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MAQASID SYARIAH-PROTECTION OF DIGNITY OR LINEAGE (AL-‘IRD)
Maqasid Syariah is one of the important element as the philosophy of Islamic Law. In linguistic meaning, Maqasid can be define as follow, a goal or an objective meanwhile Al Syariah can be define as the rules that god reveal to Prophet involving all aspects of life such as muslim lifestyles, family matters, finance and many more. Maqasid Syariah are the objective or the purpose behind Islamic ruling. Maqasid Syariah comprises those benefits or advantages behind the revelation of Islamic Law. Its aim at the welfare of the people in this life hereafter, and for this purpose it has advised people to adopt such means and and measures that may give advantage benefits or well-being to them and may ward off injury or loss from them. Even the rules in Islamic Law sometime was not clear about the objective of its implementation, and Maqasid Syariah was established to make the objectives was clear to the Muslim life. For example, paying zakat to the asnaf generally was brought loss to the payer property but according to the Maqasid Syariah philosophy it has another reason which it implementation has more benefits than harm.
Many jurist has tried to explain the aims of Shariah upon which it is established. Among the outstanding figures are the Maliki School of Law, Abu Ishaq Al Shatibi, Shafi’e School of Law, Al-‘Izz ibn Abd al Salam, and the Hanbali School of Law , Ibn Qayyim Al Jawiziyyah. . One of the well-known Zaytuna Imam and Great Islamic scholars of the 20th century is Shaikh Muhammad Al-Tahir Ibn Ashur. His publication of Shaikh Ibn Ashur’s Treatise on Maqasid Al-Shari’ah being translated is a breakthrough in studies on Islamic Law in the English language. In this book, Ibn Ashur proposed Maqasid as a methodology for the renewal of the theory of Islamic Law, which has not undergone any serious improvement since the era of the great imams. The objectives of the Syariah (Maqasid Syar’iyyah) can be divided into three, namely the essential (daruriyyat), the complementary (hajiyyat), and the embellishments(tahsiniyyat). The essentials (daruriyyat) can be further divided into the protection of the five fundamental values, which are necessary for human life. Ibnu Ashur has gone many serious developments since the era of the great Imams. Being quite courageously, Ibnu Ashur also addressed the sensitive topic of the intents or Maqasid of Prophet behind his actions and decisions.
Next, Hajiyyah is all such of provisions of sha’riah which aim at facilitating life, removing hardship, are said to fulfil the Hajiyyah (requirement). For example, permission of hunting and use of halal goods for foods, lodging, and conveyance. Besides. The permission for qirad (profit sharing through borrowing),musaqat (profit sharing), bai salam (forward buying of a commodity which does not yet exist), are the example of the sha’riah provisions that aim at facilitating life or removing the hardship in the life in this world.
For Tahsiniyyat (embellishment), shari’ah beautifies life and puts comforts into it. There are several provisions of shari’ah which are meant to ensure better utilization, beautification and simplification of daruriyyah and hajiyyah. For examples, permission to use beautiful, comfortable things, to eat delicious food or to have cold drinks.
In Daruriyyah, it is divided into five fundamental values which is Protection of Religion( al-din) , Protection of Life( al-nafs), Protection of dignity or lineage( al-‘ird), Protection of Intellect (al-‘aql), Protection of Property(al-mal).(Al-Ghazali said “preventing the loss of these five fundamentals and protecting them can never be neglected in any religious community (millah) or legal system that is meant for the good and well-being (sulh) of human beings…and this would be a consideration of a Maslaha that we know by necessity was intended by the syari’ah”). (Al-Shatibi mention that the knowledge of these five daruriyyat is definitive, and the certainly of this knowledge does not depend on one specifiec or single proof, however the knowledge of these five are congruent with the purpose of the shari’ah rather flows from multiple proofs that are not confined to one particular sort (bab). These five fundamentals must be preserved in order to maintain the category of Dharuriyyat.
But the one that we are focusing is The Protection of Dignity or Lineage (al-‘ird). In The Protection of Dignity or Lineage (al-‘ird) , Islam has regulated the relationship in the society between the men and the women in order to achieve the protection of dignity of lineage and avoid the misbehaviours. The Protection of Dignity or Lineage (al-‘ird) include the protection of individuals rights and respect their privacy. In this regards Islam prohibited adultery in order to protect dignity. Islam impose some punishments for those who are involve adultery activities, on the order hand impose punishment for those who are involve in false accusation as way to protect privacy of the individual. Allah said in Surah Al-Isra’, ayah 32,” And come not near unto adultery. Lo! it is an abomination and an evil way. This verse Allah has forbid us from doing anything that can lead us to the adultery. Because of that, we as a muslim has been given a guide about how to protect ourselves from commit adultery. For examples about dressing arrangement for Muslims, manners when communicating among others gender and many more.