Paper Summary:
This paper examines the relationship between the objectives of Islamic law (maqasid al-shari’ah) and the laws of nature, starting from the Quranic perspective that presents legislation within an integrated cosmic context. It presents legal verses alongside cosmic verses, emphasizing that the system of legislation stems from the system of creation, and that the objectives of religion are not extraneous to existence but rather an extension of its values and laws.
The paper aims to provide a theoretical foundation linking three levels: existence (cosmic laws), values (major ethical principles), and legislation (the objectives of Islamic law and its rulings). It presents applied models in the fields of financial and social transactions and proposes mechanisms for implementing this vision within the context of building the new Syrian state, in light of the Syrian Future Movement’s vision based on “consultation” (shura-cracy).
First, Theoretical Problem: Can a bridge be built between the universe and legislation?
It is well-known that the Quranic discourse is characterized by a unique phenomenon: the frequent pairing of cosmic verses with legislative verses. God Almighty says: “Indeed, in the creation of the heavens and the earth and the alternation of the night and the day are signs for those of understanding. Those who remember God while standing, sitting, and lying on their sides and reflect upon the creation of the heavens and the earth, [saying], ‘Our Lord, You did not create this aimlessly’” (Quran 3:190-191). Reflecting upon creation is thus linked to remembering God, as if contemplating the order of the universe is a gateway to understanding the Creator’s purpose in legislation.
However, this comparison raises a fundamental philosophical question: how do we move from “the universe is ordered” to “we must be just”? Does the cosmic order automatically impose moral values?
The answer requires a three-tiered analysis:
The first level: the existential – here we establish that the universe operates according to fixed laws and precise principles, indicating the will of a wise Creator. This level is expressed in the Quran: “You will never find any change in the way of God, nor will you find any alteration in the way of God” (Fatir 43). The cosmic order is consistent and unchanging, reflecting God’s knowledge, power, and wisdom.
The second level: the ethical – here we deduce from the Creator’s wisdom that He has a will and purpose in His creation, and that this purpose is directed towards goodness and perfection. This transition requires philosophical (or faith-based) premises that affirm God’s goodness, that His creation is not in vain, and that existence has a purpose. God Almighty says: “Did you think that We created you in vain and that you would not be returned to Us?” (Al-Mu’minun: 115). The existence of purpose is a prerequisite for the existence of value.
The third level: the legislative level – here we arrive at the understanding that Islamic law (Sharia) is the practical translation of the values necessitated by the order of existence. That is, it is a set of guidelines that enable humanity to achieve balance with itself, with its society, and with the universe. Here, integration is achieved: legislation does not introduce anything that contradicts the laws of the universe, but rather brings about what achieves for humanity a deeper harmony with them, while adding a voluntary ethical dimension that natural laws alone do not provide.[1]
This tripartite bridge – existential, ethical, and legislative – is what is missing in most writings that deal with the objectives of Islamic law (Maqasid), and it is what this paper attempts to contribute to building.
Secondly, Cosmic Values in the Mirror of the Qur’an – A Theoretical Foundation:
Three major cosmic values can be distinguished in the Qur’anic discourse. These are not merely human observations, but rather established cosmic truths to which the Qur’an alludes and links with the objectives of Islamic law:
The Systemic Value (Scientifically):
The universe is based on a highly precise and coordinated system, from the structure of the atom to the movement of galaxies. This system is what allows us to predict, understand, and utilize natural phenomena. The Qur’an referred to this system in the context of calling man to monotheism and contemplation, as in His saying: “Indeed, in the creation of the heavens and the earth and the alternation of the night and the day and the ships which sail through the sea with that which benefits mankind and what Allah has sent down from the sky of rain and given life thereby to the earth after its lifelessness and dispersed therein every kind of moving creature and [His] directing of the winds and the clouds controlled between the sky and the earth are signs for a people who use reason” (Al-Baqarah: 164). The system here is not merely a visual phenomenon, but a rational argument that calls for faith and intention.
This systemic value is what jurists have established in matters such as the “legal timing” of prayers (Fajr, Dhuhr, Asr, Maghrib, Isha). They have linked prayer times to the sun’s position in the sky, which signifies a constant reliance on cosmic laws in determining the most sacred acts of worship.[^2]
The social (cooperative) value: The universe is not based on isolated elements, but rather on reciprocal relationships and complex interactions between its parts, from the interdependence of chemical elements to the cooperation between biological species. This interdependence is what ensures the continuity of the entire system. The Quran expresses this value by describing the heavens and the earth as a homogeneous unit: “Have those who disbelieved not considered that the heavens and the earth were a joined entity, then We separated them?” (Al-Anbiya: 30). Falcons are a single nation in their origin, and their diversity and branching out serve only to complement their functions.
This value inspires the principle of “cooperation” in social interactions, which the Quran explicitly affirms: “And cooperate in righteousness and piety, but do not cooperate in sin and transgression” (Al-Ma’idah 5:2). This cooperation is not merely a moral imperative, but a reflection of an existential necessity: humans cannot live except in communities, and communities cannot flourish except through the cooperation of their members.
The aesthetic (benevolent) value: Every orderly system is a source of joy and beauty. The Quran has pointed to this value in numerous verses, including: “Do you not see that God sends down rain from the sky, and We produce thereby fruits of varying colors? And in the mountains are streaks of white and red, of varying shades, and [others] jet black.” (Fatir 27). The diversity of colors in nature is not arbitrary; rather, it is a sign of God’s greatness.
The night calls for glorification and contemplation.
This aesthetic value is manifested legislatively in the objective of “ihsan” (excellence), which is the highest degree of faith, as in the noble Prophetic hadith: “Ihsan is to worship God as if you see Him, for if you do not see Him, He surely sees you.” [3] Ihsan is adherence to a divine standard of quality and order, just as quality is manifested in God’s creation of the universe.
Thus, the three values—order (knowledge), cooperation (society), and ihsan (beauty)—are integrated to form a cosmic framework consistent with the objectives of Islamic law in achieving good for humanity.
Thirdly, the specific objectives in financial transactions:
If we move from general cosmic values to the specific objectives in the field of financial transactions, we find that Islamic legal rulings contain clear indications of drawing inspiration from the laws of the universe, even if not in direct legal formulation. This can be detailed in the following objectives:
The objective of commerce: Islam encourages trade, discourages monopoly, and prohibits depositing wealth in the hands of a few. These rulings aim to ensure that wealth circulates equitably among the largest possible number of people. The Quran states: “So that it will not be a perpetual distribution among the rich from among you” (Al-Hashr 7). This principle mirrors the cycle of water and elements in nature, where there is no stagnation or monopoly, but rather a continuous flow that sustains life.
Scholars view the principles “harm must be removed” and “hardship necessitates ease” as tools to stimulate economic growth and prosperity, thus aligning Islamic law with the natural order of the universe [4]. Maliki scholars mention in the Mudawwana that preventing monopolies was among the objectives upheld by Malik (may God have mercy on him), in pursuit of this principle [5].
The Objective of Documentation: Islam mandates documentation in contracts and transactions, particularly the written record of debts, as in the verse on debt (Al-Baqarah 282), which calls for writing and witnessing. This documentation represents a “regulation” of the human system, mirroring the regulation of the cosmic order, where every movement and stillness is subject to precise laws, devoid of arbitrariness. Al-Shatibi stated in “Al-Muwafaqat” that the objectives of Islamic law aim to preserve order in society, and documentation is one of the mechanisms that guarantees this order [6].
The Objective of Justice in Transactions:
God Almighty says: “And the heaven He raised and established the balance. That you not transgress within the balance” (Ar-Rahman: 7-8). The entire universe is based on balance, that is, justice and equilibrium. Justice in transactions has been made a legislative requirement, as in His saying: “And when you speak, be just, even if it concerns a near relative” (Al-An’am: 152). Contemporary scholars, such as Dr. Al-Qaradawi, believe that justice in economics is a reflection of justice in the universe, and that deviating from the laws of economic justice is a deviation from God’s established order in His creation [7].
The Purpose of Preserving the Nation’s Wealth:
The purpose of preserving wealth is not to enrich the individual at the expense of the community, but rather to reconcile the individual’s right to ownership with the nation’s right to stability and growth. This balance is the same balance we see in the universe among its various elements: no element dominates another, but rather there is integration and equilibrium. Al-Shatibi pointed out that the purpose of preserving wealth is achieved by its circulation among people and its absence in the hands of a few, which is precisely what achieves cosmic balance in the distribution of resources [8].
Fourth, Specific Objectives in Social Transactions:
In the social sphere, the universal laws manifest themselves in three major objectives:
- The Objective of Cooperation and Integration:
Human beings are social by nature; they cannot live in isolation. This cooperation is not an innovation, but rather an imitation of the cooperation and integration we see in the universe: elements and beings cooperate to form a single, cohesive system. The Quran explicitly commands it: “And cooperate in righteousness and piety.” Scholars have established cooperation as a fundamental principle of Islamic governance, as mentioned in books on governance [9], where they explained that managing the interests of the nation necessitates the integration of efforts between the ruler and the ruled. - The Objective of Mercy and Compassion:
The Prophet (peace and blessings be upon him) commanded compassion in all things and made mercy the basis of interaction. Mercy is a universal value, as God Almighty says: “My mercy encompasses all things” (Al-A’raf: 156). God’s mercy encompasses all things, so how can a human being withhold it from his fellow human being? This principle finds its application in rulings that consider the vulnerable in society, such as the rulings on zakat (obligatory charity), maintenance, retaliation, and prescribed punishments. Ibn Ashur indicated in “The Objectives of Islamic Law” that mercy is the ultimate goal of legislation, and that all rulings are intended to achieve it, even in punishments.[10] - The Objective of Establishing Justice and Rejecting Injustice:
This is the foundation of the cosmic order. God established balance throughout the universe and commanded humankind not to transgress this balance. Scholars have made justice the cornerstone of Islamic governance, stating that a ruler is not permitted to be unjust, even if it is to achieve a benefit. This principle aligns with the laws of the universe, as there is no transgression of its laws or deviation from its order.
Fifth: Issues Open to Criticism:
Despite the foregoing, it must be acknowledged that there are limitations to this approach, and addressing them enhances the scholarly paper:
First Issue: Are all cosmic laws moral values? In the universe, phenomena such as earthquakes, hurricanes, and predators exist, and these are not inherently moral values. Rather, they are part of a cosmic order that is not contingent upon morality. The answer is that cosmic laws are not a monolithic entity, but rather physical laws. The values derived from them are inferred (such as order and justice), not literally transmitted. The cosmic order teaches us the concept of “order,” but the “justice” we apply is derived from divine revelation, not from earthquakes.
The second problem: Where are the limits of analogy based on the universe? We cannot base all rulings on cosmic phenomena because Islamic law includes devotional obligations that have no rational basis, such as the number of prayers and the rituals of Hajj. These cannot be derived from the universe; they are divinely revealed. Therefore, a distinction must be made between the realm of “transactions” (where rationale is possible) and the realm of “pure acts of worship” (where rationale is limited or nonexistent).
The third problem: How do we reconcile universal “benevolence” (which does not discriminate) with legislative “justice” (which distinguishes between right and wrong)? The answer: Universal benevolence is perfection and perfection, while legislative justice is fairness and differentiation between those obligated according to their actions. There is no contradiction between the two levels; rather, they complement each other.
This acknowledgment of self-criticism makes the approach here more mature than absolute idealist conceptions, which we do not claim to be.
Sixth: A proposed applied model:
We can move from theorizing to applying objectives based on universal laws through four axes, in light of the vision of the Syrian Future Movement (Shura-cracy) and the transitional phase in Syria:
The first axis, in the field of financial legislation:
Financial laws should be formulated to achieve the objectives of prosperity, documentation, justice, and the preservation of wealth, while taking into account the circulation of money in society and preventing its concentration in the hands of a few. This means:
- Establishing progressive tax laws that achieve justice, with incentives for investment and production (to promote prosperity).
- Obligating companies and institutions to disclose their finances and maintain transparency (to ensure proper documentation).
- Encouraging Islamic and ethical finance that avoids monopolies and speculation (to achieve justice).
This aligns with the Syrian Future Movement’s documents, which stipulate building a just economic system that guarantees the rights of all citizens [11].
The second axis, in the field of social legislation:
Enacting laws that promote cooperation and integration among members of society and instill values of compassion and kindness in public and private institutions:
- Developing social security, healthcare, and education laws to achieve social solidarity.
- Encouraging volunteer work and civil society organizations to support the state in providing services.
- This mirrors the universal principle of cooperation and achieves the goal of social integration, as indicated by Ibn Ashur [12].
The third axis, in the field of governance and politics:
The system of governance is built on the foundations of consultation and justice, mirroring the system of the universe based on balance among its elements. This is what the Syrian Future Movement refers to as “Shura-cracy,” which integrates:
- Shura as a value-based framework derived from the objectives of Islamic law.
- Democracy as a procedural mechanism for electing institutions.
- A balance of power, oversight of the ruler, the rights of the opposition, and citizen participation in decision-making.
- This model achieves order and balance in political governance, mirroring the harmonious cosmic order.[13]
The fourth axis, in the field of the judiciary:
Judges are trained in the jurisprudence of objectives and the mechanisms of weighing evidence, enabling them to consider the case holistically, taking into account the consequences and outcomes, and drawing inspiration from the universal principles of balance and justice. This means:
- Adhering to the principle of “balance of interests” (which considers the consequences).
- Adopting the jurisprudence of priorities, whereby necessities take precedence over needs.
- Relying on inductive reasoning and the public interest in rulings not explicitly stated in the texts.
- This is what contemporary research on the objectives of Islamic law (maqasid) has called for, placing the judiciary as one of the most important pillars for implementing these objectives [14].
Seventh, Conclusion and Recommendations:
This paper concludes that there is a fundamental and close relationship between the objectives of Islamic law and the universal laws, based on the fact that the Creator is one, and that His system in the universe and His system in legislation stem from a single wisdom. The paper demonstrates how universal values (order, cooperation, and benevolence) can be drawn upon in deriving the objectives of financial transactions. (Prosperity, documentation, justice, and preservation of wealth) and social (cooperation, mercy, and justice), while noting the limitations and challenges that must be addressed.
Based on this, the Syrian Future Movement recommends the following:
First: Adopting a universal, purpose-oriented approach as a guiding methodology in formulating laws and policies. Any law should be evaluated based on its alignment with the natural laws of the universe in terms of order, justice, and benevolence, and its contribution to social and economic prosperity. This application of principles must be governed by the tenets of Islamic law and the principles of jurisprudence.
Second: Forming a specialized team of jurists, thinkers, and experts in the natural and social sciences to develop a guide outlining how to draw upon these universal principles in various fields. This guide should include practical examples from classical Islamic jurisprudence and contemporary realities.
Third: Incorporating courses on “The Jurisprudence of Universal Laws and the Objectives of Islamic Law” into the Movement’s training and development programs. This will raise awareness among its members about the importance of this approach and train them on its application in national dialogue and institutional development.
Fourth: The call to include this vision in the draft of the upcoming Syrian constitution as a guiding principle for the economic and social system of governance, ensuring that laws are formulated in light of achieving natural balance and social integration, thereby upholding human dignity and preserving the right to a decent life.
In conclusion, the Maqasid-based vision, which draws inspiration from God’s laws in His creation and His rulings in His Sharia, offers a broad horizon for renewing Islamic political thought and presenting a civilizational model.
References:
- The Holy Qur’an.
- Al-Shatibi, Abu Ishaq Ibrahim ibn Musa. Al-Muwafaqat. Edited by Abdullah Daraz. Dar al-Kutub al-Ilmiyya, Beirut, 1st edition, 1411 AH/1991 CE.
- Ibn Ashur, Muhammad al-Tahir. Maqasid al-Shari’a al-Islamiyya. Edited by Muhammad al-Habib ibn al-Khuja. Dar al-Salam, Cairo, 2nd edition, 2011.
- Al-Raysuni, Ahmad. The Theory of Maqasid According to Imam al-Shatibi. International Institute of Islamic Thought, Herndon, Virginia, 2nd edition, 1995.
- Al-Qaradawi, Yusuf. Ijtihad in Islamic Law. Al-Risalah Foundation, Beirut, 1st edition, 1417 AH/1996 CE.
- Al-Alwani, Taha Jabir. On the Jurisprudence of Priorities: A New Study in Light of the Qur’an and Sunnah. International Institute of Islamic Thought, Cairo, 1st edition, 1415 AH/1995 CE.
- Ibn al-Qayyim, Muhammad ibn Abi Bakr. I’lam al-Muwaqqi’in ‘an Rabb al-‘Alamin. Edited by: Muhammad Abd al-Salam Ibrahim. Dar al-Kutub al-Ilmiyya, Beirut, 1st edition, 1411 AH/1991 CE.
- Al-Mawardi, Abu al-Hasan Ali ibn Muhammad. Al-Ahkam al-Sultaniyya (The Ordinances of Government). Edited by: Ahmad Mubarak al-Baghdadi. Dar Ibn Hazm, Beirut, 1st edition, 1423 AH/2002 CE.
- Sahnun ibn Sa’id al-Tanukhi. Al-Mudawwana al-Kubra (The Great Compendium). Dar al-Kutub al-Ilmiyya, Beirut, 1st edition, 1414 AH/1994 CE.
Footnotes:
[1]: See: Al-Shatibi, Al-Muwafaqat, vol. 2, pp. 5-7, where he explains that the Shari’a came to achieve the interests of people in this world and the hereafter, and these interests are in harmony with the order of creation.
[2]: See: Al-Muwafaqat, vol. 1, pp. 55-57, in the chapter “Shari’a Rulings are Based on Reasons.”
[3]: A sound hadith, narrated by al-Bukhari and Muslim on the authority of Umar ibn al-Khattab (may God be pleased with him). [^4]: See: Al-Qaradawi, Ijtihad in Islamic Law, pp. 155-160.
[^5]: See: Al-Mudawwana al-Kubra, Book of Sales, Chapter on “Monopoly”.
[^6]: See: Al-Muwafaqat, Vol. 4, pp. 189-191, regarding the objective of preserving order.
[^7]: See: Al-Qaradawi, Ijtihad, pp. 170-175.
[^8]: See: Al-Muwafaqat, Vol. 2, pp. 23-25.
[^9]: See: Al-Mawardi, Al-Ahkam al-Sultaniyya, pp. 65-67.
[^10]: See: Ibn Ashur, Maqasid al-Shari’a, pp. 85-87.
[^11]: See: The official website of the Syrian Future Movement.
[^12]: See: Ibn Ashur, Maqasid al-Shari’a, pp. 110-112. [^13]: See: The Syrian Future Movement, “Shura-cracy”.
[^14]: See: Al-Alwani, On the Jurisprudence of Priorities, pp. 90-95.
