Summary of Sunni concepts
Wherever God's law is, there is interest
What God Almighty has legislated in His Book and on the tongue of His Messenger, may God bless him and grant him peace
Of duties and desires
And what is permissible, what is forbidden, and what is disliked
His law, Glory be to Him, is for the benefit and good of man in this world and the hereafter
Wherever God’s law is, there is interest
Interests in the balance of Sharia
There are three interests in the balance of Sharia
Considered, canceled and sent
Considered interests
These are the interests that the Sharia has attested to accepting and considering with specific evidence
He enacted a law to achieve it
These are interests that cannot be reciprocated
There is no dispute over the legality of adopting and implementing it
And from that
The interest of preserving souls
For which the ruling of retaliation was prescribed
And the Funds Conservation Department
For which it is prescribed to cut off the hand of the thief
And the interest of preserving minds
For which the prohibition of alcohol was established
And so on and so forth
Interests canceled
These are the interests that the Sharia has attested to be nullified and rejected
It is so
The interest of earning money through usury or gambling
The Sharia invalidated it by prohibiting both usury and gambling
As well as the imagined interest of preventing polygamy
Because of the harm expected to occur from problems and jealousy between the woman and her co-wife
The Sharia neglected this interest and did not consider it
For a higher interest
It increases progeny and enables chastity
And fortifying oneself
Sent interests
These are interests for which there is no specific evidence in Sharia for considering or canceling them
It was sent under consideration or cancellation
But there is a suitable meaning in it for a ruling to be prescribed for it
It also falls under the general principle of Sharia
Taking into account interests and preventing harm
Among its examples
Collecting the Qur’an, writing collections, and codifying sciences
Such as Arabic sciences, the principles of jurisprudence, and the term Hadith
In addition to other interests that no reasonable person doubts are compatible with Sharia law
One of the controls for adopting the transmitted interest
This is not contradicted by legal evidence from text, consensus, or analogy
Taking it should not be a loss of a higher interest
The difference between the transmitted interest and heresy
The transmitted interests are only in what is reasonable in meaning
It has no entry into pure devotion
Which is not required to have a particularly reasonable meaning
Such as details of the mode of prayer, the number of rak’ahs of prayer, and specifying a specific time for fasting
And standing in the feelings of Hajj and so on
This is one of the most important differences between the sent interests
The innovation that occurs in acts of worship that are based on pure devotion
Or in beliefs, since they are firm constants
Ruling on agreeing on a mursal interest
If scholars or specialists agree on a mursal interest
It is not permissible to act against it
If consensus is not achieved, the official acts according to the opinion of the majority of scholars
Overlapping interests and harms
Pros and cons are often not clear
Rather, it is mostly mixing or crowding between them
Then the Muslim follows the general rules in this regard
Preventing harm takes precedence over bringing benefit
Providing the highest of the two interests over the lowest
And committing the lesser of two evils
Competing interests
Giving priority to one of the two interests over the other when competing
It shall be in accordance with the following controls
Firstly, prioritizing the definite and verified interest over the suspected interest
Secondly, the two interests are equal in the certainty of their achievement
Putting the public interest ahead of the private
Thirdly, the two interests are equal in achieving the occurrence and in the generality of the benefit
The greater interest is prioritized over the smaller interest
The objectives of legislation are derived from the texts of Sharia and are not governed by them
The overall objectives of the legislation were known through examining the texts of the Sharia and its interpretive provisions
And deducing purposes from them, the texts are the origin and the purposes are the branch deduced from them
Accordingly, it is in no way possible for an interpretive legal text or ruling to conflict with a general purpose of the legislation
This is the claim of the people of deviation and whims. When they were unable to confront the texts, they resorted to interpreting them
According to their mistaken understanding of the general purposes of Islam
They call this adopting the intentional understanding of Islam instead of the textual understanding
An example of this is their saying that usury was forbidden because of injustice
Any form of it that does not lead to injustice is legitimate. We seek refuge in God from deviation and misguidance