Inquiries On the Science of the Objectives of Sharia (Part 31)

Author: Shukran Ahmadi

Inquiries On the Science of the Objectives of Sharia (Part 31)

1- Necessary Objectives

Necessary objectives are: “Those objectives on which Islamic Sharia is based and from which other objectives originate,” which will be considered in detail in the following lines.

A: Definition of Necessary Objectives

Scholars have defined necessary objectives in various ways. Among them, Imam Razi says: “Necessary objectives are interests that include the objectives of preserving religion, preserving the soul, preserving lineage, and preserving wealth.” This definition is considered incomplete because interests or otherworldly objectives are not included in it. Therefore, another group of scholars say more precisely:

“Necessary objectives or interests in Sharia rulings are the objectives, interests, and values ​​on whose fulfillment the continuation of human religious and worldly life depends in some way; Because in the absence and non-realization of those values ​​and purposes, human life is also disrupted and faces complete destruction.”

A number of scholars say: The realization of interests that are necessary is called necessities. That is, the interests of this world and the hereafter cannot be achieved without it. These types of values ​​and purposes, for which many of the rulings of Islamic law have been made legitimate to investigate and secure, are called “the five generalities of human life.

Sheikh Tufi, Ahmad Qarafi, Ibn Sabki, and Shawkani have quoted from some scholars the addition of a sixth category, which is “preserving honor,” and have also defended it. It is appropriate that a sixth category be added to those categories; because the habit of wise people is that they spend their lives and wealth to defend honor and dignity, and whatever is necessary is sacrificed to defend it, that thing is of primary necessity. To protect necessities, Sharia has determined limits. For example, retribution for self-preservation, the punishment for adultery for the preservation of offspring, the punishment for theft for the preservation of property, the punishment for defamation for the preservation of appearance, etc. can be mentioned.

Imam Ghazali (may Allah have mercy on him) says: “It is impossible for religion and the Sharia to exist without considering these interests, and the fact that these objectives are part of the Sharia has been proven by innumerable evidence.”

These definitions are different on the surface, but in reality, they are united and state that the five necessities must be protected. Otherwise, man loses his worldly and otherworldly elements and there is no difference between human life and that of an animal.

B: Types of Necessary objectives

One of the important and valuable topics that has always attracted the attention of scholars and researchers of the idea of ​​objectives is the issue of reviewing the number of the famous five purposes. Most scholars believe that the interests or necessary objectives obtained through the induction of the Sharia are of five types:

1. Preservation of religion.

2. . Preservation of the soul.

3. . Preservation of reason.

4. . Preservation of offspring.

5. . Preservation of property.

And this is the view of Amadi and Shatebi who have limited these principles to five cases.

Amadi states: “The existence of necessary objectives outside these five cases is habitually excluded.”

Ibn Amir al-Hajj Halabi has said: “The limitation of necessary purposes to these five cases has been proven by looking at the reality and customs of nations and laws through induction.

Imam Shatebi writes in this regard: “The necessary interests or purposes that have been obtained through the induction of the Sharia are five: preservation of religion, preservation of the soul, preservation of offspring, preservation of property, and preservation of reason.”

These five necessary interests are considered the cornerstone of other interests, and the interests of necessity or perfection are complementary and serve them, and whenever observing these complements leads to sacrificing the principle of expediency, they should be ignored. A clear example of this issue is observing purity in prayer. The believer must be clean and perform ablution during prayer, but if someone cannot reach water or soil and cannot purify himself, he should not abandon the principle of prayer on this pretext. However, the most important rule among these interests is current, and the less important should be sacrificed compared to the more important.

Imam Ghazali and Fakhr al-Razi have categorized the number of these essential principles of the Sharia into five objectives; but they do not consider them confined and limited to these five; the Objectives of the Sharia is to preserve five things, which are the preservation of religion, soul, intellect, offspring, and wealth; therefore, what causes the survival of these five things is expediency, and what causes their decline is corruption, and its removal is expediency.

It is worth noting that every era and time has its own challenges and needs that should not be forgotten, and if we look deeply at the Objectives of the Sharia, we will find that the survival of the Islamic Sharia is dependent on the Objectives of the Sharia; Because the valuable legal system for the leadership of humanity is the same system that actually pays serious attention to all types of these natural and essential human interests, and has specific instructions for creating growth and strengthening the survival and durability of each. Otherwise, it will undoubtedly not have a long life and will ultimately be opposed to the natural desires and requirements of humanity and lose its effectiveness.

During the fourteen hundred years of the long life of Islamic law, humanity has witnessed the collapse of hundreds of imperfect human systems in all corners of the world, which have lost their role in human society due to their inattention to some of these necessities, needs and human interests.

On the contrary, one of the characteristics and main purposes of Islamic law is comprehensive and serious attention to these human interests and purposes, which is considered one of the secrets of its success and survival. Fourteen hundred years ago, by accurately identifying the needs, interests, and general corruptions of humanity, it legislated such a complete and comprehensive system for humanity that the intellect of every realistic thinker and scientist is astonished and amazed. Now, in this topic, we will discuss the same five necessities according to Shatebi and Amadi in terms of creating, strengthening, and preserving and maintaining them, whether from an existential or a non-existential perspective; because the Sharia observes these interests in two ways: from an existential perspective and from a non-existential perspective.

From an existential perspective, through the rulings that preserve them, such as: acts of worship, to preserve religion; and from a non-existential perspective, through eliminating the destructive grounds for these interests, such as: the ruling on the prohibition of adultery and determining the punishment for its perpetrator.

Continues…