Inquiries on the Science of the Objectives of Sharia (Part 30)
Now we will briefly explain these objectives:
Basically, the main objective of legislating rulings in Islamic Sharia is to protect the true interests of humans and ward off genuine corruptions from them. This has been stated in the writings of both ancient and modern scholars under different terms and titles; however, it has been expressed with a single objective and divided into three categories: necessities, needs, and praises. Some have interpreted it as three objectives while others have interpreted it as three interests.
It should be noted that the limitation of human interests or religious objectives to the aforementioned three types is an inductive limitation that arises from studying the objectives of religious texts on one hand and investigating human interests on the other.
Imam Muhammad Ghazali addressed this issue in his book Al-Mustasfi fi ‘Ilm al-Usul; he divides the objectives of the Sharia into necessities, needs, and praises. In the order of necessities, he refers to the five objectives of the Sharia: preserving religion, preserving life, preserving reason, preserving offspring, and preserving people’s property. He states, “Whatever serves to preserve these five principles is considered beneficial, and whatever causes them to diverge is corrupt.” He concludes, “It is impossible for a religion and Sharia that seeks to reform humanity to be devoid of these objectives. Every Sharia does not differ in prohibiting infidelity, murder, adultery, theft, and drinking intoxicants.”
The verses of the Holy Quran and the Prophetic hadiths clearly state this issue. Allah Almighty says:
«يَا أَيُّهَا النَّبِيُّ إِذَا جَاءكَ الْمُؤْمِنَاتُ يُبَايِعْنَكَ عَلَى أَن لَّا يُشْرِكْنَ بِاللَّهِ شَيْئاً وَلَا يَسْرِقْنَ وَلَا يَزْنِينَ وَلَا يَقْتُلْنَ أَوْلَادَهُنَّ وَلَا يَأْتِينَ بِبُهْتَانٍ يَفْتَرِينَهُ بَيْنَ أَيْدِيهِنَّ وَأَرْجُلِهِنَّ وَلَا يَعْصِينَكَ فِي مَعْرُوفٍ فَبَايِعْهُنَّ وَاسْتَغْفِرْ لَهُنَّ اللَّهَ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ.» [Translation] “O Prophet! When the believing women come to you to pledge allegiance to you, (let them do so) on the condition that they will not associate anything with Allah, nor steal, nor commit adultery, nor kill their children, nor bring forth slander they have fabricated among themselves, nor disobey you in what is kindly recognized. So, pledge allegiance to them and ask forgiveness for them.”
It is stated in the noble Hadith that when the Messenger of Allah (peace and blessings of Allah be upon him) was taking the allegiance of the women of Makkah, when they reached this clause in the conditions of allegiance, Hind, the wife of Abu Sufyan, said: “Abu Sufyan is a stingy man, and I take my food and expenses from his wealth. Is this right?” The Messenger of Allah (peace and blessings of Allah be upon him) said: “Yes! It is lawful for you.”
The condition “ألا يشركن” refers to preserving religion, with monotheism and non-polytheism being at the forefront of all matters. The condition “ولا يسرقن” refers to preserving wealth, meaning that theft, usurpation, embezzlement, and similar acts are forbidden as they are seen as encroachments on wealth. The condition “ولا يزنين” pertains to the preservation of offspring since adultery and sodomy pose significant threats to familial structures. The condition “ولا يقتلن” pertains to the preservation of the soul after its existence.
This incident occurred on the day of the Conquest of Makkah when women came to the Messenger of Allah (peace and blessings of Allah be upon him) to pledge allegiance to him; thus, Allah Almighty commanded His Prophet to take allegiance from them on these terms.
The preservation of intellect is not specified in this verse, as it is considered a part of the soul. A person is regarded as reliable when blessed with intellect. Given the high status of intellect and its unmatched importance, Islamic law has linked certain rulings to it, and Islamic scholars have expounded on it individually, as all purposes relate to it—the correctness of duties hinges upon this understanding.
What highlights the significance of these matters is that the Muslims’ pledge of allegiance during the Makki era, as well as the pledge at Aqaba, was based on these same principles. Imam Bukhari narrates in the chapter “Deputies of the Ansar” from Ubadah ibn Samit (may Allah be pleased with him), who was part of the Ansar delegation at the first Aqaba. The Messenger of Allah (peace and blessings of Allah be upon him) said while a group of his Sahaba was gathered: “Pledge allegiance to me that you will not associate anything with Allah, that you will not steal, that you will not commit adultery, that you will not kill your children, that you will not slander people about what you have invented, and that you will not turn away from good and lawful deeds. Whoever fulfills this [covenant], his reward will be with Allah, and whoever commits one of these sins and is punished for it in this world, this [worldly] punishment will be an expiation for him. Whoever commits one of these sins and Allah covers it for him, his matter is left to Allah. If He wills, He will forgive him; if He wills, He will punish him.”
The narrator states: “We swore allegiance to the Messenger of Allah (peace and blessings of Allah be upon him) on these matters.”
What crystallizes the importance of these purposes is that Allah Almighty has established punishments (Hudud) for violators, such as: retribution, the penalty for apostasy, the punishment for intoxicants, the punishment for theft, and the punishment for adultery. Allah Almighty says in this regard: «قُلْ تَعَالَوْا أَتْلُ مَا حَرَّمَ رَبُّكُمْ عَلَيْكُمْ أَلَّا تُشْرِكُوا بِهِ شَيْئًا وَبِالْوَالِدَينِ إِحْسَانًا وَلَا تَقْتُلُوا أَوْلَادَكُم مِّنْ إِمْلَاقٍ نَّحْنُ نَرْزُقُكُمْ وَإِيَّاهُمْ وَلَا تَقْرَبُوا الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَلَا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ ذَلِكُمْ وَصَّاكُم بِهِ لَعَلَّكُمْ تَعْقِلُونَ.» [Translation] “Say: Come, I will explain to you what your Lord has forbidden you: that you associate no partners with Allah, and that you be kind to your parents, and that you do not kill your children for fear of poverty, for We provide for you and for them, and that you do not approach the great sins, whether they are clear or secret, and that you do not kill anyone except with right, which Allah has forbidden. These are matters that Allah strongly advises you to understand and act wisely.”
Ibn Mas’ud (may Allah be pleased with him) said: “Whoever wants to look at the will of the Messenger of Allah (peace and blessings of Allah be upon him) should read verses 151-153 of Surah Al-An’am: “Say, ‘O Prophet, may Allah bless him and grant him peace, Come, I will recite to you what your Lord has forbidden to you.’” These divine prohibitions include: “Do not associate anything with Him.” This means that the first prohibition is that Allah Almighty has made it obligatory upon you; He created you for this purpose, that you do not associate anything with Him. “And be kind to parents” entails obeying their commands and prohibitions, thus prohibiting disobedience to them. “And do not kill your children for fear of poverty. We will provide for you and them.” The sustenance of the servants is a responsibility borne by their Lord; therefore, the third prohibition is killing children. Imlaq means poverty. We recall that in the pre-Islamic period, people killed their children, both boys and girls, out of fear of poverty and hardship; in particular, they practiced this cruel behavior towards girls out of fear of disgrace. “And do not come near to indecent acts” refers to sins such as adultery and sodomy. “What is apparent of it and what is hidden” covers those ugly and inappropriate acts, whether public or private, thus marking the fourth prohibition. “Do not kill a soul that Allah has forbidden to be killed except for a right.” This includes killing in retaliation or for adultery while in a state of marriage or for apostasy, and this must be after a conviction in a lawful court.
These are the reasons that the Sharia has made legitimate for killing a Muslim; as many hadiths indicate, including the narration of Ibn Mas’ud (may Allah be pleased with him) from the Messenger of Allah (peace and blessings of Allah be upon him) who said in a noble hadith: “It is not permissible to shed the blood of a Muslim who testifies to the Oneness of Allah and my Prophethood; except for one of three reasons: adultery of a married person, killing a soul in retaliation for a soul, or killing a person who has abandoned his religion and distanced himself from the Muslim community.”
In these verses, five essential purposes are mentioned. The first is the preservation of religion: “ألا تشرکوا,” and in the next verse, the preservation of life is referenced: “ولا تقتلوا النفس,” while the preservation of offspring is clarified in the verse against adultery: “ولا تقربوا الفواحش” since immorality undermines the preservation of offspring. The preservation of intellect is in the phrase “لعلکم تعقلون” and the caution against encroaching on the wealth of orphans is indicated in the verse “ولا تقربوا مال اليتيم.”
Saeed bin Zaid (may Allah be pleased with him) narrated that the Messenger of Allah (peace and blessings of Allah be upon him) said: “Whoever is killed defending his wealth is a martyr; whoever is killed defending his religion is a martyr; and whoever is killed defending his family is a martyr.” The defense of these objectives highlights their critical importance and status.
