The wisdom of legislation:

Ibn Faris (d. 395 AH) says under the root h-k-m: “The letters ha’, kaf and mim form a single root, whose meaning is restraint. Its first instance is judgement, which restrains injustice. The animal’s bridle is called hakamah because it restrains it; one says hakamtu al-dabbah and ahkamtuha. One also says hakamtu al-safih and ahkamtuhu when restraining a foolish person.

Jarir said:

O sons of Hanifah, restrain your fools; I fear for you lest I grow angry.

Wisdom follows the same pattern, because it restrains ignorance. You say hakkamtu fulanan tahkiman to mean that you restrained someone from what he wished to do.”[1]

This is the root from which “wisdom” is derived. The word occurs in many places in the Qur’an and the Sunnah and carries several meanings according to its use. In this study we intend the technical usage of legal theorists, who have defined wisdom as “the purpose of prescribing the ruling”.[2] It is “the actual inducement to prescribing the ruling”,[3] and may be expressed by the word “benefit”.[4] Its realisation is “the objective sought by prescribing the ruling, such as preserving lives and property through prescribing retaliation and amputation”.[5]

We thus understand that investigation into “the wisdom of religion” or “the wisdom of legislation” seeks knowledge of the intended reasons and causes for instituting legislation, and the ends that are meant to be reached and realised. This investigation may concern “religion” as a whole, as a comprehensive system, or its detailed rulings, whether in acts of worship or dealings between people.

[1] Mu‘jam Maqayis al-Lughah, edited by Abd al-Salam Harun, Dar al-Fikr, 1979 CE, 2/91.

[2] Al-Amidi, Al-Ihkam fi Usul al-Ahkam, edited by Abd al-Razzaq Afifi, al-Maktab al-Islami, Beirut, 3/203, 230.

[3] Al-Zarkashi (d. 794 AH), Al-Bahr al-Muhit, Dar al-Kutbi, 1414 AH, 8/210.

[4] Al-Razi (d. 606 AH), Al-Mahsul, edited by Taha al-Alwani, Mu’assasat al-Risalah, Beirut, 1418 AH, 5/446; al-Qarafi (d. 684 AH), Nafa’is al-Usul fi Sharh al-Mahsul, Maktabat al-Baz, 1416 AH, 9/3744; al-Isnawi (d. 772 AH), Nihayat al-Sul Sharh Minhaj al-Wusul, Dar al-Kutub al-Ilmiyyah, Beirut, 1420 AH, 1/389.

[5] Al-Tufi (d. 716 AH), Sharh Mukhtasar al-Rawdah, edited by Abd Allah ibn Abd al-Muhsin al-Turki, Mu’assasat al-Risalah, Beirut, 1407 AH, 3/386.