Charia

The science of the aims of the Islamic Sharia

Introduction

Demonstrating the importance of this science

The attention given to this science has been greatly increased. This increased attention appears mainly in the numerous works and books that are compiled on the subject, in interesting in teaching it, and in enlightening people about its importance.

The science of the Islamic Sharia is very necessary for deducing the Islamic rules and injunctions, delivering a legal opinion (fatwa), and judging, giving advice and for guiding.

I. The definition of this science.

The Arabic word "Maqâsid Esh-Sharia" (the aims of Sharia) is a compound one. It consists of “maqâsid” (the aims) and "sharia".

·        The aims (Maqâsid):

A) Linguistically: the word "Maqâsid" in the Arabic langrage has many interpretations, among them:

1. Moderation: it signifies non negligence and non extravagance. Allah the Almighty said: «… And be moderate in your work…». [Surat luqmân, 19].

The prophet -may peace be upon him- said: «Be moderate, be moderate, you achieve you aims». [Reported by EL Boukhari]

 Djâbir said: "I was praying with the prophet -may peace be upon him- and both his prayer and speech were moderate" (i.e. they were neither long nor short». [Reported by Muslim]

2. The uprightness of the way (i.e. an easy and righteous way).

The Almighty Allah said: « Allah shows the right way and some deviate from it. And if he has pleased He would certainly have guided you all». [Surat An-Nahl/ the Bee, 09].

·        The Sharia:

a. Linguistically: it has many meanings, among them:

- Water spring.

- The straight path.

- The way.

Water is the origin of human life and the other living creatures, and Sharia is the fountainhead of piety and righteous life.

b. Its technical term: Sharia is all the injunctions that Allah legislated for his servants through his prophets -may peace be upon them. The Almighty Allah said: « Then we entrusted you to convey our message, then we have put you on a plain way of our commandment, so follow it and do not follow the vain desires of those who do not know». [Surat AL- Jâthia/ the kneeling, 18].

B) Its technical term: we find many definitions in the books of the recent Ulemas, among them we mention that of:

1. Sheikh Muhammad Et-Tâhir bn Ashûr: « It is the meanings and the secrets that are known only by the legislator (Allah) in all the states of legislation or most of them…».

2. Sheikh Allâl El Fâssi: « What is meant by the aims of the Sharia is its objectives and the secrets that the legislator set for each of its injunctions». Objectives are based on comparing -according to religion- between what is apparent in the texts and their aims (i.e. between the structures and the meanings). For example, what is important in contracts is their objectives and meanings and not their words and structures.

II. The origin of this of science.

The science of the aims of Sharia underwent remarkable phases before its scribing, and its rules and basis are set in the Koran, the Sunna and the Sahaba’ sayings.    

A. In the Noble Koran: Allah-High Exalted is He-said:

«And I have not created jinn and mankind except that they worship me». [Addâriat/the winds that Scatter, 56].

«…Allah desires ease for you and not hardship…». [Surat Al-Baqara /the Heifer, 185]

« Allah desires to make things easier for you…». [Surat An-Nissâ / the Women, 28]

«…And has not imposed difficulty upon you in religion» [Surat Al-Hajj/the Pilgrimage, 78]

«… Surely prayer wards off abomination and evil…». [Surat Al Ankaboût/the Spider, 45]

«…Fasting is ordained for you as it was ordained for those before you, that you may be pious». [Surat Al-Baqara, 183]

«Take from their wealth charity (alms) to purify them and to cleanse them thereby…». [Surat At- Tawba/the Repentance, 103]

« And proclaim the pilgrimage among people, and they shall com to you on foot, and on every means from everywhere, that they may gain benefit for themselves there, and celebrate Allah’s name during the appointed days…». [Surat Al-Hajj, 27, 28]

B. In the Sunna: the prophet -may peace be upon him- said:

«Indeed, you are sent to facilitate things and to harden them». [Reported by El Boukhari]

«Surely, asking permission is ordered for the sake of controlling the sight (gaze) ». [Reported by El Boukhari]

«O you man, those of you who are able to marry should marry, for marriage controls the gaze and preserves one from immorality…». [Reported by El Boukhari]

The prophet -may peace be upon him- forbade in marriage the gathering between the woman and her sister, her maternal or paternal aunt. He Said:    «Indeed, if you do so, you have severed your ties of Kinship». [Reported by Et-Tabarani]

C. The unanimity of the Sahaba and Ulemas: for example, the agreement on the fact that youthfulness requires guardianship on both the self and the property.

III. The affirmation of the aims of Sharia.

A. Their affirmation by transmission.

The aims of the Islamic Sharia are affirmed by the deep exploration of the texts of the Noble Koran and the Sunna.

·        The meaning of exploration:

a. Linguistically: It means observance.

b. Its technical term: It signifies browsing through the stances in order to establish a general rule". And it is, in fact, a method to know the aims of the Islamic Sharia.

- El Beydawi wrote in his book "Al-Minhâj" (the Method): «In fact, exploration proved that Allah -High Exalted is He-legislated all His injunctions for the interest of His servants…»

- Al-Iz bnu Abd Essalam said in his book Qawaîd El Ahkâm (the Basis of the Rules): «If we examine thoroughly the aims mentioned in the Koran and the Sunna, we find that Allah ordained all what is good…and forbade all what is evil…good is used to indicate the bringing of interests and the fending off of harms, and evil is used to indicate the bringing of harms and warding off interests».

The aims of the Sharia are affirmed by narration through different means, among them:

1- The Almighty Allah informed us in the Noble Koran that He is "the All-Wise". He said: «… Surely Allah is the All-Wise». [Surat AL Insân / Mankind, 30]. His being the "All-Wise" implies that all His injunctions are legislated to realize aims. Indeed, the "All-Wise" is He who puts things in their appropriate places.

- Ibnu EL Qayim said in his book: "Shifa’û El Âlil" (the Cure of the Ill): «Speech can not be a wisdom until it leads to laudable aims and beneficial requests. In such a case, it guides to a useful knowledge and good work, and therefore the requested aim will be achieved…».    

2- The Almighty Allah informed us that He is the All-Merciful. He said: «… Our Lord, we believe. So forgive us and have mercy on us, you are the Most Merciful». [Surat Al Muminoon/ the Believers, 109 ].

«… And My mercy encompasses all things». [Surat Al-Arâf / the Heights, 165]

When Allah ordains things or forbids other, He aims at descending His mercy on His servants, since He orders them to do what is of benefit for them and forbids what is harmful for them.  

3- Allah the Almighty informed us about the importance and the greatness of the Noble Koran, and about the aim of its revelation and its protection of people’s interests. He said:

« O people, there has come to you an admonition from your Lord, and a healing for what is in the chests, and a guidance and a mercy for the believers». [Surat Yunûs / Jonah, 57].

« And we reveal from the Koran that which is a healing and a mercy to the believers…». [Surat Al-Isrâ’/the Nocturnal Trip, 82].

« Indeed! This Koran guides to the way that is most right…». [Surat Al-Isrâ, 09].

4- Allah-High Exalted is He informed us that He enjoined a given matter to achieve a specific aim. He said: « And so We have appointed you as a just and distinguished nation to be witnesses over all people, and the messenger is a witness over you…». [Surat Al-Baqara, 143].

5- In the Noble Koran, there are general texts that include the realization of all the interests. Allah the Great said: « Most surely, Allah enjoins justice, the doing of good deeds and generosity to near of kin, and He forbids indecency, abomination and tyranny. He admonishes you that you may remember». [Surat An-Nahl /the Bee, 90].

Ibn Massûd said: «This is the most comprehensive verse in the Noble Koran about enjoining good and shunning what is bad».

B. Their affirmation by reason. 

1- It is not possible to suspend the aim of the injunctions because this is a sign of weakness while Allah is the possessor of the absolute ability.

2- Honouring mankind: Allah the Almighty said: «And We have honoured the children of Adam…». [Surat Al-Isrâ’, 70]

In fact, honouring mankind requires the protection of his interests.

3- The sane minds affirm that every thing is created for a reason.

4- If a man sets a system, he can not accept the fact of telling him that his system has no objective or leads to no end. So, how we accept to say so about Allah’ system and injunctions? Indeed, Islam is a way of life.

IV. The types of Sharia’s aims.

A) In respect to the interests that it establishes and preserves.

a. The requisites.

b. The needed.

c. The improving.

a) The requisites.

1- Their definition: they are the primordial and basic interests upon which people's life is based. Their absence leads to a disbalance in the order of life and corruption and disturbance in human life.

Eshâtibi said in his book El Muwafaqât (the Consistencies): «They are necessary to establish the worldly interests and those of the Hereafter. If they are lost, the worldly interests never be upright and they will be based on corruption, turmoil and alienation, and in the Hereafter there will be no safety or blessing (benefaction) but inevitable loss». [Volume I, page 07].

These interests include religion, the self, posterity, mind and property.

Eshâtibi added: "The whole Muslim nation and all the religious sects agreed that the Islamic Sharia is set to preserve the five requisites which are religion, the self, posterity, mind and property…"

2- Their types.

·        The aim of preserving religion.

It is the greatest and the most significant aim of the Islamic Sharia, for religiosity responds to human being's innateness. In fact, the true and the only accepted religion is Islam. The Almighty Allah said:

«Indeed! The only religion with Allah is Islam…». [Surat Al-Imrân/the Family of Imran, 19].

«And whoever seeks a religion other than Islam never shall it be accepted of him, and in the Hereafter he shall be one of the losers». [Surat Al-Imrân/, 85].

Therefore, the religion (Islam) must be protected because its loss leads to the loss of the other great aims and the destruction of life.

According to Ashâtibi, the protection of religion is to be realized by two things:

"The first is what sets up its pillars and consolidate its basis. That is, what preserve its existence. "The second is what wards off the existing disturbances or the expected ones. That is, what protects it from non existence (disappearance)". [El Muwâfaqât, Volume 02, page 07].

a) Protecting the existence of religion: this would be through:

1- Working according to it: one must perform the individual duties like prayer, fasting… and the collective duties like funeral prayer, seeking knowledge…

2- Judging according to it: people must refer to religion in any arbitration in all the domains of life.

Contrarily to what the secularist call to, religion must not be dissociated from life.

3- Calling to it: this will be through spreading the religion and demonstrating its injunctions. The Almighty Allah said: «Call mankind to the way of your Lord with wisdom and sound advice, and reason with them in a well mannered way…». [Surat An-Nahl, 125]

«Say: "this is my way, I invite to Allah with sure knowledge, and I call whoever follows me. And glory be to Allah! Never will I associate partners with Allah». [Surat Yûsuf/ Josef, 108]

4- Supporting and protecting it against those who violate its instructions, set obstacles or raise suspicions about it.

b) Protecting it against non existence and ignorance.

This protection would be through warding off all what contradicts religion: the false belief, the destructive doctrines and the deviated thoughts. This can be done by:

- The Ulemas: through demonstrating the false beliefs and refuting them.

- The rulers and the judges: through executing the instructions of Sharia on the apostates and those who follow their own desire, setting legal punishment and recompensing damages.

Imam El Mawurdy said: «What is obligatory for him (the ruler) is ten things, among them: protecting religion with its fixed principles…». [El Ahkâm Es-Sultania (The Royal Instructions), page 15]

- The common people: through ordaining what is good and forbidding what is bad. The Almighty Allah said: «You are the best nation to have been raised up for human kind. You enjoin what is right, and forbid what is wrong, and you believe in Allah…». [Suart Al Imrân, 110]

·        The aim of protecting the self.

a) Protecting the existence of the self.

To preserve the self we have to:

- Provide the necessary elements of life like water, shelter, clothes, medicine and security.

- Allow what is forbidden in case of necessity. The Almighty Allah: «… But whoever is compelled by hunger and not inclining purposely to sin, then Allah is All-Forgiving, All-Merciful». [Surat Al-Ma'ida/the Table Spread, 03].

«… But whoever is constrained by necessity not out of insolence, nor with the intention of repeating it, then no sin is on him… ». [Surat Al-Baqara, 173]

b) Protecting the self from non existence and disappearance. This would be by:

- Interdicting any aggression or assault on it and shunning all the means that may lead to this. The Almighty Allah said: «And whoever kills a believer intentionally, his punishment is Hell, he shall abide in it forever, and Allah will be wrathful with him and will curse him, and will prepare for him a grievous chastisement». [Surat An-Nissâ'/the Women, 93].

«…And do not kill the soul which Allah has forbidden, except by right. This is what He has enjoined on you that you may understand». [Surat Al-Anâm/the Cattle, 151].

«…And do not kill the soul which Allah has forbidden except by right. And whoever is killed unjustly, We have given power to his avenger of blood, but let him not exceed the just limits in killing, for surely he shall be victorious». [Surat Al-Isrâ', 33].

«Say: "come, I will recite what your Lord has prohibited to you, that you do not associate partners with him, and that you show kindness to your parents and do not kill your children for fear of poverty, we will bestow on you and them, and do not approach any abomination, open or hidden, and do not kill the soul which Allah has forbidden, except by right. This is what He has enjoined on you that you may understand». [Surat Al-Isrâ', 151]

«And those who do not invoke with Allah any other god, nor kill any soul Allah has forbidden, except by right, nor commit adultery; and whoever does this shall meet the price of sin. The chastisement shall be doubled for him on the Day of Resurrection, and he shall abide therein in ignominy». [Surat Al-Furqân/the Criterion, 68,69]

«… And do not cast yourselves to ruin by your own hands…». [Surat Al-Baqara, 195]

«… And do not kill yourselves; surely Allah is All-Merciful». [Surat An-Nissâ', 29]

The prophet -may peace be upon him- said:

«The blood of a Muslim who testifies that "there is no god but Allah, and I am the Messenger of Allah" may not be shed but for one of the three reasons: a married man who commits fornication, a life for a life (retribution) and the one who abandons his religion and separates himself from the community». [Reported by El-Boukhari]

«The most atrocious sin is joining a partner with Allah, killing the self, being recalcitrant to the parents, perjuring oneself, or he said, and perjured testimony». [Reported by El-Boukhari]

«Your blood, your property, and your honour are forbidden for you to violate, like the sacredness of this day of yours, in this country of yours, in this month of yours. And you will meet your Lord and He asks you about your deed. So, do not become unbelievers after my death, each one of you kills the other. The present shall inform the absent among you…». [Reported by El-Boukhari]

«The disappearance of this world is lesser grievous in the sight of Allah than killing a believer unjustly».

«He who carries arms against us is not amongst us (i.e. he is not a Muslim) ». [Reported by El-Boukhari]

«Reviling a Muslim is an iniquitous deed, and fighting against him is disbelief». [Reported by El-Boukhari]

- Executing the penalties and the rules of retaliation set by Allah. The execution of these penalties and retributions is what guarantees the preservation of man against any outrage. This is what the Almighty Allah affirmed in the following verses:

«O you who believe! Ordained for you is the law of retribution in case of murder, the free for the free, the slave for the slave, the female for the female but if an avenger of blood pardons a brother in Islam from execution let him accept fair compensation and let it be given in full appreciation. This is alleviation and a mercy from your Lord, so whoever transgresses after this shall have a painful chastisement. And there is a life for you in retribution, o you who possess minds, that you may be Allah fearing». [Surat Al-Baqara, 178- 179]

«And we have prescribed for them in it (the Torah) a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds retaliation, but whoever forgoes it as a charity it shall be an expiation for him, and whoever does not judge according to what Allah has sent down, those are the evil doers». [Surat Al-Ma'ida, 45]

·        The aim of preserving the mind.

Mind is a great grace and a significant donation from Allah who ordained its preservation.

a) Protecting its intactness and soundness .

This protection would be by:

1- Giving paramount importance to the mind.  Indeed, the Almighty Allah gives much significance to the mind, and among the verses that affirm this we mention:

«… If you possess minds». [Surat Al-Imrân, 118]

«… That you may understand». [Surat Al-Anâm, 151]

«… For people who understand». [Surat An-Nahl, 12]

In so many other verses, Allah the Almighty mentioned some features that are related to the mind like contemplation, certainty. For example, the Almighty Allah' saying: «… Surely in this are signs for people who understand». [Surat An-Nahl, 11].

2- Mind or reason is what a person must possess in order to be charged with obligations. The prophet -may peace be upon him- said: «There are kinds of people whose actions are not recorded: a sleeping person till he grows up, and an insane person till he is restored to or recovers his sense». [Reported by Imam Ahmad, Abu Dawud and Ibn Madja]

3- Calling to learning and teaching as to develop the mind and its abilities.

b) Protecting the mind against mental disorder.

This would be by:

1- Forbidding the heinous acts:

a) The perceptible ones like intoxicants and drugs. The Almighty Allah said: «O you who believe! Most certainly intoxicants and gambling and idol worship and fortune telling are an abomination from Satan's handiwork, so shun it that you may prosper. Satan desires only to cause enmity and hatred between you with intoxicants and gambling, and to hinder you from the remembrance of Allah and from prayer, will you then desist? ». [Surat An-Ma'ida, 90-91].

The prophet -may peace be upon him- said: «Every intoxicating drink is wine, and every intoxicating drink is forbidden». [Reported by Muslim]

«An adulterer in not a believer at the moment of committing fornication, and the one who drinks wine is not a believer at the moment of drinking wine, and a thief is not a believer at the moment of stealing». [Reported by El-Boukhari and Muslim]

«Every thing that intoxicates in a large amount, a small amount of it is forbidden». [Reported by Ahmad]

- Wine corrupts the mind and impedes the aims of its creation. The prophet -may peace be upon him- said: «Shun wine for it is the head of all evils ». [Reported by En-Nassaî from Uthman bnu Afân]

b) Mental ones like the false and the corrupted religious sociological or political conceptions. The latter impede the right and sound thinking.

- The corrupted beliefs.

- The perverted thoughts and doctrines.

2- Executing the prescribed punishments for drinking wine and the other different kinds of punishments such as:

- 80 lashes according to Mâlik, Et-Thawri, Abu Hanifa, and a narration from Ahmed

- 60 lashes according to Esh-Shafiî, and a narration from Ahmad.

·        The aim of protecting posterity.

Neglecting this aim leads to:

- The jumble of lineage.

- Injuring honours.

- The spread of moral depravity.

- The befalling of affliction, distress and ordeal.

b) Protecting its existence.

This would by:

1- Impelling people to what leads to its continuity (i.e. marriage). The Almighty Allah said:

«… Then marry women of your liking, two, three, and four but if you worry that you will not be equitable (between them) then (marry) only one…». [Surat An-Nissâ', 03]

«And from His signs is that He created from yourselves your wives, that you find serenity with them, and He has set between you affection and mercy. Surely in this are signs for people who reflect». [Surat Ar-Rûm/the Romans, 21]

«Glory be to Him who created the components of couples of every kind of what the ground caused to grow, and of themselves (human being) and of what you do not know». [Surat Yâ- Sîn, 36].

«O mankind! Fear Allah the one who fashioned you from a single person, and of the same kind He created his wife, and from the pair of them scattered many men and women…». [Surat An-Nissâ', 01]

Within the same context, the prophet -may peace be upon him- said:

 «Marry women who are beloved and prolific in bearing children for I shall outnumber by you the nations on the Day of Resurrection». [Reported by Ahmad and Abu Daûd]

«O young men! Those of you who can marry should marry, for it (marriage) controls the gaze and preserves one from immorality. And whoever can not marry should fast, for it is a means of reducing the sexual desire». [Reported by El-boukhari and Muslim]

2- Observing morals like shyness and wearing veil (for women).

3- Providing a job and a house to facilitate marriage.

b) Protecting it from jumble and confusion.

This would be by:

1- Forbidding fornication and executing its prescribed punishment. The Almighty Allah said: «And do not draw near to fornication, surely it is an indecency, and an evil which invites evil». [Surat Al-Isrâ', 32]

«The adulteress and the adulterer, scourge each of them with a hundred lashes, and let not pity for them detain you from the obedience of Allah if you believe in Allah and the last Day, and let a party of believers witness their punishment». [Surat An-Noor/the Light, 02]

2- Forbidding adoption. The Almighty Allah said: «… Nor has He made those who become your wards to be your sons. Such is only your uttering and Allah speaks the truth and guides to the right way». [Surat Al-Ahzâb/the Allies, 29].

3- Forbidding false accusation of fornication and executing its prescribed punishment.

4- Forbidding abortion.

5- Forbidding mix and women's decking out in all their finery.

·        The aim of protecting property.

The worldly life can not be upright but with the presence of money which is the essence of life. People are endowed with the love of money. The Almighty Allah said: «And you love wealth ardently». [Surat Al-Fadjr/the dawn, 20]

«… And to give away from you cherished wealth to your kin, orphans, the needy, the traveller, the beggar and to ransom a slave». [Surat Al-Baqara, 177]

For this reason, the Almighty Allah allowed individual ownership. He said: «Those who spent their wealth by night and day in secret and in public will have their reward with their Lord, and they shall have no fear, nor shall they sorrow». [Surat Al-Baqara, 274]

«… Yet if you repent you shall have your capital fairly». [Surat Al-Baqara, 279]

«Who gives his wealth in charity to purify himself». [Surat Al-Lail/the Night, 18]

«O you who believe! Do not devour your wealth among yourselves…». [Surat An-Nissâ', 29]

«And do not give away your property which Allah has made for you as a means of your maintenance to fools, but provide for them and cloth them out of it, and advise them to enjoin right». [Surat An-Nissâ', 05] 

a) Protecting its existence.

This would be by:

1- Encouraging legal possession through:

- Making muscular or mental effort: The Almighty Allah said:

«But when the prayer is ended, dispose in the land and seek Allah's bounty, and remember Allah frequently that you may prosper». [Surat Al-Juma'ah/the Friday, 10]

«Allah is the one who made the earth docile to you. So, walk upon its shoulders! Eat of His sustenance! Unto Him will be the Resurrection». [Surat Al-Mulk/the Dominion, 15]   

«… But Allah has allowed trading and forbidden usury». [Surat Al-Baqara, 275] 

«O you who believe! Do not devour your wealth among yourselves falsely, but trade fairly by your mutual consent. And do not kill yourselves; surely Allah is All-Merciful to you». [Surat An-Nissâ', 29]

The prophet -may peace be upon him- said: «The best earning is the one got by working and every accepted sale (i.e. a sale that is free from cheating or deception) ». [Reported by Ahmad and graded Sahih by El-Albâni].

«No one has ever eaten a food that is better than the food of the one who gets it from his work, and Dawûd, the prophet of Allah, was eating the food he got from his work».  [Reported by El-Boukhari]

- A legal possession without any effort like a donation, a will, an inheritance, an expense, a dowry (concerning the woman) and a blood money (Diyya).

2- Inciting people to spend their money in the cause of Allah in return of a best reward in the Hereafter. The Almighty Allah said: «Those who spent their wealth in the cause of Allah, their likeness is as a grain growing seven ears, in each ear there are one hundred grains, and Allah multiplies His bounty for whom He pleases, and Allah is infinite, all-Knowing». [Surat Al-Baqara, 261]

«Whoever will lend to Allah a fair loan, Allah will multiply it to him manifold, and Allah straitens and enlarges, and to Him is your return». [Surat Al-Baqara, 245]

The prophet -may peace be upon him- said: «Allah the Merciful takes by His right hand the charity that one gives from his good earning even if it is a date, and it grows up in His hand until it becomes greater than a mountain. It grows up exactly as one of you makes a filly or a young weaned camel grows up ». [Reported by Muslim]

«When a person implants an implanting or sows seeds and then a bird or a human being eats from them, the good that is eaten will be considered as alms for him». [Reported by El-Boukhari]

b) Protecting it from ruin.

This would be through:

1- Interdicting some sources of possessions like:

 - Theft: the Almighty Allah said: «The thief, male or female, cut off their hands, as a sanction for what they have earned, and as an exemplary punishment from Allah, and Allah is Almighty, All-Wise». [Surat Al-Mâ'ida, 38]

- Bribery: The prophet -may peace be upon him- said: «Cursed is the briber and the one who takes bribes and the go-between». [Reported by Ahmad]

- Usury: the Almighty Allah said: «Allah will efface usury of all good, and make charity fruitful; Allah does not love any ungrateful sinner». [Surat Al-Baqara, 276]

- El-Gharar: the sale that involves some cheating either in the designation of the contract, its subject, the time limit of delivery like: buying nonexistent or unknown things, fish in water, flying birds …).

- Gambling: the Almighty Allah said: «O you who believe! Most certainly intoxicants and gambling and idol worship and fortune telling are an abomination of Satan's handiwork, so shun it, that you may prosper». [Surat Al-Mâ'ida, 90]

- Swindle: It means displaying the good qualities of merchandise and hiding its bad ones. The prophet -may peace be upon him- said: «… He who swindles is not from us (i.e. he is not a Muslim) ». [Reported by Muslim and others]

The Almighty Allah said: «Give a full measure, and do not cheat, and weigh with a just balance, and do not withhold the things of people unjustly, and do not make mischief on the earth». [Surat Ash-Shu'arâ' /the Poets, 181, 182, 183]

«Woe to those who give insufficient measure, who when others measure for them they take full measures; but when they measure out, or weight out for others, they give less than due». [Surat al-Mtaffifin /the defrauders, 01, 02, 03]

- Robbery (illegal seizure): It is the fact of seizing another's property by coercion.

- Monopoly: The prophet -may peace be upon him- said: «The trader is fortunate and the monopolist is cursed». [Reported by Ibnu Madja]

- Trading in the forbidden and the harming goods like wine, drugs…

2- Forbidding the taking of another's property by false means. The Almighty Allah said: «And do not usurp one another's property by false means, nor offer it to the judges so that you may devour wilfully and unjustly a portion of the property of the people». [Surat Al-Baqara, 188]

«O you who believe! Do not devour your wealth among yourselves falsely, but trade fairly by your mutual consent. And do not kill yourselves; surely Allah is All Merciful to you». [Surat An-Nissâ'/the women, 29]

The prophet -may peace be upon him- said:

«It is forbidden for a Muslim to violate his brother's property and honour and to shed his blood». [Reported by Muslim]

«The property of a person is not lawful to be taken except if the owner gives it gladly». [Reported by Ahmad]

3- Forbidding squandering.

The Almighty Allah said:

«Indeed! The squanderers are the associates of Satan, and Satan is ungrateful to his Lord». [Surat Al-Isrâ', 27].

«Those who when they spend are neither extravagant nor niggardly, but find a middle way between». [Surat Al-Furqân/ the Creterion, 67].

4- Preventing the spendthrift and the minor from using their money until they recover their senses, and the permissibility to take the fools under guardianship. The Almighty Allah said: «And do not give away your property which Allah has made for you as the means of your maintenance to fools, but provide for them and clothe them out of it, and advise them to enjoin right. And test well the orphans until they reach marriageable age, then if you perceive in them sound judgment deliver to them their property, and do not devour it extravagantly in haste before they grow up. And if the guardian is in no need let him refrain, but if he is needy let him take within reason. When you release their property to them, then take witness over them, Allah suffices as a reckoner». [Surat An-Nissâ', 05 and 06]

5- The legislation of the punishment of theft.

Allah the Most High said: «The thief, male or female, cut off their hands, as a sanction for what they have earned, and as an exemplary punishment from Allah and Allah is Almighty, All Wise». [Surat Al-Mâ'ida, 38]

6- The legislation of the punishment of Heraba (the action of robbing in insecure places by using force like the highway robbers do).

The Almighty Allah said: «Most surely the punishment of those who fight against Allah and His messengers, and hasten about the earth to do corruption in it, they should be killed, or crucified, or have their hands and legs struck off alternately, or they should be banished from the land. This is the degradation for them in this world, and in the Hereafter there awaits them a grievous chastisement». [Surat Al-Mâ'ida, 33]

7- The writing down of debts and witnessing over them.

The Almighty Allah said: «O you who believe! When you borrow money from each other for a definite period, then write it down, and let a writer writes it down between you justly, and any writer should not decline to write as Allah has taught him, so he should write and the debtor should dictate, and he should fear Allah his Lord, and not lessen any of what he owes. And if the debtor be foolish or feeble minded or unable to dictate for himself, then let his guardian dictate justly. And bring two witnesses of your men, and if there are not two men, then a man and two women, whom you accept as two witnesses, in case one of them forgets, the other can remind her, the witnesses should not decline when they are summoned. And be not averse to write it down, whether it is great or small, with its term, that is more equitable in the sight of Allah, more proper as testimony and a better safeguard. Unless it is frequent trade between yourselves, there in no blame on you if you do not write it down, but take witnesses. And let not either writer or witness be harassed, if you do so it would be deviation in you. And fear Allah, Allah is teaching you, and Allah is All-Knowing of all things». [Surat Al-Baqara, 282]

b) The needed interests.

1) Their definition:

The needed interests are established in the Islamic Sharia as to remove embarrassment.

Eshâtibi said: « As for the needed (interests), they are established for extension and removing difficulties that most of the time lead to embarrassment and hardship. These are caused by the expiration of the request. So, if they are not considered, there will be embarrassment and hardship. They are used in worship, customs, transactions and offences».

2) The aims of these interests:

- Removing embarrassment from the charged people.

- Protecting the requisite interests.

3) Their evidences:

a) From the Noble Koran:

The Almighty Allah said:

«… Allah desires ease for you and not hardship…». [Surat Al-Baqara, 185]

«… And He has not imposed difficulty upon you in religion». [Surat Al-Hajj, 78]

«Allah does not desire to make any impediment for you…». [Surat Al-Mâ'ida, 06]

«Allah does not impose on any soul a burden greater than it can bear…». [Surat Al-Baqara, 286]

«Allah desires to make things easier for you, for mankind was created weak (to resist his lusts) ». [Surat An-Nissâ', 28]

«… Allah does not lay a burden on any soul beyond what He has given him… ». [Surat At-Talâq/Divorce, 07]

b) From the Sunna:

The prophet -may peace be upon him- said to Muaâd bnu Djabal and Abi Mussa El-Ashâri when  he sent them to Yemen: «Facilitates things to people and do not harden them, give glad tidings to them and do not frighten them ».

It was proved that whenever the prophet -may peace be upon him- was let to choose between two matters, he was always choosing the easiest of them as long as it was not sinful.

The prophet -may peace be upon him- said: «Allah the Most High has overlooked my nation's mistakes, forgetfulness, and what my people are compelled to do». [Reported by Ibnu Madja]

c) From the unanimity of the Sahaba and Ulemas.

All the Muslim Ulemas (the ancient and the contemporary) agreed on the easiness of the Islamic Sharia, and denied the fact of burdening people with what they can not bear. They also ascertained that embarrassment in removed in the Islamic Sharia.

d) From the Ulemas' sayings.

- Ibnu Qaim El-Djawzia said: «Indeed! The Islamic Sharia is built and based on principles and considers people's interests in this world and in the Hereafter, and it is all justice, all mercy, all wisdom… ». [Informing the Signers, Volume 03, page 84]

- Eshâtibi said: «… It is not permissible in Islam to burden the charged people with what they can not bear». [El-Muwafaqât/ the Consistencies, Volume 02, page 157]

e) From reason.

The sane minds reject the idea of burdening people with what they are unable to perform or bear. For this reason, two major rules were established. They are:

- «Hardship entails facilitation».          

- «when a matter hardens it shall be facilitated».

4) Some of example of these interests.

1- In worships:

- The permissibility of shortening the prayer for the traveller. The Almighty Allah said: «And whenever you travel through the earth there is no blame on you if you shorten your prayers, if you fear that the unbelievers may attack you, surely the unbelievers are to you an evident enemy». [Surat An-Nissâ', 101]

- The permissibility of breaking the fast during Ramadan for the traveller and the ill person. The Almighty Allah said: «For a certain number of days, but whoever among you is ill or travelling, then he may fast a similar number of other days…». [Surat Al-Baqara, 184]

- Unlike fasting, the prayers that are not performed during the woman's menstruation period will not be carried out later.

- Performing Tayamum with pure soil or stone when its requirements are fulfilled. This is an alleviation of substitution (i.e. substituting ablution and Ghusl (major ablution) for Tayamum.

- Paying a Fidya (to pay a sum of money equals to one meal or to feed a poor person) in Ramadan in case a person is not able to fast.

- Taking the forbidden drinks and food in case of necessity.

2- In transaction:

- The permissibility of making a lease contract: it is an agreement on a fixed and lawful interest (land or building) for a known period. So, the one who can not buy a house can hire it in order to benefit from it.

- The permissibility of Mussâqât (tending palm-trees): it means to cultivate or take care of fruit trees and then their produce will be divided between the owner and the workers.

- The permissibility of El-Mudharaba or El-Qirad (speculative partnership): this means trading with another's money and then the benefit is shared between them as partners (i.e. between the investor and the one who lends money).

- The legitimacy of divorce if the continuity of the marital life is not possible.

3- In Offences or crimes:

- In case of unintentional murder, the blood money shall be paid by the family of the murderer in order to remove the embarrassment that may face him if he pays it alone.

c) The improving interests.

1) Their definition:

They are the aims that improve and complement the matters of life like good morals, good taste, good customs…

They do not misbalance the order of life if they are missed, and they do not cause distress or embarrassment if they are considered.

Eshâtibi said: «Concerning the improving interests, they mean to take from the good habits what is good and necessary and shun the dirty matters that mind disdains or rejects».

2) Some of their examples.

1- worships: they can be improved through additional or supererogatory worships like prayer, fasting… that bring people closer to their Lord.

2- Habits: they are complemented by good morals or good behaviour in eating, drinking and clothing, denying wickedness, acquiring praiseworthy characters…

3- Transaction: they are improved by denying the transactions that harm people, bribery, fraud, excess, stinginess…

d) The complementary interests.

These interests are needed in order that the requisites, the needed and the improving interests will be performed perfectly.

1- The things which are complementary to the requisite interests:

a- Among the things that complement the preservation of religion, we mention:

1- Forbidding heresies and punishing their doers because they lead to the perversion of religion.

2- Showing the rites of Islam like the congregational prayer.

b) Equality in retaliation: this precept put an end to the harms that rise due to grudges and enmities.

c) Forbidding the little amount of wine.

d) Interdicting being alone with a foreign woman (i.e. a non Mahram).

e) Notarizing the contracts (in a notary public) in order to consolidate the conditions of the contract, to preserve the rights of the contracting parties, and to prevent any denial.

2- The things which are complementary to the needed interests.

a) Considering (in marriage) the equivalence between the husband and his wife: it means that it is preferable for the husband and the wife to be equal at the religious, cultural, intellectual, and moral levels in order to realize the main objectives of marriage like serenity and affection between the spouses.

b) The conditions (khiyâr) of bargaining that guarantee the success of the bargain like:

- Khiyâr Al-Aib: this means that the buyer reserves the right of returning the merchandise in case it is defective.

- Khiyâr At-Tâ'yin: this implies that the buyer is allowed to select his choice or what he wants to buy.

3- The things which are complementary to the improving interests.

Among them we mention the desirable acts of Tahâra (cultic purity) such as starting with the right (i.e. washing the right side of the body then the left one), washing each organ three times. All these acts are additional and complementary acts for the rudiments of Tahâra.

B) In respect to their degrees.

1- The primordial aims: they are the legally required aims; they are the first and the highest objectives of the Islamic injunctions like:

- Ordaining prayer: this aim is meant to submit totally to Allah and obey Him, and to shun offensive and objectionable acts. The Almighty Allah said: «… And establish prayer, surely prayer wards off abomination and evil… ». [Surat Al-Ankaboût, 45]

Eshâtibi said in his book El-Muwâfaqât (the Consistencies): « Concerning the principle aims, they are those which the charged person is not allowed to shun, and they are the considered requisites… ».