The Possibility and Limits of Interpreting the Nass in the Basis of Wisdom

The Islamic jurists state that Hikmah means “the reason for the commandment” (maqasid al-Shari’a) or “the advantage intended with the commandment” (mesalih-il-ibad). There are two aspects of Hikmah for the commander and the commandant. In this context, the five essentials that Islam aims to safeguard, well-known as the term of “maqasid al-Shari’a” in literature can be formulated as “the protection of life, property, offspring, religion and mind”. In one respect, these principles constitute the Commander’s overall aim and involve the public welfare in another respect. They acknowledge that the practical area can be enlarged through Qiyas and pronounce that it will be made in accordance with the suitable quality for the command. These scholars typically describe the cause (illat) as “the meaning reasonably given to the intention of commandment”. The cause in Islam is, for example, traveling in the avoidance of fasting during Ramadan, purchase-sell contract for the transfer of ownership, or intentional manslaughter for the punishment of retaliation. The term of hikmah is used as the following meaning: a. The expedient case for the commandment (e.g. hardship in traveling, requirement for such a trade agreement, or loss of life in manslaughter) b. The intentional outcomes through the commandment, or the wilful interest to be protected (e.g. overcoming the hardship with permission of avoiding fast of Ramadan during travel, providing the interests and meeting the necessities of the contracting parties in rendering the exchange permissible (jaiz), or preventing loss of life by way of prohibiting wilful murder and punishing the murderer who has violated the cannon law. In this context the cause is answering the question asked to reveal the association and determination between the command and the action, while hikmah is the reply to what aim the Commander has got in establishing commandments. Consequently, it will be evidently more useful that the Islamic rules (nass) essential for Qiyas should not only be perceived with the cause but also interpreted within integrity of hikmah considering the reasons behind the rules. For example, the judgment of “the cause of illicitness is intoxication and any toxicants are illicit” has been made through Qiyas method from the verse of unlawfulness of alcoholic beverages, and to interpret it together with the phrases in the end of the verse and the following verse: “…The Shaitan only desires to cause enmity and hatred to spring in your midst by means of intoxicants and games of chance…”, the circumstances to incite hatred and