“Three hundred people were in a boat sailing on the sea. They realized that their safety was at risk, and the lives of the majority could only be saved by throwing 10 people overboard. Would it be morally right to kill 10 people in order to save 290?”
This case was presented by Imam al-Ghazali (450-505 A.H./ 1058-1111 A.D.) in his book on the principles of Islamic Jurisprudence called “al-Mustasfa Min ‘lm al-Usul.” (On Legal Theory Of Muslim Jurisprudence).
Unlike Europe at the time, were trial by ordeal was how Justice was established, in Islamic society the justification of moral and legal actions is not based on personal reflection, or personal desire or personal benefits one may derive. Contrast the example of the ship to what America considers a moral dilemma, that is, would you torture one person to save the lives of many, and we can see that Imam al Ghazali solved this matter nearly 1000 years ago.
The majority of Ullema (scholars) hold that the ahkam (Laws) of the Shari’ah contemplate certain objectives, and when they can be identified for a place or situation, it is our duty to pursue them and make an effort to implement them in order to fulfil the general objectives of the Lawgiver, Allah.
“Generally the Shari`ah is predicated on the benefits of the individual and that of the community, and its laws are designed so as to protect these benefits and facilitate improvement and perfection of the conditions of human life on earth. The Qur’an is expressive of this when it singles out the most important purpose of the Prophethood of Muhammad (peace be on him) in such terms as: “We have not sent you but as a mercy to the world” (21: 107). This can also be seen when the Qur’an characterises itself as “a healing to the ailment of the hearts, guidance and mercy for the believers” (10: 57).
“The two uppermost objectives of compassion (rahmah) and guidance (huda) in the foregoing verses are then substantiated by other provisions, in the Qur’an and the Sunnah that seek to establish justice, eliminate prejudice, and alleviate hardship.”
By setting up a just society man can then achieve what Allah ultimately wants, Ihsan, human perfection in order to know him better, to this end Allah revealed the Quran.
“The laws of the Qur’an and the Sunnah also seek to promote cooperation and mutual support within the family and the society at large. Justice itself is a manifestation of Allah’s mercy as well as an objective of the Shari’ah in its own right. Compassion (rahmah) is manifested in the realisation of benefit (maslahah) which the ‘Ulama’ have generally considered to be the all-pervasive value and objective of the Shari’ah and is to all intents and purposes synonymous with rahmah (mercy)”.
Islamic society would then be the umbrella underneath which man could have the peace in life, necessary to achieve the Objectives of Allah.
“Educating the individual (tahdhib al-fard) is another important objective of the Shari’ah so much so that it comes, in order of priority, even before justice and maslahah (peoples interests). For these are both socially-oriented values which acquire much of their meaning in the context of social relations, whereas tahdhib al-fard seeks to make every individual a trustworthy agent and carrier of the values of the Shari’ah, and it is through educating the individual that the Shari’ah seeks to realise most of its social objectives. The overall purpose of a great deal of laws and values of Shari’ah, especially in the spheres of ibadat (devotional matters) and moral teaching, is to train an individual who is mindful of the virtues of taqwa (mindful of Allah in his life) and becomes an agent of benefit to others”.
“The Qur’an is expressive, in numerous places and a variety of contexts, of the rationale, purpose and benefit of its laws so much so that its text becomes characteristically goal-oriented. This feature of the Qur’anic language is common to its laws on civil transactions (mu’amalat) as well as devotional matters (‘ibadat). Thus when the text expounds the rituals of wudu (ablution for prayer) it follows on to declare that “God does not intend to inflict hardship on you. He intends cleanliness for you and to accomplish his favour upon you” (5: 6). Then with regard to the prayer itself, it is declared that “truly salah obstructs promiscuity and evil” (29: 45).
“With reference to jihad (fighting in this context) the Qur’an similarly proclaims its purpose in such terms that “permission is granted to those who fight because they have been wronged” (22: 39). The purpose, in other words, of legalizing jihad is to fight injustice (zulm) and the purpose of salah is to attain spiritual purity and excellence, which is accomplished together with physical cleanliness through ablution before prayer. With reference to the law of just retaliation (qisas), the text similarly declares that “in Qisas there is life for you, o people of understanding” (2:179) (These Laws facilitate the continuation of Life after a murder or similar crime stunts it); and with regard to charity (zakah), the Qur’an validates it “so that wealth does not circulate only among the wealthy” (57:7). According to another text, the believers are under duty to lower their gaze in their encounter with members of the opposite sex, “for this will help you to attain greater purity” (24: 30)”.