A New Road Map: Tawhid in the 21st century
And your Allah is One Allah. There is no god but He, Most Gracious, Most Merciful (Q2:163).Archive for Shariah
Maqasid e Shariah and “amr bil maruf wa anha an al munkar”
The injunctions towards “amr bil maruf wa anha an al munkar” can also be categorized within the objectives of the shariah. There will be some commands that will facilitate the Needs, some the Complementaries and so on. Each action within the context of maruf and munkar may also focus on a separate or overlapping objective within a category set. An example is the protection of life. A move to protect an individual’s life might require an immediate action to save him; it might also require the creation of a law at a societal level which will ensure the protection of others in the same situation; it might also require a sound education policy that impacts both intellect and faith to create awareness and encourage prevention. These interrelated actions and prohibitions would fall under the mantle of upholding the objectives of shariah within the context of “amr bil maruf wa anha an al munkar”.
Another way to classify these actions is within individual and communal responsibilities. Some will be incumbent on individuals, others on all of society, for the goal of fulfilling either individual or community needs. Individual responsibilities and institutionalization of values into community responsibilities are two sides of the same coin; neither is possible without the other.
“Amr bil Maruf wa Anha an al Munkar” and the Ummah
The people who commit themselves to these actions, believe in the Last Day and hurry to do good are considered among the righteous[i]. They form an ummah, regardless of which monotheistic faith they proclaim themselves to be[ii]. One of the distinctions that we need to remember is that this concept is faith and action based. It is not sufficient to consider oneself a believer[iii], neither is it sufficient to act without the proper intention.
Another perspective on the same is that various ummahs can cooperate and work together towards a common cause. One issue that needs to be addressed is that the relationship between believers and others is not monolithic. It can happen at various levels and within various contexts. To have a partnership in the pursuit of justice does not inherently include having a relationship of guardianship between them, however those who are guardians of each other do have the responsibility to act in a just manner[iv].
[i] Q3:114 They believe in Allah and the Last Day; they enjoin what is maruf, and forbid what is munkar; and they hasten (in emulation) in (all) good works: They are in the ranks of the righteous.
يُؤْمِنُونَ بِاللّهِ وَالْيَوْمِ الآخِرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَيُسَارِعُونَ فِي الْخَيْرَاتِ وَأُوْلَـئِكَ مِنَ الصَّالِحِينَ
[ii] This section of verses in from Q3:102 – Q3:120 builds up the concept that some people of the book are believers, though most are not. The ones who are believers are described by their actions and faith.
كُنتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنكَرِ وَتُؤْمِنُونَ بِاللّهِ وَلَوْ آمَنَ أَهْلُ الْكِتَابِ لَكَانَ خَيْرًا لَّهُم مِّنْهُمُ الْمُؤْمِنُونَ وَأَكْثَرُهُمُ الْفَاسِقُونَ
Q3:110 Ye are the best of peoples, evolved for mankind, enjoining what is right (maruf), forbidding what is wrong (munkar), and believing in Allah. If only the People of the Book had faith, it were best for them: among them are some who have faith, but most of them are perverted transgressors.
Q3:113-Q3:115
لَيْسُواْ سَوَاء مِّنْ أَهْلِ الْكِتَابِ أُمَّةٌ قَآئِمَةٌ يَتْلُونَ آيَاتِ اللّهِ آنَاء اللَّيْلِ وَهُمْ يَسْجُدُونَ
يُؤْمِنُونَ بِاللّهِ وَالْيَوْمِ الآخِرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَيُسَارِعُونَ فِي الْخَيْرَاتِ وَأُوْلَـئِكَ مِنَ الصَّالِحِينَ
وَمَا يَفْعَلُواْ مِنْ خَيْرٍ فَلَن يُكْفَرُوْهُ وَاللّهُ عَلِيمٌ بِالْمُتَّقِينَ
Q3:113. Not all of them are alike: Of the People of the Book are a portion that stand (For the right): They rehearse the Signs of Allah all night long, and they prostrate themselves in adoration.
Q3:114. They believe in Allah and the Last Day; they enjoin what is right, and forbid what is wrong; and they hasten (in emulation) in (all) good works: They are in the ranks of the righteous.
Q3:115. Of the good that they do, nothing will be rejected of them; for Allah knoweth well those that do right.
[iii] The Quranic verse 3:104 is addressed to the believers yet it makes a distinction between those that action go through with the actions, and upholds them as models
وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَأُوْلَـئِكَ هُمُ الْمُفْلِحُونَ
Let there arise out of you a band of people inviting to all that is good , enjoining what is maruf, and forbidding what is munkar: They are the ones to attain felicity.
[iv] Believers Q9:71
وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاء بَعْضٍ يَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَيُقِيمُونَ الصَّلاَةَ وَيُؤْتُونَ الزَّكَاةَ وَيُطِيعُونَ اللّهَ وَرَسُولَهُ أُوْلَـئِكَ سَيَرْحَمُهُمُ اللّهُ إِنَّ اللّهَ عَزِيزٌ حَكِيمٌ
The Believers, men and women, are protectors one of another: they enjoin what is just (maruf), and forbid what is evil (munkar): they observe regular prayers, practise regular charity, and obey Allah and His Messenger. On them will Allah pour His mercy: for Allah is Exalted in power, Wise.
Hypocrites Q9:67
الْمُنَافِقُونَ وَالْمُنَافِقَاتُ بَعْضُهُم مِّن بَعْضٍ يَأْمُرُونَ بِالْمُنكَرِ وَيَنْهَوْنَ عَنِ الْمَعْرُوفِ وَيَقْبِضُونَ أَيْدِيَهُمْ نَسُواْ اللّهَ فَنَسِيَهُمْ إِنَّ الْمُنَافِقِينَ هُمُ الْفَاسِقُونَ
The Hypocrites, men and women, (have an understanding) with each other: They enjoin evil (munkar), and forbid what is just (maruf), and are close with their hands. They have forgotten Allah; so He hath forgotten them. Verily the Hypocrites are rebellious and perverse.
Objectives of Shariah
Humans, as vicegerents of God, have been given certain inalienable rights. These should not be violated, and need to be protected on an individual and social level. Several scholars over the course of history have identified and classified these into categories.
“Ghazâlî wrote categorically that the Sharî’ah pursued five objectives, namely those of faith, life, intellect, lineage and property which were to be protected as a matter of absolute priority…The Mâlikî jurist, Shihab al-Din al-Qarâfî (d. 684/1285) added a sixth to the existing list, namely the protection of honour (al-‘ird) and this was endorsed by Taj al-Din ‘Abd al-Wahhab ibn al-Subki (d. 771/1370) and later by Muhammad ibn ‘Ali al-Shawkânî (d. 1250/1834).”[i]
What is important in any formulation of legislation is the preservation of these six factors. These six comprise a category called the “Needs” of life. The second set of factors is collectively called the “Necessities”, or sometimes the “Complementaries”. This category is more fluid in its makeup, and includes everything that would facilitate the actualization of the Needs of Life. There is yet another category, the “Comforts” that facilitate the actualization of the second category.
This three tier system is considered the spirit of the laws of Allah. Along with it also come the concepts of illah (the causes/causality of commands) and the hikmah (wisdom underlying commands). These two help uncover the spirit of the law, and are instrumental in establishing the objectives of shariah (maqasid e shariah).
[i] Kamali, Mohammad Hashim. Maqasid Al-Shari’ah: The Objectives Of Islamic Law, www.thefiqh.org
