ভূমিকা

Shiavault - a Vault of Shia Islamic Books Fixed and Variable Aspects of Islamic Legislation Legislation Between Subjective and Objective Unity of Criteria Being conversant with the meaning of 'criteria' (milak), it is beneficial to point out that a lot of issues have a combined criterion although religious law is represented only by some of these issues under a specific topic and a given title.

In this case, is it possible to consider the criterion as basis for expanding the area covered by this law, by encompassing other situations of the same criterion but unspecified by the lawmaker, or not? Studies by jurists and legal experts have answered this question in the affirmative.

They consider unity of criteria as an acceptable basis for similar application of the law just as they regard a joint cause `illah', that is mentioned in the text, a foundation for including other conditions sharing the same cause. A clear example of this can be seen in the letter of Imam Ali (a.s.) to Malik al-Ashtar where he declared that the criteria for forbidding the hoarding of foodstuffs is the need for it, or that hoarding will cause distress or harm to people's lives.

The Imam elucidated on the reason for prohibiting such practice, saying: "Behold - along with this - that most of them are very narrow minded and awfully avaricious. They hoard goods for profit and fix high prices for goods. This is a source of harm to the people and a blot on the officers in charge.

Stop (people) hoarding because the Holy Prophet (s.a.w.) has prohibited it." Based on the principle of the unity of criteria, the jurist declared that the hoarding of items, whose hoarding will result need or harm or distress, unlawful, although the narrations `hadith' on the prohibition of hoarding mentioned foodstuffs only.

Since the criterion for prohibition was that the people stood in need of the foodstuffs or would be inflicted with harm as a result of hoarding, and also, since need, distress or harm is regarded as the criterion for that legislation, so, whenever it is present in respect to goods, benefits and services, prohibition comes up for discussion.

Instances of Changes In Rules As A Result of Changes In Criteria While studying the laws, whose essence revolve round the issue of criteria, we encounter legislative terms established by the Glorious Lawmaker in consistence with the principles of knowledge, justice and wisdom.