Maqasid Al-Syari'ah & COVID-19: What Can We Learn? + My Insight in Big and Smaller Scale
Assalamualaikum and good day. As for today 16 November 2020 as I started writing this entry, the world is facing an outbreak of a global pandemic named Coronavirus disease (COVID-19) and we are currently having 54.2 million of cases around the globe and counting. This second entry will be much more in depth analyses and we are going to explore some basic ideas of Maqasid Al-Syari'ah, COVID-19 and how can we learn from this two terms. I am going to separate this entry into different parts as stated below:
Part 2: Correlation of Maqasid Al-Syari'ah & COVID-19
Part 4: Lessons and Conclusion
This entry requires a lot of reading and understanding to begin with and there will be a lot of critical comments and reviews, so feel free to take every thing in this entry with a grain of salt and let's have a healthy discussion. Without further a do, let's begin.
Part 1: Brief Introduction of COVID-19 and Maqasid Al-Syari'ah
Coronavirus disease (COVID-19) is an infectious disease caused by a newly discovered coronavirus. Most people infected with the COVID-19 virus will experience mild to moderate respiratory illness and recover without requiring special treatment. Older people, and those with underlying medical problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more likely to develop serious illness.
The COVID-19 virus spreads primarily through droplets of saliva or discharge from the nose when an infected person coughs or sneezes, so it’s important that you also practice respiratory etiquette (for example, by coughing into a flexed elbow).
Maqasid is the plural form of maqsad and maqsid (المقاصد), derived from the word qasada (قصد) in Arabic which means heading towards a direction. While, syari’ah means water springs where it is the source of drinks, paths, what is sanctioned by Allah in the aspect of aqidah as well as rulings, the religion and the opinions of madhab which is clear and straight.
While according to syarak, the scholars have presented various definitions. Syeikh ‘Allal al-Fasi defined the Maqasid al-Syari’ah as: The purposes of Shari’ah as well as its secrets set by Allah SWT for each rulings.
To make this entry no longer than it should, Maqasid Al-Shari'ah generally categorize the necessities into 5 different preservations (in no specific order) which is:
- Protection of Life
- Protection of Faith
- Protection of Intellect
- Protection of Lineage
- Protection of Property
For this entry we will going to focus mainly on the first part and we will see the connection in Part 2.
Part 2: Correlation of Maqasid Al-Syari'ah & COVID-19
After we understand the underlying concepts for both terms, let's take a look how they correlate each other. It is easy to understand, this disease affects humans' lives and can be fatal. Thus, with the understanding of the Maqasid, we know that we are handling this pandemic with Protection of Life principle in hand. Without this Maqasid Al-Syari'ah, we are not going to be able to construct new law and rulings for the purpose of saving lives.
What do I mean with 'construct new law'? First, let's understand the source of Islamic Law. The sources could be agreed or disagreed upon. Maslahah Mursalah is one of the example of sources that could be disagreed upon.
Maslahah Mursalah is a way to construct or establish new set of Islamic rulings, easier to understand with Al-Ghazali's (505H/1112AD) definition of it which is “the benefit that intended by The Law Giver for mankind in preservation and protection of their religion, life, reason, linage and property. Whatever ensures the protection of these five things is beneficial (maslahah), and whatever causes the missing of these five things is harmful (mafsadah) and to remove it, is a maslahah.”
In the definition above, we already know this pandemic is deadly thus it is a mafsadah and whatever new rulings the scholar decided to establish is mursalah as it is beneficial to us in this moment of time. Bare in mind, Maslahah Mursalah is not a way to construct new law recklessly. This method of law construction is in line with Qur'an and Sunnah with consensus and analogy.
Now, what are the examples of the new set of rulings that abide the Maqasid Al-Syari'ah with Maslahah Mursalah method of law establishment in this current COVID-19 pandemic? Let's discuss that on the next part.
Part 3: Insight in Big and Smaller Scale (+ SDG)
In 19 September 2020, Prime Minister of Malaysia, Tan Sri Muhyiddin Yassin said Maqasid Al-Syari'ah serves as the guiding principles in mobilising the government’s efforts in the fight against COVID-19. Malaysia is one of the countries that is abiding the Maqasid and many new rulings are established since the beginning of the outbreak.
The establishment of Movement Control Order (MCO) which is a cordon sanitaire implemented as a preventive measure which prohibits movement and mass assembly nationwide, including all religious, sports, social and cultural activities. All religious activities in mosques suspended, including Friday prayers too.
This MCO has varied opinions among Malaysians. Most of them agreed with the order but some are questioning it. Some of the questions sounds like, "Friday prayer is obligated and masjid should never be closed down as it is a sacred place to pray. Are we scared of the virus or Allah S.W.T.?" This is why the understanding of Maqasid Al-Syari'ah and the Islamic jurisprudence is important to remember and taking into account. Originally, yes it is obligated to perform Friday prayer for males but because of the outbreak and we are responsible to protect lives, new set of rules are constructed to prevent any new chains of infection.
As an IIUM student, IIUM also has taken many preventive measures to break the existing chain of infection especially in Gombak campus. In the moment of writing this entry, all Malaysia except Perlis, Terengganu, and Kelantan is having an Conditional Movement Control Order (CMCO) which reinforce tighter rules.
IIUM has declared an official guidelines during this CMCO and some are the preventive measures stated there are all classes will be conducted through remote teaching and learning (RTL) during CMCO period and on campus students shall not be allowed to leave the campus after 22nd November 2020 unless deemed necessary.
In my humble opinion, at first, I feel like this new guidelines are a hassle not to just students, but also to all IIUM staffs. It burdens the majority of the students and just makes the whole learning sounds worse. But after understanding Maqasid Al-Syari'ah and how fatal this outbreak can be, I started to accept the reality and how IIUM established this new guidelines in mind.
There are also personal preventive measures. For me, not going out when it's not necessary, avoid any crowded or confined places, practice great hygiene habits, and the lists go on. Understanding the virus and how it affects are also important in a long run too.
This outbreak also is a great challenge to the Sustainable Development Goals (SDG) and 2030 agenda but we also can take some of the goals and target to fully rid this virus. SDG 3 of Good Health and Well-being is the vital goals in this current moment. Target 3.B of Support Reasearch, Development and Universal Access to Affordable Vaccines and Medicines is the most important target of all.
Part 4: Lessons and Conclusion
We are responsible. We are in this together. We must help to stop this pandemic. Islam has been handling pandemics for more than 1,400 years and an honest study of the traditions of the Holy Prophet Muhammad, peace and blessings of Allah be upon him, demonstrates that infection control is inherent in Islamic practices.
We must abide any guidelines prior to this outbreak. Not just questioning without any research. The Holy Prophet SAW recognised and preached the importance of travel bans and quarantine in places contaminated with disease in order to mitigate the spread of illness. He said, “If you hear of an outbreak of plague in a land, do not enter it; and if the plague breaks out in a place while you are in it, do not leave that place.” (Sahih al-Bukhari)
And Islam really practices great hygiene. Really great example would be of how we clean ourselves by ablution before any prayer. Any Muslim child can quote verbatim the tradition that states, “Cleanliness is half of the faith.”
Holy Prophet SAW he has preached about the end-time events in which the plague will spread. If we reflect on what happened then we will know that everything that happens is due to our own acts of tyranny. Thus, a disaster through disease is an epidemic that no one is able to eradicate it except with the permission of Allah SWT.
"And if Allah should touch you with adversity, there is no remover of it except Him; and if He intends for you good, then there is no repeller of His bounty. He causes it to reach whom He wills of His servants. And He is the Forgiving, the Merciful."
(10:107) (Sahih International)
Thank you for reading this entry and assalamulaikum.
References (in no specific order) :
Coronavirus: https://www.who.int/health-topics/coronavirus#tab=tab_1
Pejabat Mufti Wilayah Persekutuan - IRSYAD USUL AL-FIQH SERIES 33: INTRODUCTION TO MAQASID AL-SYARI’AH: https://muftiwp.gov.my/en/artikel/irsyad-usul-fiqh/3099-irsyad-usul-al-fiqh-33-introduction-to-maqasid-al-syariah
Maqasid Shariah: https://www.kfh.com.my/malaysia/personal/about-us/islamic-banking-services/maqasid-shariah.html
Muhyiddin: Maqasid syariah serves as guiding principles in govt's fight against Covid-19 | The Edge Markets: https://www.theedgemarkets.com/article/muhyiddin-maqasid-syariah-serves-guiding-principles-govts-fight-against-covid19
01| Preventive Medicine and Maqasid Al-Shari’ah: The case of COVID-19 | Revelation and Science: https://journals.iium.edu.my/revival/index.php/revival/article/view/259
The Confusion about Maslahah Implementation in Ijtihad Discourse: http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2027%20(3)%20Sep.%202019/32%20JSSH-3767-2018.pdf
Ambil Iktibar musibah wabak penyakit yang Allah SWT turunkan – Dr. Nur Mohamad Hadi bin Zahalan – USIM | UNIVERSITI SAINS ISLAM MALAYSIA: https://www.usim.edu.my/news/face-of-usim/ambil-iktibar-musibah-wabak-penyakit-yang-allah-swt-turunkan-dr-nur-mohamad-hadi-bin-zahalan/
CONSIDERATION OF PUBLIC INTEREST (AL-MASALIH AL MURSALAH/ISTISLAH): https://islamicbankers.files.wordpress.com/2015/08/consideration-of-public-interest-91.pdf
Syariah judiciary, legal institution continues to be strengthened, empowered — PM | The Edge Markets: https://www.theedgemarkets.com/article/syariah-judiciary-legal-institution-continues-be-strengthened-empowered-%E2%80%94-pm
COVID-19 and the SDGs | UNDP: https://feature.undp.org/covid-19-and-the-sdgs/
2020 Malaysia movement control order - Wikipedia: https://en.wikipedia.org/wiki/2020_Malaysia_movement_control_order
Goal 3: Good Health and Well-being | The Global Goals: https://www.globalgoals.org/3-good-health-and-well-being
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