Inquiries on the Science of the Objectives of Sharia (Part 49)
Topic Five: Objectives of Tahsiniyat (Praises)
The third type of religious objectives is the objective of praises, which is lower in rank than needs and has been legislated for well-being and comfort. This means that one can live without it.
1. The Meaning and Importance of Tahsiniyat (Praises)
Praises refer to objectives that are legislated to achieve good habits and moral values. While the absence of these does not disrupt the overall system of life like essential needs do, they guide human life away from a purely direct approach, fostering noble human habits. Thus, these objectives hold the third rank, following needs.
Praises do not reflect a special necessity or a general need; rather, they promote moral virtues and repel their opposites. Praises constitute a part of moral virtues and involve observing acceptable behaviors in worship and transactions. Specifically, these objectives pertain to moral virtues and the requirements for kindness and sound human nature, which Islamic law has emphasized and legitimized through rulings to create, cultivate, and protect these values.
2. Areas of Application of Tahsiniyat (Praises)
Scholars of Islamic jurisprudence, while discussing the objectives of legislating rulings in Islamic law, as well as those studying the principles of Islamic law, have examined the characteristics and distinctions of Islamic legal systems. Scholars of criminal jurisprudence have also explored the philosophy behind legislating criminal rulings and determining Islamic punishments. In various contexts, they have discussed the principle of attracting interests and warding off corruption as a primary focus regarding the purposes of legislation. They have classified the legitimate interests or purposes of the Sharia into the three types mentioned earlier.
Sharia has established numerous rulings across different areas to observe the praises of people. Regarding worship, the legitimacy of purifying the body and clothes from both physical (sensual) and spiritual impurities is considered one of the conditions for the validity of prayer, as Allah Almighty says: «وَرَبَّكَ فَكَبِّرْ (٣) وَثِيَابَكَ فَطَهِّرْ (٤) وَالرُّجْزَ فَاهْجُرْ.» Translation: “And glorify your Lord and purify your clothes and keep away from impurity.” In another verse, it says: «إِنَّ اللَّهَ يُحِبُّ التَّوَّابِينَ وَيُحِبُّ الْمُتَطَهِّرِينَ.» Translation: “Indeed, Allah, the Exalted, loves those who repent and purify themselves.”
Covering one’s private parts and utilizing everything that beautifies and grooms a person for worship and attendance at the mosque—including wearing suitable clothes and using perfume—are also emphasized in Islam. Allah, the Exalted, says: «يا بَنِي آدَمَ خُذُوا زِينَتَكُمْ عِندَ كُلِّ مَسْجِدٍ.» Translation: “O children of Adam! Take your adornment at every mosque.”
Thus, Allah Almighty commands His servants to adorn themselves and cover their private parts when present in mosques for prayer and circumambulation. This command also addresses the act of the polytheists who used to circumambulate the Kaaba while nude, as noted in the narratives surrounding Ibn Abbas (MAPH).
Regarding lifestyle habits, the legitimacy of eating and drinking habits, avoiding extravagance, and steering clear of impure and polluted foods and drinks are all rulings made to preserve admirable and innate human values.
In transactions, numerous stipulations also aim to safeguard admirable values, such as the prohibition of buying and selling impure items, selling above others’ sales, unnecessary interference in others’ dealings, and dishonest practices like cheating and embezzlement. Even the prohibition against selling permissible items such as water and plants serves this purpose.
In relation to punishments and matters concerning war and peace between the Islamic state and non-Islamic entities, the prohibition of slander against human dignity, treachery, betrayal, and the killing of women, children, and monks in jihad represent Sharia rulings legislated to safeguard and uphold moral values in these areas.
According to Anas bin Malik (MABH), the Prophet Muhammad (peace and blessings be upon him) said: «انطلقوا باسم الله، وبالله، وعلى ملة رسول الله، ولا تقتلوا شيخاً فانياً، ولا طفلاً، ولا صغيراً، ولا امرأة، ولا تَغْلُوا، وضُمُّوا غنائمكم، وأصلِحُوا، وَأَحْسِنُوا، إِنَّ اللَّهَ يُحِبُّ الْمُحْسِنِينَ.» Translation: “Go and fight in the name of Allah and on the religion of His Messenger. Do not kill the old, infirm men, children, or women. Do not steal from the spoils; rather, collect them and do good, for indeed Allah loves the doers of good.”
Abdullah bin Yazid Al-Ansari (MABH) noted: «نَهَى النَّبِيُ صَلّىاللهُعَلَيْهِوَسَلَّمَ عَنِ النَّهْبَى وَالمُثْلَةِ.» Translation: “The Holy Prophet (PBUH) forbade the plundering of people’s property and mutilation.”
From the above discussions, it is evident that necessities are the foremost objectives of Sharia. Their absence disrupts order and security in human life, leading to disorder. Needs are secondary, as their absence causes hardship and difficulty for individuals and society. Praises hold the third position; while their absence does not disrupt order and security, it results in the loss of what reason considers good and distances human perfection.
Consequently, if implementing a praising rule disrupts the needs or harms the necessities, such rules will not be implemented. Indeed, necessities take precedence in all cases over both needs and praises.
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