TAKING CARE OF INTEREST IN ISLAMIC LAW

(Rieayat almaslahat fi alshryet al'iislamia)

An article published in the Journal of ALWAEI ALISLAMI Which is issued in Kuwait in its second issue for its first year - and that was in the month of Safar 1385 AH corresponding to June 1965 AD .

Written by: Dr. Abdul Karim Zidan

Preface

1) One of the characteristics of Islamic law is that it is general in place and time, meaning that it is general to all human beings in every place and time, and with this the pronunciation of the Holy Qur’an, (And we have not sent you except for all men, a good news and a warning) and he said: “Say: O people, I am yours. And the general nature of Islamic law is not limited to the age of the Prophet, rather it extends to the Day of Resurrection, because the Messenger Prophet النبيthe Seal of the Prophets and Messengers, the Almighty said: (Muhammad was not the father of one of your men, but the Messenger of God and the two seals were interrupted and the message was interrupted.) Sharia, because Islamic law, which is the revelation of God, can only be copied by the revelation of God, and where there is no revelation after the Messenger of God, it is not conceivable to abrogate or alter it ...

And if what was presented is considered to be one of the clear matters, then one of the requirements for that is that Islamic law should be able to survive and generalize, fulfilling the interests of people at all times and places, as it is not permissible in the mind that Sharia be as we have described and it is incapable of the interests of the people ...

Adopting Sharia to take care of the interests of the people

2)  The courageous jurist al-Ezz bin Abd al-Salam says (that all Sharia interests are either warding off evil or bringing interests) and the great Imam Nasir al-Sunnah al-Nabawiyyah, Sheikh al-Islam Ibn Taymiyyah, says: Because God Almighty sent His Messenger to collect and fulfill interests, and to neutralize and reduce the evils. The investigative jurist Ibn Qayyim al-Jawziya says: (Sharia is based on governance, and the interests of the servants in the pension and return), and Imam al-Shatibi says (Sharia is not established except to achieve the interests of the servants in the immediate and future and ward off evil from them ).

This is what was quoted from these media imams, expressly stating that Sharia was built on the basis of caring for the interests of the people in this world and the hereafter, and whether these interests bring benefits, or ward off evil, because warding off evil is one of the interests of interest .

Evidence for adopting the law to take care of interests

3)  What these scholars have attained is the truth, and this is evidenced by the extrapolation of texts and the approach of the legislator in his legislation of rulings, and the foundations of Sharia law that are cut off their validity and we mention from that by way of representation but not limited to the following :

A - It came in the Noble Qur’an explaining the message of Muhammad (And we have only sent you as a mercy for the worlds). It is clear that this mercy includes taking care of the interests of the servants and warding off evil from them .

B - Explaining judgments by bringing interest and warding off spoilage, informing the taxpayers that the collection of interests is the intent of the wise street, and that rulings have not been legislated except for this purpose, from that of the Almighty saying: (In the storytelling you have life, the most important of the people, so that you may be assured of the interest in it. For whoever begs himself to assault the souls of people, so that their lives are preserved by that, and God Almighty says in the explanation of the prohibition on alcohol and the facilitator (Satan wants to inflict enmity and hatred between you in wine and the facilitator and prevent you from remembrance of God and from prayer, so are you finished) then the prohibition on alcohol and the facilitator will achieve a certain benefit It is to push back what the devil wants to inflict upon Muslims, including enmity, hatred, and refraining from remembering God and prayer .....

A - One of the principles of Sharia, which is cut off in its validity, is to lift people’s embarrassment and want ease in them and ward off hardship from them. The Almighty said: (God wants ease for you and does not want hardship in you. On you in religion from hardship.) There is no doubt that relieving people of embarrassment and the desire to make people easy and relieving them are all aspects of caring for the interest in Islamic legislation .

D - Legislating licenses for those with excuses, such as the sick, travelers, the needy and the compelled, in a prominent way of taking care of the interest and not overburdening people, so the sick person breaks the fast in Ramadan, and likewise the traveler and the compulsion on the word of disbelief does not disbelieve by saying it. Prohibitions .

E - And the legislation of rulings in the era of the Prophet took the approach of gradualism, its rulings did not come at once, but rather gradual in terms of the time of their legislation, and in terms of their types, taking care of the interests of the servants and removing the hardship from them, and taming them to accept rulings little by little .

4) Between Sharia and man-made laws

And if the Islamic Sharia in all its provisions took into account the interests of the people and that the man-made laws are among the foundations of their development taking into account the interests of the people, then between the two, however, there are two fundamental differences that cannot be overlooked .

  The first : that man-made laws are concerned only with the interests of people in this world, and their gaze does not extend beyond this life. As for the Islamic Sharia, it looks at the interests of the servants in the hereafter - which is the victory of the bliss of Paradise and the deliverance of the torment of Hell - which is the most important and most caring in the Islamic fast because it is the rest .

  The second : that man-made laws fail to achieve the interests in the fullest required manner, because they are created by human beings and human beings do not stop ignorance, whims and lack of awareness. He may see what is corrupting interest and what is a corrupt interest, so he may legislate from provisions what misses the interest and brings the corruption, and he may realize the interest but what he legislates Of judgments that he fails to attain, and the secret of the issue is that the qualities of the craftsman appear on his workmanship and workmanship, and since a person, whatever he completes, is deficient, and whatever he describes, he is not devoid of whim, and whatever knowledge comes from is a little, then these qualities are reflected in what he legislates .... As for the Sharia of Islam. It is made by God, His Majesty, who is sanctified from every deficiency, for He has absolute perfection .

The Authority is evidence of judgments

5)  Sharia, in its approach to legislation and building rulings based on interest, has indicated that taking care of the people's interests is evidence of evidence for deducing rulings, and this is what Islamic scholars have understood, so they made the interest originally from the principles of deducing rulings, so every interest appears and has no rule in Sharia. By legislating the appropriate ruling to achieve it and on this basis, the honorable companions jurists proceeded to derive judgments without denying, so what they went to becomes a silent consensus and consensus as evidence ... Abu Bakr, may God be pleased with him, compiled the Qur’an when he saw the interest in that, and Umar ibn al-Khattab, may God be pleased with him, saw the killing of the group by one And he took the prison, without the bureaus, and divided the governors in their money that they gained in the direction of the authority and made it to the house of money, and Ali, may God be pleased with him, said in the inclusion of the makers in their hands of the money of people (people are only suitable for that) to other than the jurisprudence of the Companions based on the interest .

6)  What we have said about considering interest as a basis for deduction is not disturbed by the disagreement of the jurists regarding the argument of interest and its validity for deriving rulings. This disagreement is widely discussed in the books of the fundamentals of jurisprudence, but we do not find its effects in this capacity in the books of fiqh. The attributed jurists are concerned with the denial of the argument of interest. I found their jurisprudence based on interest, as we will mention it shortly, and for you, there is no doubt that there is a group of jurists who have denied the benefit to adopt judgments on it, but this group of jurists is veiled by the correct approach of the Companions in caring for the interest and what we have said about Sharia is based on the care of interest, and as for what they argued in their denial of the validity of the interest in deriving rulings, that the wise lawmaker has prescribed to his servants that which achieves their interests, and that he did not leave an interest without legislation, otherwise this would be an insult to the Sharia and contradict the saying of God Almighty (Does a person think that he is left in vain ).

For this argument is weak and does not arise as evidence for its denial, for Sharia has really taken into account the interests of the people and legislated from the provisions that reach them, but it did not stipulate all the interest particles until the Day of Judgment, rather it stipulated some of them and indicated in the total of its provisions that the interest is the intention of the street and its purpose of the provisions, and that The mujtahids - based on this, have the right to devise judgments to achieve the emerging interests and silence about them. This approach of the Sharia in not stipulating all the interest particles is one of the advantages of the Sharia, not one of its flaws, and the evidence of its suitability for survival and the general, because the particles of interests change and change, and if the origin of the interests' interests is fixed and does not change, then it is not necessary to count the interest particles in advance and enact a special ruling for each One of them separately. Based on this, deducing judgments on the basis of interest does not denote the right of the great street person to legislate, nor does it indicate that the Creator has left his servants in vain, because he is the one who has guided us to take care of interest and adopt it .

The judgment based on it is derived from the provisions of the Sharia, and the mujtahid did not work in this type of ijtihad except by revealing the rule of Sharia and not as legislation in the beginning .

Controls for taking in the interest

7) The consideration of the interest, its regard and consideration of it as a source of legislation is not devoid of every restriction, absolutely from every officer. In fact, the scholars have set controls for the perceived interest that is the basis for deduction, so they stipulated that it be appropriate to the purposes of the street, so that it does not contradict one of its principles or a text of its texts, rather it must be of the same type of interests that the street intended to attain, or close to them that are not foreign to them. They also stipulated that it be reasonable on its own, so that if it was presented to the owners of sound minds, it would be accepted, and in addition, they stipulated that the interest would lead to preserving what is necessary, which is the preservation of religion, soul, mind, honor, or money, or achieving relief from people .

Based on these guidelines, every ijtihad, saying, fatwa, or opinion is a fictitious interest in contradiction to a legal text. This ijtihad is only null, because it is ijtihad in the context of the text and the jurisprudential rule says (there is no justification for ijtihad in the course of the text ).

And from this type of false jurisprudence based on delusional interests, what some people have argued regarding the permissibility of the prohibition of polygamy, the equality of men and women in inheritance, or the requirement of the judge's permission for the validity of the occurrence of divorce ...

Examples of jurisprudence based on interest

8) The Maliki fatwa permits the imposition of taxes on able-bodied individuals when needed and the house of wealth is weak. It came about refining the differences (employing the Kharaj on Muslims is one of the sending interests, and we have no doubt about its permissibility and the emergence of its interest in Andalusia and in our time because of the great need for what the enemy takes from Muslims except what he needs To him the people and the weakness of the treasury ... to the last thing he said. They permitted the testimony of some boys to each other in surgeries because their play - usually - other than them does not testify, even if puberty is not available, and it is one of the conditions for accepting the testimony. Their trees, if the interest in winning the enemies and their victory over them requires that.At the Hanafis, one of the forms of approval is the approval of the interest, and from it the manufacturers include what perish under their hands of people's money even though their hands are trustworthy. And whoever takes them with the interest is what Abu Hanifa went to, Abu Yusuf said about him, (Abu Hanifa, may God be pleased with him, said: And if the Muslims were struck by spoils of goods or sheep and they were unable to carry it, they slaughtered the sheep and burned the goods, disliking that the people of polytheism would benefit from that) and Imam Ahmad Ibn Hanbal went to exile the corrupt people to a country in which he believed from their wickedness, as he decreed that it is permissible to allocate a child as a gift for a specific interest that used to be He is sick, the owner of children, or a student of knowledge or in need, and the Hanbali jurists said that the guardian should force the monopolists to sell what they have for an equal value when people need him, and he also has the right to force the owners of the trades and industries that people need to work for the same fee if they refrain from working .He may also compel the owners of the trades and industries that people need to work for an equal wage if they refrain from working. He may also compel the owners of the trades and industries that people need to work for an equal wage if they refrain from working .

9) From all this it becomes clear to us the great position of interest in Islamic law and the extent of its care. Sharia was established on the basis of achieving the interests of the people and guided the taxpayers to consider it and its promise as one of the principles of jurisprudential deduction. For those who come after them to follow their path without attacking the Sharia and not exceeding the limits drawn for reformist jurisprudence, and God is the conciliator for righteousness .

Dr. Abdul Karim Zidan

Safar 1385 AH corresponding to June 1965 AD