Author: Shukran Ahmadi
Inquiries on the Science of the Objectives of Sharia (Part 50)
Topic 6: Supplementary Objectives
Islamic Sharia has legislated supplementary objectives to develop and protect the three main objectives. These supplementary objectives are considered following the previous two types.
1. Definition and Types of Supplements
Supplements are those objectives that Islamic Sharia has not limited itself to in the aforementioned rulings in each section to create, develop, and protect the aforementioned objectives (necessities, needs, and praises). Instead, it has also legislated other rulings in each section as a complement to the aforementioned rulings, so that the intended objectives can be achieved in the most suitable way.
These objectives are also called complements and functions. It can be stated that the wisdom and basic purpose of the essential, needs, and praise objectives are achieved most effectively through these complements. Examples include congregational prayer, the call to prayer (azan), and Iqama, which complement the obligatory prayers; the prohibition of a small amount of alcohol, which complements the preservation of reason; and the requirement of equality in marriage, which supports the institution of marriage and helps it endure.
Types of Complements
Complements are divided into three categories:
A: Necessary Complements
Necessary complements are those matters whose absence does not harm the essential purposes, but whose presence enhances the necessities. Examples include the legitimacy of the call to prayer and Iqamah, the requirement to perform prayers in congregation, and the ordering of mosques for congregational prayer. These measures aim to better facilitate this religious duty, legitimized for the purpose of establishing the religion. Other examples include the prohibition of innovation in the area of belief and the punishment of the innovator, as preventing innovation is crucial for preserving religion.
In this regard, the Messenger of Allah (peace be upon him) said: « وإياكم ومُحْدَثاتِ الأمور، فإن كُلَّ مُحدثة بدعة، وكل بدعة ضلالة» Translation: “Beware of newly invented matters, for every newly invented matter is an innovation, and every innovation is misguidance.” Assuming the authenticity of this narration, newly invented matters refer to those in the religious sphere, not worldly inventions.
Ayesha (may Allah bless her) said: «مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَيْسَ فِیهِ فَهُوَ رَدٌّ.» Translation: “Whoever innovates in our religion something that is not part of it and introduces it to people as a religion, then it is false and rejected.”
Additionally, the appointment of two witnesses in civil transactions such as sales and mortgages, the prohibition of a small amount of alcohol that is not intoxicating, the prohibition of looking at a strange woman, and the requirement of observing complete equality in the implementation of retribution are complementary issues legislated to complete the punishment of the murderer or rapist. Retribution, being a necessary Sharia ruling, aims to ensure the survival of human life and soul, an essential purpose. However, a lack of equality in retribution can lead to resentment, enmity, and hostility.
B: Needs Complements
These are objectives without which the needs cannot be fulfilled. Examples include the legitimacy of equality between spouses, the recognition of the proposal stage in marriage, and other complementary matters related to this section, which are legislated for the purpose of completing marriage and forming a better family. Marriage itself is a commandment established to create and continue the human race and protect it from extinction and destruction.
C: Praise Complements
These objectives complete commendable matters, such as traditions of purity, eating habits, and selecting the best animal for sacrifice (Aqiqah) and similar practices. Thus, it can be observed that Islamic law, in addition to legislating commands to promote and protect each of the three essential purposes and interests, has also legislated supplementary commands for a better implementation of the main commands related to each topic.
It is important to remember that each of the necessary, needs, and praise objectives of Sharia is considered primary in relation to its successor and supplementary in relation to its predecessor. If all the needs of religious rulings are legitimized to develop and strengthen needy values, they are, in fact, complementary rulings to the necessary rulings that are legitimized to strengthen and preserve necessary purposes. Similarly, the praise rulings are complementary to the needy rulings.
2. The Order of Religious Objectives and the Relation of Rulings to Them
Necessities are the foundation of all religious objectives, and anyone who interferes with necessities impedes all religious objectives; because necessities, as obligations, and needs, as Sunnah, and praises, as significant matters, are of lower value than Nafil (voluntary) acts. Therefore, the religious rulings legislated to protect necessities are the most important and serious, and priority is given to them. After necessities, the rulings concerning needs, which complement the necessaries, come next, followed by the rulings of praise, which are complementary to needs. The principle always takes precedence over complements.
Necessities are observed in every religion, and no religion has disagreed regarding them. The ruling of praise is not observed if it leads to nullifying the ruling of necessities or needs; hence, uncovering private parts is permissible for surgery, diagnosis, and treatment. In such cases, though covering private parts is commendable, it is not considered a priority for self-preservation. Similarly, consuming carrion becomes obligatory in times of necessity to preserve life.
The ruling on needs is also not observed if it leads to violating the ruling on necessities; therefore, if one is unable to determine the direction of the Qiblah, the prayer is not omitted because acts of worship like consuming carrion become obligatory in times of necessity to preserve life.
In the realm of needs, the more important takes precedence over the less important; for example, preserving religion is more important than preserving the self, so jihad becomes obligatory even if it leads to self-destruction. Preservation of life is prioritized over preserving intellect; consequently, drinking alcohol may be permissible in times of necessity and compulsion. Furthermore, self-preservation takes precedence over preserving wealth, so squandering others’ wealth during times of compulsion or under threat of death is permissible.
Key Points
– The objectives of needs are positioned following the objectives of necessities and are, in fact, complementary to them. Needs also rank below necessities in terms of value and prestige.
– The objectives of praise form the third group of Sharia objectives, which follow the objectives of needs and complement them.
– The complementary objectives of needs and praise are each considered supplementary to the objectives of necessities.
– Each of these objectives possesses positive and negative means to safeguard itself.
– The entirety of this group of objectives outlines the legislation of the rulings and also determines the importance and position of the rulings within the Islamic Sharia system.
Continues…
References
1. The Holy Quran.
2. Al-Bukhari, Muhammad bin Ismail Abu Abdullah (1987). Sahih Al-Bukhari. Researcher: Dr. Mustafa Dib Al-Bagha. Beirut: Dar In Kathir.
3. Ibn Ashur Al-Tunisi, Muhammad Al-Tahir bin Muhammad Al-Tahir (2004). The Objectives of Islamic Sharia. Researcher: Muhammad Al-Habib Ibn Al-Khoja. Qatar Ministry of Endowments and Islamic Affairs.
4. Al-Raisuni, Ahmad. (1992). The Theory of Objectives According to Imam Al-Shatabi. Al-Dar al-Amani for the Islamic book.
5. Al-Razi, Ahmad bin Faris bin Zakaria al-Qazwin, Abu al-Hussein (1979). Mujajm Qaayys al-Lagha. Mohaghegh, Abdussalam, Mohammad Haroun. Beirut: Dar al-Fikr.
6. Al-Shatabi, Ibrahim bin Musa bin Muhammad al-Lakhmi al-Gharnati. Al-Muwafeqat fi Asul al-Sharia. Scholar: Abu Obaidah Mashoor bin Hasan al-Salman. Dar Ibn Affan.
7. Al-Qashiri, Abu al-Hussein Muslim bin Al-Hajjaj (Al-Nisaburi) (133 AH). Sahih Muslim. Lebanon: Dar Al-Jil.
8. Al-Youbi, Muhammad Saad bin Ahmad bin Masoud. The Objectives of Islamic Law and its Interests in the Evidences of the Law. Riyadh: Dar Al-Hajr for Publishing and Distribution.
9. Zarakshi, Badr al-Din, Muhammad bin Bahadur. Al-Bahr al-Muhait fi Asul al-Fiqh. Dar al-Katb al-Elamiya, Beirut, Lebanon.
10. Ghazali, Abu Hamed, Muhammad bin Muhammad. Al-Mustsafi fi ilm al-usul. Beirut: Al-Risala Institute.
11. Ibn Qayyim Juziyya, Muhammad Ibn Abi Bakr. Shafa’ Al-Alil in the Matters of Judiciary, Judgment, Wisdom, and Interpretation. Dar al-Marafa, Beirut, Lebanon.
12. Amadi, Abu al-Hasan Seyyed al-Din, Ali bin Abi, Ali bin Muhammad. Ghaya al-Maram. Publisher: Majlis al-Ali Lalshaun al-Islamiya.
13. Fakhr al-Dubn al-Razi, Abu Abdullah, Muhammad bin Omar Al-Razi. Mufatih al-Ghayb=Al-Tafsir al-Kabir. Al-Rasalah Foundation.
14. Ibn Hazm, Abu Muhammad Ali Ibn Hazm Andalsi Zahiri. Al-Ahkam fi Asul Al-Ahkam. Beirut: Dar Al-Jail.
15. Ibn Qayyim Juziyya, Muhammad Ibn Abi Bakr. Miftah Dar Al-Saada and Manshur Wilayat Alam Walarada. Cairo: Dar Al Hadith.
16. Mohammad Mostafa Zaheili (2006). Al-Awjiz fi Usul Fiqh al-Islami. Damascus, Syria: Dar al-Khair for Printing, Publishing, and Distribution.
17. Abu Dawud, Suleiman bin Al-Ashaath Al-Sajestani. Sunan Abi Dawud. Beirut: Al-Maktaba al-Asriya, Saida.
18. Al-Najdi, Sami. The Importance of Objectives of Sharia. Dar Al-Katb Al-Elamiya, Beirut, Lebanon.
19. Muhammad bin Ahmad, Abu Abdullah al-Qurtubi (1962). Tafsir al-Qurtubi. Research: Ahmed al-Barduni and Ibrahim Atifish. Cairo: Dar al-Ketub al-Massariya.
