The Criterion for Evaluating the Importance of Interest
(For the existence and preservation of human life)
1- The Necessities (al-Daruriyyat):
Basic requirements to the survival and spiritual well-being of individuals and societies.
Their destruction lead to seriously affecting human life (basic human rights), demise of normal order, chaos in the society.
**The Basic Rights
1- Religion (al-Din) الدين
2- Life (al-Hayah) الحياة
3- Intellect/ reason (al-‘aql) العقل
4- Lineage/progeny/ family (al-nasl) النسل
5- Property/ wealth (al-mal) لمال
How Shari‘ah preserves the five basic rights?
1- Affirmative measures = establishments + maintenance (obligations, recommendations, permissible).
2- Protective measures = prohibitions + punishment.
2- The needs (al-Hajiyyat):
Those interests which are needed to:
- support necessities
- remove severity and hardship
Their absence does not impose a threat to the very survival of normal order and basic human rights
3- The complementary interests (al-Tahsiniyyat):
To attain perfection and refinement in human life.
= The relation between the three categories is that each outer shell forms a supportive and protective boundary for the inner shell.
The benefit of this classification is to resolve any conflict between these different categories of interest.
The rules of conflict and priority
1- The stronger interest shall prevail:
Although all the necessities should be observed, promoted and protected, in case of conflict they should be taken according to the following order: - Daruriyyat have priority over the hajiyyat, which in turn have priority over the tahsiniyyat.
2- The public interest is prior to the private:
Legal maximum:
Committing a specific harm for the sake of preventing a general harm.
- Taking preventive measures against people who are carrying transmitted diseases.
- Punishments.
- Preventing unqualified professional from practising.
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