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 herby 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 in 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 anf (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. Any of these actions which part of public relationship shall be considered as aimed at social which part of public relationship shall be considered as aimed at social welfare which is the objectives so close to laws. 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 times 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 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 that 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 of 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.
However. 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 f 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.
