Inquiries on the Science of the Objectives of Sharia (Part 55)
Removing Harm and Specific and Partial Objectives
Facilitating and removing harm is another general objective of Islamic Sharia, which serves as the foundational principle and rule at the heart of most Sharia rulings. Specific objectives encompass areas of worship, transactions, punishments, and crimes. It also pursues partial objectives in all its Sharia rulings, whether obligatory, forbidden, abominable, recommended, or otherwise.
1. Facilitating and Removing Harm
Another general objective of Islamic Sharia is to remove harm from people and create “ease and convenience” for them. Harm is understood as hardship and severity, and Allah Almighty has not placed any hardship or severity in legislating His laws, commands, and prohibitions.
Various verses of the Holy Quran clarify this principle. As Allah the Almighty says: «وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ.» Translation: “Allah the Almighty has not placed upon you in religion any hardship.”
Scholars have differing interpretations regarding the nature of the hardship that Allah has removed from His servants. Some have stated that removing hardship allows for the permissibility of marrying two, three, or four women. Others believe it refers to breaking the prayer and fasting for travelers, praying by gesturing for someone unable to pray, and exempting those excused from jihad.
Some scholars argue that the removal of hardship means Allah did not impose difficult rulings on Muslims, but rather mandated actions that they are capable of performing, alleviating burdensome duties from their shoulders, and not asking them to serve Him with excessively difficult tasks as was the case with the Children of Israel.
Additionally, some interpret the removal of hardship as Allah providing a way for Muslims to avoid sin by allowing repentance and seeking forgiveness, along with legislating expiation, blood money, and retaliatory justice for crimes. However, it can be deduced from the apparent meaning of these verses that the removal of hardship is general and not confined to any specific instances; rather, it signifies Allah’s alleviation of difficult and burdensome duties from His servants. This may involve not obligating them at all, easing their obligations, or providing legitimate means for them to be free from sin.
As Allah the Almighty says: «فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ.» Translation: “So fear Allah as much as you can.”
In another verse, He says: «یریدُ اللهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْر.» Translation: “Allah desires for you ease and does not desire hardship for you.” And in yet another verse, it states: «مَا يُرِيدُ اللهُ لِيَجْعَلَ عَلَيْكُمْ مِن حرج…» Translation: “Allah does not want to place upon you any hardship.”
Based on the principle of removing hardship in Islam, jurists have deduced several principles and rules, forming the basis for deriving many secondary rules related to worship and transactions.
Among these principles are:
1. Whenever something is difficult, an opening for ease is provided.
2. Hardship invites leniency.
3. Preventing harm is more important than securing benefits.
4. Necessary circumstances can make the forbidden permissible.
5. What is inherently forbidden can become permissible in times of necessity.
Islamic scholars link the criteria for identifying hardship that leads to easing and relaxing rulings to the customs of the people. This serves as a religious principle that Islamic jurists utilize to recognize rulings for recent events and incidents.
Hadiths in the Prophetic Sunnah also address this subject. For instance, the Prophet (PBUH) said: «إِنَّ الدِّينَ يُسْرٌ وَلَنْ يُشَادَّ الدِّينَ أَحَدٌ إِلَّا غَلَبَهُ، فَسَدِّدُوا وَقَارِبُوا وَأَبْشِرُوا وَاسْتَعِينُوا بِالْغَدْوَةِ وَالرَّوْحَةِ وَشَيْءٍ مِنْ الدلجة» Translation: “Indeed, religion is easy and simple. No one should delve into religion unnecessarily, for he will be defeated. So be firm, supportive of one another, and give good tidings. Remember Allah in the evenings, the mornings, and part of the night, and seek His help.”
The phrase «وَلَنْ يُشَادَّ الدِّينَ أَحَدٌ إِلَّا غَلَبَهُ» means do not delve too deeply into religious practices, for you may be defeated. If one grows overly meticulous in their actions and forsakes gentleness and ease, they will likely find themselves weakened and defeated. Imam Bukhari dedicated a chapter in his Sahih under the title “The Opposites are Easy.”
Ayesha (MABH) related: The Prophet (PBUH) would never opt for two matters unless he chose the easier one, provided that it did not lead to sin. If it did lead to sin, he would avoid it better than anyone else.
Anas (MABH) reported that the Prophet (PBUH) said: «یسّرُوا وَلَا تُعَسِّرُوا وَبَشِّرُوا وَلَا تُنفِّرُوا.» Translation: “Make things easy and do not make them difficult; give glad tidings and do not turn away from them.”
Additionally, Abu Hurairah (MABH) reported that a Bedouin urinated in the mosque of the Prophet (PBUH), and the people stood up to punish him. The Prophet (PBUH) instructed: «دَعُوهُ وأَهْرِيقُوا عَلَى بَوْلِهِ سَجْلًا مِنْ مَاءٍ، أَوْ ذَنُوبًا مِنْ مَاءٍ، فَإِنَّمَا بُعِثْتُمْ مُیسِّرِينَ، وَلَمْ تُبْعَثُوا مُعَسِّرِينَ» Translation: “Leave him alone and sprinkle some water on his urine, for you have been sent to make things easy, not to make them difficult.”
The meaning of the hadiths that advocate ease indicates that going too far and exceeding the limits in worship and related matters is reprehensible and unlawful. It is better that all good deeds are performed within one’s capacity and in ways that relieve the doer from hardship and ruin. Authentic hadith records the Messenger of Allah (PBUH) stating: «بُعِثْتُ بِالْحَنِيفِيةِ السَّمْحَةِ.» Translation: “I have been sent with a religion of ease, which provides a comfortable life.”
It is narrated by Abi Sarmah: «مَنْ ضَارَّ ضَارَّ اللَّهُ بِهِ، وَمَنْ شَاقَّ شَقَّ اللهُ عَلَيْهِ.» Translation: “Whoever causes harm, Allah will cause harm to him, and whoever imposes difficulty on people, Allah will impose difficulty on him.”
Conditions of General Objectives
General objectives have several conditions that must be met:
1. Establishment: This means it is established that gaining public benefit or warding off public harm is certain or nearly certain.
2. Clarity: The objective must be clear so that jurists do not disagree about it; disagreements cannot be considered a general objective.
3. Discipline: It means that the objective must have a valid limit that it does not exceed, applying equally to all individuals. For example, sufficiency in marriage combines both disciplined and undisciplined characteristics. The conditions of Islam and the ability to spend are examples of accidental and disciplined matters of sufficiency. However, similarity and equality in wealth and lineage are characteristics that lack discipline.
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