The necessity of approaching problems of modern Muslim thinking from the pragmatic purposes of sharia

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Institute of Oriental Studies named after Academician Ziya Bunyadov, ANAS

The necessity of approaching problems of modern Muslim thinking from the pragmatic purposes of sharia

Mammade D.H., PhD Student

Summary

muslim sharia religion

Religious movements have always been a tool of change. Conservatism of a religion means the retention of the breath tubes. In this case, religion can neither stay alive nor be able to give life to others. For this reason, understanding the religion within the context of time and place, changing reality is a very important factor. The Sharia ns goals, which is one of the main subjects of fiqh's science, also serve to understand and apply the rules of religion. In a rapidly changing and globalizing world, inclusion of religion in the narrow framework leading to lose confidence in religion. The correct understanding of the purpose of Sharia will open wide opportunities for the solution of problems which often emergence in matters of religion. In this case, religion will have done its true mission fulfilled.

Keywords: Purpose of Sharia, Time, Fact, Reality, Profit, necessities, needs, perfectionists.

Анотація

Релігійні руху завжди були інструментом змін. Консерватизм релігії може призвести до затримок дихальних шляхів. В цьому випадку релігія не може ні залишитися в живих, ні бути здатною дати життя іншим. З цієї причини розуміння релігії в контексті часу і місця, зміна реальності є дуже важливим фактором. Шаріатські мети, є одним з основних предметів науки фикха, також служать розуміння і застосування релігійних норм. У швидко мінливому і глобалізованому світі включення релігії в вузькі рамки веде до втрати довіри до релігії. Правильне розуміння цілей шаріату відкриє широкі можливості для вирішення проблем, які часто виникають у питаннях релігії. В цьому випадку релігія виконає свою справжню місію.

Ключові слова: мета шаріату, час, факт, реальність, прибуток, потреби, потреби, перфекціоністи. (стаття друкується мовою оригіналу)

Introduction: Purposes of Sharia are considered as a science that answers the most challenging questions which Muslims encounter in modern and past period. This science in addition to explaining, the benefits and goals of the laws that accur in religion, also explains the essence of divine forces and moral values. Evaluation of the basic principles of justice, human dignity, free will, courage, chastity, the principle of simplification, social development and co-operation, human rights and other such fundamental concepts in terms of Islamic Sharia is considered to be one of the most serious problems coming across of Muslim thinking in modern-day [1, c. 14]. According to Ibn Ashura, “Magasid” is purpose and target which stay behind the Islamic rules [2, c. 37]. Shah Valiullah Vakhlavi writes about it: “Some people think that evil is not related to any purpose or target. This is a very dangerous approaching. Because the rules of Islam are fixed on many Kuran hadiths and verses based on one purpose and target” [3, c. 27].

Compatible of the Muslim rules to profitability of peoples: According to Muslim lawyers, all religious and secular powers serve to the profitability of people. But profit is essentially changable. So the changing of profit is also possible by the changing of time and reality [4, c. 587]. According to predicts of Garafi the prevent people from being traumatized is one of the main factor. If there is a disagreement factor of people profits, it is condition to unfollow the rules and get comfort for people. For example,being justice for witness is very important. However, in a region there is no human being who fulfills these conditions, there is no hindrance to a more appropriate one performing this work. The same is possible for judges. Although some trade agreements, such as usurious and irrigation, are commonly contrary to law, their legalization is based on the same logic [5, c. 390-391].

Imam Ghazali writes about it: “Profit is to satisfy the benefits and eliminate intrigue.” [6, c. 79-80]. If one issue has a beneficial, it serves the interests and profit of people. It is also beneficial to avoid people from intrigue. If Sharia explained by taking into account the profit of people, the goal can be achieved. Ibn Rajab al-Hanbali says: “God does not charge a person with a liability that will hurt them. The aim of every commandment is intended to exploit the present and future life of people” [7, c. 257].

After clarifying these points, it is worth mentioning that the goals are divided into three categories by scientists. They have separated the Shariah tradition in the form of “necessities” (zaruriyyat), “needs” (haciyyat) , and “perfectionists” or “beauties” (tahsiniyyat) [8, c. 11].

The missing of necessity goals leads to the benefit of religious and dissension of secular life. The missing of goals in the category of needs is simply a matter of personal difficulty. “Beauties” refers to a lower degree from “need”. Its deficiency simply traumatize the individual's identity [9, c. 205].

All of these categories allow the human aliving, at the same time to reach the level of perfection. It should be noted that both the “needs” and the “beauties” serve to protect the necessary goals. Thus, the methodists noted, in the 12th verse of Surat al-Mumtaheen companions of Prophet follow exactly goals which is considered as necessary. These necessary goals are the protection of religion, soul, mind, generation and goods. This verse shows that in the time of Mecca, the basic principles of Islam were laid, and the detailed realization of these principles took place in Medina [10, c. 130].

The Prophet has formed the 13th years period of Mecca on the tawhid, which is considered to be the main pillar of religion. That period is considered a phase of spiritual purification and upbringing of Muslims. To be perfect and healthy is one of the main missions of religion. Having achieved this stage society is able to properly fulfill it's a duty of protecting social and human relationships. The protection of the five essential goals that we have mentioned will also play a “key” role in shaping relationships.

Protection of religion: As Ibn Ashuroon points out, the basic purpose of Islam is the creation fitr of a man. We read in the one of the Kuran verse: “Oh my Prophet! Turn from the sin to the truth and turn your face towards the religion that God has given to the people as a fitr (fitri). There is no change in God's creation. This is the true religion. (Surat ar-Rum, 14).

Ibn Ashur describes word of Islam as a fitr (ftrat): “Islam invites its members to follow the fitr and its requirements. The charity is from the fitr. The protection of the generation is from the fitr. True culture is from fitr. Because culture occurs from negotiation and mutual understanding. The beautiful works were created from the fitr. Because they were born from the thought. Fitr is in love with the nature from its creation” [11, c. 89].

To ibn Abdulbarr an-Nami opinion the word of fitr does not contain meanings such as faith - swearing (iman-kufur), the right way (hidayat), disgrace (zalalat). Because when a person was born, he is unable to understand neither faith nor swearing [12, c. 69-70].

If religion, especially Islam, is declared as fitr, should it be understood as an universal feature and as collection of divine training covering all the time? In other words, when we say Islam, should be that considered an institution takes all people, not depending of their faith, color and race? Or, as islam which is framed with word of Sharia and become an organization by the faqihs and the speakers after the death of the Prophet? For example, in Islam religion, do people who believe in other religions have the right to live freely with their worship and beliefs? Has the tolerance limit of those who have been in the religion of Islam and then want to change their religion have been determined? But, when we look at Islamic history, we see that this is different from the point of Islamic scholars' approaching. So we are witnesses of the fact that there is no good attitude towards those who turn from religion. However, the verse “There is no compulsion in religion” (al-Baqarah, 256) declares to us the clear, open and understandable truth. It is impossible being together religion and violence. If so, neither can threat anyone with the choice of religion, nor can sign a decree about his death. It should be regarded as a betray to the main aims of religion. Belief is lead of passion to obedience, and obedience is not violence and power; it is possible with proofs (burhan) [13, c. 93, 94, 123, 150].

If the methodology of the Kuran and the Prophet is based on the principle of compassion, patience, honesty and the best response to the enemies, then submission of hate and intolerance against members of other religions as the main source of Islam does not fit within the framework of justice [14, c. 115-116, 114-113, 109-110-111]. Let's note that if for Muslim the only salvation way is throught believing in the teaching of the Kuran and to live a life in their light, the salwation way for Jewish, Christian, and other religious group also is through believing values that they owns. In such case, the principle of protecting religion is not one-sided, will be expedient its wide- ranging evaluation.

Protection of soul: No doubt, that the protection of human life is one of the purposes of religion which sending by God. Even this is considered to be one of the most important needs. If even there is no any Kuran verses and hadiths which mentioned about it, but the human mind is capable of understanding it [6, c. 162].

For this reason, God has forbidden us to commit suicide for protecting the soul, and he stated that, it is the greatest sin. It is noteworthy that the one of the verses coming down immediately after the hicrat (hicrat) is revenge [11.134].

In one of the hadiths, the Prophet says: “If two Muslims shoot weapons for killing each other, both killer and killed will fall into hell” [15, c. 22].

It is equal to kill a person unjustly to kill all humanity. The virtuous society must act as an “umbrella” to protect human from these sins and crimes. If anyone kills someone unjustly, at the same time, he committing this crime against the community he lives in [16, c. 102]. Even Islam has set very strict limits on this issue against non-Muslims. The lawyers of the Ahli-Ray says: if a Muslim kills a non-Muslim, then this Muslim should be killed with revenge penalty. According to Abu Hanifiya, if the owner kills his slave, then by applying a revenge he must be killed too [17, c. 169].

Undoubtedly, the protection of the human soul, ensuring its well-being and improvemen of social welfare depends on formation worth and sense of belonging of human. In an inferior society, human life has not any sence.

Protection of mind: The mind is one of the most blessings present given by God. If there is no mind the religion will also disappear [18, c. 14]. The protection of the mind is possible with disappearing of ignorance. Therefore, Islam commands every Muslim man and woman to acquire knowledge [19, c. 15]. Islam also insists on removing all the barriers that cover the mind. Drinking is forbidden for this reason. Being human requires also to be conscience and intelligence. Intelligence gives a person the power to distinguish between right and wrong. A clever and honest person can discover divine, natural, and universal values, which can lead to a beautiful lifestyle. For this reason, the teachings and targets of the Kuran are not covert, but cosmopolitan. In other words, Islam calls people to common mind [20, c. 5,8]. Imam Matrudi says that intelligence is the source of responsibility for people in religion. He states that there is no need for any verses of Kuran to recognize the existence, unity of God, that needs just one religion, and to understand that this religion is a religion of tawhid. The mind is a proof itself. For this reason, to call mind as religion is not casual [21, c. 80-81].

In this case, every serious attempt to distinguish mind which is very worthwhile for Islam from these natural characteristics, will lead to great problems. It is clear to everybody complications which created by such attempts in Islamic history. It is a historical fact that there are many religious-philosophical movements in history which don't accept the use of reasoning in the acquisition of knowledge. Maturidi takes attention to this issue and says that those who ignore all these introduce their intelligent opinion by arguments came also using their minds. He takes attention to the impossibility of achieving to solvation of problem without any mind [22, c. 16].

Protection of generation: Another purpose of Sharia is to protect the generation. For this reason, Islam has paid attention putting the family column on healthy foundations. Family plays an important role not only in increasing of generation and formation of a healthy society but also in meeting the need for love, psychological development, education, and in the development of cultural values [23, c. 261]. Thus, Islam has ordered people to be eliminated all harmful habits which hurt their family and has ruled punishment to those who have created these habits in society.

It should be noted that Islam considered adultery as a sin for the preservation of family and honor, and has warned Muslims to stay away from this abominable deed (Al-Baqarah, 32). Those who do this haraam will be strictly punished by the methodology of the penalty determined by the Kuran [19, c. 2].

The family is the mirror of the formed society. A healthy family is a guarantee of a healthy future. Internal affiliation of family promotes the proper adjustment of problems that emerge in the modern world. Otherwise, such conflicts will first lead to the psychological tension of children. In such cases, families will be the foundation of a non-trusting, reckless and irresponsible youth. The problems caused by the economic difficulties, as well as the globalization of the world and the many demands brought by this globalization have undoubtedly led Muslim families to be influenced by these factors. In front of moral values, this situation necessitates the multiplication of non-moral values. Families have taken responsibility for educating their offspring and at the same time protecting them from existing problems and unethical behaviors. No doubt, creating these responsibilities in children come through about building a supervisory mechanism inside them and instilling in them the habit of filtering their behavior by their minds [24, c. 56].

If you want to be fair to everyone and want to be treated like this, do the same to others [25, c. 160], this principle will be condition for creating younger generation, which is considered as foundation of the future as a desirable younger. This factor will contribute to the formation of healthy generation serving the purpose of the religion of the God.

Protection of wealth: The wealth is considered to be a key factor in the continuation of life. Imam Shatibi states in his “Al-Muvafaqat”: “If there is no wealth, all necessary circumstances for life will be disappear” [18, c. 16].

Islam is a religion of fitr. Our religion has not completely forbidden us from our wish and dream about wealth. He also recommended the love to money must be maintained at a certain level [26, c. 54-56].

Our religion, which attaches great importance to the protection of private property [27, c. 105], said to the people on behalf of Prophet that it is sin to usurp the other's wealth and that the man was killed for his wealth would reach the martyrdom level. It should be noted that the political, social and cultural forms of the states are shaped according to the economic structure. Because societies with good financial condition and without economically dependence have the power to promote cultural and social activities. This create a basis for strengthening their political level and have permission for word own among nations around the world. Those with weak economic capacities stay behind from others.

One of the Indian leaders of the XX century, Javahiral Nehru, said about importance of money for the people: “A nation can achieve freedom if it has economic power. If you need someone, then you're his captive. If you don't need anyone, you are equal with him, you have power on person whom you do good at.” [28, c. 12].

In spite of all these, Kuran warns for lack of a means of disaster continually. So human must use his owned wealth economly and does not waste it. This factor will save him from the instinctive behavior, and will instill in him the idea of spending his wealth for the benefit of society. As a result, if a person uses his wealth for a vice, they will become a beauty for him. But if the wealth itself becomes a vice, it will lead to the moral destruction of man.

Conclusion: Islam is not ritual religion which simply bring comfort to the soul, spiritual cleaning of people. Those who simply portray it as a mosque religion and a religion that does not interfere world life undoubtedly mistreated.

In addition Islam, providing moral purity, constitutes a finite mechanism of life, defines laws and principles, and provides solutions to both personal and common problems. For this reason, Islam initiates the development of the human before the society, thus protecting the mind, religion, family, wealth, and soul of the human. All this mentioned is not just the right of Muslim but also all people in the world. God is not only Muslims. God is also all humanities. The commitment of these obligations to a particular group is not in accordance with divine justice.

The ensure of profits the world and the otherworld come through protection of the rights. Aims of bringing by religion is sign of human values.

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