Inquiries on the Science of Objectives of Sharia (Part 54)
B: Important Examples of General Objectives
The general objectives of Islamic legislation encompass the areas of beliefs, worship, transactions, customs, and crimes. Here, we present some of these general objectives with a brief explanation:
1. Attracting benefits and preventing corruption
It can be deduced by examining and exploring the texts of Islamic Sharia that the main objective of Islam is to realize the interests of humanity and keep corruption away from them in this world and the Hereafter. It is only by achieving this objective that true happiness in both worlds is attained by individuals. Esteemed jurists have made various statements in explaining this objective. Izz bin Abdul Salam writes: “Islamic Sharia is nothing but preventing harm and attracting benefits.”
Allama Ibn Qayyim al-Jawziyyah also states, “Islamic law is based on wisdom and the realization of the interests of the servants in this world and the Hereafter, and it is full of justice, mercy, wisdom, and interests.”
These interests must be realized and harms avoided. In this regard, Izz ibn Abd al-Salam clarifies: “Whoever looks at the objectives of the law in terms of gaining interests and preventing corruption comes to believe that these interests should not be abandoned and that these corruptions should not be carried out, even if there is no consensus, text, or analogy in this regard; because the understanding of the law requires such a requirement.”
This scholarly view is an undeniable fact and a primary, permanent characteristic of Islam. The legal texts express this characteristic in every part. Here, we present just one verse as an example: Allah Almighty, describing His Prophet, says: «وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِلْعَالَمِينَ» Translation: “And We have not sent you except as a mercy to all the worlds.”
The Prophet Muhammad’s role as a messenger is a mercy to all worlds because it encompasses their interests in this world and the Hereafter and removes all forms of corruption and harm from humanity.
Attracting Benefits:
This means providing and obtaining the interests of humans, which scholars refer to as “needs.” Examples of needs include transactions such as buying, selling, and renting, along with other legitimate interactions between individuals and communities.
Preventing Corruption:
This involves averting and eliminating corruption and harm. This concept is recognized by scholars of jurisprudence as the “five essentials,” aimed at warding off harm from the six principles.
As narrated by Abu Sa’id Khudri (may Allah bless him), the Messenger of Allah (PBUH) said: «لا ضرر ولا ضرار» Translation: “It is neither permissible to harm oneself nor to harm another.”
In this hadith, the Prophet (PBUH) states that harm has no place in our religion. The word «ضرر» means harm, and «ضرار» denotes mutual harm; for instance, «قتل» means killing, and «قتال» means fighting and mutual killing. A Muslim cannot harm himself or others, and if he is harmed by another, he cannot retaliate and cause harm; rather, he must seek his right through legitimate channels.
For this reason, jurists have established a rule: «الضرر لا يزال بالضرر.» Translation: “Harm is not eliminated by harm.”
«الضرر یزال.» Translation: “Harm must be eliminated.”
This hadith is one of the main pillars of the religion of Islam. All forbidden things (haram) in Sharia are prohibited based on the principle of “removing harm.” Every form of oppression is forbidden due to the harm it causes. Alcoholic beverages are prohibited because of the harms they bring, as are adultery, murder, theft, betrayal, slander, backbiting, and gossip.
Similarly, rulings such as the right of intercession, rejection due to defects, and various options—like the option of fraud, the option of description variance, and the option of a customer’s bankruptcy—are all based on the principle of “eliminating harm.”
Furthermore, retribution, limitations, expiation, the appointment of imams, judges, rejection of a transferee, dissolution of marriage due to defects, and dissolution due to insolvency lean on the principle of “It is neither permissible to harm oneself nor to harm another” and are established to eliminate harm.
Compelling a debtor to repay a debt, allowing an individual in need to utilize food instead of another person’s provision, cutting branches of a tree that extend from another person’s property into one’s own, performing a Cesarean section on a deceased pregnant woman, if there is a possibility of the fetus’s life, and dissecting the abdomen of a deceased individual to recover swallowed property are all permissible actions to eliminate harm.
One significant consequence of the hadith «لا ضرر و لا ضرار» is the rule: “Preventing corruption takes precedence over seeking benefits.” For instance:
1. A thief’s hand is cut off to remove the corruption of theft from society, even though this is contrary to the thief’s interest in retaining his hand.
2. Numerous contracts—like rent, Jahala, Hawala, and Zeman Dark—are legitimized to eliminate harm, despite some apparent flaws.
Zeman Dark refers to a situation where a person intends to buy a product without knowing whether the seller owns it. In this case, a third party guarantees that if the product does not belong to the seller, they will refund the buyer’s payment.
Islam is predicated on the benefit of humans and prohibits any form of harm. Consequently, a will that infringes on the rights of heirs is void and will not be enforced. It is prohibited for a person to create an opening in their house to spy on the neighbor, to erect a building tall enough to block their neighbor’s air and light, to dig near a neighbor’s well to the detriment of its water supply, or to build unsanitary structures that produce odors causing distress to neighbors.
Islam emphasizes the principle of “preventing harm” and strictly prohibits any form of harm and damage. The Prophet Muhammad (PBUH) said in a hadith: «مَلْعُونٌ مَنْ ضَارَّ مُسْلِمًا أَوْ مَكَرَ بِهِ.» Translation: “Cursed is the one who harms a Muslim or deceives him with deceit and trickery.”
Harm has no place in Islam. Any form of harm must be eliminated. A Muslim must always align their intentions, words, and actions with what is beneficial and expedient. Anyone who focuses on harming others will be subject to the curse of the Prophet (PBUH). Furthermore, Allah will return the harmful consequences to the perpetrator.
Islamic law has established rules and regulations that ensure the interests of people and guarantee their happiness in this world and the Hereafter. The criterion for identifying what is beneficial and what is harmful also stems from Islam. Whatever Islam deems beneficial for an individual is valuable, while what is considered harmful will invariably be detrimental and a source of harm. Deviating from this criterion signifies a submission to desires and base inclinations.
It is obvious that human desires often lean toward falsehood and lack the authority to determine what is genuinely beneficial and what is harmful. Almighty Allah addressed David (Dawoud), PBUH, saying: «يَا دَاوُودُ إِنَّا جَعَلْنَاكَ خَلِيفَةً فِي الْأَرْضِ فَاحْكُمْ بَينَ النَّاسِ بِالْحَقِّ وَلَا تَتَّبِعِ الْهَوَى فَيضِلَّكَ عَنْ سَبِيلِ اللَّهِ إِنَّ الَّذِينَ يَضِلُّونَ عَنْ سَبِيلِ اللَّهِ لَهُمْ عَذَابٌ شَدِيدٌ بِمَا نَسُوا يَوْمَ الْحِسَابِ» Translation: “[We said] O Dawoud, We have made you a successor [and representative] on earth, so judge between people with truth and do not follow your desires, for they will lead you astray from the path of Allah. Indeed, those who stray from the path of Allah will receive severe punishment for forgetting the Day of Reckoning.”
Thus, we face two values: truth and desires. Truth represents that which Allah Almighty has revealed, indicating what is beneficial and what is corrupt. Conversely, desires encapsulate only the pursuit of falsehood, resulting in corruption and misguidance. Therefore, true benefit lies in adhering to the truth provided by Allah.
Humans cannot fully distinguish between the beneficial and the corrupt because they lack the understanding necessary to recognize true interests and the means to achieve them due to their limited nature. Even when they perceive some worldly advantages, they are typically unable to comprehend the benefits of the Hereafter with their intellect. Humans can only accurately discern these interests when following the prescribed path laid out by Sharia, allowing divine guidance to provide illumination. They must uphold all Sharia standards and limits to determine right from wrong according to divine commands.
In this context, humanity’s true interest rests in following Divine Sharia. Genuine happiness in this world and the Hereafter can only be attained when individual and social activities align with the Divine system. Under such circumstances, individuals will live with dignity in this world and, in the Hereafter, they will attain the eternal blessings of Paradise and, most importantly, the pleasure of Allah Almighty.
Imam Shatibi (may Allah bless him) asserts: “Interests must be obtained according to the Sharia while avoiding corruption; however, the dignity and validity of interests arise from the fact that this worldly life serves as a means for the Hereafter, not as the criterion for pursuing selfish desires and trivial worldly gains.” Consequently, the interests and goals of the Hereafter inevitably take precedence over worldly objectives, a sentiment shared by all Islamic scholars. Anything impeding the interests of the Hereafter cannot be deemed beneficial in any regard. Hence, anything conflicting with the goals of the Hereafter is considered non-compliant with Sharia and is invalid.
Imam Shatibi’s remarks indicate that in determining the interests and benefits of the servants and forming regulations to achieve these aims, Islam strives to render the worldly experience a means of attaining happiness in the Hereafter. Thus, worldly interests serve not as ends in themselves but as means to achieve eternal happiness.
It is forbidden to prioritize worldly pursuits over the Hereafter; however, utilizing worldly means to achieve such interests is not only permissible but also encouraged. Allah, the Almighty, declares: «وَابْتَغِ فِيمَا آتَاكَ اللهُ الدَّارَ الْآخِرَةَ وَلَا تَنْسَ نَصِيبَكَ مِنَ الدُّنْيَا» Translation: “And seek the abode of the Hereafter in what Allah has given you, and do not forget your share of the world.”
The End
The objectives of Islamic law are categorized into several types, including primary and secondary objectives. Additionally, they are categorized into three types in terms of scope, one of which encompasses general objectives. Attracting benefits and preventing corruption is among the general objectives of Islamic law. In Islam, rulings are legislated based on seeking benefits and preventing harm. Furthermore, the removal of hardship and facilitation of ease represent another general objective of Sharia. Unlike previous religions, Islam’s rulings focus on providing ease for individuals, wherein hardship may necessitate a change in the ruling.
