Inquiries on the Science of Objectives of Sharia (Part 28)
C: Interpretations of the Shareh (Interpreter)
D: The Shareh Silence Despite the Necessity and the Absence of Obstacles
The rulings in which we intend to recognize the objectives are not excluded from three cases. Either the Shareh has proven it in a way that its intention is not hidden; for example, by commanding, encouraging, mentioning virtues, etc. In this case, the Sharia’s ruling is related to obligation or at least to reproach. Or, in some way, the Shareh’s intention is not related to it; for example, by prohibiting, threatening, and denouncing, in which case the Shareh’s ruling is related to sanctity or at least to dislike.
Or the Shareh has been silent about it and has not addressed it with a command or prohibition. In this case, there are two sub-cases:
The first case: Silence due to lack of necessity; the Shareh’s silence is due to a lack of necessity for the command or prohibition, and there is no problem in carrying them out. This is similar to the events that occurred after the death of the Messenger of Allah (peace and blessings of Allah be upon him). The people of Sharia have referred to the generalities of Sharia regarding its implementation; for example, compiling the Holy Quran in a single Mushaf, compiling sciences, performing Tarawih prayers in congregation behind an imam, learning Arabic, etc.
The second case: If the silence of the Shareh was in a situation where there is a need, according to some scholars of Maqasid, the intention of the Shareh would be the illegitimacy of this action.
Summary and Conclusion
– The role of explicit commands and prohibitions, or, in other words, the appearance of the Quranic and Prophetic texts in understanding the objectives, is clear because servants are addressed in most Sharia rulings with these types of expressions.
– The will of Sharia is known as one of the most important aspects of the objectives of Sharia.
– The expression in the words “good” and “evil,” “benefit” and “harm,” and other terms that indicate benefits or corruptions are valid in the important values of the objectives.
– The silence of the Shareh, despite the necessity and the absence of an obstacle, has three cases, each of which has a separate ruling. However, according to some scholars, the intention of the Sharia is the illegitimacy of this act.
– Regarding the explanation of the religious rulings, Sunni scholars are divided into two groups: those who believe in explanation and those who deny it. Those who believe in explanation include a group of scholars and researchers, while those who deny it are divided by Allama Ibn Taymiyyah into two groups: one is the Ash’ariyyah and the second is the Ahl al-Zawahir and Ibn Hazm.
– The Ash’ariyyah and their supporters argue that the actions of Allah Almighty are not necessarily for a cause; instead, the rulings are related to the cause. They distinguish between the subjects of rulings and monotheism. The Ahl al-Zawahir and Ibn Hazm assert that the actions and rulings of Allah are not related to any cause and absolutely reject the issue of explanation.
