"Motivation of the imperatives of Islamic law in preventing genocide "

Abstract

" When extrapolating the legal texts in all jurisprudential chapters, we find that they center around the five holistic objectives (preserving: religion, self, honor, mind, and money), and for the sake of which God Almighty legislated His provisions. Meditating on every chapter mentioned in it, we find the axis of preserving the human soul prominent, regardless of religion and race, and the slightest observer of it cannot ignore it, rather we find that it has permeated all rights: physical and psychological, taking into account personal freedom in all of that. Hence, through this research, I wanted to shed light on an important part and a major element in this field, which is the motivation () of these necessities in preserving the human soul; Because as it is known that most of the legal rulings, if not all of them are motives, not rulings. Therefore, we find her address to those responsible between encouragement and intimidation, and the first is more frequent in Sharia, and we found Imam Abu Ismail Al-Harawi (481 AH) pointed to the role of defect in the explanation of rulings that leads to the weakening of the value of the legal ruling, with the consequence of the disappearance of motivation, where he says, may God have mercy on him: (Exalting commands and prohibitions: is that they do not contradict with dry concessions, do not expose themselves to excessive stress, and do not lead to a reason for weakening submission) Manazel Al-Saereen, (p. 81). Understanding and observing them is more important than even the necessities themselves; Because what is the benefit of knowing it and demonstrating it from the Book and the Sunnah of the Prophet without knowing its work, how that work and its effect, and how to employ that influence, and this is what I will explain in these pages from the motive of the necessities to prevent the occurrence of genocide. "