'The Jurisprudence of Priorities' in Islam
Ts. Mohamad Nasir Mahmood
Senior Director of Industry Development And Audit Division at National Water Services Commission (SPAN)
‘Fiqh Awlawiyyat’ (The Jurisprudence of Priorities) by Sheikh Dr. Yusuf al-Qaradawi is a seminal work in Islamic jurisprudence that highlights the necessity of prioritizing certain religious, social, and ethical matters over others based on their significance, urgency, and context. This concept emphasizes practical application of Islamic teachings in a way that is relevant to contemporary issues. Al-Qaradawi provides a framework for understanding and applying priorities (awlawiyyat) in personal, communal, and societal spheres, rooted in the Quran and Sunnah.
Overview of the Book
The book discusses how the correct understanding of priorities is crucial for Muslims to achieve balance in their religious and worldly obligations. Al-Qaradawi argues that mismanagement of priorities often leads to neglect of essential duties, an overemphasis on trivial matters, or confusion in addressing challenges faced by individuals and communities. He divides priorities into categories, elaborating on the conditions for determining what takes precedence.
Core Principles of Fiqh Awlawiyyat
The principles of prioritization include:
Each of these principles serves as a guide for determining what is most critical in various contexts, whether in worship, governance, or personal decisions.
Conditions of Priority with Example Cases
1. Essential Over Complementary
Condition: When there is a conflict between a fundamental obligation (far?) and a complementary or voluntary act (nafl), the obligatory act takes precedence.
Example: A Muslim is about to perform a voluntary Sunnah prayer but realizes it is almost time for the obligatory congregational Friday prayer. In this case, joining the Friday prayer takes precedence over completing the Sunnah prayer because the obligatory act has higher priority in Islam.
Rationale: Obligatory acts are explicitly mandated by Allah and form the foundation of religious practice, whereas voluntary acts, though meritorious, are supplemental.
2. Community Interests Over Individual Interests
Condition: When an action benefits the broader community but may inconvenience an individual, the communal interest takes precedence.
Example: During a drought, a local mosque committee decides to allocate water resources to a communal well rather than for aesthetic purposes like maintaining the mosque garden. Although the garden beautifies the mosque, ensuring community access to drinking water is a more pressing need.
Rationale: The principle of maslahah (public interest) dictates that community welfare supersedes individual or aesthetic considerations, especially in critical situations.
3. Lasting Benefits Over Temporary Gains
Condition: Actions yielding enduring benefits are prioritized over those with fleeting or limited impact.
Example: A charitable organization must decide between funding a one-time food distribution program or establishing a vocational training center. The vocational center, which equips people with skills for lifelong employment, takes precedence because it provides enduring solutions to poverty.
Rationale: Islam encourages sustainable development and long-term benefits, aligning with the Quranic principle of istiqamah (steadfastness).
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4. Certainty Over Doubt
Condition: Decisions based on definitive knowledge or outcomes are preferred over speculative actions.
Example: A Muslim scholar is asked about a controversial issue and realizes that a definitive ruling exists in classical jurisprudence. Instead of indulging in speculative reasoning or trying to derive a new opinion without clear evidence, the scholar opts to rely on the established ruling.
Rationale: Certainty in Islamic jurisprudence (yaqeen) is considered a bedrock for sound decision-making, as conjecture (zann) often leads to error and confusion.
5. Preventing Harm Over Gaining Benefit
Condition: If there is a choice between preventing harm and achieving benefit, priority is given to avoiding harm, in accordance with the maxim, "Repelling harm takes precedence over procuring benefit."
Example: A developer plans to build a recreational facility in a flood-prone area. While the project could provide entertainment and economic benefits, constructing in such a location risks endangering lives during flooding. Hence, the project is relocated to a safer area, even at additional cost.
Rationale: The Prophet Muhammad (PBUH) emphasized the principle of la darar wa la dirar (no harm and no reciprocating harm), which prioritizes safety and well-being over potential gains.
6. Greater Harm Over Lesser Harm
Condition: When two harmful outcomes are unavoidable, the lesser harm is chosen to prevent greater damage.
Example: A government enacts temporary restrictions on public gatherings during a pandemic to curb the spread of disease. Although this limits individual freedoms, it is necessary to prevent widespread loss of life.
Rationale: Islamic jurisprudence recognizes that choosing the lesser of two evils (akhaf al-dararayn) is a pragmatic approach to minimize harm while fulfilling ethical obligations.
Relevance to Contemporary Issues
The principles of "Fiqh Awlawiyyat" are particularly relevant in addressing modern challenges such as resource management, social justice, and ethical dilemmas in technology and medicine. For example:
Criticisms and Considerations:
While Fiqh al-Awlawiyyat offers a valuable framework for ethical decision-making, some criticisms have been raised:
Despite these criticisms, Fiqh al-Awlawiyyat remains a valuable tool for Muslims to navigate the complexities of life and make choices that align with their values and beliefs. By prioritizing actions based on their importance and urgency, Muslims can strive to live a life of meaning, purpose, and service to God and humanity.
Conclusion
"Fiqh Awlawiyyat" by Sheikh Dr. Yusuf al-Qaradawi offers profound insights into prioritizing actions in accordance with Islamic principles. By focusing on essentials over complementary acts, community welfare, lasting benefits, certainty, and harm prevention, the book provides a timeless framework for decision-making. Through practical examples, it becomes evident that the application of these principles is not limited to religious practice but extends to broader societal and ethical concerns. As Muslims navigate complex modern realities, the jurisprudence of priorities serves as a guiding light for achieving balance and harmony.