Inquiries on the Science of the Objectives of Sharia (Part 5)
The Benefits of the Objectives of Sharia
It should be noted that the objectives of Sharia in Islamic jurisprudence (Fiqh) have many significant benefits in understanding jurisprudence and its derivation. Islamic scholars and jurists have highlighted several benefits, which are explained below:
1.Assisting in Deriving Rulings
Understanding the causes and objectives of Sharia rules empowers the mujtahid (a jurist qualified to make legal decisions) to derive rulings from Sharia evidence, considering both general and specific wisdom and purposes. Allama Ibn Rushd may Allah have mercy on him, the author of “Badaya al-Mujtahid,” discusses the reasons for differing opinions and explanations of rulings in many places. Specifically, in cases of conflicting evidence, knowledge of the objectives aids the mujtahid in making decisions.
When conflicts arise among the sources, the mujtahid can analyze combinations, compatibility, or preferences among the conflicting reasons through this body of knowledge. Additionally, understanding the objectives of Sharia assists the mujtahid in appropriately applying the rulings. As stated in the Holy Qur’an regarding Qisas (retribution): «وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ» (Translation: “There is life for you in retribution, you possessors of wisdom, perhaps you will practice piety”).
Different schools of jurisprudence have differing views on implementing retribution for someone who caused death by means other than murder, such as by using a heavy object like a large stone or a skewer. Some schools argue that retribution is not applicable because the means of death does not constitute direct injury; while another group contends that the killer’s intention is paramount, asserting that retribution must apply since using such means indicates intent to kill. If retribution were not obligatory in such cases, those with malicious intent could claim innocence by choosing non-aggressive methods to kill. Therefore, the objectives of Sharia necessitate retribution in these situations.
2. Guidance in Deducing Verdicts on New Issues
The objectives of Sharia also provide guidance for addressing new issues. The validity, strength, moderation, or extremism of a fatwa (legal opinion) in new matters can be assessed by referencing the overarching objectives of Sharia. Consequently, a fatwa must align with the fundamental objectives and rulings of the religion. As illustrated, some muftis have issued extreme fatwas due to neglecting the objectives of Sharia.
In contexts where Sharia texts are limited and the emergence of new issues is prevalent, the objectives of Sharia serve as a valuable guide for deriving rulings. Issues such as breast milk banks, organ transplantation, and prayers conducted on airplanes are examples of contemporary ethical dilemmas.
If a person wishes to preserve their sperm before death so that it can later be implanted into their wife’s womb for the purpose of conception after their passing, it is perceived as a novel and noble endeavor. This practice, promoted by certain advancements in Western technology, conflicts with the objectives of Sharia because it can lead to illicit relationships and societal corruption. There remains a risk that a woman’s pregnancy might result from sperm that is not from her deceased husband, potentially complicating familial identity. Moreover, renting the wombs of other women for procreation contradicts Sharia objectives; a child conceived outside of its biological mother’s womb cannot truly be considered her child. As Allah states: «إِنْ أُمَّهَاتُهُمْ إِلَّا اللَّائِي وَلَدْنَهُمْ» (Translation: “They are not mothers except for those who gave birth to them”).
