this legal maxim (la darar wa
la dirar). If the landlord pays the original tenant or receives permission from the
master, he may take the plant's produce. During the lease term, he cultivates the
plant. The host keeps or removes the plant. He may buy, re-lease, or remove the
plant and compensate the tenant.
LA DARAR WA LA DIRAR
CONT..
ISSUE :
2. Protection of lineage :Fasakh is the way out of marriage when there are disgraces
that have been declared through syarak. Basically, the jurists have specified many
disgraces that are permissible to lead to the allegation of fasakh. The woman might
claim the fasakh in her marriage if there is a. dishonor in the husband and the poverty
of life thus rendering him unable to provide for the wife. So, the lady might ask Fasakh
to avoid being limited and upset in her marriage.
AL-ADAH MUHAKAMMAH
DEFINITON : Al-'Adah Muhakkamah is the fifth method of main fiqh rules, while there
are several other furu' methods. Al-'Adah Muhakkamah in language is taken from the
word al-aud or almu'awadah which means repetitive.
ISSUES :
1.Protection of life : Istihadah or menstrual blood. A healthy woman's cervix bleeds
predictably and without reason. Som. e women experience istihadat beyond
menstruation and nifas. Istihadah does not have a period. Yesterday's period
lasted 24 hours, which is better than the 15-day norm. Based on this, blood that
comes out between 15 days and 15 nights is punished with menstrual blood,
regardless of custom or blood color. If a woman's menstrual blood and istihadah
mix for 15 days and 15 nights, she is termed a "mustahadah" woman. Istidahah must
pray since it's not menstruation blood. She must pray if she doesn't.
AL-ADAH MUHAKAMMAH
CONT..
ISSUE :
2. Protection of wealth : economic (ijab and qabul). Ijab and qabul are legal trading
pillars. Second is ijab qabul, a seller-buyer agreement sighat. One person pays for
something, the seller gets the money, and a change or surrender occurs without
words, or sometimes just one side talks. Both seller and buyer like the price. Some
scholars say it's permissible to sell bread, a cake, a cup of coffee, and meat for a little
amount without ijab and qabul if the selle. r and consumer agree on the price and
item.Therefore, everything that is sold or purchased by the public without ijab and
qabul because it has become the norm and has been accepted by them as a buy-to-
let no matter what its value, so trading in such a way is valid.
SUGGESTIONS
Fairly common and can be applied to any scenario
1.TikTok is one of the best social media tools for spreading
awareness about any topic related to the 5 values:
protection of religion, life, intellect, lineage, & property.
Islamic influencers that have TikTok account can used for
spread the awareness of Islamic teaching
2.School’s teachers can play a role in educating young
about Islamic teachings related to the five values.
3.Minister of education update the syllabus in “Pendidikan
Islam” subject by adding the topic of Maqasid Shariah
since primary school
CONCLUSION
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Thank you GROUP 6
for listening!