Inquiries on the Science of the Objectives of Sharia (Part 57)
4. Hajj (Pilgrimage)
The Hajj to the Kaaba, which is performed once in a person’s lifetime, has very important and fundamental effects and results. Some of the beneficial effects can be summarized in the following points:
– Hajj as a Manifestation of Unity: Hajj is a practical manifestation of Islamic brotherhood and unity. Any distinctions of color, nationality, race, language, homeland, and social class disappear, and the essence of servitude, brotherhood, and sisterhood is revealed. Everyone turns towards a single Qiblah, dressed in the same garments, raising slogans, and worshipping Allah alone. The Messenger of Allah, peace be upon him, emphasized this point in his Farewell Pilgrimage (Hajjat Al-Wedah) with the following words: «يَا أَيُّهَا النَّاسُ، أَلَا إِنَّ رَبَّكُمْ وَاحِدٌ، وَإِنَّ أَبَاكُمْ وَاحِدٌ، أَلَا لَا فَضْلَ لِعَرَبِي عَلَى عَجَمِي، وَلَا لِعَجَمِي عَلَى عَرَبِي، وَلَا أَحْمَرَ عَلَى أَسْوَدَ، وَلَا أَسْوَدَ عَلَى أَحْمَرَ، إِلَّا بِالتَّقْوَى.» Translation: “O people! Verily, your Lord is One, and your Father is One. Know that there is no superiority of an Arab over a non-Arab, a non-Arab over an Arab, a red over a black, and a black over a red, except through piety.”
– Hajj as an Educational Experience: Hajj serves as a school and educational center, teaching Muslims patience, tolerance, and forbearance. It is also an excellent opportunity for enjoying worship and servitude while recognizing the greatness of Allah and remembering the Day of Judgment and its hardships.
– Hajj as an Opportunity for Forgiveness: Hajj presents a valuable opportunity to gain reward and virtue; good deeds are multiplied during Hajj, and evil deeds and sins are washed away. Pilgrims stand before their Lord with great humility, asking for forgiveness for their mistakes and faults. Ultimately, they emerge from their sins clean and pure, as if they had just been born.
– Hajj as a Learning Experience: Hajj provides an opportunity to learn about the worship, morality, and jihad of the past prophets while also training individuals to be separated from their families, children, and homeland.
– Hajj as a Reflection on Community Conditions: Hajj allows pilgrims to examine the general conditions of Muslims from various perspectives, such as knowledge and ignorance, wealth and poverty, health and illness, ability and weakness, steadfastness and deviation, among other matters.
– Hajj and the Reminder of Mortality: Another significant effect of Hajj is that the pilgrim wears a special, shroud-like garment, serving as a reminder of death and its subsequent events. In doing good and righteous deeds, the pilgrim prepares for the hereafter, as Allah the Almighty says:
«وَتَزَوَّدُوا فَإِنَّ خَيْرَ الزَّادِ التَّقْوَى.»
Translation: “Take provision for yourselves, and know that the best provision is piety.”
In short, the effects and results of worship, particularly Hajj, are profoundly effective and beneficial in the life of a Muslim and for the broader Islamic society.
5. Objectives of Transactions
Transactions have been established to achieve a noble goal: the interests of the people. Thus, much attention has been paid to these goals rather than just focusing on the issues. Imam Shatibi (MABH) states: “By inference from the religious texts, we understand that the wise lawgiver has taken into account the interests of the servants in transactions; wherever there is an interest for them, that matter has been made permissible.”
Consequently, a transaction may be forbidden at one time and permissible at another to alleviate people’s hardships because it serves an interest. For example, selling one dirham for another dirham or more on credit is forbidden; however, borrowing is permissible. Selling fresh dates for dried dates when there is a price difference is not permissible and is regarded as usury. While unknown sales are generally forbidden, sales such as Mosaqat (gardening) and Mozarahe (agriculture), and Salm are exempt from this general principle and thus permissible.
Salam and Salf refer to selling a described commodity payable at a future date for a cash price upfront. Jurists call this the “sale of the needy,” as it involves selling something that does not currently exist. Both parties in the contract have pressing needs: the owner of the capital needs to buy the commodity, while the owner of the commodity needs its price in advance to fund their ongoing expenses and efforts in cultivation.
Bukhari and Muslim narrated that when the Prophet (PBUH) arrived in Medina, people were buying and selling fruits in advance for one or two years. The Prophet (PBUH) said: «مَنْ أَسْلَفَ فِي شَيْءٍ، فَلْيُسْلِفْ فِي كَیَلٍ مَعْلُومٍ، إِلَى أَجَلٍ مَعْلُومٍ.» Translation: “Whoever buys or sells in advance should specify the measure, weight, and delivery period.”
Ibn al-Monzar (MABH) stated: “All the scholars we know of are unanimous in their opinion that Salm is permissible.” Scholars also agree that Mosaqat (gardening) is permissible because it is necessary, although Imam Abu Hanifa did not consider it permissible due to the unknown nature of the sale, as the item sold does not currently exist.
It is evident that these transactions and others like them were initially unlawful but were made permissible due to the pressing needs of the people.
Additionally, in transaction-related matters, Sharia has mandated that judges should not render decisions when they are angry or resentful. Furthermore, a murderer does not inherit. The principle in Sharia is to ward off harm from oneself and others. Transactions based on deceit and trickery are prohibited, and all types of intoxicants are forbidden. The rulings are numerous, but they collectively express the validity of the interests of the servants, and Sharia rulings revolve around these interests.
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