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What is Expediency?
From what has been mentioned above in short, we understand that legal laws can be evaluated on the basis of their being harmonious and in the same direction with actual virtues and vices. In other words it may be said that legal laws should be based on truth and justice and not subjected to capricious desires and tastes of peoples or groups of people.
And should the truth follow their low desires, surely the heavens and the earth and all those who are therein would have perished... (23:71)
This has hereby become clear that legal and value oriented matters are like symbols, so bring out the combination of effect and, impression which take place in the sphere of voluntary actions and social relations of human beings and indicates the direction of movement towards the objective of laws and the final target of value system. It also becomes known that the real duty of the lawmaker is to give thought to the different complex relationship between actions in relation to the legal objectives as well as to the objectives of morality and religion. He should declare necessary any work of any nature required to be undertaken in order to achieve these objectives and which are within the framework of legal and value oriented subjects. He is also required to prohibit any action of any nature, which is contradictory to these objectives.
All said and done, the other question, which arises, is that what is the objective of real interest and sedition? Do these not finally turn to people’s gain or loss and liking and disliking? Is not the basic purpose of laws a matter of value, which is to be fixed in accordance with the desire and the liking of people? It is then that social behavior, under the shadow of their desirability and the means to achieve the desired objectives, becomes legalized. In case the reply to these questions is positive, one has to accept it necessarily that laws and generally the value system and also subjects like right and justice do not have any existence independent of peoples wishes and desires.
A detailed reply to these questions is subject to discussions on matters like: essence of values, the relationship of values with reality, the specification of the object of laws and its relationship with the good and bad of the individual and the society and difference between interest and expediency as well as similar other things. Each of these needs a detailed discussion and all these cannot be included in this paper. We are, therefore, compelled to discuss each subject as much as essential and required. The same has also been the trend followed by us in the subjects dealt with so far.
The first point to be taken into consideration is that the value of voluntary works is different from the value of their aims and objectives. That is to say the worthiness of action, which is considered in relation to morality and laws, means the desirability of the means and tools but the worthiness of objectives means their intrinsic and original desirability. Also the necessity which is related to the performance of good and beneficial deeds is analogical necessity and meant to achieve the result as far as preferentiality and causality are concerned as against the necessity related to the object itself and specially the ultimate object which is the achievement of bliss and real perfection. It is also indicative of the truth that every human being is personally desirous of his well being and perfection. This personal desirability is the basic motive required for the performance of any voluntary deed. Without no voluntary action can be performed.
The next point is that though the essence of bliss is segregated from mans achievement of the greatest, most stable and highest joys, the achievement of pleasure does not necessarily lead to perfection. However, divine wisdom has created inclination for pleasures in human nature, which are achieved by the fulfillment of his needs. The fulfillment of needs is essential for the continuation of the life of the individual and the mankind and also for the attainment of the means of perfection-basically speaking the achievement of perfection is considered as one of the spiritual needs of the human being. Hence, mans innate and natural instincts are in fact psychological incentives for a move towards the security of life and perfection. In this way, the achievement of ultimate perfection will be combined with perfect pleasure (the real bliss).
They shall have therein what they desire. (25:16)
And therein shall be what their souls yearn after and (wherein) the eyes shall delight. (43:71)
According to Holy Qur’an, bliss belongs to those who shall enter divine grace in the eternal world and awaited with eternal Paradise.
And as to those who are made happy they shall be in the garden, abiding in it. (11:108)
Therefore, the meanings of true bliss and ultimate perfection are the same. Though there may not be any agreement or relationship between them.
The third point is that there is a reason for difference in determining the meaning of bliss and ultimate perfection and in identifying the path to achieve it. One such reason is the negligence of eternal life and differences in the efflorescence of the capabilities and rational growth. Here we cannot discuss this in great detail. However, the difference in peoples attachment for some specific pleasures or their preference of any joy over another cannot be considered as the reason for the non-existence of perfection or the absence of real inclination for certain desires. On the contrary, perfection is a philosophical essence, which gets segregated for instance due to extremity of existence and its achievement brings pleasure and satisfaction. All that may lead man to ultimate perfection and eternal bliss, whatever the stages in between, shall be treated as possessing real good and value. Consequently, just as eternal bliss and perfection are realistic and essence oriented and independent of propels or groups desires and capriciousness, the good and the corrupt which are also derived from the means to achieve this ultimate objective are real, essential and independent of desires and likings.
Welfare of Individuals and Society
Man has a variety of needs and requirements and the total fulfillment of all of them is not possible in this materialistic world, which is the house of contradictions and hindrances. Many a time there is the need to sacrifice some of these for the sake of others. This is the stage when the question of selection comes to surface. Wisdom demands that the lower and the lesser requirement is sacrificed for the sake of higher one. However, all the human beings do not follow this principle. It may be due to feeble realization and identification or it may be due to being used to or attached with some of the enjoyments that the people prefer their lower and lesser requirements. It is in case of such people that it is said that they act against their interests.
Therefore, a prudent action is one, which fulfils the more important requirements and achieves higher perfection. In reasoning this is also true in regard to the clash between individual and group interests. That is to say that social life demands that certain individual interests be sacrificed for the sake of the society. Every individual should give away some of his individual benefits and desires in order to fulfill the interest of the society.
Clash between the interest of an individual and the society takes place in two ways. Firstly the sacrificing of an individual interest for the sake of society takes place in such a manner that it fulfils the requirements of all the individuals of the society including this person who has given up his interest and that this person is granted another interest of the same value or greater than that. In this case his wisdom would call for such a sacrifice. In other words his own interest demands such a generosity.
The other case is that giving up an individual interest may not result in the achievement of equal or greater interest of the individual. That is to say such a generosity may provide him with no benefit or even if any benefit accrues to him it is lesser than the interest he has sacrificed. Can one say in such a situation that it would be wise of him to overlook his interest so as to enable others to achieve their own?
The fact it that a positive reply cannot be given to this question on the basis of materialistic outlook. It’s this outlook, which explains the logic of profiteering. It is on this basis that every individual tries to exploit the society as much as he can irrespective of the great loss he would incur to others in this process. He would forego his interests only if he feels that if he did not do so he may have to suffer more and may not be able to derive grater benefit from the society.
As a matter of fact those who speak of society’s welfare and declare support for others interests and ‘rights’ from a materialistic point of view are hypocrites and imposters. In fact their only purpose is to achieve their selfish motives and nothing else. This is the reasoning which is prevalent in most of the human societies and he claim to support truth, justice and human ‘rights’ made by the leaders of the arrogance and their followers are nothing more that deception.
Some of the law experts and jurisprudents are of the view that the basis lies with the society and individual ‘rights’ are only a part of the society’s ‘rights’. It is but natural that in case of clash between the ‘rights’ of the individual and the society, individual ‘rights’ have no place. However, irrespective of the intrinsic weakness of this view which is base on the denial of the real existence of the individual and despite the fact that various parties calling themselves as supporters of this view have in action treaded the path of others as is seen from the deeds of the socialists in different countries of the world, how can one convince an individual to the effect that he should rationally give up his personal interests without acquiring equal or greater benefit from the society.
We know that individuals can be made to be indulgent and by means of propagation and inciting their sentiments and feelings. One can also lead them to the battlefield by propagating nationalism and racial sentiments. It is not the question of misguiding the people; it is the question of finding out a rational solution of the problem.
It is through divine wisdom that a positive and clear-cut answer can be found out for this issue. It is because, Firstly divine expediency demands that largest number of human beings achieve their own perfection and worldly comforts be given to human beings as the means to achieve this move for perfection. These should, therefore, be so exploited that the objective of creation in respect to all the individuals is realized.
Secondly, though indulgence and disposition may cause deprivation from material benefits but provide spiritual and moral perfection in return and their achievement is the real purpose of the creation of man and the world.
Thirdly, any deprivation suffered in this world in the path of divine pleasure and for the realization of the objective hidden in the creation of humanity shall be compensated for in the other world in a better and more perfect form.
Therefore, the reason for giving up ones own interests, in case their fulfillment conflicts with the interest of the society, is that divine expediency and the realization of the objectives of creation demand this. The way to convince people for indulging in such sacrifice is to make them realize that such an indulgence will on the one hand perfect their spirit and inner self bringing about enjoyment of conscience and spiritual pleasure, and on the other hand provide them with eternal and everlasting, bliss and closeness to divine benediction and unending heavenly blessing. These blessings are not comparable with the materialistic and worldly pleasures either in terms of quantity or quality. In this way the relationship of the divine legal system with ethical system and the divine concept of universe becomes clear.
Relationship of Truth with Expediency
From what has been discussed above, the meaning of expediency and mischief and the need for the conformity of law with individual and social interests becomes clear. It is now the turn to moot the final question: what is the relationship between the truth and expediency?
In the beginning of the paper we pointed out that the word truth has different meanings. This difference must be carefully attended to so that no mistake or confusion takes place.
One of the meanings of truth in connection with our discussions is that deed should possess and appropriate and befitting aim and objective. That is to say it should cause the achievement of greater success. As against this, untruth means a deed, which is devoid of such and objective, for instance meaningless and futile deeds.
According to this definition a deed, which is expedient, is true and an action devoid of expediency is untrue. Similarly, a law, which specifies the first type of deed, shall be true and the law, which provides for the other type shall be untrue. In this way, truth and expedience shall be in conformity with and testifying each other. In other words, both the meanings shall be abstract essence and secondary philosophical intelligible which shall be segregated in consideration of the relationship between the action and the result accruing therefrom.
As far as ‘rights’ as a legal term is concerned it means a legal privilege which is confirmed by individual or society and has a two-side relationship with the rightful and against whom the right is given, and necessarily provides and obligation for the opposite side. This is an essence of credibility, which has close relationship with property. The basic difference is that in regard to property attention is not paid to two aforesaid relationships and only the relationship of owner with the property is taken into consideration If the essence of right is considered in a wider sense and not limited within the circle of social relations, it would also include moral laws and would also hold true in case of relationship between the Creator and creation. However, the subject of truth should be related with voluntary action in some way or the other. If only the creative distinction of a being in exploiting the other being is taken into consideration there will be to place for credence to terms like "right", property, etc., unless the privileged person performs voluntary a deed in this connection or connected with the voluntary work of any other being. For instance, if the relationship of a tree with sunlight or the rainwater is taken note of and the negative or positive human effect is not given attention to the credence of right for the tree in relation to light and water will be nullified. But if human relationship is also added one can say the tree has the right to make use of sunlight and rain-water; meaning thereby that the man should not hinder the use of light or water. To be more appropriate, if the two parties to right the rightful and one against whom right is granted be free actors, this meaning would achieve better credence. For instance, it may be said that all human beings have the right to use sunlight and, therefore, nobody should hinder the usage of this divine blessing because in this case both, the rightful and the one against whom right is granted are human beings and subject of right is sunlight.
Therefore, the word right in legal and moral terms is used in instances where the possibility of exercising the will be someone having a free will is under consideration. It is so because morality and ‘rights’ are voluntary deeds and their allied matters. Anything that is not connected with voluntary action is entirely alien to subject dealing with morality and law.
But the basic issue is that in cases where there is credence of right and duty what is the source of these credences? What is the basis to ascertain right and duty?
In order to reply this question certain instances are thought of, the most important of them being as follows:
(1) Right and duty are fixed by nature. It is the nature of tree, which gives it the right to use sunlight, air and water; it is the nature of an animal, which grants it the right to use vegetation. Also it is human nature, which gives him the right to exploit vegetation and animals. Finally, it is the nature of a society, which fixes the right, and duty of individuals.
Irrespective of the fact that nature does not have an occult existence and especially because it cannot be proved that society has a nature, two other problems become evident: Firstly, as pointed out the credence of right is correct for a thing or person only in case, which necessitates the specification of duty for a person having a free will in that case. For instance, credence to the right of use of water, air and light for a tree is appropriate if it binds a man to observe this right and not to create hindrance in its usage. Any one who gives the right to a thing or person in fact provides a duty for the one who has free will to observe that right. Now the question is as to what authority has the trees nature on a man so as to fix such a duty for him? And reciprocally binds man to obey the order or the trees nature?
Secondly, when something causes clash between two beings, each of which want to exploit it, how can their right and duty be fixed? For example, if the life health or growth of man depends on drinking the water, which an animal wants to drink, in that case will the right of man have preference or that of the animal? Who would specify such a right?
In reply to such a problem it can be said that universal nature which is the creator of all minor natures of man, animal and other creatures has bestowed greater right to the mightier and, therefore, mans right has a preference on animal ‘rights’.
Although it is a fact that the existence of the overall nature is not stable for the world the standard of right, at least in case of clash, in nothing but power and strength. Naturally, if the clash is between beings, the stronger man will have greater ‘rights’, this is the basis of the law of jungle and not the basis of human morality and laws.
(2) The other instance is that right and duty is fixed on the basis of their objectives. For instance, a tree moves to attain its particular objective which is the final stage of its growth. It should, therefore, exploit the means to achieve its ultimate goal. So is the ultimate object of mans move for perfection. It is this, which decides its ‘rights’. As far as the clashes between human being are concerned, ‘rights’ and duties should be so specified that the largest number of members of a society achieve those highest objectives.
However, this reply as also not convincing in any way because the dependence of a thing to reach its ultimate aim and perfection on the exploitation of other thing cannot be a convincing argument for man to ignore his own interests and desires. Similarly, he cannot create responsibility for any human being in relation to another individual because each of them is active and endeavor to reach their ultimate goal. How can, therefore, this individual submit to a limit for his own exploitations?
(3) The other matter is that the ‘rights’ of every creature are fixed according to its requirements. In a society its members have the right to exploit it according to their requirements. This case is similar to the previous one and raises similar doubts. In addition to this, the essence of the word requirement is doubtful and flexible and no specific limits can be fixed for that.
(4) The fourth case is that since right and duty go together, the right of a person is fixed in accordance with the obligation and responsibility he accepts for himself. In other words, everyone has the right to benefit from the achievements of a society to the extent he benefits the society. This equation and balancing of ‘rights’ and duties of individuals in relation to each other is called justice.
This statement is acceptable in regard to ‘rights’ resulting from contracts and ‘rights’ accruing from performance of responsibilities which man takes upon himself voluntarily. But as far as primary ‘rights’ and duties are concerned, such as the right of a new born on his father and mother and their obligation in regard to their children, as well as the right of the disabled and the born-invalids on the society, the above statement does not solve these issues.
(5) The fifth case relates to the fact that the right and duty of each individual is fixed on the basis of depreciation and deflection of the interests of the individual and the society. This is a more serene matter that those discussed earlier. It clarifies the relationship between right and expediency better than others. However, it should be noted that firstly human interests are not entirely concerned with material and worldly interests. While accounting for and evaluating these interests, attention has to be paid to moral and eternal interests as well. Secondly, the evaluation of various interests and the fixation of the extent of their trends is a very difficult and complicated matter and, as a matter of fact, it is beyond the capability of ordinary human beings. It is here that clarifies mans need for guidance through revelation is clear.
And sent down with them the Book and the balance that men may conduct themselves with equity (57:25)
Finally, one-minute point remains uncovered by all that has been said above. It is that on what basis man has the right of expropriation in things beyond himself, whether inanimate objects, vegetables, animals or other human beings? Again the question is that irrespective of contracts and optional commitments is man considered responsibility in regard to them? Wherefrom does he get the right to use his limbs and organs?
A clear and logical reply to this question cannot be obtained on grounds of material outlook and without taking into consideration the principles of religious faiths. However, such a reply can be given on the basis of divine outlook.
When human being feels the necessity of giving credence to essences like right and duty in order to direct his voluntary movements and behaviors, he has, in the first instance, to take into consideration the actual relationship amongst the creatures so as to establish credibility on the basis of realities. However, the most fundamental realistic relationship can be found between the Creator and the created. It is the relationship of actual ownership of the Almighty Allah (SwT) towards His creatures. Hence, the first right of possession of creatures is established for the Creator. On this basis the right of possession for every existent being has finally to be authenticated by divine design. Therefore, if the Almighty Allah (SwT) did not permit man to use his limbs and organs he could not have this right. The right to possession of other beings, all of which are the total and absolute property of the Creator could not, therefore, be imagined. Also, the first duty of a man originates from the real over lordship of the Almighty Allah (SwT) and no duty can take precedence over it. All other ‘rights’ and duties spring from this right and duty.
No doubt, man due to negligence from the Almighty Allah (SwT) and His real ownership, turns attention towards his genetic domination on his own organs, limbs and energies and considers that he has the right of possession on them. But no sooner he realized his own bondage towards the Almighty Allah (SwT); he would know that his ownership of his own organs and limbs is along the ownership of Allah (SwT) and towards other servants (of Allah (SwT)). No doubt man sees his possession of blessings available in his environment as free and unrestricted. It is only in connection with clash with others that he realized the need to give credence to ‘rights’ and duties. It is on the basis of standards such as precedence in possession or severity of requirements etc. that man gives credence to laws, preferences and privileges and accepts duties and responsibilities. In fact the motive for these credits is the need for a comfortable and peaceful social life, which cannot be achieved except by observing these rules. But once this matter gets related to Origin and Resurrection, the question arises that if mans deeds become the source of credence of right on the basis of an external element, why cannot his own creation and that of the entire world become the source of right for the Creator? If the comforts of social life induce him to accept limitations for his own possessions and recognize obligations for himself, why should he not pay attention to the natural inclination towards attainment of spiritual perfection and eternal bliss and accept responsibility towards their achievement.
However, the right and duty, which relate to matters beyond social relations, go farther than their legal essence. But in consideration of the fact that legal system forms a part of the total value system, they cannot be considered wholly alien to each other. So is the case of value system, which cannot be considered, unrelated with religious order?
In conclusion, it is said that according to divine thought mans primary right of possession of his organs and limbs and other God given blessings and comforts originate from the Will of Allah (SwT) towards the perfection of creatures and the ever-increasing realization of their accomplishment. If and when there is a clash in the perfection of different creatures, the lesser perfect beings are sacrificed for the sake of more perfect beings. For instance, vegetation and animals are subjected to the exploitation by man who has achieved greater perfection, both de jure and de facto. Similarly, if the realization of accomplishment for all the individuals of a society is subjected to the sacrifice of some, this has to he done. No doubt the Almighty Allah (SwT) will not leave such sacrifices unawarded and their sacrifices will be compensated for in the best possible manner in the eternal world.
Thus all ‘rights’ and duties, whether moral or legal revert to the prudent will of Allah (SwT). In case where wisdom can minutely discover the requirements of prudence, there will be no need for divine revelation. But in most of the cases need for divine revelation and Prophethood is felt because of complicated formula and lack of comprehension by ordinary wisdom of all the changes and pressures of their effects and the exact balancing of preferences and evaluation. It is for this reason that Allah (SwT), the Prudent, in consideration of His extreme Benevolence and as demanded by His Wisdom has sent prophets and divine laws so that men may recognize the path of their perfection and possess accurate equilibrium for evaluation.
And the heaven, He raised it high, and He made the balance, that you may not be inordinate in respect of the measure (55:7-8).
In this manner, the harmony between genesis and legislation also becomes clear.
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