Inquiries on the Science of the Objectives of Sharia (Part 10)
Abstract
Cause, wisdom, reason, criteria, and criteria are among the key terms in discussions related to the purposes of religion and the philosophy of laws, corruption, and interests. “Cause” has several meanings that have been used in different fields. In this discussion, it is meant to express the intention of the lawgiver and is almost synonymous with the term’s wisdom and criteria of laws.
The noteworthy point is that Shatibi interprets cause as benefit and harm. This is because he pays full attention to the purposes of laws, and the term “ta’lil,” meaning the reasoning of Sharia laws to “attract benefit and repel corruption,” derives from this. He has also used the term “taqsid” elsewhere instead of reasoning. Therefore, the views of scholars on the affirmation and denial of Sharia purposes will be expressed in this discussion.
Justification (Ta’lil) of Laws
In this discussion, we will explore the cause of Sharia laws and examine whether, in principle, Islamic Sharia laws have a purpose and goal. We will analyze this in light of the views of Islamic scholars.
Scholars’ Views
Do divine actions and rulings have purposes and justifications? Islamic scholars disagree, and opinions on this subject are divided into two groups: “those who deny” the justification of rulings and “those who believe in justification.”
A: Those who believe in justification ( Ta’lil)
A group of Sunni scholars and researchers posits that there is no disagreement among jurists that the laws of the prophets revolve around the interests of people in their religious and worldly affairs. Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, attributed this view to the followers of the four madhhabs, as well as to most scholars of hadith and interpretation, philosophy, early scholars, and some later ones.
Ibn al-Qayyim, may Allah have mercy on him, stated: “The justification of rulings is the view of those who investigate, including the Usulists, jurists, theologians, and Mu’tazila.” He added: “The Quran and the Sunnah of the Prophet, may Allah bless him and grant him peace, are full of the justification of rulings.” He remarked, “If there were about a hundred or two hundred such cases, we would abandon them; but there are more than a thousand cases.” In his famous book, «اعلام الموقعين عن رب العالمین», he discusses the validity of analogy and presents two titles to support the issue of reasoning about rulings:
1. “The Quran explains rulings”: In relation to this title, he argues with many verses and cites words that indicate reasoning about rulings.
2. “The Prophet explains rulings”: Under this title, he also cites numerous hadiths that, in his opinion, refer to reasoning about rulings.
Similarly, the renowned commentator (Qurtubi) states in his commentary: “Among the wise men of the world, there is no disagreement that the ultimate goal of the laws of the prophets is the religious and worldly interests of mankind.”
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