Inquiries on the Science of the Objectives of Sharia (Part 18)
2. Masalek Al- ‘Illat
Paying attention to the causes of command and prohibition—such as marriage, which is established and legislated for the sake of the continuation of lineage, and sale, which is established and legislated for the sake of profiting from the item being sold—are considered means of understanding the Objectives of Sharia. These causes are referred to as “Masalek Al-‘Illa” in the principles of jurisprudence. Therefore, we will discuss and examine the access to the purposes of Sharia and the recognition of its goals and objectives through “Masalek Al- ‘Illat” and “Ilaal al-Hokm” below.
Masalek Al- ‘Illat (Knowing the Objectives of Sharia through the Causes of Command and Prohibition)
The second way of knowing and recognizing the Objectives of Sharia is through “knowing the causes of command and prohibition,” which is similar to “induction” but differs in terms of how the causes are understood. The identification of the causes of command and prohibition is referred to as “Masalek Al- ‘Illat” (paths that guide to the cause) by the Usuli’n. According to their view, these paths can be classified into nine types: “consensus, text, indication, relevance, similarity, division, rotation, rejection, and refinement of the pattern.”
Through these nine types of “Masalek Al- ‘Illat,” scholars have attempted to achieve the objectives of the Sharia and gain knowledge about them. Below, we will briefly describe and explain them through examples:
A. Consensus (Ijma)
One of the nine ways to achieve the goals and objectives of the Sharia through the causes of the Sharia commands and prohibitions is “consensus.” According to the scholars of the principles of jurisprudence, in analogy, the mere existence of a cause in both the main and subsidiary cases is not sufficient; an additional reason is necessary to validate the cause as a legitimate witness.
Consensus serves as a reason that reflects the agreement of the Ummah of Muhammad (peace and blessings of Allah be upon him) regarding a ruling due to the presence of a specific description. For example, a brother who is an Ahyani (a brother who shares both parents) has priority in inheritance over a brother who is an Alati (a brother who shares only a father). This is because the lineage of an Ahyani brother is closer and stronger than that of an Alati brother. Therefore, based on this reasoning, it is concluded that the guardianship in marriage belongs to the Ahyani brother rather than the Alati brother. Similarly, if someone dies and has both an Ahyani and an Alati brother, the Ahyani brother is more entitled to perform the funeral prayer than the Alati brother. The description of closer kinship has been established through consensus and is considered the reason for the ruling.
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