Inquiries on the Science of the Objectives of Sharia (Part 51)
Types of Objectives by Rank and Inclusion
Objectives are divided into two types by rank: main objectives and secondary objectives. Furthermore, objectives are categorized into three types by inclusion: general, private, and partial objectives. In this section, each type of objective will be examined based on these aspects.
Topic 7: Types of Objectives by Rank in the Intention of the Holy Lawgiver
In legislating the rulings, the wise lawgiver has considered two types of objectives:
1. The main and primary objectives, which are regarded as the goal of the lawgiver’s rulings.
2. Secondary and consequential objectives that serve the main objectives.
For example, the main objective of marriage is to preserve offspring; secondary objectives include enjoying divine blessings, fostering family harmony, establishing kinship, preventing engagement in forbidden acts, and similar matters. These objectives are sometimes explicitly stated and at other times implicitly expressed in the lawgiver’s rulings, and they all reinforce and complement the main objectives.
Although the main objectives form the foundation of the rulings, they do not alone address all needs; therefore, whatever serves the main objectives is recognized by the lawgiver and must be observed. This principle is summarized in the following jurisprudential rule: «ما لا يتم الواجب إلا به فهو واجب» Translation: “Whatever is necessary for the completion of an obligation is itself obligatory.”
This division was employed by Imam Shatibi, may Allah bless him, in his book “Al-Muwafeqat.” At times, he also uses the terms “first-degree objective” and “second-degree objective.” This classification emphasizes the existence of primary objectives in the lawgiver’s rulings as superior and fundamental, while second-degree objectives are deemed subordinate and supportive.
For instance, in marriage, the primary objective is the survival of the human race, while secondary objectives include peace and tranquility, cooperation in worldly and hereafter interests, the lawful enjoyment of things, managing lust and instincts, and preventing forbidden acts. These are all desires of the lawgiver in legislating marriage, some of which are explicitly mentioned, while others are inferred through reasoning from other texts.
1. Primary Objectives
Primary objectives are those in which the obligated person has no personal interest, such as matters of worship. This indicates that the obligated person must perform these acts regardless of circumstances, and he has no authority to abandon, alter, or substitute them. However, these objectives also directly or indirectly achieve worldly and afterlife benefits. One characteristic of these objectives is the realization of public interests in an absolute manner; they are not limited to a specific time, condition, or state.
The absence of the obligated person’s personal stake in the primary objectives can be examined from three angles:
1. The wise lawgiver aims to establish and protect essential objectives, regardless of whether they provide worldly benefits to the obligated individuals.
2. These objectives were established to protect the five necessities. If they were left to the discretion of the obligated individuals, it would ultimately lead to the destruction of these necessities and the deterioration of human life.
3. The obligated person is required to implement these objectives, whether or not they align with his personal wishes or desires.
Imam Shatibi, may Allah bless him, classified these objectives into two categories:
1. Objective Necessities: These are matters that every obligated person must fulfill, including:
– Preserving one’s religion through faith and action.
– Safeguarding one’s life by fulfilling basic needs.
– Protecting one’s intellect, progeny, and property.
– Ensuring the continuity of one’s lineage to promote the development of future generations and prevent intermingling of lineages.
2. Competence Necessities: These are tasks that need to be carried out by a group among the obligated persons. They are also categorized as necessities because they complement objective necessities. Fulfilling these necessities is essential to ensure the general interests of society are met.
The affairs of the community rely on all members since no individual can meet all their needs alone, let alone the needs of their family, nation, tribe, or humanity as a whole. Cooperation and partnership among humans are vital. Allah Almighty has also made humans successors to one another: «وَهُوَ الَّذِي جَعَلَكُمْ خَلَائِفَ الْأَرْضِ» Translation: “He made you successors for the development and prosperity of the earth.”
In conclusion, public affairs can only thrive when specific individuals act. Private affairs can also be appropriately organized when public affairs are well-regulated, which requires fulfilling competence necessities.
Importantly, these types of objectives (including main objective necessities and competence necessities) are regarded as acts of worship and should be divorced from personal interests and worldly gains. The best evidence for this principle is that responsible individuals do not have the right to claim remuneration for these actions.
Examples include:
– A governor for his emirate and guardianship.
– A judge for his rulings and judgments.
– A ruler for the execution of rulings.
– A mufti for his fatwas.
– A benefactor for his charitable deeds.
– A lender for the debt provided.
None of these individuals should receive compensation for their actions because the interests at stake are public and essential for everyone. Bribery, gifts, or presents in these cases are forbidden, as personal interests (such as acquiring wealth through bribery) lead to public corruption, contradicting Islamic law.
It is narrated that the Prophet (peace and blessings of Allah be upon him) refrained from entertaining one party in a dispute without the presence of the other party. He also did not accept gifts from anyone unless that person had historically given gifts prior to the judgment because a gift from one party in a dispute can be considered a bribe.
An example of a hadith from the Prophet (peace be upon him) is as follows: Buraida (may Allah bless him) narrated that the Messenger of Allah (peace be upon him) said: «مَن اسْتَعْمَلْنَاهُ عَلَى عَمَلٍ فَرَزَقْنَاهُ رِزْقًا، فَمَا أَخَذَ بَعْدَ ذَلِكَ فَهُوَ غُلُولٌ» Translation: “We have appointed everyone to a task and provided for him a provision; whatever he takes afterward is considered treachery and bribery.”
Abu Hamid Sa’edi (may Allah bless him) reported that the Messenger of Allah (peace be upon him) appointed a man from the tribe of Azad, named Ibn Lutbiyyah, to collect alms. When he returned, he said: “This is your wealth, and this is a gift that has been given to me.” The Prophet (peace be upon him) then ascended the pulpit, praised Allah, and said: «أَمَّا بَعْدُ، فَإِنِّي أَسْتَعْمِلُ الرَّجُلَ مِنْكُمْ عَلَى العَمَلِ مِمَّا وَلَانِي اللهُ، فَيَأْتِي فَيَقُولُ: هَذَا مَالُكُمْ وَهَذَا هَدِيَةٌ أُهْدِيتْ لي، أَفَلا جَلَسَ فِي بَيْتِ أَبِيهِ وَأُمِّهِ حَتَّى تَأْتِيهُ هَدِيتُهُ، وَاللهِ لا يَأْخُذُ أَحَدٌ مِنْكُمْ شَيْئًا بِغَيْرِ حَقَّهِ إِلَّا لَقِيَ اللَّهَ يَحْمِلُهُ يَوْمَ القِيامَةِ، فَلَأَعْرِفَنَّ أَحَدًا مِنْكُمْ لَقِيَ اللَّهَ يَحْمِلُ بَعِيرًا لَهُ رُغَاءٌ، أَوْ بَقَرَةً لَهَا خُوَارٌ، أَوْ شَاةٌ تَبْعَرُ، ثُمَّ رَفَعَ يَدَهُ حَتَّى رُئِيَ بَيَاضُ إِبْطِهِ، يَقُولُ: «اللَّهُمَّ هَلْ بَلَّغْتُ» Translation: “But then; I will appoint one of you to a task that Allah has entrusted to me; he will come after completing his mission and say: This is your wealth and I have been given this. If he is telling the truth, why did he not sit in the house of his father or mother so that this gift could reach him? By Allah, none of you will take anything without its right; unless he meets Allah carrying it on his shoulder, so I do not see one of you meeting Allah carrying a camel, a cow, and a sheep on his shoulder, each of which sings and makes a sound. Then he raised his hands so that the whiteness of their arms could be seen, and he said: O Allah, did I convey, did I preach? And he repeated this three times.”
Therefore, the Prophet (peace be upon him) said: «لَعَنَ رَسُولُ اللَّهِ صَلَّىاللهُعَلَيْهِوَسَلَّمَ الرَّاشِي وَالْمُرْتَشِي فِي الْحُكْمِ.» Translation: “The Messenger of Allah (peace be upon him) cursed the briber and the bribe-taker in judgment.”
Al-Khattab writes in his commentary on this hadith that the curse of Allah and the punishment applies to both the briber and the bribe-taker because both share the same intention and will. The briber offers a bribe to achieve falsehood or to commit injustice; however, if someone provides a bribe intending to attain his rightful claim or ward off injustice from himself, this threat does not apply to him, and there is no problem for him.
It is narrated that Ibn Mas’ud (may Allah bless him) was imprisoned in Abyssinia and gave two dinars to escape. It is also narrated from Hasan al-Basri, al-Sha’bi, Jabir ibn Zayd, and ‘Ata that if someone pays something to secure their freedom or their property through negotiation, especially if there is a fear of injustice, there is no problem.
Bribery is forbidden for the bribe-taker when he accepts it to perform a duty for which he receives a salary, but he is not willing to do it unless he receives the bribe. Or, he could take it for an invalid act he must abandon, but he is unwilling to abandon it without receiving the bribe.
If the bribe is given to issue a ruling favoring someone who is not in the right, this type of bribe is forbidden for both the giver and the receiver. If the bribe is given to obtain a legitimate right from the debtor, this bribe is forbidden for the judge and the ruler, although it is not forbidden for the bribe-giver, as he acts to claim his right. This situation is similar to a fee or an attorney for mediation. Some scholars have stated that this type is also forbidden because it can lead the judge or ruler to commit a prohibited act.
By adhering to these principles, social justice can be preserved, and the human social system can be reformed. Otherwise, oppression will become widespread, undermining the foundational principles of Islam.
