Author: Shukran Ahmadi
Inquiries on the Science of the Objectives of Sharia (Part 59)
3. Partial Objectives
Partial objectives refer to the aims that the legislator pursues across all Sharia rulings—whether they are obligatory, forbidden, disliked, or recommended, etc. These objectives align with those referenced by Alal al-Fasi, who states: “…and the secrets that the legislator has in mind when legislating each of his rulings.”
In this context, objectives correspond with the examples provided by Ibn Ashur; for instance, the objective of a mortgage contract is to obtain certainty, the objective of a marriage contract is to establish and strengthen the family system, and the objective of legislating divorce is to prevent ongoing loss.
Jurists engage more with this category of objectives because they specialize in the details of Sharia and express these objectives during their Ijtihad and deductions. However, they may use other terms such as wisdom, cause, and meaning. Although these terms are not synonymous, they do possess precise distinctions.
The commentators of Hadith have also addressed this issue, with books specifically written on the principles and rules of objectives explaining some of these wisdoms and reasons, such as the works of Izz bin Abdul Salam and Shah Waliullah Dehlavi in Hujjat Ullah al-Balaigha.
Key Points
– Facilitation and Relief of Hardship: One of the general objectives on which the rules of Islamic law are based is the facilitation and relief of hardship; indeed, hardship may lead to a change in Sharia rulings.
– Specific Objectives: Specific objectives encompass various parts of worship, transactions, and punishments. For example, the specific objectives of prayer, fasting, Hajj, etc., are considered among the specific objectives.
– Partial Objectives: Partial objectives pertain to the purposes for which each Sharia ruling has been legislated. For instance, the objectives behind rulings on usury have prompted extensive discussions among scholars.
Summary of the Discussion
In this chapter, the types of Sharia objectives were examined. The Sharia objectives have been categorized and divided by jurists in various ways. One of the notable divisions of Sharia objectives is its classification into necessary objectives, needs, and praiseworthy acts.
This classification reflects the value and significance of the objectives and expresses the hierarchy among the objectives of Islamic Sharia. In cases of a conflict between necessary objectives and objectives of need, the former takes precedence due to their greater importance. Necessary objectives are further categorized into five critical aims: preserving religion, preserving life, preserving lineage, preserving intellect, and preserving wealth.
Additionally, in terms of scope, Sharia objectives can be divided into general objectives, personal objectives related to specific chapters, and partial objectives.
Continues…
References:
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