The objective rule (legitimate remedies to bring benefits and deterrents to ward off harm)

Abstract

        This research explores and establishes the foundational objective rule in Islamic Jurisprudence (Maqasid al-Sharia): "Legitimate remedies are enacted to secure benefits, and deterrents are prescribed to ward off harm". The researcher elucidates the significance of the science of Sharia objectives in preserving the Five Necessities (al-Dharuriyyat al-Khams) and meticulously balancing benefits (Masalih) and harms (Mafasid). The study provides a comprehensive exposition of the concept of "Jawabir" (remedies/reparations), which are legislated to recover forfeited benefits and are undertaken by the accountable individual (Mukallaf) themselves, whether their omission was intentional, erroneous, or due to forgetfulness. Conversely, "Zawajir" (deterrents/preventatives) are defined as impediments and penal sanctions instituted to avert anticipated harms; these are predominantly imposed upon transgressors for deterrence and are administered by leaders or authorities (Wali al-Amr).

Furthermore, the research outlines four fundamental distinctions between remedies and deterrents, substantiating them with detailed evidence from the Holy Quran and the Prophetic Sunnah. It addresses closely related jurisprudential maxims, such as the principle that "averting harm takes precedence over acquiring benefits," and the rule of "prioritizing public interest over private interest," alongside an explanation of their corresponding legal proofs. The paper concludes by presenting the practical application of this rule; it cites examples of remedies such as performing Tayammum (dry ablution) in the absence of water, the prostration of forgetfulness (Sujud al-Sahw) for additions, omissions, or doubt during prayer, and expiations for committing prohibited acts during Hajj. Similarly, it highlights applications of deterrents, including the execution of retribution (Qisas) and the prescribed punishments (Hudud) for adultery, false accusation of fornication (Qadhf), and theft. The study ultimately concludes that the implementation of these legislations and boundaries fundamentally aims to repel harm, reform individuals, and purify society from sins and transgressions.