New Essential Values of Daruriyyah of the Objectives of Islamic Law

Abstract

The main purpose of this article is to introduce two more essential values of daruriyyat (the essential/ the necessities) in accordance to objective of Islamic law namely preservation/protection of environment (Hifz al-Bi`ah) and preservation of health and protection of disease (hifz al-sihhah wa daf’ al-marad). It could be hardly possible that the existent and classical categories of the objectives of Islamic law (maqasid shari`ah) namely: the essential (daruriyyat); the complimentary (al-hajiyyat); the embellishments (al-Tahsiniyyat), could discover and formulate God’s Will without tajdid al-`aql wa l-fahm (renewal of mind and understanding) to cope the challenge of modern and the globalization. In the age of globalization, Muslim jurists are being criticized for static or not dynamic understanding of the objective of Islamic law, which make them having lost contact with the changing conditions of contemporary life. In other words, they are unable to relate the objective of Islamic law (maqasid shariah) to modern situation. To response to the modern age, it is an urgently need to regard the preservation/protection of environment; the preservation/protection of health hifz al-Sihhah wa daf` al-marad (protection of disease), as an essential element of maqasid al-shari`ah.