“Three hundred people were in a boat sailing on the sea. They realized that their safety was at risk, and the lives of the majority could only be saved by throwing 10 people overboard. Would it be morally right to kill 10 people in order to save 290?”

“Would you torture one person to save the lives of many?”

In most cases prisoners of war do not have nuclear launch codes to a dirty bomb or are even in a situation were America is held to ransom, most are simply soldiers with information the American military needs in their wars, so the two cases that of the ship and prisoners of war are relatively similar.

Based on the Maqasid (Objectives) of Shariah Imam al-Ghazali said regarding his example of the abandoned ship, that it is morally wrong to kill some people in order to save others.

Why?… Imam al-Ghazali gave three reasons against the justification of killing in this case:

1. Universality: the benefit of people, in this case the majority, is not a universal benefit, it is only the interest of a small community who are going to use others as means to their end (while the moral ramifications of such actions are universal on that society).

2. Necessity: the benefit of those people on the boat is not necessary to a degree to break another necessity and kill humans.

3. Certainty: we are not certain that killing those people is going to save the rest. What if they killed them and after that they faced another problem at sea, should they kill another 10 people to save the rest? This is morally unjustifiable and becomes out of control.

In Islam the life of every single human is unique and precious; it is one of the five necessities of Islamic law and must be preserved and protected. Allah commanded Muslims in the Qur’an that killing is prohibited, and to kill one soul, in Allah’s judgement, is like killing the entire human race, and to save one soul is as if you saved the entire human race, so then how can you kill the entire human race and place that moral burden on society to simply save a small group of people or community.

When Allah takes account for peoples actions each life taken will then weigh as the entire human race on the day of judgment along with it’s retribution.

Two moral realities can be derived from the example above, consequences regardless of how they seem do not justify such immoral acts. And the end result, no matter how immediately beneficial to us, do not justify the means by which we achieve them. Even if gain is achieved it is temporary and the consequences we would face later and with Allah would be more severe as our actions are ultimately  unjustifiable.

When Allah created man he said to the Angels he was placing a Khalifah on earth. Allah’s Khalifah means Allah’s representative and vicegerent, who takes care of affairs on behalf of Allah, this position is entirely in relation to mankind’s sovereignty over not just mankind but other creatures on this planet, and to help us understand what we are responsible for and to what extent, Allah revealed to man the many books of revelation and Religion as a whole.

Allah asks us to be mindful of his creatures and to pay attention to them: “And there is no creature on

The Maqasid of Islamic Law was revealed for one basic universal purpose: to realize the best interests of humans on earth.

Maslaha in the Arabic language literally translates as benefit or interest, it is defined by Imam al-Ghazali as that which secures a benefit (for man) or prevents harm (from him).

Human nature tends naturally to seek happiness, but this cannot be achieved unless people cooperate with each other, but cooperation is impossible unless people strive to live a peaceful life. Peace and security cannot be achieved unless there are rules to protect the rights of all equally. However, rules and legal regulation are useless without a source of authority to enforce them and apply them equally, in Islam this was done through educating people regarding the laws that govern their religion in this way part of the job was accomplished by people freely wishing to follow their God and guiding others to do the same.

In todays world an increasing number of police are required to keep the society civil, this is the draw back of secularism, it’s laws are seen as no more than points on a piece of paper having no moral relevance as they are largely made up by those who govern, while in Islamic society people lived out their knowledge and understanding of religion, and while courts and those who enforced the law clearly existed it was largely a self policed society with people encouraging each other to practice Ihsan (Human perfection) because they collectively understood it’s significance, and that this life was a transient one, as death comes to all.

In Medieval Europe man was detached from the Jewish society that the Injeel (Bible) was sent to, they could not even fathom a higher form of justice or morality, and lacked the bibles cultural understanding along with the tools to be even capable of developing beyond their own traditions and preconceived ideas that trapped them in the dark cycle they were in.

It isn’t enough to guide people by simply introducing a revealed book into a new land, people had to be trained to interpret it according to it’s author’s own understanding otherwise they form their own ideas and beliefs, this was an impossible task considering that the bible’s time period had now passed on and wasn’t preserved.

In contrast by the time of Imam Ghazali’s death in 1111.AD, Islamic Law was well developed and adopted around the muslim world with many academic tools invented to preserve the culture, language and understanding, this was because Muslims had the benefit of hindsight christians did not, literally it was because of what they saw occurr to the christian and jewish texts and culture that spurred the muslims to preserve not just the text but it’s understanding as well, these tools were then exported to other parts of the world to preserve the culture and knowledge of each region.

Hence at every stage of social advancement in Europe, beginning with the renaissance in Spain which took from the Islamic Spain it conquered, and later the enlightenment and American declaration of Independence, they imported and adopted Islamic knowledge that gave Europe an injection of new ideas and thought which freed them from the cycle they were in, these tools eventually helped them to later develop there own ideas and understanding.

For all the above reasons the Divine wisdom, Allah, revealed Shari’ah to help man achieve the masalih or benefits of people in the two following ways:

First, by procuring these masalih (or by bringing them about), since people cannot bring about the benefits of mankind equally; they discriminate against each other, they kill each other, they steal from each other, they humiliate others for various reasons such as color, ethnicity, power, social status and the like. In one word they present their interest as central and others are only a means to achieve their own ends.

Allah is an absolute justice who legislates to mankind what is beneficial to all.

Second, Islamic Divine Law achieves its goal by preserving or protecting these human universal benefits, by setting rules and regulations with sets of prescribed punishments, the Islamic Divine Law then has a two-fold function.

Though Imam al-Ghazali defined Maslaha as that which secures a benefit or prevents harm, however, the benefits mentioned in Islamic Divine Law have been categorized into three kinds by the scholars:

First: accredited benefits (Masalih Mu’tabarah), which are regulated by the Lawgiver in the sense that a textual authority (such as the Qur’an and Sunnah) from the divine law could be found to prove their validity.

Second: nullified (prohibited) benefits (Masalih Mulghat): these are other kinds of benefits and interests that the Shari’ah prohibited because they lead to harm and hardship (Mafsadah), such as stealing or usury.

Third: unregulated benefits (al-Masalih al-Mursalah), since the benefits of people can be as numerous as their public interests, we find that the divine law did not regulate a number of these benefits directly but by similitude. So their validity is not clearly apparent and must be identified using Ijtihad (Legal Reasoning). In the principles of jurisprudence these kinds of benefits are called the unregulated benefits, and it is left for legal scholars or jurists to work on them.

Imam al-Ghazali said masalih or benefits should be harmonious and consistent with the objective (Maqasid) of the Shari’ah, since the basic purpose of legislation (tashri’) is to protect the interest of people against harm.

Objectives or Maqasid of Islamic law themselves are classified in various ways, according to a number of dimensions. The following are some of these dimensions:

1. Levels of necessity, which is the traditional classification.

2. Scope of the rulings aiming to achieve the Objectives.

3. Scope of people included in the Objectives.

4. Level of universality of the Objectives.

When the Maqasid are looked at in terms of priority, importance and benefits they were similarly divided by Muslim scholars into three kinds. They are prioritized with the Qur’an and Sunnah at its heart, the masalih then revolve around each other with the Islamic creed (Aqeedah) and the Shariah as the main source of legislation:

1. The first priority of the masalih are the Necessities, (Da.ru.riy.yat)

2. The second priority of the masalih are the Needs, (Ha.jiy.yat), and

3. The third priority of the masalih are the Luxuries, (Tah.seen.niy.yat)

“Necessities are further classified into what ‘preserves one’s faith, soul, wealth, mind, and offspring.’ Some jurists added ‘the preservation of honour’ to the above five widely popular necessities. These necessities were considered essential matters for human life itself. There is also a general agreement that the preservation of these necessities is the ‘objective behind any revealed law,’ not just the Islamic law.”

“Maqasid at the level of Needs are less essential for human life. Examples are marriage, trade, and means of transportation. Islam encourages and regulates these needs. However, the lack of any of these needs is not a matter of life and death, especially on an individual basis”.

“Maqasid at the level of luxuries are ‘beautifying purposes,’ such as using perfume, stylish clothing, and beautiful homes. These are things that Islam encourages, but also asserts how they should take a lower priority in one’s life”. It is significant that the Islamic civilization by the 11th century was debating the place of luxuries in everyday life, while Europe did not even value the place of gardens in society until Spain was conquered, they became shocked at the luxurious they found at the same time gaining a perspective on how life could be. We have to understand that before these islamic developments, now taken for granted, the world looked vastly different.

“The three levels in the hierarchy are overlapping and interrelated, in addition, each level should serve the level(s) below. Also, the general lack of one item from a level moves it to the level above. For example, the decline of trade, during an economic crises, moves ‘trade’ from a ‘need’ into a ‘life necessity,’and so on. That is why some jurists preferred to perceive necessities in terms of ‘overlapping circles,’ rather than a strict hierarchy”.

From this understanding the Ullumah (scholars) have then identified ‘five essential values’ of life that are universal necessities or priorities “on which the lives of people depend, and whose neglect leads to total disruption and chaos.”

These five necessities have been famously labeled as the “Five Objectives Of Islamic Shariah”, and there preservation is essential. Three of these objectives were later used in the American Declaration of Independence, they are the preservation of:

• Religion

• Life

• Intellect

• Procreation

• Property

Imam al Ghazali said that any measure which secures these values also falls within the scope of maslahah (peoples interest), and anything which violates them is mafsadah (evil), and preventing the latter is also maslahah. More technically, maslahahl mursalah (Public Interest) is defined as a consideration which is proper and harmonious (wasf munasib mula’im) with the objectives of the Lawgiver (Allah).

Because these five necessities are derived from Shari’ah as necessary and basic for human existence, therefore, every society should preserve and protect these five necessities; otherwise human life would be harsh, brutal, poor, and miserable, in this world and the hereafter.

The Objectives of Shariah do not simply look after the interest of people in this world but the next as well and are key to identifying what ultimately benefits man in this life.

Needs are matters that remove restrictions and difficulties in applying the five necessities.

Allah says in The Qur’an:

“Allah does not want to place you in a difficulty, but He wants to purify you, and to complete His favor to you, that you may be grateful.” (Qur’an, 5:6), so the Aim of Allah is to purify a person from what harms them or bring about their harm.

In another chapter Allah says: “Allah intends for you ease, and He does not want to make things difficult for you.” (Qur’an, 2:185)

The divine law grants people concessions (rukhas) in cases of hardship such as sickness, and traveling, but neglecting these Needs will lead to hardships in life and society, but not chaos and collapse.

Luxuries are intended to render human affairs or conditions more suited to the requirements of the highest standards of moral conduct. They “denote interests whose realization leads to improvement and the attainment of that which is desirable.”

Thus, the observance of cleanliness in personal appearance and in spirituality, the growth of moral virtues, the avoidance of wastefulness in consumption, and moderation in the enforcement of penalties, fall within the scope of Luxuries.

From contemplation on these benefits a systematic set of legal rules and principles was deduced known as Qawaid al Fiqh, the Maxims of Islamic Law, such as:

1. Harm must be removed.

2. Public harm or loss is averted by the private assumption of loss.

3. The greater of two harms is averted by assumption of the lesser.

4. Averting harm is to be preferred over procuring of benefits.

5. Cases of necessity make permissible what is normally forbidden or restricted.

6. Necessity is determined by the specific circumstances.

7. Hardship in a situation secures lenience for people.

8. It is not permissible to do what will harm one’s self.

An example of more recent works is Al Majalla, it is a codification of Hanafi commercial law used by the Ottoman Caliphate. It contains a preface that has 99 general legal principles (qawa`id fiqhiyya), similar to those above, in no particular order, that are all gems.

It was authored in the second half of the 19th Century by a council of major Hanafi faqihs headed by Allama Jawdat Basha, and included Ibn Abidin’s son, there are a number of translations available for this work was well as commentaries. It was the law code for the Ottoman Khilafa for over 70 years, and continued to be the commercial law of Syria until 1949, and Jordan until the 1970s.

Imam Abu Ishaq Al-Shatibi (d. 790 AH/1388 CE) used similar terminology to that of Imam al-Juwaini and Imam al-Ghazali. The Imam raised the question: what is the end objective of the Shari’a? Imam Al Shatibi had studied the works of earlier scholars, such as Imam al-Ghazali, who had also touched on this question. He discussed the issue at length and gave the following answer: “The rules of Shari’a, have been designed to produce benefits (masalih) and remove evils (mafasid) and these are certainly their ends and objectives.” And “the masalih are those which promote the preservation and fulfillment of human life, and the realization of all that human nature and rationale demands, until one is happy in every respect.”

He developed a model of Shari’a consisting of three concentric circles. The innermost circle deals with the essential laws in relation to the five basic interests (of life). The second circle covers those laws and practices that are not directly related to these essential laws, but are incorporated into Shari’a due to public convenience. The third, outermost circle consists of laws formed by finer elements of social practices such as modesty, cleanliness, and other cultural norms.

Shari’a adopts these elements because they reflect reasonability and cultural preferences within a society.

Imam al Shatibi divided Shari’a laws into rituals and worship (ibadat) and reasonable customs (adat), He further elaborates on how the adat (Habits, Behavior) determine the good and evil and how Shari’a endorses the results. He explains that benefits (maslaha) do not exist in a pure and absolute form, but are mixed with discomfort, hardship, or other painful aspects (mafsada), because the world is created from a combination of opposites, with hardship comes benefit and ease.

Imam al Shatibi also classified human needs into three categories, the inevitable (daruriyyah), the needed (hajiyyah) and the luxuries or refinements (tahsiniyyah). He elaborated on the principle that individual action cannot be allowed to injure other people’s interest and emphasized the protection and promotion of social interest as objectives of Islamic law.

Imam al-Shatibi, wrote that it is incumbent upon the Mufti (religious leader) to carry people on a way that is balanced and moderate. His basis for this were the numerous Qur’anic verses and Hadith that emphasize moderation and caution regarding one’s expression of faith.

In his famous al-Muwafaqat he states two important reasons for the ease and removal of hardship found in the Shari’ah that lead one towards a balanced religious expression:

1. To protect people from hating worship and religion because over burdening rituals will only increase people’s dislike and disdain for faith.

2. Enable people to observe the rights of self, family and society. If people are so engrossed in rituals and acts of worship that they neglect the things around them, or are forced to neglect them, then the world will fall into chaos, and a stain will appear in their hearts towards worship.

Rather it is a sunnah (act of the prophet) that the day be split into three six hour portions, the first six hours for work, the second six hours for family and the third six hours worship and what remains for the self and sleep. The muslim work day begins soon after the fajir (morning) prayer and the day is divided from this point on. The difference between this system and modern times is the balance it creates in the individual, family and ultimately society. Another difference is that the muslim week begins on Sunday and ends on Saturday, muslims however worked seven days a week, although shorter days, and generally took half a day of on Friday for congressional prayer.

In the long term people where less stressed, happy and could dedicate more time to family, themselves and their pursuits. If no time was given to the self then people had less time to grow and perfect their interests because we are commanded by Rasul Allah (saws) to perfect what ever we choose to do, this is what it means to be muhsinuun, in other words those who practice human perfection (Ihsan), as it is mentioned in the Qur’an and Islamic society supported and allowed the individual to achieve this by nurturing family and society.

What distinguished Imam al-Shatibi’s interpretation is that he developed the theories by emphasizing that the maqasid al-shari‘a and masalih could override specific legal rulings.

Imam Shatibi illustrates this by saying that nowhere in the Qur’ân is there a specific declaration to the effect that the Shari’ah has been enacted for the benefit of the people. Yet this is a definitive conclusion which is drawn from the collective reading of a variety of textual proclamations. Yet just as there is wisdom behind mentioning something specifically there is also wisdom behind not mentioning something and this is illustrated by the Hadith regarding the sahabah (companions) who used to ask the prophet about the minutest details of the religion until He (saws) advised them that the Jews did such a thing and their messenger answered their questions, but this only increased the burden that was placed on them.

When a law or advice is mentioned specifically by Allah and his messenger (saws) it becomes obligatory on the people to act upon it, so there is mercy (Rahma) in silence.

Al-Shatibi’s book became the standard textbook on maqasid al-shariah in Islamic scholarship until the twentieth century, but his proposal to present maqasid as ‘fundamentals of the shariah,’ as the title of his book suggests, was not widely accepted.

This is because of the element of Human Judgment regarding what ultimately benefits or harms man, there is no definitive answer to this question and the solutions are largely at the logic and rationale of the Judge.

Establishing a just society (focusing on the kulliyyah) are the goals (maqasid) of the Shari‘a, while the juz’iyyah (specific legal rulings) are then the means to those goals. Islamic Law “requires that we should focus on public interests and universal principles such as justice, respect and protection of a person’s beliefs, protection of life, protection of sanity and intellect, preservation of lineage (family), and protection of a person’s property or wealth, among other things to achieve this in society.

Allah says in the Quran “Alif. Lam. Mim. THIS DIVINE WRIT – let there be no doubt about it, it is

Looking at how the Objectives (Maqasid) of Shariah developed from the first days of Islam is important because they are the single most clear indicator of what Islamic society was and is meant to be, because this is what they achieved not what they wished to achieve.

It was these same objectives that were adopted by the fathers of the European enlightenment and eventually the founders of American society, seen clearly in it’s declaration of Independence, which is something the world holds today as a standard of social development that did not exist in history before their time.

Maqaid al-shariah (Objectives of the Shariah) explain the ‘wisdoms behind rulings,’ such as ‘enhancing social cohesion,’ which is one of the wisdoms behind charity, and looking after one’s neighbours, or greeting people with the wish for peace (Asalamu Alaikum). The wisdom behind rulings also include ‘developing consciousness of God,’ which is one of the rationales behind regular prayers (salat), fasting (swam), and supplications (dua), being aware of Allah helps man focus on building society and contributing to it rather than unwittingly being part of it’s destruction, which is the result of many people in a society not having a moral compass.

A community that is secure in it’s identity can be generous in regards to who can freely live within it’s borders, this is why the Muslim Khalifah’s often invited Jews and Christians being persecuted in Europe to live within Islamic lands, not only setting up new communities in these lands but being allowed to govern them according to their own tenants of faith, this was the result of the work muslims did to be aware of Allah as a society, it shaped how they viewed others and accepted them.

The Maqasid of Shariah aims to achieve the greater good by opening, or blocking, certain means that lead to Harm or move people away from it. Thus, the maqasid (objectives) for ‘preserving people’s mind and soul’ explain the total and strict Islamic ban on alcohol and intoxicants, and the maqasid for ‘protecting people’s property and honour’ explain the Qur’an’s mention of a ‘death penalty’ as a possible punishment for rape or armed robbery.

“Maqasid al Shariah” are also the group of divine intents and moral concepts upon which  Islamic law is based, such as, justice, human dignity, free will, magnanimity, facilitation, and social cooperation.

Because Islamic Law outlined peoples rights and defined their best interests so clearly it shouldn’t be a surprise that the fathers or Europe’s enlightenment took from it, largely by the 16th century Europe was translating almost any Islamic texts they could find, not simply Law but Medicine, Art, Mathematics, Accounting, Philosophy, History, Sociology, Geography Topography, Astronomy, Mineralogy, Mechanics, Zoology, Chemistry, Physics, etc.

To them it was a stark contrast to the dark times Europe was in which even at the height of the Black Death outwardly refused Islamic treatment for it, which mitigated it’s spread.

Islamic society was itself pulled out of what the prophet (saws) termed the Jahaliya (days of ignorance) becouse the principles of Islamic Law protected peoples rights and allowed all areas of science to develop in an atmosphere of toleration this began what was later termed by historians as Islam’s Golden Age of science and discovery.

For a number of Islamic Scholars, maqasid are an alternative expression for masalih (people’s interests). For example, Imam Abdul-Malik al-Juwaini (d.478 AH/ 1185 CE), one of the earliest contributors to al-maqasid theory as we know it today used al-maqasid and public interests (al-masalih al-ammah) interchangeably. Abu Hamid al-Ghazali (d.505 AH/1111 CE) elaborated on a classification of maqasid, which he placed entirely under what he called ‘unrestricted interests’ (al-maslaha al-mursalah). Fakhruddin al-Razi (d.606 AH/1209 CE) and al- Amidi (d.631 AH/1234 CE) followed Imam al-Ghazali in his terminology. Imam Najmuddin al- Tufi (d.716 AH/1316 CE), defined maslaha as, ‘what fulfils the purpose of the Legislator.’ Al-Qarafi (d.1285 AH/1868 CE) linked maslaha and maqasid by a ‘fundamental rule’ that stated: ‘A purpose (maqasid) is not valid unless it leads to the fulfilment of some good (marsalah) or the avoidance of some mischief (mafsadah).’ Therefore, a maqasid, purpose, objective, intent, goal, end, or principle in Islamic law is there for the ‘interest of humanity.’

“Any attempt to implement the law should take into account not only the externalities of the law but also the rationale and the intent behind it. Thus when a man utters the credo of Islam to achieve worldly gain or to attain social prestige, his confession is not valid. The reason is that the true purpose of confession to the faith is the exaltation and worship of God, and if this is violated, a formal confession is of no value. Similarly, if a man says a prayer for the sake of display and self-commendation, it is not valid. The real purpose and value of the law is therefore of primary importance, and indeed it is necessary that the mujtahid identifies it so as to be able to implement the law in accordance with its purpose”.

After the era of the companions, the identification and classification of maqasid (Objectives) began.

During the first three centuries, the idea of purposes/causes (Arabic: Hikam, ilal, munasabat, or ma’ani) appeared in the works of the Imams of the schools of Islamic law, these became tools for deriving Law from Islam’s primary sources the Quran and sunnah.

Tools such as legal reasoning by analogy (qiyas), juridical preference (istihsan), and interest (masalah). Purposes themselves, however, were not subjects of separate monographs or special attention until the end of the third Islamic century. Then, this work was further developed and elaborated into ‘levels of necessity’ by Imam al-Juwaini (d.478 AH/ 1085 CE).

1. Al-Tirmidhi al-Hakeem (d. 296 AH/908 CE) wrote one of the first known volumes dedicated to the topic of maqasid, in which the term ‘maqasid’ was used in the book’s title, al-Salah wa Maqasiduha (Prayers and their Purposes or Objectives). The book is a survey of the wisdoms and spiritual ‘realities’ behind each of the acts of prayer, with an emphasis on the science of Ihsan (Human perfection) as mentioned in the famous Hadith of Jibril. Examples are ‘confirming humbleness’ as the maqasid (Objective) behind glorifying Allah with every move during prayers, ‘achieving consciousness’ of Allah as the objective behind praising God, ‘focusing on one’s prayer’ as the maqasid (Objective) behind facing the direction of the Kabah, and so on.

Imam Al-Tirmidhi also wrote a similar book on pilgrimage, which he entitled, al-Hajj wa Asraruh, Pilgrimage and its Secrets, or inner reality, the word secrets here should be understood by its scientific connotation because that is what it meant to peer into the secrets of the universe, the title therefore alludes to the physiology of the human body and the systems Allah created and placed in it and how pilgrimage affects man’s heart and inner self, so the secrets or rather science of prayer for example refers to how prayer effects the physiology of the body and self, and so similarly with the secrets/science of Hajj.

Modern scientific terminology was only used in our era, the ancient world had its own scientific language we need to translate hence the word secret to an ancient scholar means science in todays terminology because to understand science was to understand the secrets of creation.

2. Abu Zaid al-Balkhi (d.322 AH/933 CE). Wrote one of the first books on the maqasid of dealings (mu’amalat), al-Ibanah an ilal al-Diyanah (Revealing Purposes in Religious Practices), in which he surveys the various purposes behind Islamic rulings. Al-Balkhi also wrote a book dedicated to maslahah (public interest), which he entitled, Masalih al-Abdan wal-Anfus (Benefits for Bodies and Souls), in which he explained how Islamic practices and rulings contribute to health, physically and mentally.

It was another early work on the Physiology of the human body, specifically the connection between the practices of religion and it’s effects on the Body. Our nature and body is key to understanding the wisdom behind the Prophet’s and companions words, this is why the first thing Allah taught the prophet was about the human body and when he made a promise in the Quran to reveal the secrets of the universe to mankind he connected it to understanding what is in our own bodies “In time We shall make them fully understand Our messages

“Three hundred people were in a boat sailing on the sea. They realized that their safety was at risk, and the lives of the majority could only be saved by throwing 10 people overboard. Would it be morally right to kill 10 people in order to save 290?”

This case was presented by Imam al-Ghazali (450-505 A.H./ 1058-1111 A.D.) in his book on the principles of Islamic Jurisprudence called “al-Mustasfa Min ‘lm al-Usul.” (On Legal Theory Of Muslim Jurisprudence).

Unlike Europe at the time, were trial by ordeal was how Justice was established, in Islamic society the justification of moral and legal actions is not based on personal reflection, or personal desire or personal benefits one may derive. Contrast the example of the ship to what America considers a moral dilemma, that is, would you torture one person to save the lives of many, and we can see that Imam al Ghazali solved this matter nearly 1000 years ago.

The majority of Ullema (scholars) hold that the ahkam (Laws) of the Shari’ah contemplate certain objectives, and when they can be identified for a place or situation, it is our duty to pursue them and make an effort to implement them in order to fulfil the general objectives of the Lawgiver, Allah.

“Generally the Shari`ah is predicated on the benefits of the individual and that of the community, and its laws are designed so as to protect these benefits and facilitate improvement and perfection of the conditions of human life on earth. The Qur’an is expressive of this when it singles out the most important purpose of the Prophethood of Muhammad (peace be on him) in such terms as: “We have not sent you but as a mercy to the world” (21: 107). This can also be seen when the Qur’an characterises itself as “a healing to the ailment of the hearts, guidance and mercy for the believers” (10: 57).

“The two uppermost objectives of compassion (rahmah) and guidance (huda) in the foregoing verses are then substantiated by other provisions, in the Qur’an and the Sunnah that seek to establish justice, eliminate prejudice, and alleviate hardship.”

By setting up a just society man can then achieve what Allah ultimately wants, Ihsan, human perfection in order to know him better, to this end Allah revealed the Quran.

“The laws of the Qur’an and the Sunnah also seek to promote cooperation and mutual support within the family and the society at large. Justice itself is a manifestation of Allah’s mercy as well as an objective of the Shari’ah in its own right. Compassion (rahmah) is manifested in the realisation of benefit (maslahah) which the ‘Ulama’ have generally considered to be the all-pervasive value and objective of the Shari’ah and is to all intents and purposes synonymous with rahmah (mercy)”.

Islamic society would then be the umbrella underneath which man could have the peace in life, necessary to achieve the Objectives of Allah.

“Educating the individual (tahdhib al-fard) is another important objective of the Shari’ah so much so that it comes, in order of priority, even before justice and maslahah (peoples interests). For these are both socially-oriented values which acquire much of their meaning in the context of social relations, whereas tahdhib al-fard seeks to make every individual a trustworthy agent and carrier of the values of the Shari’ah, and it is through educating the individual that the Shari’ah seeks to realise most of its social objectives. The overall purpose of a great deal of laws and values of Shari’ah, especially in the spheres of ibadat (devotional matters) and moral teaching, is to train an individual who is mindful of the virtues of taqwa (mindful of Allah in his life) and becomes an agent of benefit to others”.

“The Qur’an is expressive, in numerous places and a variety of contexts, of the rationale, purpose and benefit of its laws so much so that its text becomes characteristically goal-oriented. This feature of the Qur’anic language is common to its laws on civil transactions (mu’amalat) as well as devotional matters (‘ibadat). Thus when the text expounds the rituals of wudu (ablution for prayer) it follows on to declare that “God does not intend to inflict hardship on you. He intends cleanliness for you and to accomplish his favour upon you” (5: 6). Then with regard to the prayer itself, it is declared that “truly salah obstructs promiscuity and evil” (29: 45).

“With reference to jihad (fighting in this context) the Qur’an similarly proclaims its purpose in such terms that “permission is granted to those who fight because they have been wronged” (22: 39). The purpose, in other words, of legalizing jihad is to fight injustice (zulm) and the purpose of salah is to attain spiritual purity and excellence, which is accomplished together with physical cleanliness through ablution before prayer. With reference to the law of just retaliation (qisas), the text similarly declares that “in Qisas there is life for you, o people of understanding” (2:179) (These Laws facilitate the continuation of Life after a murder or similar crime stunts it); and with regard to charity (zakah), the Qur’an validates it “so that wealth does not circulate only among the wealthy” (57:7). According to another text, the believers are under duty to lower their gaze in their encounter with members of the opposite sex, “for this will help you to attain greater purity” (24: 30)”.

The foundations of Islamic Society, which would shape the Islamic world for the next 1400 years, were laid down in the field of Law developed by Muslim’s called Maqasid al Shariah, or the Objectives of Shariah. To appreciate the significance of this we have to picture the world as it was in the year 800AD when this occurred, societies were mostly tribal, pagan and the world empires ruled through force. Europe as we know it was almost non existent and America would not be discovered for another 600 years.

The foundation of society are it’s Laws they not only state how the people of that society will be treated but they also indicate the intellectual state of that society because law shows what that society was capable of understanding about humanity and upholding as values.

For example Europe was in the Dark Ages almost entirely because of it’s Laws, which ordained things like innocence or guilt is decided through superstition and torture, this was famously known as it’s trial by ordeal system, their laws stopped science and development altogether branding them as witchcraft spiralling the entire region into an Abyss it could not take itself out from, contrast this with what the Quran almost commanded about investigating nature and the Universe.

People back then were not in a state to see the world as we do today because they were not capable of perceiving liberty, freedom and human rights as we do, Islam changed all that for the entire world and very literally was responsible for shaping the world into what we see it today because of the developments it made to Law. Islamic scholars discovered, outlined and developed the very ideas of liberty and freedom we often quote, what allowed them to even perceive these ideas in the backdrop that existed around world was the islamic communities striving to achieve Ihsan, Human perfection, as muslims began to study the self and understand it more intricately this impacted on other areas of life such as Law and hence ideas of human perfection led to developments in Law that would help man create a society that could achieve this.

The “Objectives Of Shariah” gave Islamic society direction and something to achieve with it’s system of Law, hence the wisdom behind rulings were investigated and outlined under this legal science.

Scholars began to ask what were the objectives of Islamic Law, some Muslim scholars of jurisprudence, said that Allah revealed such a legislative system or Shari’ah in order to achieve Justice. Other jurists said it is for the purpose of achieving happiness and some others such as Imam al- Ghazali, said it is only for the achievement and realization of man’s benefit on earth.

In the field of Law which governed the Islamic Khalifah, Muslim scholars from the first days of Islam (700AD) developed entire sciences and tools to help the Muslim Ummah govern it’s people, in fact the modern Dictionary was largely invented to help preserve the Arabic language of the Qur’an, it was then adopted by other nations around the world for the task of preserving their languages.

Dictionaries hold the definition of a word at the time it was written and spoken, since language changes over time it becomes important to know what previous generations understood by the words they used in order to understand texts over a 1000 years old, prior to Islam this was not a practice among other civilisations, the preservation and understanding of language is important to the intellectual life of any society.

“Biographical dictionaries are also a characteristic feature of Muslim historical literature. The dictionaries were compiled according to professions, towns or regions, centuries or epochs, etc. Equally great importance was given to genealogical tables, particularly amongst the Arabs; and the relationship of hundreds of thousands of persons of some importance, thus learnt, facilitates the task of the researcher who should desire to penetrate the underlying causes of events”.

“The written-constitution of the State is also an innovation of the Muslims. In fact, Prophet Muhammad (saws) was its author. When he established a City-State at Madinah, he endowed it with a written constitution, which document has come down to us, thanks to Ibn Hisham and Abu ‘Ubaid, and its contents could be divided into 52 clauses. It mentions in precise terms the rights and obligations of the head of the State, of constituent units (within society), and of subjects respectively, in matters of administration, legislation, justice, defence, etc. It dates from the year 622 AD.”

“In its comprehensive character, legal science developed among Muslims very early. They were the first in the world to entertain the thought of an abstract science of law (discussing the theories of Law), distinct from the codes of the general laws of the country. The ancients had their laws, more or less developed and even codified, yet a science which should treat the philosophy and sources of law, and the method of legislation, interpretation, application, etc., of the law was wanting, and this never struck the minds of the jurists before Islam. Since the second century of the Hijrah (800 C.E.) there began to be produced Islamic works of this kind, called Usul al-Fiqh (Principles of Law)”.

We take many things for granted today, by comparison European law prior to 1600 CE  considered that a person was guilty when accused of a crime until they could prove their own innocence, later when this law was changed and they adopted a more Islamic approach their entire society changed with it. The modern legal maxim that “a person is Innocent until proven guilty” also known as the presumption of innocence, was derived from verses in the Qur’an (623AD) like;

“Why did they not bring four witnesses of it? But as they have not brought witnesses they are liars before Allah.”(24:13)

“If any of your women are guilty of lewdness (al-fahishata), Take the evidence of four (Reliable) witnesses from amongst you against them (4:15-16).

These verses set a standard for establishing guilt and asked that anyone accused of a crime, his accuser should prove his guilt first, with reliable witnesses before punishment, in European law until nearly the modern age any man or women who was accused of a crime had to prove their own innocence to be acquitted of the crime.

Because the burden to prove innocence was placed on the person being accused and not the person making the accusation this lead to a lot of corruption and false testimony, and almost the total dysfunction of that society until the enlightenment, the period when they adopted everything Islamic, although it should be noted they did not like to reveal the sources of their inspiration because Europe had declared multiple crusades against Muslims, most often translators of Islamic books would latinise the names of scholars so they were not recognisable.

Allah changed who the burden of proof was upon, when he said “But as they have not brought witnesses they are liars before Allah”. This single point was considered the foundation and basis of modern society and the very thing that allowed Justice to prevail.

The Presumption of innocence can be found in Roman law and indirectly the bible, but Europe did not embrace them from these sources because they did no work to develop upon them, the bible was revealed in Roman times but it was not stated in terms they understood as a legal injunctions. Europe did not look at its sacred text in the same abstract manner as Islamic scholars did, developing and searching for legal theories or Maxims (principles).

The Qur’an on the other hand was carefully studied and analysed in every aspect for well over a thousand years, this way of thinking developed in the islamic world not long after the death of the Prophet (saws), and within 300 years Islam had Four schools of legal thought that governed muslim life in all Islamic Lands, many other minor schools around the world existed but did not survive to our time.

“In the days of antiquity, International Law was neither international nor law. It formed a part of politics and depended on the discretion and mercy of statesmen. Moreover, its rules applied only to a limited number of States inhabited by peoples of the same race, who followed the same religion and spoke the same language. The Muslims were the first to accord it a place in the legal system, creating both rights and obligations. This may be observed in the rules of international law that formed part of a special chapter in the codes and treatises of the Muslim law ever since the earliest times. In fact the most ancient treatise which we possess is the Majmu’ of Zaid ibn ‘Ali, who died in 120 H/737 C.E. That work also contains the chapter in question. Further, the Muslims developed this branch of study as an independent science, and monographs on the subject, under the generic title of Siyar, were found existing even before the middle of the second century of the Hijrah. In his Tawali at-Ta ‘sis, Ibn Hajar relates that the first monograph of the kind hailed from the pen of Abu Hanifah, the contemporary of the above-mentioned Zaid Ibn ‘Ali. The characteristic feature of this international law is, that it makes no discrimination among foreigners. It does not concern inter-Muslim relations, but deals solely with the non-Muslim States of the entire world. Islam in principle forms one single unit and one single organic community.”

The Prophet once made a dua, “O Allah! Guide Quraysh, for the science of the scholar that will come from them will encompass the earth. O Allah! You have let the first of them taste bitterness, so let the latter of them taste reward.”, the Scholars agreed that this was referring to Imam al Shafii whose work al Risala first defined the legal science of Usul al Fiqh (Principles of Jurisprudence), which today is at the heart of all law on earth, the entire Ummah utilised and benefited from the work which systemised Law itself for the other schools of thought that emulated it’s structure.

The Prophet also said: “Truly, Allah shall send forth for this Community, at the onset of every hundred years, someone who will renew their Religion for them.” The scholars agreed, among them Abu Qilaba (d. 276) and Imam Ahmad, that the first narration above signified al-Shafi`i, and the second signified `Umar ibn `Abd al-`Aziz as the first person Allah sent for the Ummah and then Imam al-Shafi`i after him as the second.

Imam Abu Hanifa (d.150) the founder of the Hanafi Madhhab (legal school) which today over 40% of muslims follow, was the first in Islam to organize fiqh under sub-headings categorizing, organizing and embracing the whole of the Law, beginning with purity (tahara) followed by prayer (sala), an order which was retained by all subsequent scholars such as Imam Malik, Shafi`i, Abu Dawud, Bukhari, Muslim, Tirmidhi, and others.

Abu Hurairah (ra) narrated Allah’s Messenger (saw) as saying:”If the Religion were at the Pleiades, even then a person from Persia would have taken hold of it, or one amongst the Persian descent would surely have found it.” Abu Hurairah (ra) also narrates:”We were sitting in the company of Allah’s Apostle (saw) when Surat al-Jum`a was revealed to him and when he recited amongst them, (those who were sitting with the prophet) said `Allah’s Messenger?’ but Allah’s Apostle (saw) made no reply, until he was questioned once, twice or thrice, and there was amongst us Salman the Persian. Allah’s Apostle (saw) placed his hand on Salman and then said:”Even if faith were near the Pleiades, a man from amongst these would surely find it.”

Imam as-Suyuti remarked:”It has been communicated unanimously that this hadith refers to Imam Abu Hanifah (who was a Persian).”

Al-Hafiz al-Kabir Abu Bakr Ahmad al-Harizmi wrote in his book “Musnad”: “Saif al-Aimma’ reports that when Imam Abu Hanifah derived a matter from the Qur’an and Hadith, he would not give the answer to the inquirer unless all of them

It wasn’t long after Prophethood was given to Rasul Allah (saws) that Allah stopped all the devils from acquiring news of the future from the heavens, this point in time was unique because it marked the end of the old world of Soothsayers and Oracles, and began the world of knowledge and Science.

‘Abd-Allaah ibn ‘Abbaas said: “The Prophet (saws) went out with a group of his Companions heading for the marketplace of ‘Ukaaz. This was when the shayaateen (devils) were prevented from getting any news from heaven, and shooting stars had been sent against them. The shayaateen went back to their people, who said, “What is the matter with you?” They said, “We cannot get news from heaven, and shooting stars were sent against us.” Their people said, “Nothing is stopping you from hearing news from heaven except some new event that must have happened. Go and look in the east and the west of the earth, and see if you can find out what it is that is stopping you from hearing news from heaven.” Those who went out in the direction of Tihaamah came upon the Prophet (peace and blessings of Allaah be upon him) in Nakhlah, when he was on his way to ‘Ukaaz, and found him leading his Companions in Fajr (morning) prayer. When they heard the Qur’aan, they listened to it and said, “By Allaah, this is what is stopping us from hearing news from heaven.” When they went back to their people, they said, “O our people, we have heard a wonderful Recital (the Qur’aan). It guides to the Right Path, and we have believed therein, and we shall never join (in worship) anything with our Lord (Allaah).

“A People once came before the Prophet Muhammad (saws) and asked him for proof that he was a Prophet of Allah. They said that Musa, one of Allah’s prophets, He (as) had come before the world with the miracles of the Staff and the White Hand, clear proof of his being a prophet. Isa (saws), they added, was given the Ability to make the blind see and heal the lepers, proving that he was a prophet of Allah. Other prophets, too, had been given the power to perform miracles, and they displayed this ability as proof of their prophethood. “Tell us,” they said, “what miracle have you brought as proof of your prophethood?”

The Prophet (saws) listened in silence to what they had to say, then he read out the verses of the third chapter of the Qur’an:

“In the creation of the heavens and the earth, and in the alternation of night and day, there are signs for men of sense; those that remember Allah when standing, sitting and lying down, and reflect on the creation of the heavens and the earth (saying): ‘Lord, You have not created these in vain (to be never understood). Glory be to You! Save us from the torment of the Fire. Lord, those whom You will cast into hell shall be put to eternal shame: none will help the evil-doers. Lord we have heard a preacher call men to the true faith, saying: ‘Believe in your Lord,’ and we believed. Lord, forgive us our sins and remove from us our evil deeds and make us die with the righteous” (3:193).

The Prophet pointed towards the creations of Allah that man took for granted and said there are signs in them for men of sense, and those that remember Allah and reflect on the creation of the heavens and the earth (saying) Our Lord has not created these things in vain and we will never understand what they truly are. He told them knowing what these things were was the miracle Allah was giving man, in comparison to the miracles Allah gave Musa (as) and Isa (as).

He asked the questioners to consider why these things are created, what purpose did they serve and to study them, these verses gave Muslims one of the reasons and intentions behind the revelation of the Qur’an, the muslim Ummah was instructed to look towards science to explain creation and the function everything had, the Qur’an effectively inspired man to know what Allah created.

This intention of Allah is clearly mentioned in the Qur’an along with the point in time mankind would excel in understanding the deeper scientific aspects of the universe.

Allah promised that “In time We shall make them fully understand Our messages

Once the prophet (saws) reached a level of nearness to Allah in his self it is reported that the Prophet (saws) said: “I was given the keys to (the knowledge of) everything, except the five”. (Ahmad)

“A man from Banu Amir, after asking the Prophet certain questions, said: “Is there any knowledge left which you do not know?” whereupon the Prophet said: “Allah knows better than that, and there is a kind of Unseen knowledge which Allah alone knows: With Him is knowledge of the Hour. He sends down the rain, He knows what is in the wombs, no soul knows what it will earn tomorrow, and no soul knows in what land it will die (31:34).” (Ahmad narrated it and Ibn Kathir mentions it in his Tafsir for Sura Luqman.)

What he wasn’t given knowledge of related to knowing the future or when Allah will decide to decree something to occur, for example before deciding the fate of a people Allah will look at the situation of every person in that society and allow them to act before judgment is given, “On no soul doth Allah Place a burden greater than it can bear. It gets every good that it earns, and it suffers every ill that it earns”(2:286), only Allah knows when that process will finish.

The other matter it relates to are the variables that exist in fate, sometimes Allah will delay or bring things forward in life, these are matters that have variables meaning situations in them can change, which Allah allowed for in the Laws of the Universe. What is left for the prophet and people to know are things that can be known through the laws that govern the universe, because the laws themselves are constant and the pen was allowed to record everything that would occur through them.

If we consider all the different types of knowledge contained in the Qur’an, speaking about the many fields of knowledge such as law, astronomy, mathematics, nature and creation we can understand how Rasul Allah (saws) was given the keys to all the kinds of knowledge relating to creation. The Key to understanding and opening this knowledge for mankind was placed in his heart just as Allah placed the names of all things in the heart of Adam and mankind benefited from that, the keys to all knowledge were a part of the prophet’s (saws) personality, they were then passed on to his companions as He spoke and taught them and they followed his Sunnah in every regard, Sunnah doesn’t simply mean to copy something it means to embody it completely.

This is just as Abu Hurrah (ra) said, the prophet (saws) has passed on and the companions began to dig out those treasures, which is something Allah mentioned in the Quran “They (the Kufar) want to extinguish the light of Allah with their mouths (slander), but Allah will perfect His light (spread that knowledge), although the disbelievers dislike it” (61:8), the light of Allah in this verse is the Quran and the knowledge Allah placed in it, this verse is a reference to what would occur after the prophets death.

The verses in the Qur’an that where revealed to Him, opened the way for knowledge itself to be spread on earth in an unprecedented manner in history that changed this world. Since the Miracle of the Prophet (saws) was the Qur’an and it’s affect on societies and the world through out history, while the miracle of previous Prophets where more immediate in nature, like raising the Dead, Healing the Sick, and parting the Sea, this was something deliberate that Allah (Azza wa Jall) gave to mankind because we would not receive another messenger after the prophet (saws) so Allah’s last revelation and opening to us had to relate to what was left of creation that we did not know.

Ibn Mas`ud narrates: “He has received the keys to everything except the Five (which Allah alone knows).” (Ahmad)

The Prophet (saws) mentioned a type of knowledge which he did not know then gave examples of this kind of Knowledge. Having the Keys to all knowledge does not mean you perceive and know all knowledge at once, a person who holds multiple qualifications does not see all that knowledge at once. He (saws) was given the understanding of all types of Knowledge and the door to open that up to the rest of mankind. This is understood from the term key, to be given the key to something, or the key to open something means the path to gain that treasure, this capacity was placed in His chest and heart, “Which the True Spirit hath brought down,Upon thy heart, that thou mayst be (one) of the warners” (26:193-194), to warn people about what Allah revealed to him.

This means all the kinds of Knowledge mentioned in the Qur’an we know of today, He had to first have the key to understanding it to receive it.

The Messenger of Allah (saws) understood on a deeper level the meaning of every verse in the Qur’an, it is only now that we have a better idea the extent of that knowledge because as science advanced we also know more about the verses in the Qur’an that speak about almost every kind of science.

Adam (as) was given the names of everything, to know the name of something is the beginning of knowing it and the knowledge of it is the end of that process. This is because Adam (as) began mans Journey in the Universe and the prophet Muhammad (saws) would end it, between the point in time of each prophet lived on earth is everything that Allah wished to give to mankind.

We can see that the work man initially did on earth from the time of Adam was to know (mostly) the spiritual world and those things in it, Allah tests to this in the Qruan in surah al Shams (the sun, 91) Allah talks about how the tribe of Thamud understood the spiritual influence of the sun, moon and earths atmosphere had on the soul and shaped it “TO