Maqasid Daruriyyah Al-Kulliyah (Universal Essential Objectives) in the Preservation of Nature

Journal of Critical Reviews

ISSN- 2394-5125 Vol 7, Issue 11, 2020

MAQASID DARURIYYAH AL-KULLIYAH (UNIVERSAL ESSENTIAL OBJECTIVES) IN THE PRESERVATION OF NATURE

Sumayyah Abdul Aziz1, Hapiz Mahaiyadin2, Rahimah Embong3*, nurul Amirah Alias4

1Faculty of Islamic Contemporary Studies, Universiti Sultan Zainal Abidin, Malaysia. 2Academy of Contemporary Islamic Studies Universiti Teknologi MARA Shah Alam, Malaysia. 3*Faculty of Islamic Contemporary Studies, Universiti Sultan Zainal Abidin, Malaysia. [email protected] 4Faculty of Islamic Contemporary Studies, Universiti Sultan Zainal Abidin, Malaysia.

Received: 07.04.2020 Revised: 14.05.2020 Accepted: 05.06.2020

Abstract Islam is a harmonious religion that preserves universal significances in all aspects of human life. Islamic law (Shariah) that is based on two major sources namely, the Holy Quran and the prophetic traditions (Sunnah) aims to preserve maṣ laḥ ah (goodness) and avoid the muḍ arrah (harm). In order to achieve the true meaning of Islam, a comprehensive understanding on any contemporary issues needs to cover all aspects of life and must be perceived from Islamic weltanschauung. This study uses inductive, deductive and comparative methods. The issues of pollution and natural disasters resulted from human actions and errors provide an indication the need to understand the obligations of preserving nature in the paradigm of maqasid al-shariah (objectives of Islamic law). This study has found that ḍarūrah kulliyah (universal essential or necessity) in the context of maqasid al-daruriyyah (objectives of essentials) as an important indicator for awareness of environmental preservation. Keywords: Maqasid Daruriyyah (Objectives of Essentials), Al-Kulliyah (Universal), Nature Preservation.

INTRODUCTION Ḍarūrah (Necessity) is mentioned five times in the Quran and all Whereas the verse related to harm has been mentioned in the meanings are referring to the kind of foods that are prohibited by Quran: Islamic law. For instance, Allah SWT mentions: “And spend in the way of Allah and do not throw [yourselves] “He has only forbidden to you dead animals, blood, the flesh of with your [own] hands into destruction [by refraining]. And do swine, and that which has been dedicated to other than Allah. But good; indeed, Allah loves the doers of good” whoever is forced [by necessity], neither desiring [it] nor (Chapter al-Baqarah, verse 195) transgressing [its limit], there is no sin upon him. Indeed, Allah is Shariah aims to facilitate human affairs in the context of adaption Forgiving and Merciful” to daily life. So that, Allah makes ease to his servants when they (Chapter al-Baqarah :verses 17) are in hardship, some rulings might be flexible and applicable. In addition, ḍarūrah is also mentioned in a different context in: Elements of restraining hardship and expanding limitations are “Not equal are those believers remaining [at home] - other than fundamental of shariah as well as these are based on the Quran the disabled - and the mujahideen, [who strive and fight] in the and Sunnah and consequently, some essential rulings have been cause of Allah with their wealth and their lives. Allah has derived from those fundamentals (Bakr Ismail, 1999). preferred the mujahideen through their wealth and their lives over those who remain [behind], by degrees. And to both Allah For instance, the method of ‘al-Ḍarar Yuzāl’ (the harm is being has promised the best [reward]. But Allah has preferred the eliminated) is the most important method in Islamic mujahideen over those who remain [behind] with a great jurisprudence as it derives the application of various rulings in reward” fiqh . (Al-Zainī, 1993). This method means that harm happens, it (Chapter al--Nisa verse 95) must be eliminated because Islam protects human being from Most verses related to ḍarūrah in the Quran other than the any harm. chapter al--Nisa emphasize in the context the prohibition of eating carcasses, dead bodies and illegal slaughtering. All of these DEFINITION OF DARŪRAH only focus in the context of eating illegal food in the state of Etymologically, Darūrah is included in the recognition of need emergency or ḍarūrah. A question has arisen ; whether the (hajaah) as one of its meanings. “And the man who has darūrah concept of ḍarūrah specifically consuming or doing illegal acts in and darūrah: that is has hajaah” (Ibnu Manzhur, 1988). This is the context of ḍarūrah that could be derived from this Quranic supported by Kafawi by defining ḍarūrah as hajaah or needs verse or could be extended its limitation into other darūrah (Kafawi, 1998). situations? (Abu Sulayman, 2002). In another study, mufassirin The root of the word dhar which means something contrary to (the writer of a commentary on the Quran) interpreted the benefits (Ibni Faris, 1981), darūrah which carries the meaning of meaning of ḍarūrah into two divisions; the first is extreme mashaqqah ḍarūrah (necessity hardship) brings the meaning of hunger and the second is life-threatening situation, so that if a hajaah (needs), ḍarūrah which means difficulties and needs that Muslim is threaten to take illegal food, then he is permissible to could not be managed. do so. This is the view of Imam Fakhruddin Ar-Razi and Imam Qurtubi (al-Qurtubi, 1993). Those who are desperate or ḍarūrah Technically, Muslim scholars have different views on ḍarūrah. has fallen into both categories; those are facing darar (danger) Most of them relate to the urgent need to eat illegal foods or and those are defending themselves from harm such as force beverages. Imam Sayuti (1983) elucidated: "Ḍarūrah is to reach a from the cruel people, or hunger due to oppression of enemy. In certain level if it does not eat what is forbidden, it will lead to this situation, the ruling of prohibition will be exempted and it harm or nearly bring to harm, therefore it is necessary to eat turns into permissible (Al-Jassas, 1992). what is forbidden." This definition does not cover all aspects of

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ḍarūrah meaning and but only covers certain specific situation ii. Ḍarūrah Maknawi: only. Meanwhile the aspects of ḍarūrah are very extensive and Any harm that removes maṣlaḥah not in terms of property or very numerous. As a consequence, al- Raysūnī (2007) gives more financial or related to it. When it is prevented from using broad definition of ḍarūrah that is referring to an urgent something, it will cause harm to other things. For example, a situation that requires the necessity to do something that is trustee who refuses to hand over the goods to the owner or the forbidden by Shara. borrower who does not return the loan. Both situations cause mudarah to the owner due to negligence in the duties and In addition, the definition of ḍarūrah in terms of Fiqh (Islamic responsibilities assigned to him. jurisprudence) has various meanings. Some Muslim scholars do not define darūrah in a particular limited meaning. The term Specific Category ḍarūrah is defined as mafsadah or something bring harm and a. Ḍarūrah based on its causes can be divided into two : sometimes as something destructive. Abdul 'Alim, Usama, 2007 i. Ḍarūrah due to samawi circumstances, such as draught that mentions in his book "La Dharar wa la Dhirar" (No harm and no bring into starvation. Ḍarūrah caused by non-samawi harmful) about the harm that results in making destruction circumstances such as force by the oppressor. towards other " This covers all types of harm including mafsadah, This division is based on the words of Allah Taala: destruction in all aspects of deeds that cause harm whether Translation: Whoever disbelieves in Allah after his belief... except external form such as property and physical or internal forms for one who is forced [to renounce his religion] while his heart is involves dignity and emotions. secure in faith. But those who [willingly] open their breasts to Contemporary jurist or fuqaha made conclusions and defines disbelief, upon them is wrath from Allah, and for them is a great ḍarūrah as “mafsadah that causes destruction to other things” or punishment; “All kinds of suffering faced by an individual that bring harm to (Chapter Al-Nahl verses 106) property, body, dignity or emotion”. (Al-Zuhaily, 1993). b. Darūrah in terms of preservation of ḍarūriyyāt al-khams Therefore, any harm to the body, limbs, emotions or dignity is (five essentials) by maqāṣid shari‘ah. A-Nadawi (1999) and considered as ḍarūrah in the principles of Islamic law. However, al-Hariri (1998) mention that ḍarūrah to protect religion, ḍarūrah in this scope is still in one-way dimension and does not for example killing infidel women and children who are yet include the true meaning of ḍarūrah in Islam. It still opens for involved in fighting against Islam. Ḍarūrah to protect life, further discussion. for example eating the forbidden food to continue life. Ḍarūrah to protect mind, such as taking medicines from The chosen definition for ḍarūrah is a situation that forces a prohibited ingredients to prevent from mental illness. person to do something that is forbidden with confident or fear Ḍarūrah to protect progeny such as giving property to an that will destroy his maṣlaḥah ḍaruriyyah. This definition was extremist to save Muslim women's dignity chosen by Abdul Wahab bin Ahmad Khalil bin Abdul Hamid. c. Ḍarūrah in terms of sources is divided into two: Similarly, Salih bin Sulaiman al-Yusufi recommends this i. Ḍarūrah that is based on divine jurisdiction. Ḍarūrah has definition in his master thesis entitled “Method of Masyaqqah been mentioned five times in the Qur'an and all are Tajlibu At-Taysir”. This definition give implication on dynamic referring to the kinds of foods that are forbidden by shara’, ruling in applying contemporary rulings in order to preserve the for instance: universality (kulli) of rulings while observe the limitations of the Translation: He has only forbidden to you dead animals, blood, concept of real ḍarūrah (al-Qarāfī, 1993). As a result, the the flesh of swine, and that which has been dedicated to other framework al-ḍarūrah uṣūliyyah maqāṣidiah al-kulliya concept than Allah. But whoever is forced [by necessity], neither desiring should be developed. [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful. Categories of Ḍarūrah (Chapter al-Baqarah verses 173) According to Abdul ‘Alim Usama (2007), the classical fuqaha did Ḍarūrah is also derived from the meaning without words (lafaz) not elucidate the divisions of ḍarūrah in Islamic jurisprudence. in the Quran as mentioned in: Darūrah can be divided into two categories namely general and Translation: Whoever disbelieves in Allah after his belief... except specific. for one who is forced [to renounce his religion] while his heart is He further outlines the general divison of ḍarūrah as explanation secure in faith. But those who [willingly] open their breasts to derived from the word ḍarar and then used for the meaning of disbelief, upon them is wrath from Allah, and for them is a great harm. punishment. (Chapter Al-Nahl verses 106) General Category ii. Ḍarūrah that based on ijtihad (independent reasoning). In a. External or Physical Ḍarūrah the Qur'anic verse mentions that the consumption of certain This kind of darūrah involves human body or property. kinds of illegal food is permissible during ḍarūrah. Scholars i. Bodily Harm analogize this lafaz to the whole illegal food, as mentioned Bodily harm is any harm that happened to an individual in the by al-Ghazẓālī (n.d) in Syifa’ al-Ghalīl. form of wound that may be healed or lead to disability to work or d. Ḍarūrah in terms of its effect is divided into two ḍarūrah am any harm that causes the difficulties to seek sustenance and so and darurah khas. The former involves the entire Muslim on. Such harm can occur in two aspects, either in total or partial community or majority of them such as war or earthquakes. (juziy) destruction. While latter involves certain Muslim individuals or minority of them such as starvation or coercion. ii. Property Harm e. Ḍarūrah related to period of its validity that is divided into Any harm happened to an individual that causes loss to his or her two: property whether financial loss, or decrease benefits of property i. Eternal ḍarūrah such as diseases that have to consume or defect the value of assets (Abū Zayd, 1996). medicine from illegal sources. ii. Temporary darūrah is like drought caused hunger. b. Non Physical Harm (Al-Nadawī (1999), al-Hariri (1998) and Abd al-Laṭif `Abd al- i. Ḍarūrah Adabi: Rahman (2003)) Non-property harm, including any harms that affect an f. Ḍarūrah related to right is divided into two: individual’s honor, pride or dignity whether in the forms of word i. Ḍarūrah that is related to Allah’s rights, for example or deed (Abū Zayd, 1996). ḍarūrah which leads to doing illegal deeds such as uttering the words of disbelief when being threatened.

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ii. Ḍarūrah in relation to human rights, for example, the Relationship between Ḍarūrah and Maqāṣid Shariah ḍarūrah that causes someone to take over the rights of In the context of relationship between ḍarūrah and maqāṣid others. In this situation according to Muṣtafa Ahmad al- shariah, it is found that maqāṣid aims to obtain maṣlaḥah and Zarqa’ (2003), the other person's rights still need to be avoid mafsadah. It is regarded to division of maqāṣid into replaced based on the method:- maqasid darūriyyah, magasid ḥājiyyah and maqasid tahṣiniyyah. Translation: Ḍarūrah does not invalidate the right of others. This division is based on the efficacy of the maqāṣid itself. The g. Ḍarūrah in terms of ruling of its practices is divided into : importance of maqāṣid becomes a mechanism for mujtahid i. Ḍarūrah which is compulsory to do it such as eating carcass (authoritative interpreter of Islamic law) to review the new during starvation. ruling related to darūrah, hence ijtihad (independent reasoning) ii. Ḍarūrah which is permissible to do it like uttering the word issued has no syaz and does not violate the objective of the of disbelief. jurisprudence.(Rashid Salhath, 2012: 53). h. Ḍarūrah in terms of its impact on Islamic law is divided into two: The distinction among Uṣuliyyūn in defining maqāṣid in Islamic i. Ḍarūrah that ignore the original ruling of a matter such as law are due to different views. According Jaṣ ir ‘Awdah (2012: 31) prohibition is changed into permissible till become part of the meaning is resulted from the differences as follows :- mandatory.. i. Category of ḍarūrah in different writing of classic school ii. Ḍarūrah that does not disregard the original ruling of a legal thoughts. matter that is prohibited but only lifts up the punishment in ii. Matters of rulings related to maqāṣid method. the Hereafter such as declaring disbelief or taking other’s iii. Aspects that covered maqāṣid rights during ḍarūrah. iv. Status of maqāṣid in general and specific aspects

DEFINITION OF MAQASID From the review of Jasir Awdah (2012: 32) , it can be identified Etymologically, Maqā ṣ id is derived from the root word qasd that the first factor in discussing framework of maqasid is its which means istiqamah al- tariq or the righteous straight path as categorization from the status of ḍarūrah in e Maqāṣid. Thus Allah mentions: ḍarūrah could be understood in the context of the maqāṣid encompassing darurah in the form of darūriyyat, ḍarūrah Translation: And upon Allah is the direction of the [right] way, ḥājiyyah and ḍarūrah taḥsinīyyah. In terms of maqāṣid al- and among the various paths are those deviating. And if He ḍaruriyyāt, Muslim scholars such al-Shāṭibī, 2003) have divided willed, He could have guided you all. it into five sections which are maqāṣid of religion, life, intellect, (Chapter al-Nahl verses 9) progeny, property, and added preservation of dignity as part of While al-sharī ‘ah according to Ibnu Manzhur (1988) gives the Maqāṣid al ḍarūrah or ḍarūriyyāt. meaning: Path, religion that is ordained by Allah consisting of aqidah (doctrine) as well as rules and regulations or minhaj al- Undeniably, contemporary Muslim scholars need to analyze the tariq. previous scholarly methods to be developed, in both Muslim and Western traditions. This process is to determine the origin of the Technically, the term maqāṣid was introduced under different methods and then propose various possibilities for development, terminologies till the end of second century after the completeness, or rejection. The traditional method has been development of Islamic scholars then. In general, classical Islamic criticized by Louy Safi (1998) as being more legal, more scholar had discussed the term maqāṣid shari’ah without giving technical, linguistic, and too meticulous. Notwithstanding those its own specific definition instead of defined maqāṣid in relation criteria are true about that method, this view seems ignores the with istidlal (legal reasoning) and ‘illah (cause). Al-Juwāynī existence of classical thought that sought to balance such included maqāṣid with discussion of kulliyah (universal) while extremes thoughts. For example, the theory of maqāṣid al-Ghazẓālī discussed istidlal in maṣlaḥah. Al-Ghazẓālī (2008: developed by al-Shāṭibī aims to organize the science of fiqh 286) introduced the concept of māqasid shari‘ah by limiting with systematically and to balance the over meticulous tedencies in the preservation of five elements namely religion, life, mind, classical legal thoughts. dignity and property. Essentially understanding of maqāṣid al-shari'ah is significant to On other hand, al-Shā ṭibī recommended that maqā ṣ id must derive the basis of the shara’ not only depending on the rulings of contain the goal of achieving maslahah for religion and world, fiqh (jurisprudence), but it must also be evaluated based on usuli and without maqāsid, Islamic law would not able to achieve context which is closely related to the principles of maqāṣid al- maslahah for the world consistently but might cause destruction, shariah. According to al-Raysūnī (2010), theoretically maqāṣid is chaos and loss of meaning in this worldly life and eventually lead the science derived from kulli (universal) evidences and its to loss of success and happiness in Hereafter. objectives outlined by shara’ in each joints of the religious text. Subsequently, later fuqaha such as Ibnu ‘Āshūr (2006) gave The true understanding of maqāṣid al-shariʻah framework will specific definition of Shariah objectives as “The meaning that has further convince us that Islam brings maslahah and betterment been studied and observed and the wisdom in every rulings of to all people in this world and the Hereafter. Shariah.” His definition includes the criteria of shariah, its general purpose and meanings related to shariah. Preserving Nature Is a Part of Universal Harmony According to Imaaduddin & Shakirah (2016), the environmental Alal Fasi defined mā qaṣ id sharī’ah as purpose and secrets that crises that gave a negative impact on the world already emerged place shara’ in every rulings of Islamic jurisprudence. This means since 18th century as the result of the Industrial Revolution that all those five elements are considered sacred and must be took place in Europe especially England. This revolution was an protected. Mā qaṣ id shari’ah is also regarded as universal improvement on the mass production of human needs. The principles of Islamic law or kulliyat al-shariah. Another fuqaha industrial activities had caused negative impact on the massive such as Ibn Āshur gave the definition of maqaṣid sharīah, the natural resource exploitation and had led to serious meanings and wisdoms emphasized by shariah in all or most of environmental crises. laws but not confined to specific rulings only. Mohd Zuhdi (2009) highlights in Brundtland Report, the role of It can be concluded that maqāṣid is the objectives that become religion in Sustainable Development is not mentioned except in the core of human development and the preservation of the call for the application of traditional ecological sciences into universal maslahah to ensure the life survival in accordance with the modern society. The 1992 Earth Summit Conference at Rio de shara’ is well protected. Janeiro, the role of religion was also neglected in relation to

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harmonizing nature. However, at the Johannesburg Summit held in the Quran as fasad (destruction). This matter caused by human in 2002, the role of religion had attracted attention in error or abuse, extremist attitude towards nature, which contributing to sustainable development. Krapivin and Varotsos perpetuates the destruction of the earth ecosystem, resulting in argue that the spiritual dimension of sustainable development is chaos, cruelty and bloodshed. only discussed in the World Summit on Sustainable Development (WSSD), where the focus is on the spiritual dimension of human In order to maintain environmental sustainability, the existence reality. WSSD concerns indicated that religion plays important of a sustainable society that concerns on environmental aspects role in achieving sustainable development goals and therefore it seriously is very crucial. However, before such society exists, was recommended during that Summit. In this regard, Krapivin everyone needs to have environmental literate attitude. and Varotsos argue that religion plays a major role in elucidating Establishing a positive attitude towards the environment is the the most fundamental issues related to sustainable development. main goal of environmental literacy. Environmental literacy is a knowledge and understanding of issues related to environmental It is matter of fact that the role of religion is very significant in well-being and its impact on human life. An individual is restoring harmony in nature. Every man needs to understand the considered as environmental literate if he has knowledge, concept of vicegerent that God entrusted to prosper the earth so concerns on measures and actions to initiate, intrinsic that human life is harmonious and well-ordered. The destruction motivation, positive attitude and be responsible in dealing with of nature begins with the selfishness of human being who do not environmental issues. When there are environmental literate play their role as mentioned the Quran: individuals, this will able to create a sustainable society. Translation: Corruption has appeared throughout the land and Environmental sustainability is based on societal sustainability. sea by [reason of] what the hands of people have earned so He Environmental sustainability includes natural resources such as may let them taste part of [the consequence of] what they have wetlands, air, forests, and water and impacts on human health. done that perhaps they will return [to righteousness]. (Nurul Hidayah, Haryati & Seow 2013), Kline states that each element give an impact on each other and rich in biodiversity (Chapter Rum verses 41) (Zaharah et.al, 2015). As the vicegerent of God, men is responsible to preserve and love the nature as well prevent any harmful action from destroying When there is a sustainable society, a circle of awareness can the nature. Syumuliyyah (comprehensiveness) of Islam does not create reactive action. For example, in the United States, the merely concerns on the concept of human relations but also Endangered Species Act as a response of certain species have includes nature. The harmonious life experienced by human been endangered, resulting in economic activities such as logging being is resulted from the harmonious relationship between men are difficult to be implemented (Mel White, 2006). Due to the and their environment (Hazura & Sharifah, 2007). Due to His controllable laws and the government support as well as higher attribute of al-Rahman (mercifulness), the God has created all standard of education among the citizens, they have become a nature for human being. Thus everything on this earth is very influential force group. Hence, the developing countries subjected to follow Sunnatullah (the immutable constants of have achieved more significant progress in environmental Divine system). preservation and conservation.

As a Muslim, the concept of Vicegerent that God entrusted to CONCLUSION mankind is fundamental to ensuring that the nature is governed In summary, it is the duty of all individuals to take a measure to in its proper way. Vicegerent is a Devine trust assigned by God to be responsible towards environmental preservation and to man as His successor to uphold the responsibility to preserve the become an individual to love nature. Maqasid al-Darurriyah nature during his life on the earth. In the statement of Mohd Nor covers harmony in the preservation of maslahah or benefit to all Mamat (2002), Seyyed Hossein Nasr described the following: creatures on this earth. Thus maṣlaḥah darūriyyah (beneficial “As 'abd Allah, he must be passive towards God and recipient of necessity) is very significant in the societal development and the grace that flows from the -world above, As khalifah Allah, he human life. It deals with ḍaruriyyāt al-khamsah (five essentials) must be active in the world, sustaining cosmic harmony and namely, the preservation of religion, soul, intellect, lineage and disseminating the grace for which he is the channel as a result of property. Shariah persistently preserves all these five essentials. his Being the central creature in the terrestrial order.” Anything that does not compatible to these five essentials is considered as contrary to the objectives of Shariah. By understanding the principles of the vicegerent and its role, man will be able to preserve his environment as stated in the It can be concluded that in term of its impact, darurah, am Quran. It is undeniable that man has tendency to do destruction (general necessity) is that involves all Muslims or majority of and aggression as claimed by angels when Adam, the first man them such as war, natural disasters or earthquakes. While being created and appointed as a vicegerent. However, man with ḍarūrah khas (specific necessity) involves some Muslim the privileges of knowledge and reason, could play his role of individuals or a small number of them such as starvation or vicegerent accordingly and will be responsible in the harmony oppression. Thus, it is our obligation to preserve the benefit of management as well as, be wise and ethical in the use of nature as a part of maqasid al-daruriyyah to all creatures that environment. S. Parvez Manzoor in Mohd Nor Mamat (2002) inhabit on this earth. In other words, darūrah has to fulfill the expresses his support for this principle as the whole Islamic purpose of kulliyah (universal) and siyasah al-āmīyah (general principle of ecological ethics based on the Qur'anic injunctions way of Islam). regarding vicegerent and divine trust. Nature is a possession of God, given to human beings only as a trust and the right of man ACKNOWLEDGEMENT to dominate the universe is due only to the glory of his We express our deepest gratitude to Center for Research theological events and not to the rebellion against heaven. Excellence & Incubation Management (CREIM) and Faculty of Islamic Contemporary Studies, Universiti Sultan Zainal Abidin for From the Islamic worldview, Mohammad Hashim (2016) states supporting this publication. that the development will be sustainable if there are aspects of mizan (balance),wasatiyyah (moderation), and consideration of social equity. Mizan and wasatiyyah illustrate two important aspects that God has determined for all creations. Misuse of mizan aspect and extreme acts towards nature committed by some human beings are in consistent with what Allah mentions

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