Part of Concepts of Ahl as-Sunnah — Collected Episodes (series completed)
· Lesson 47 of 77
Summary of Sunni concepts | 28- Concepts about achieving interest and legitimate objectives | Concepts (397-407)
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Transcript
Machine translation — may contain errors
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A summary of the concepts of the Ahl al-Sunnah.
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Wherever the law of Allah is found, there lies the true interest.
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Whatever Allah, the Almighty and Majestic, has legislated in His Book and upon the tongue of His Messenger, peace be upon him,
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whether it be obligatory or recommended acts,
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or permissible, prohibited, or disliked acts,
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He, the Glorified, legislated them only for the benefit of humanity and their welfare in this world and the Hereafter.
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Thus, wherever the law of Allah is found, there lies the true interest.
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Interests in the balance of the Sharia.
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Interests in the balance of the Sharia are of three types:
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Recognized, nullified, and unrestricted (masalih mursala).
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Recognized interests:
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These are interests that the Sharia has attested to by accepting and validating them through specific evidence.
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It has legislated a ruling to realize them.
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These are interests that cannot be rejected,
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and there is no disagreement regarding the legitimacy of adopting and implementing them.
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Examples of this include:
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The interest of preserving life,
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for which the ruling of retaliation (qisas) was legislated.
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The interest of preserving wealth,
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for which the cutting of the thief's hand was legislated.
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The interest of preserving the intellect,
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for which the prohibition of intoxicants was legislated.
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And so on, to the end of such examples.
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Nullified interests:
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These are interests that the Sharia has attested to by invalidating and rejecting them.
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Examples of this include:
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The interest of earning wealth through usury (riba), gambling, or games of chance.
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The Sharia has invalidated these by prohibiting both usury and gambling.
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Likewise, the perceived interest in banning polygamy
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due to the expected harm arising from problems and jealousy between a woman and her co-wife.
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The Sharia has disregarded this interest and did not consider it,
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in order to realize a higher interest,
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which is the increase of offspring, the facilitation of chastity,
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and the protection of the soul.
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Unrestricted interests (masalih mursala):
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These are interests for which no specific evidence has come in the Sharia to either validate or nullify them.
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They are "unrestricted" from the constraint of being explicitly recognized or nullified.
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However, they contain a meaning suitable for a ruling to be legislated for them.
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Furthermore, they fall under the general principles of the Sharia
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regarding the consideration of interests and the warding off of harms.
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Examples of this include:
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The compilation of the Qur'an, the establishment of administrative registers, and the codification of sciences,
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such as the Arabic linguistic sciences, the principles of fiqh, and the science of hadith terminology.
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And other such interests that no rational person would doubt are in harmony with the Sharia.
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Among the conditions for adopting an unrestricted interest:
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That it does not contradict a Sharia proof from a text, consensus (ijma'), or analogy (qiyas).
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And that adopting it does not result in the loss of a higher interest.
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The difference between unrestricted interest and innovation (bid'ah):
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Unrestricted interests only apply to matters where the meaning is rationally understood.
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They have no place in purely devotional acts (ta'abbudat),
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for which no specific rational meaning is sought.
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Such as the details of ablution, the number of units in prayer, and the specification of fasting to a particular time,
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or the standing at the sites of Hajj, and so on.
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This is one of the most important distinctions between unrestricted interests
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and the innovation that occurs in acts of worship based on pure devotion,
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or in matters of creed, as these are fixed and established foundations.
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The ruling on agreeing upon an unrestricted interest:
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If the scholars or specialists reach a consensus on an unrestricted interest,
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it is not permissible to act contrary to it.
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If consensus is not reached, the one in charge acts upon the opinion of the majority of scholars.
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The overlapping of interests and harms:
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Interests and harms are rarely pure and isolated.
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Rather, the norm is their intermingling or competition.
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In such cases, the Muslim acts according to the general rules regarding this,
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such as: warding off harm takes precedence over bringing about benefit,
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prioritizing the higher of two interests over the lower,
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and committing the lesser of two evils.
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The competition of interests:
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Prioritizing one interest over another when they compete
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is done according to the following criteria:
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First: Prioritizing an interest that is certain over one that is merely speculative.
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Second: If the two interests are equal in their certainty,
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the public interest is prioritized over the private.
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Third: If the two interests are equal in their realization and general benefit,
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the greater interest is prioritized over the lesser.
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The objectives of legislation are derived from the texts of the Sharia, not rulers over them.
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The general objectives of legislation are only known through examining the texts of the Sharia and its interpretive rulings.
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By deriving the objectives from them, the texts are the foundation, and the objectives are the branches derived from them.
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Therefore, it is impossible for any text or interpretive Sharia ruling to contradict a general objective of the legislation.
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Such claims are only made by people of deviation and desire; when they were unable to confront the texts, they resorted to reinterpreting them
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according to their misguided understanding of the general objectives of Islam.
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They call this adopting the "purposive" (maqasidi) understanding of Islam instead of the "textual" understanding.
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Examples of this include their claim that usury was only prohibited because of injustice,
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so any form of it that does not lead to injustice is permissible—we seek refuge in Allah from deviation and misguidance.