We must not invent reasons for the rules unless Allah (swt) has given us specific reasons
Due to defeatist mentality some Muslims invent reasons for many of the Shariah rules which Allah (swt) has not given. For example they say that it was permitted to execute murtad (apostate) at the time when Islam was revealed because it was a new Deen and therefore it needed to protect itself, so a harsh punishment were revealed for people who apostated.
Due to defeatist mentality some Muslims invent reasons for many of the Shariah rules which Allah (swt) has not given. For example they say that it was permitted to execute murtad (apostate) at the time when Islam was revealed because it was a new Deen and therefore it needed to protect itself, so a harsh punishment were revealed for people who apostated.
Other examples include: Islam permitted marrying up to four wives as there was more women in the society than men, Pork is haram because it is a dirty animal, Jihad was revealed only so that the people could protect themselves, etc.
It is completely wrong to state such reasons for the Sharia rules cause Allah (swt) has not revealed to us such reason for those rules. So it is incorrect to say that the reason why Muslim men are allowed to marry up to four wives is that, there is more women than men in the world and that men normally die in war. This is not the illah (legal reason) for the rule, as it has not been mentioned in the divine texts of Quran and Sunnah. It would be an incorrect portrayal of Islam and very dangerous for us to cite this as the reason for the rule. Someone could argue what if there is more men than women existing in certain places in the world, does this mean then it is permitted to marry more than one husband? Or that today women also fight as soldiers in some countries, so is it permitted for women to also marry more than one man? If we rationalize the rules by inventing reasons from the mind, this would lead us to abandoning these rules when that reason did not exist or maybe even changing the shar’iah as some corrupt scholars do today.
Many people have become used to justifying all the Shari’ah rules according to benefit (maslaHah), because they are influenced by the Western ideology and Western culture, which views benefit alone as a criterion for actions. Such an understanding contradicts Islam.
Benefit is not the reason for Implementing Sharia Rules
Some justify adopting benefit as the sole basis in an action when there is no clear evidence from Quran and Sunnah. They argue that shariah in general came to satisfy the interests of the people. But no divine text came to denote that it is an Illah (legal reason) for Ahkam Sharia.
Benefit is not the criteria to justify what is Halal or Haram. it is true that the Shariah in general came for the interest of the people, but we cannot use this argument as an illah to justify every ruling. Quran, Sunnah, ljma as Sahabah and Qiyas are there to satisfy our needs. In addition, a Muslim obeys and implements the rules as obedience to Allah (swt) and not because the rulings are easy, hard, or connected with Maslaha (benefit). So we cannot use the benefit as a justification to legalize any action. There has to be a Sharia evidence as opposed to rational evidence permitting or prohibiting any action. Allah (swt) says in the Quran:
“Perhaps you may dislike something which is really good for you or like something bad for you, but Allah knows (what is best for you) and you do not know” Al-Baqarah 2:216
We can also find examples from the Sahaba that they used to leave matters that were beneficial for them for the sake of obeying the Rasul (saw) because they knew there is nothing better than obeying the Messenger (saw) irrespective of the worldly hardship they may face in the process.
Narrated Rafi Bin Khadij : My uncle Zuhair said, "Allah's Apostle forbade us to do a thing which was a source of help to us." I said, "Whatever Allah's Apostle said was right." He said, "Allah's Apostle sent for me and asked, 'What are you doing with your farms?' I replied, 'We give our farms on rent on the basis that we get the yield produced at the banks of the water streams (rivers) for the rent, or rent it for some Wasqs of barley and dates.' Allah's Apostle said, 'Do not do so, but cultivate (the land) yourselves or let it be cultivated by others gratis, or keep it uncultivated.' I said, 'We hear and obey.' [Bukhari]
Benefit is not the reason for Implementing Sharia Rules
Some justify adopting benefit as the sole basis in an action when there is no clear evidence from Quran and Sunnah. They argue that shariah in general came to satisfy the interests of the people. But no divine text came to denote that it is an Illah (legal reason) for Ahkam Sharia.
Benefit is not the criteria to justify what is Halal or Haram. it is true that the Shariah in general came for the interest of the people, but we cannot use this argument as an illah to justify every ruling. Quran, Sunnah, ljma as Sahabah and Qiyas are there to satisfy our needs. In addition, a Muslim obeys and implements the rules as obedience to Allah (swt) and not because the rulings are easy, hard, or connected with Maslaha (benefit). So we cannot use the benefit as a justification to legalize any action. There has to be a Sharia evidence as opposed to rational evidence permitting or prohibiting any action. Allah (swt) says in the Quran:
“Perhaps you may dislike something which is really good for you or like something bad for you, but Allah knows (what is best for you) and you do not know” Al-Baqarah 2:216
We can also find examples from the Sahaba that they used to leave matters that were beneficial for them for the sake of obeying the Rasul (saw) because they knew there is nothing better than obeying the Messenger (saw) irrespective of the worldly hardship they may face in the process.
Narrated Rafi Bin Khadij : My uncle Zuhair said, "Allah's Apostle forbade us to do a thing which was a source of help to us." I said, "Whatever Allah's Apostle said was right." He said, "Allah's Apostle sent for me and asked, 'What are you doing with your farms?' I replied, 'We give our farms on rent on the basis that we get the yield produced at the banks of the water streams (rivers) for the rent, or rent it for some Wasqs of barley and dates.' Allah's Apostle said, 'Do not do so, but cultivate (the land) yourselves or let it be cultivated by others gratis, or keep it uncultivated.' I said, 'We hear and obey.' [Bukhari]
Allah (swt) has given reason for only some types of rules
The Islamic systems are composed of AHkam Sharai’ah related to ‘ibadat (worships), morals, foodstuffs, clothing, mu’amalat (transactions) and penal code. Allah has given us reasons for only some rules and therefore we must not invent reasons for others.
The divine rules related to ‘ibadat, morals, food-stuffs, and clothing cannot be reasoned by ‘illah (legal reason) since there is no ‘illah for these rules exist in the divine texts of the Quran and the Sunnah. They should be taken as they came in the text and should not be based upon an ‘illah. Prayer (Salaah), fasting (Sawm), the Hajj, zakaah, the method of praying the Salaah and the number of its rak’at, the rites of Hajj and the minimum amount of property liable to payment of zakaah (niSaab of zakaah) and the like, should be taken, accepted and submitted to as they came in the text (tawqeefiyyah) and no ‘illah is sought for them. The same thing applies to the prohibition of eating the meat of a dead animal, pork and the like.
Seeking an ‘illah for these rules is wrong and dangerous. This is because if an ‘illah was sought the result would be that if the ‘illah of the rule ceased to exist then the rule would no longer exist. The ‘illah is connected to the rule in existence and absence. As an example, if we assumed cleanliness was the ‘illah for the wudu, and physical exercise as the ‘illah for salaah, and hygiene as the ‘illah for fasting (Sawm) or the prohibition of pork etc., then in these situations, whenever the ‘illah does not exist, the rule would not exist either, this would lead us to abandoning these shariah rules. For example if someone raised a clean pig whom they had fed with good food and kept in a hygienic manner, would we then be permitted to eat it?
Therefore seeking an ‘illah is dangerous for the rule and its performance. Thus, it is obligatory to take rules of ‘ibadat as they are, without seeking an ‘illah for them.
Another example is the issue of alcohol, there is no illah for its prohibition, it is well known that it used be permitted at one time, even Hamza (ra) died while there was alcohol in his stomach as the verses prohibiting alcohol were revealed later. There is no illah contained in the verses prohibiting it, furthermore the Messenger (saw) said; “Wine (khamr) was forbidden for itself.”
With regards to the Mu’amalat (transactions) and penal code some of the ahkam (rules) have come with illah and some without any illah.
For example in respect to giving the spoils of Bani Nadhir to the Muhajireen and not to the Ansar. Allah (swt) says regarding this:
“That it does not become a commodity between the rich among you.” [TMQ Al-Hashr:7]
While some other texts do not include an ‘illah at all such as:
“Allah has permitted bai’a (trading) and has forbidden Riba (interest).” [Al-Baqara:275]
The rules and evidences regarding the Muslim woman having to wear Khimar (headscarf) and Jilbab, the allowance for man to marry up to four wives at one time, the prohibition of women being rulers and many other rules have come without illah.
The valid ‘illah is the Shar’ai ‘illah that is mentioned in the text from Qur’an and Sunnah, for only these two are the Shar’ai texts. The ‘illah upon which the reasoned Hukm Shar’ai is built is a Shar’ai ‘illah and not a rational ‘illah which is derived from the mind. In other words the ‘illah must be mentioned in the divine text either explicitly or implicitly or by deduction or through a process known as Qiyas undertaken by a Mujtahid.
Difference between illah (legal reason) and hikma (wisdom)
As for the Hikmah (wisdom) behind a rule, Allah alone knows it, since our mind cannot conceive the essence of Allah, and hence we cannot comprehend His Hikmah. As for the Hikmah mentioned in the texts, such as the saying of Allah:
“Lo! Prayer (Salah) preserves from lewdness and iniquity.” [TMQ Al-’Ankabut:45]
“That which you give in Zakah seeking Allah’s countenance, has increased manifold.” [TMQ Ar-Rum:39]
And other sorts of Hikmah that are stated in the texts, they should be taken literally as mentioned in the text without making comparison to them. Unless the Hikmah of the rule is mentioned in a divine text, neither Hikmah and nor an ‘illah has to be sought for the rule.
Discussing the consequences of implementing the Shariah rules
The absence of illah in many of the rules does not mean that it is prohibited to discuss the consequences of applying the shariah rules upon the reality and how it will solve problems. This is permitted and useful especially when it comes to explaining the systems of Islam such as the social, economic, punishment and ruling systems. Explanation of the reality is not a justification for a hukm and we should be careful not to make consequences of applying the shariah rule as an illah for the rule.
For example we can discuss how the rules from the Islamic social system such as separation of men and women, the dress code, etc will create a society where there will be less agitation of the instinct of procreation and a society in which there will be less rape, molestation, fornication and the like as was the reality under the Islamic Khilafah in the past. Similarly, we can discuss how the Islamic economic system can solve the world poverty, economic slavery and so on. But we don't take all these benefitial effect of the Sharia rules as the reason for it's implementation. We implement these laws because it is the commandment from Allah (swt) but not because there is benefit in it.
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By Abu Ismail
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By Abu Ismail
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