Inquiries on the Science of the Objectives of Sharia (Part 52)
2. Secondary and Subsidiary Objectives
Secondary and subsidiary objectives share characteristics with the primary objectives, taking into account the obligations of individuals, such as marriage and transactions. These objectives are designed to allow a person to benefit from permissible things while satisfying natural instincts, enabling freedom to engage in or abstain from these matters.
It is worth noting that these objectives complement the main objectives and typically align with needs and praises. They extend the permissibility within the framework of part or the whole, or even in a specific context, despite a state of complete dislike or impermissibility.
Imam Shatibi states: “Departure is the main and fundamental purpose in Islamic rulings, while permission is secondary. Departure represents the general interest of Islamic law, encompassing all individuals and situations—such as the legitimacy of prayer, fasting, Hajj, and other Islamic rituals. Permission, on the other hand, was introduced to alleviate overwhelming hardships and is considered a partial and temporary benefit.”
As Allah the Almighty says: «رَبَّنَا وَلَا تَحْمِلْ عَلَيْنَا إِصْرًا كَمَا حَمَلْتَهُ عَلَى الَّذِينَ مِنْ قَبْلِنَا» Translation: “Our Lord! Do not lay on us a burden as You laid on those before us.” “إصر” means a heavy and difficult task. This verse teaches the Sahaba, may Allah bless them, to ask Allah the Almighty not to impose on them the same difficult tasks that were placed upon previous nations.
In another verse, Allah Almighty speaks of the attributes of the Prophet (PBUH): «وَيَضَعُ عَنْهُمْ إِصْرَهُمْ وَالْأَغْلَالَ الَّتِي كَانَتْ عَلَيْهِمْ» Translation: “He lifts the heavy burdens and shackles that were upon their shoulders.”
The difficult and burdensome duties imposed on the Children of Israel were not beneficial in themselves but were imposed as a punishment for their undesirable actions. These laws included prohibitions such as war booty, restrictions on interacting with menstruating women, rigorous rules about cleanliness, and extreme acts of penance.
The Prophet of Islam (PBUH) was sent with an easy and forgiving religion, as he said: «بُعِثْتُ بِالحَنِيفِيَّةِ السَّمْحَةِ» Translation: “I was sent with an easy and forgiving religion.”
Allah, the Exalted, affirms the removal of hardship: «وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ» Translation: “He has not laid upon you any difficulty in religion.”
This verse illustrates that Islamic law considers ease and comfort as fundamental principles. For example, while traveling, prayers can be shortened, and fasting may be skipped. In cases of illness or war, prayers can be performed by pointing.
Allah Almighty has not obligated the responsible with burdensome duties. At the same time, He has prescribed methods of repentance, seeking forgiveness, and atonement to turn away from sin.
3. Types of Permission
Permission is divided into several categories, including permission of waiving, permission of promotion, permission of leaving, permission of act, complete permission, permissible permission, recommended permission, incomplete permission, and obligatory permission. We will continue to examine and analyze each of them:
Permission of Waiving
This permission completely cancels the original ruling (departure) and becomes obligatory; for example, the permission not to Fast (Sawm) for a patient who is likely or afraid of dying. In such a situation, the obligated individual is not allowed to ignore this permission and act based on the original ruling. Therefore, in the permission of waiving, the legitimate ruling is the same as that of the permission itself.
Permission of Promotion
This permission exists when the ruling of departure (the original ruling) remains unchanged, yet it also offers ease to the obligated person by establishing the permission ruling alongside it.
Permission of Leaving
This permission allows for the abandonment of an act. In this case, the lawgiver orders the abandonment of the original departure order due to necessity or need. If the departure order would lead to acting, the ruling will instead be permission to abandon that act, and vice versa.
Permission of Act
This type of permission arises when the lawgiver, due to necessity or a specific need, permits an act that was originally prohibited. For example, although it is prohibited for non-mahram individuals to view each other’s private parts, this is allowed in situations of necessity, such as for medical treatment or legal judgment.
Complete Permission
This is a permission in which the original order disappears entirely, replaced by the permission order. In this case, no aspect of the original order remains.
Permissible Permission
Permissible permission applies when the individual is obliged to adhere to the main ruling or use the permission, with neither being preferred over the other. Therefore, performing or neglecting either is neither commendable nor blameworthy.
Recommended Permission
This permission is more desirable than performing the main ruling. However, its abandonment does not incur blame; performing it, however, is viewed as good and desirable.
Incomplete Permission
Incomplete permission allows for a reduction in executing the main ruling (departure) without completely eliminating it. An example is shortening prayers while traveling. In this case, the act of praying remains valid, but its duration is reduced.
Obligatory Permission
Obligatory permission dictates that the individual must act according to the order of permission and abandon the main ruling (departure). This implies that when the obligatory permission order arises, the obligated person should act solely in accordance with it.
In summary, secondary objectives have been established to complement the primary objectives, to mitigate the difficulties arising from adhering to the main objectives, and to facilitate the affairs of the obligated person.
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