Al-Masalih Al-Mursalah and its Impact on Preserving the Major Objectives of Islamic Law: Traffic Law as a Model

 

Praise be to Allah, Lord of the Worlds. May peace and blessings be upon the noble Arab Hashemite Prophet, and upon his family, his good companions, and upon all those who call to his message until the Day of Judgment.

Islam is the law of Allah for all the worlds, and the enduring constitution until the Day of Judgment. The Wisdom of Allah, The Exalted, necessitated that He be the ultimate sovereign over all people, in every place and at all times. In order for this to be accomplished in the most complete manner and with the finest detail, The All-Gentle, The All-Aware Willed that the rulings and teachings of Islam be comprehensive in all aspects of life, sufficient to regulate the relationship of humankind with their Lord, The Mighty and Majestic, first and foremost, with themselves, and others. This last aspect is the cornerstone of human societies, for no gathering can be established except by what ensures the ease and smooth flow of its affairs within a clear and secure system.

Allah the Almighty has prescribed acts of worship as a divine system to organize the relationship between a person and their Lord. As for regulating the relationships among people, He has legislated transactions—both social and financial—within their Sharia-based guidelines. These apply to all aspects of life in which people interact, and their needs in these areas do not change over time, such as leasing, buying and selling, agency, and other similar dealings.

As for general worldly matters that all people deal with in their livelihoods, where needs may differ and are governed by people's customs, traditions, and the like, the Wise Lawgiver has laid down general frameworks for these. He has left it to the ruler to regulate their rulings according to laws and principles that suit each era and each environment. This is what is called Al-Masalih Al-Mursalah (unspecified public interests), which are interests for which there is no specific textual evidence in Islamic law supporting their consideration nor their annulment. Rather, they are left unspecified by the Lawgiver so that there can be room for juristic reasoning in them to achieve benefit. Regarding this, Imam Al-Shatibi says: "The compilation of the Quran became obligatory and a sound opinion in an event that had no precedent; there was no opposition to it, otherwise, it would necessitate that considering every event that did not occur in earlier times is an innovation, which is false by consensus. However, such consideration falls under the category of juristic reasoning that is consistent with the principles of Islamic law, even if there is no specific original text supporting it, and this is what is called Al-Masalih Al-Mursalah"[1].

Allah The Almighty has linked the happiness in both abodes (this life and The Hereafter) to obedience to all of that, whether it be divine legislation or human interpretations within their Sharia frameworks.

Moreover, to obligate those Islamically accountable to the necessity of obedience in all the aforementioned legislations, Allah The Almighty Said (What means): "O you who have believed, obey Allah and obey the Messenger and those in authority among you." [An-Nisa/59]. In addition, Al-Imam Al-Baydawi said: "O you who have believed, obey Allah and obey the Messenger and those in authority among you' - by them He means the leaders of the Muslims in the time of the Messenger, peace and blessings be upon him, and after him, and this includes the Caliphs, judges, and commanders of detachments. He commanded people to obey them after commanding them to justice, as a reminder that the obligation to obey them remains as long as they are upon the truth"[2].

Obedience to Allah, The Mighty and Majestic, is the pillar of religion and the foundation of submission. From it spring the two obediences mentioned in the preceding noble verse: obedience to Allah, The Mighty and Majestic, in what He has commanded and forbidden through following the laws of the Holy Quran, and obedience to the Prophet, peace and blessings be upon him, in what he has legislated and guided through the teachings of the purified Prophetic Sunna, and obedience to those in authority in what they establish of affairs and instructions that guarantee safety, security, and the orderly conduct of people's lives.

Herein lies a fatal flaw that many people fall into, as they believe that these man-made laws do not have the same binding force as divine laws, arguing that they are not from Allah, that they are man-made, and that adherence to them is not a religious obligation. This is a mistake, indeed a sin. Scholars have emphasized the obligation to obey those in authority in such matters. In this regard, Al-Imam Al-Nawawi said: "It is obligatory to obey the Imam in his commands and prohibitions as long as they do not contradict the ruling of Islamic law, whether he is just or tyrannical"[3].

Further, Al-Imam Ibn Qasim Al-'Ubadi said: "And it is apparent that what he prohibits is like what he commands [meaning: what the Imam commands], so it is forbidden to commit it even if it were permissible... obligation is directed towards the permissible when a general interest necessitates it"[4].

Violating such laws entails numerous harms, the most important of which are:

- Contradicting the command of Allah The Almighty, where He Says (What means): "O you who have believed, obey Allah and obey the Messenger and those in authority among you." [An-Nisa/59].

- Aggressing against and intimidating others; for how can a person feel secure regarding their life, wealth, and honor when laws are not adhered to? The Messenger of Allah, peace and blessings be upon him, said: "(There should be) no harm and no reciprocating harm" [Ibn Majah].

- The spread of chaos and corruption; because in the absence of law, the law of the jungle prevails. Islam has forbidden all forms of aggression against a Muslim, even in the moral aspect, and the Prophet, peace and blessings be upon him, says: "Every Muslim is sacred to another Muslim: his blood, his wealth, and his honor" [Moslim]. The word 'honor' includes all moral aspects.

Among the most important and beneficial laws that protect people's lives and wealth is traffic law. This is because it was established to preserve lives and properties and to ensure safety and security equally. In it is the preservation of life and the preservation of wealth, and these are two of the five major objectives of Islamic law. Violating this law negates these objectives. I say here that violating this law is disobedience to Allah The Almighty, because He, The Exalted, is The One Who commanded the preservation of life and wealth, and He, The Mighty and Majestic, is The One Who commanded obedience to those in authority, especially since this obedience entails a clear benefit. There is no wonder in this, for the consideration of public interests in Islam is an original source of legislation.

No one should underestimate any violation of traffic law, no matter how minor it may seem, for a small infraction can lead to dire consequences. How many lives have been lost due to a seemingly minor violation? There is a simple example of a violation that most people disregard, which is failing to yield the right of way. When committing this, the perpetrator is guilty of four Sharia prohibitions: violating traffic law, infringing upon the rights of others, intimidating others, and finally, selfishness and conceit.

What is even more astonishing and strange is a category of reckless drivers who are not content with merely violating the law themselves, but they also prevent others from adhering to it. If you want to abide by the law by, for example, leaving a safe distance between you and others, you see them change lanes incorrectly and dangerously to fill that gap between you and the car in front of you, as if the unspoken message is: "If you're not going to violate the law, then let me do it."

Among the disasters resulting from violating traffic law are traffic accidents, which act as a destructive force against the objectives of Islamic law in preserving life and wealth. This is since most accidents occur as a result of some violation. The calamity lies in those accidents that result in fatalities. Yes, we know that no driver intentionally kills anyone, but recklessness and violating laws can lead to such catastrophic outcomes. Therefore, it is incumbent and absolutely obligatory upon anyone driving a vehicle to adhere to traffic law. Any violation of it, no matter how small it was, is religiously forbidden and entails sin. Underestimating this is disastrous. Since, we have a lesson in The Saying of Allah The Almighty (What means): "Whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely." [Al-Ma'idah/32].

Undoubtedly, the responsibility borne by the driver in traffic accidents varies. Negligence is not only born at the moment of the accident but can also stem from a failure to maintain the vehicle or from a defect that the driver disregarded and which then escalated. Whoever is involved in an accident without any negligence whatsoever bears no sin but is obligated to bear the financial consequences, because sin is different from liability. He is religiously accountable for his action even if it was a pure mistake, but without sin. However, in the case of negligence, the degree of sin varies according to the severity of the accident and the extent of the driver's recklessness. Therefore, a death resulting from violating the law and the driver's recklessness cannot be described as unintentional killing.

Here, we recall the words of His Eminence Sheikh Nuh Al-Qudah, may Allah have mercy upon him-regarding the ruling on adhering to the instructions of traffic law-where he said: "These conditions were not established out of a desire to dominate people and restrict the freedoms of others, but rather they are, in reality, conditions agreed upon by experts who deem them necessary for the safety of those who drive vehicles on public roads."

Based on this, whoever violates these instructions is sinful, whether they cause harm to themselves or others, or even if they do not. This is because merely exposing oneself or others to danger is a sin for which a person will be held accountable before Allah, and the authorities must also hold them accountable for it.

We ask Allah, The Almighty and Majestic, to guide us to the noblest of morals, to rectify our affairs, and to perpetuate faith and security upon us.

Our final supplication is that All Perfect Praise is due to Allah, The Lord of The Worlds.

 

[1] - Al-Muwafaqat (3/41).

[2] - Tafsir Al-Baydawi (2/80).

[3] - Rawdat Al-Talibin wa 'Umdat Al-Muftin (10/47).

[4] - Tuhfat Al-Muhtaj fi Sharh Al-Minhaj wa Hawashi Al-Shirwani wa Al-'Abbadi (3/70).