In Indian Islamic Journal, Islamic Scholar Mohammad Jirjis Karimi Examines The Rule Of Expedience In Islam

"One of the various characteristics of Islam is that this religion is based on expedience and prudence. The orders that Allah has given contain great benefits hidden in them. Besides remaining deprived of the benefits there would be various kinds of harms if the orders are not followed and religion is relinquished. Allah says: 'And [He] has not laid upon you in religion any hardship' (Chapter Hajj, Verse 78).

"Expedience And Opinions Of Ulama [Clerics] In Islam

"There are innumerable categorical statements in the Koran and Hadith [sayings of Prophet Muhammad] in which expedience and prudence [or wisdom and reasoning] in commandments have been explained, and Ulama have written separate books on this in which the mysteries of shari'a and causes of orders [or instructions or commands] have been discussed. The clerics of Ahl-e-Sunnah [Sunnis] are unanimous on this point that Allah is wise and there is wisdom and prudence in His orders.

"[Leading jurist] Imam Ibn Taymiyyah writes: 'All clerics and jurists are unanimous on the presence of prudence and expedience in the commandments of shari'a. In this regard, some people do not accept analogy [guessing or syllogism], and some others have differences.'

"Replying to those who reject expedience and prudence in the commandments [of shari'a], the Imam [Taymiyyah] writes: 'Ahl-e-Sunnah are convinced of causation (cause] in the orders of Allah. They say Allah likes something and is pleased as proved through the Koran and Hadith. Before them liking and being pleased in absolute terms are more special in comparison to making intention... Indeed, Allah does not like unbelief, disobedience, and sins, although anybody cannot perform these acts without the will and intention of Allah....'

"Regarding the presence of expedience and prudence in Islam, Imam [Taymiyyah] writes: 'When an individual, in short, comes to know that great wisdom are there in Allah's religion (dos and don'ts), then this much is enough; and gradually wisdom and mysteries of Allah's bounty are revealed to him with the increase in his faith and knowledge, as Allah has said in the Koran: 'We will show them Our signs in the universe, and in their own selves, until it becomes manifest to them that this Koran is the truth' (Chapter Fussilat, Verse 53). Or, as this has been more explicitly explained in one of the Hadiths: 'Allah is more merciful towards His slaves than mothers towards their children.'"

19th-Century Theologian Shah Waliullah Muhaddis: "Some People Think That Orders In Shari'a Are Not Based At All On Prudence And Expedience... This View Is Totally Wrong And It Is Rejected By Sunnah [Practices Of Prophet Muhammad]"

"Shah Waliullah Muhaddis Dehlvi [a 19th-century cleric from Delhi noted for exegeses of Hadith], in his book Hujjat al-Balighah, has vehemently rejected those who denied that there are expedience and prudence in commandments [from Allah]. He writes: 'Some people think that orders in shari'a are not based at all on prudence and expedience... this view is totally wrong and it is rejected by Sunnah [practices of the Prophet] and Ijama-e-Ummah [unanimous opinion of the Ummah].'

"The Benefits Of Expedience

"Muhaddis Dehlvi described in detail the benefits of knowing the expedience and prudence [in Islam]. Some of these are as follow:

"a. This shows the miracle of shari'a like the miracle of Koran (which is beyond human contentions) that the shari'a brought by Prophet Muhammad... is more complete than other shari'as [religions/laws], and such expedience have been kept in mind which is not possible through other ways. This complete shari'a has been presented from the Prophet Ummi [unlettered].

"b. It makes one's heart content if one gets to know the expedience of shari'a along with complete faith in shari'a of Islam, and this contentment is required as a rule, as Prophet Abraham... has asked of Allah despite complete faith in Him...

"c. There have been differences among the Fuqaha [jurists] regarding the subsidiary issues [in religion], and it helps one to give preference to one over another through the knowledge of expedience.

"d. Some sects are doubtful about some issues in shari'a. They think that shari'a's orders in a particular case are contrary to wisdom, and the thing that goes against reasoning should be rejected, as Mutazilah [a sect] have doubt about punishment in graves. In the same way, they say about the accountability and weighing of deeds on the Day of Judgment that when Allah is all-knowing, then what is the use of accountability and weighing of deeds....?

"Imam Ibn Taymiyyah says that expedience is proved in religious commandments through three ways:

"a. If there is expedience in a certain deed, even if it has not been explained in shari'a. For example, in case the expedience of justice is to establish peace and harmony in the world and oppression and injustice is the cause of turmoil in the world. This expedience is proved through both reasoning and shari'a.

"b. There is expedience in obeying the commands given in shari'a, and if it is said that one must refrain from something, then keeping away from that is the demand of expedience. This shows that the legislator's order only determines the beauty and ugliness [of something].

"c. Allah might examine, through a command, whether His slave obeys or not. It could be possible that complying with the order was not intended, as in the case of asking Abraham to sacrifice his son or in the case of the order to the three people (bald, leper, and blind) of Bani Israel [Israelites] so that they acknowledge the special gifts of Allah and spend in the path of truth...."

"Expedience Is Primarily Of Two Kinds – Regarding Worldly Life And The Hereafter; Expedience After Death Means To Seek Allah's Pleasure In The Hereafter.... And Worldly Expedience Means The Benefit In This Worldly Life And The Dispelling Of Harm"

"The Meaning And Explanation Of Expedience

"The meaning of Saluh, Yaslah, Salha, Saluha and Salhiyah is: to be right and correct. And the word Maslihat [expedience or prudence] comes from the same [root words], while Masaleh is the plural of Maslihat. The opposite of it is trouble and disturbance, used in the meaning of mischief and wrong. As a term, it is used in order to express the expedience in the commands of shari'a. It encompasses both the aspects of benefits and doing away with harm.

"Islamic clerics have defined the meaning of Masaleh through different angles. Imam Ghazali [11th century Islamic theologian and jurist] says: 'Acquiring benefit and dispelling harm are the basic needs of people, and it is by the Islah [reform or betterment] of the creature that their goals are achieved. Here Islah has been used in the meaning which is desired in shari'a, and five orders [commands] are in the interest of the creature: safeguard of religion, safeguard of self, safeguard of wisdom, safeguard of race, and safeguard of property.

"Therefore, all the commands or ways which would guarantee these five rules would be called Maslihat or Islah [expedience or prudence] and those which break these rules would be called trouble, and it is obligatory to do away with trouble.'

"Allama Aamdi defines Maslihat in these words: 'The goal of a shari'a command is to benefit someone, or to safeguard someone from harm, or both....'"

"The Kinds Of Expedience

"Expedience is primarily of two kinds – regarding worldly life and regarding the Hereafter. Expedience after death means to seek Allah's pleasure in the Hereafter, entrance into Paradise, and deliverance from Hell. Worldly expedience means the benefit in this worldly life and the dispelling of harm. Most clerics have divided worldly expedience into three categories: a) essential, b) required, and c) appreciable."

The Prophet Muhammad Said: "One Who Changes One's Religion (Leaves Islam) Should Be Killed [As Expedience To Safeguard Religion]"; "The Safeguard Of Religion Is Not Only Limited To Apostasy And Schism [Innovation In Islam], It Is Desired With Regard To Infidels And Polytheists Too"

The Essential Expedience

"The 'essential expedience' is the expedience without which human being cannot have the concept of a healthy life. In modern terminology, it may be described as the basic human needs. Essential expedience is based on five things: a) faith, b) life, c) race, d) property, and e) reasoning. The Islamic point of view is being presented below about the importance of these things.

"a) Safeguarding faith and belief: In the view of Islam, the life of a human being is meaningless without religion and faith. It does not approve a person living a life devoid of faith and belief. In such a situation, how would it appreciate that one be a cause of interference in others' religion and belief, or go astray from one's own belief? It is a punishable crime before shari'a. In other words, Islam wants to protect society from religious commotion. It should not happen that one goes astray himself and becomes a source of deviation for others too. The punishment for the apostates has been defined as a last solution of this. The Prophet Muhammad said: 'One who

"The safeguard of religion is not limited to apostasy and schism [innovation in Islam], it is desired with regard to infidels and polytheists too. Therefore, those who are ready to fight are ordered to fight them; the primary reason behind this is the safeguard of the religion so that unbelief, polytheism, and false religion should not become a source of mischief for Muslims after [they] have become victorious. Allah says: 'And kill them wherever you find them, and turn them out from where they have turned you out. And Fitna [mischief] is worse than killing' (Chapter Baqra, Verse 191).

"The protection of religion, mosques, and Jamaat [gathering for prayer], of Sunnah, and of the order for right and the forbidding of evil are also included in the safeguard of religion.

"b) Safeguarding life: All creatures on Earth, all worldly bounties and activities are because of human beings, and their existence is based on the fact that they should not seek the lives of others, otherwise this world will become desolate and all its splendor will vanish. That is why the killing of a man in Islam has been termed as the killing of all humanity... Allah says: 'if anyone killed a person not in retaliation or murder or (and) to spread mischief in the land – it would be as if he killed all mankind; if if anyone saved a life, he saved the life of all mankind' (Chapter Maidah, Verse 32).

"The value of human life demands that one should not be after one's own life. That is why suicide is haram [strictly prohibited] in Islam. Allah says: 'And don't kill yourselves. Surely, Allah is the most merciful to you' (Chapter Nisa, Verse 29).

"And to safeguard life, Qisas [capital punishment or retaliatory punishment] is ordered by shari'a, in which not only life for life is mentioned but even light bruises and injuries, even a slap, have also been made legal. Allah says: 'And We ordained therein [Torah] for them: Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal' (Chapter Maidah, Verse 45). Qisas has also been described as life-giving for mankind. [Allah says:] 'O men of understanding, and there is saving of life for you in Qisas [the law of equality in punishment]; may you refrain from violating this law' (Chapter Al-Baqra, Verse 179).

"c) Safeguarding the race: Safeguarding the race is, in fact, the safeguarding of mankind; otherwise, civil society will become the victim of commotion. It is essential in shari'a that every single child be brought up under the guidance of parents, and should become their heir. Since this can be achieved through conjugal life, that is why Islam has declared Nikah [marriage] as legitimate, and all other types of sexual relations as haram, and punishment for them has been set....

"d) Safeguarding property: Property [or money] is among the basic needs without which a man has no other source for food, clothing, and housing. For want of money, one is forced into poverty and wretchedness. That is why shari'a has given the order to earn, acquire, and spend money, and along with that, to protect it from theft and looting. Allah says: 'O you who believe! Eat not up your property among yourselves unjustly except when it be through trade amongst you by mutual consent' (Chapter Nisa, Verse 29).

"The meaning of eating up others' property unjustly [also] includes all those means which have been termed as illegal in shari'a, whether they are done openly or secretly. A Hadith says: 'One who bought a stolen thing knowing that the thing has been stolen is equally involved in that vice and evil deed....'

"e) Safeguarding reasoning: Safeguarding reasoning means to refrain from or avoid such things that could become a source of social disorder and a source of leading them into trouble... Therefore, alcohol and all other intoxicating materials are haram and punishable in shari'a. Allah says: 'O you who believe! Intoxicants [all kinds of alcoholic drinks] and gambling, offered material and arrows for seeking luck are an abomination of Satan's handiwork. So avoid [strictly] that [abomination] in order that you may be successful. Satan wants only to excite enmity and hatred between you with intoxicants and gambling and hinder you from remembrance of Allah and from the prayer. So, will you not then abstain?' (Chapter Maida, Verses 90-91).

"The above are the five expediencies in the shari'a which has been termed as the 'Essential Expedience.' Shari'a has made protecting them obligatory, and punishment has been set for breaking them...."

"A Majority Of Clerics Has Called Qiyas [Reasoning] The Quintessence Of Shari'a; The Prophet Muhammad Had Accepted Suggestions Given On The Basis Of Reason On Many Occasions"; "The Religion Gifted By Allah Is Based On The Worldly And Hereafter Expedience And Prudence Of The Slaves [Of Allah]"

The Required Expedience

"This is the second category of expedience considered by shari'a; it is called 'Required Expedience.' This is the expedience which if taken into account will create ease in life, and abandoning it will result in poverty and hardship, but it does not fall in the degree that happens with the breaking of 'essential expedience.'

Imam Shatibi [14th century Islamic scholar] writes: 'Requirements means seeking for prosperity and doing away with poverty and if it is not fulfilled then it would create difficulty and hardship....'

"In the light of this explanation Ulama have mentioned two types of Required Expedience: Real Requirement and Complementary Requirement. The two types are present in all kinds of commands, prayers, dealings, habits, and sins. The consideration of required expedience in prayers is like having permission to make infidel statements in helplessness, permission to eat a dead body to save a life...."

Appreciable Expedience

"The third type of expedience is appreciable. Maintaining this expedience creates beauty and virtue in the orders and deeds, and the right reasoning should call for it, and it must not create trouble and hardship if not followed... The examples of this are: cleaning filth, maintaining the veil, keeping neat and maintaining adornment, giving alms, maintaining manners when eating, avoid eating dirty things, avoiding extravagance...."

"Expedience In Religion Is Not Limited Only To These Types

"In general, clerics have mentioned only these five types of expedience and prudence in religion, and have set three categories (essential, required and appreciable). But some clerics have explained that expedience in religion [Islam] is not confined and limited within these types.

"Professor Dr. Mohammad Nijatullah Siddiqi is convinced that the types of expedience should be expanded. In this regard, he cites the works of Imam Ibn Taymiyyah and Ibn Qayyim.... Ibn Taymiyyah says: 'Some people confine expedience... into safeguarding life, property, honor, wisdom and religion. But doing so is not right. In fact... expedience is to obtain benefit and to do away with difficulties....'

"Shedding light on the need for expansion in the traditional list [of the types of expedience], Dr. [Mohammad Nijatullah Siddiqi] writes: 'There is also a view that the traditional list of five contents of ... [expedience] – religion, life, wisdom, race, and property – has in itself such a range that many new objectives are thought to be included in that list. For example, justice could be included in religion, and doing away with poverty and general maintenance [i.e. public welfare] are considered to be the part of safeguarding life. I do not agree with this, for two reasons.

"The first reason is, as has been said by Ibn Taymiyyah, that regarding the objectives of shari'a, it is essential to include something beyond safeguarding. The total emphasis is on doing away with harm that appears in the traditional list, and the aspect of... benefit has been suppressed.

"'The second reason [has to do with] current global and national issues, such as environmental pollution controls, safeguarding universal natural resources, a general ban on the development and use of weapons of mass destruction, and the destruction of existing nuclear weapons, including chemical and biological weapons, and other requirements for the peaceful coexistence of nations of the world; it is better to significantly underline Islamic teachings connected to these issues.'

"He [Mohammad Nijatullah Siddiqi] has included the following proposals in the traditional list [of the types of expedience], and has given proof for them from the Koran and Hadith: a) human self-respect, b) basic freedom, c) justice, d) eradication of poverty and general maintenance, e) social equality and putting checks on the growing disparity in the distribution of wealth, f) peace and harmony and law and order, and g) mutual cooperation... on the international level.'"

"Religious Expedience And Reasoning

"'Reason' discovers expedience and prudence in the religion's commandments, but sometimes shari'a orders are also derived on the basis of reasoning. As it is known, the fourth source of shari'a is Qiyas [analogy/reasoning], and in the absence of a direct order on an issue under discussion the ruling of shari'a is sought through this method. A majority of clerics has called Qiyas the quintessence of shari'a. The Prophet Muhammad on many occasions accepted suggestions given on the basis of reason. Similarly, the companions [of the Prophet Muhammad] and people who saw them derived the rulings of shari'a on the basis of analogy and reason...."

"Following Commands Does Not Depend On Knowing About Expedience

"Undoubtedly, the religion given by Allah is based on expedience and prudence, but following the commands of the religion does not depend on knowing about expedience, because human wisdom is limited and it is not necessary that it comes to know all the prudence of Allah.

"Shah Waliullah of Delhi writes: 'It is not permissible to wait for knowing about the expedience in follow the commands of shari'a after it is proved through true tradition – this is because the reasoning of many people cannot understand much about expedience on its own, and Prophet Muhammad's entity is more reliable than our reasoning.'"

"Conclusion

"The conclusion of this discussion is that the religion gifted by Allah is based on the worldly and Hereafter expedience and prudence of the slaves [of Allah]. That is why there can be no other way more beneficial and satisfactory... a source of salvation and welfare.

"Therefore, [not recognizing the principle of expedience in Islam and] forsaking this religion and calling it a thing of past is based on human ignorance, and it could have serious consequences...."