Inquiries on the Science of the Objectives of Sharia (Part 44)
C: Negative Means for Preserving Lineage
4. The Impermissibility of Requesting Divorce Without Necessity
A woman who asks her husband for divorce without a valid excuse or reason is not only committing a forbidden act; her actions will also prevent her from entering Paradise. As Sowban (MAPH) narrated, the Messenger of Allah (PBUH) said: «أَيمَا امْرَأَةِ سَأَلَتْ زَوْجَهَا طَلَاقًا مِنْ غَيْرِ بَأْسٍ فَحَرَامٌ عَلَيْهَا رَائِحَةُ الجَنَّةِ» Translation: “If a woman asks her husband for divorce without any valid reason, the smell of Paradise will be forbidden to her.”
5. Prohibition of Ogling
Allah Almighty has commanded us to avoid obscenities and immorality and to refrain from looking at forbidden things. Allah,(SWT) , says in the Qur’an: «قُل لِّلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِهِمْ وَيَحْفَظُوا فُرُوجَهُمْ ذَلِكَ أَزْكَى لَهُمْ إِنَّ اللَّهَ خَبِيرٌ بِمَا يَصْنَعُونَ * وَقُل لِّلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا.» Translation: “(O Prophet!) Tell the believing men to lower their gaze (from looking at non-mahram) and guard their private parts; that is purer and better for them. Indeed, Allah is Aware of what they do; and tell the believing women to lower their gaze (from looking at non-mahram) and guard their private parts and not display their adornment except what is apparent.”
This verse emphasizes the obligation to guard one’s gaze from forbidden things. Uncontrolled gazing is a precursor to many other sins. Scholars have emphasized that the first glance, which is unintentional, is permissible; but deliberate and repeated glances are forbidden.
Similarly, looking lustfully at young boys (men) is also forbidden according to the consensus of Islamic scholars. The author of the commentary “Al-Asas” states, “Those who consider looking at men as a way to get closer to Allah, as some of the claimants to Sufism and mysticism do, are expressing a greater disbelief than that of worshipping idols. Such individuals are considered among the worst heretics and apostates, and their killing is obligatory according to the consensus of the Ummah.”
6. Prohibition of Corrupt Marriages
To protect offspring, Islamic law has declared all wrong and corrupt marriages from the period of ignorance, such as the marriage of Istebzah, raht (group marriage), and Baghy, as forbidden. These laws have been enacted to purify and perpetuate lineage and to protect the rights of individuals in society.
7. Prohibition of Permanent Contraception
Any act that leads to the permanent prevention of pregnancy or cessation of desire is prohibited in Islamic law. For this reason, when Uthman ibn Maz’un and some of his companions (MAPH) intended to castrate themselves for the sake of greater worship, the Prophet (PBUH) did not allow them. Sa’ad ibn Abi Waqqas (MAPH) reported that the Prophet (PBUH) forbade Uthman ibn Maz’un from not marrying for the sake of worship, noting that if he had allowed it, others would have also castrated themselves.
8. Prohibition of Abortion
After the sperm has been placed in the womb and 120 days have passed, abortion is considered a crime, equated to murder, and invokes punishment in this world and the hereafter. Imam Ghazali states: “Abortion is a crime against a being that has degrees. The closer the fetus is to the stages of development, the ugliness and severity of this crime increase.”
However, if the fetus is under 120 days of age and there is a valid reason for abortion, this act is permissible; but if there is no religious excuse, abortion is disliked even at this stage. The author of the book Sobol Al-Salam comments on the permissibility or impermissibility of aborting a fetus before the soul is breathed in, stating that this ruling stems from the differing opinions among scholars on the permissibility or prohibition of preventing ejaculation (Azl). Those who consider Azl permissible also regard aborting the fetus as permissible; however, those who consider Azl forbidden see aborting the fetus in the first way as forbidden, assessing its prohibition as more severe. Any action taken by a woman to terminate a pregnancy is included in this ruling.
Therefore, it is the duty of parents and society to work towards solving these problems and making optimal use of available resources, instead of preventing the birth of a child under the pretext of fear of poverty or economic difficulties. Children should not be victims of the pursuit of well-being, illusion, unhealthy competition, luxury, and extravagance. Preventing the birth of a child or abortion for financial reasons is a form of mistrust and suspicion of Allah Almighty, who has introduced Himself as the Provider and the Merciful.
D: Preservation of Modesty and Honor
There is a difference of opinion among scholars on the issue of preserving modesty. Most scholars, including Qarafi, Shatibi, Zarkashi, and Ibn Ashur, do not consider preserving modesty to be among the Objectives; however, others, such as Tufi, Sabki, Jalaluddin Mahli, Zakariyya Al-Ansari, Ibn Al-Najjar, and Shawkani, the author of Maraqi Al-Saud, have regarded preserving modesty as the sixth essential objective of Sharia.
This group has argued using the Hajjat Al-wedah Hadith to prove their point, in which the Messenger of Allah (PBUH) said: «فَإِنَّ دِمَاءَكُمْ، وَأَمْوَالَكُمْ، وَأَعْرَاضَكُمْ، بَيْنَكُمْ حَرَامٌ، كَحُرْمَةِ يَوْمِكُمْ هَذَا، فِي شَهْرِكُمْ هَذَا، فِي بَلَدِكُمْ هَذَا» Translation: “Your blood, your wealth, and your private parts are sacred to you, like the sacredness of this day, in this month, and in this city (Makkah). It is obligatory upon you to observe their sacredness.”
The argument of this group is that the Prophet (PBUH) mentioned the sanctity of honor and dignity alongside blood and property and gave them the same ruling. However, some fundamentalists consider this argument weak, as mere connection does not warrant necessity. Nevertheless, even if preserving honor is not deemed a necessity, it is regarded as an obligation of Sharia due to its association with preserving lineage. Attacking honor, such as through slander, insult, cursing, and defamation, is forbidden according to the consensus of scholars.
E: Protecting Wealth
Another essential objective of Sharia is protecting wealth, which is of great importance. To strengthen and establish this objective, Allah has implemented means and laws, prohibiting and forbidding actions that harm wealth.
