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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

Enjoining benefit in safeguarding life includes:
a. Commandments to seek and enjoy the bounties of Allāh SWT in
this world and to benefit them in such a way not detrimental to life;
and

b. Encouragement and commandments to benefit from the exceptions
(rukhṣah) in certain situations that endanger one’s life or health.

Avoiding harm in safeguarding life includes:
a. Severe punishment to those who kill others;

b. Prohibition of putting one’s life in a detrimental or evil situation;
and

c. Stern indicative warning to those who cause the destruction of
the universe.

3. Protection of Lineage
Sharī’ah regards lineage as a sacred and essential component of
life. It is the source of happiness as human beings evolved, nurtured
and developed in chain of lineage. Islām puts a great emphasis on lineage
and there are specific sets of Sharī’ah to govern the affairs of lineage.
Enjoining benefit in safeguarding lineage includes:
a. Permissibility of marriage and its degree of injunction. Marriage
would be obligatory or encouraged depending on one’s condition;

b. Permissibility of polygamous marriage; and

c. Observance of ‘aurah.

Avoiding harm in safeguarding lineage includes:
a. Prohibition of unlawful sexual intercourse (zinā); and
b. Prohibition of close proximity (khalwah).

4. Protection of Intellect
Intellect is one of the human capacities that differentiate man from
animal. Islām regards intellect highly because it plays a significant
role in Sharī’ah injunction (taklīf). Hence, this precious gift should be
protected accordingly in avoiding its destruction.

Enjoining benefit in safeguarding intellect includes:
a. Allāh SWT commandment of constant contemplation of His
creation of universe in learning a lesson that may enhance
one’s intellect and eventually bring him to the submission to
Allāh SWT; and

b. Islām encourages the exertion of one’s intellectual capability
(ijtihād) in resolving issues.