The Sources of Rights

WHAT IS THE EXPEDIENCY?

From what has been mentioned above in short, we understand that legal laws can be evaluated on the basis of their being harmonious and in the same direction with actual virtues and vices. In other words it may be said that legal laws should be based on truth and justice and not subjected to capricious desires and tastes of peoples or groups of people. And should the truth follow their low desires, surely the heavens and the earth and all those who are therein would have perished...(23:71)

This has herby become clear that legal and value oriented matters are like symbols so bring out the combination of effect and impression which take place in the sphere of voluntary actions and social relations of human beings and indicates the direction of movement towards the objective of laws and the final target of value system. It also becomes known that the real duty of the lawmaker is to give thought to the different complex relationship between actions in relation to the legal objectives as well as to the objectives of morality and religion. He should declare necessary any work of any nature required to be undertaken in order to achieve these objectives and which are within the framework of legal and value oriented subjects. He is also required to prohibit any action of any nature which is contradictory to these objectives.

All said and done, the other question which arises is that what is the objective of real interest and sedition? Do these not finally turn to people’s gain or loss and liking and disliking? Is not the basic purpose of laws a matter of value which is to be fixed in accordance with the desire and the liking of people? It is then that social behavior, under the shadow of their desirability and the means to achieve the desired objectives, becomes legalized. In case the reply to these questions is positive, one has to accept it necessarily that laws and generally the value system and also subjects like right and justice do not have any existence independent of peoples wishes and desires.

A detailed reply to these questions is subject to discussions on matters like: essence of values, the relationship of values with reality, the specification of the object of laws and its relationship with the good and bad of the individual and the society and difference between interest and expediency as well as similar other things. Each of these needs a detailed discussion and all these cannot be included in this paper. We are, therefore, compelled to discuss each subject as much as essential and required. The same has also been the trend followed by us in the subjects dealt with so far.

The first point to be taken into consideration is that the value of voluntary works is different from the value of their aims and objectives. That is to say the worthiness of action which is considered in relation to morality and laws means the desirability of the means and tools but the worthiness of objectives means their intrinsic and original desirability. Also the necessity which is related to the performance of good and beneficial deeds is analogical necessity and meant to achieve the result as far as preferentiality and causality are concerned as against the necessity related to the object itself and specially the ultimate object which is the achievement of bliss and real perfection. It is also indicative of the truth that every human

being is personally desirous of his well being and perfection. This personal desirability is the basic motive required for the performance of any voluntary deed. Without in no voluntary action can be performed.

The next point is that though the essence of bliss is segregated from mans achievement of the greatest, most stable and highest joys, the achievement of pleasure does not necessarily lead to perfection. However, divine wisdom has created inclination for pleasures in human nature which are achieved by the fulfillment of his needs. The fulfillment of needs is essential for the continuation of the life of the individual and the mankind and also for the attainment of the means of perfection-basically speaking the achievement of perfection is considered as one of the spiritual needs of the human being. Hence, mans innate and natural instincts are in fact psychological incentives for a move towards the security of life and perfection. In this way, the achievement of ultimate perfection will be combined with perfect pleasure (the real bliss). They shall have therein what they desire. (25:16) And therein shall be what their souls yearn after anf (wherein) the eyes shall delight. (43:71) According to Holy Qur’an, bliss belongs to those who shall enter divine grace in the eternal world and awaited with eternal Paradise. And as to those who are made happy they shall be in the garden, abiding in it. (11:108)

Therefore, the meanings of true bliss and ultimate perfection are the same. Though there may not be any agreement or relationship between them.

The third point is that there is a reason for difference in determining the meaning of bliss and ultimate perfection and in identifying the path to achieve it. One such reason is the negligence of eternal life and differences in the efflorescence of the capabilities and rational growth. Here we cannot discuss this in great detail. However, the difference in peoples attachment for some specific pleasures or their preference of any joy over another cannot be considered as the reason for the non-existence of perfection or the absence of real inclination for certain desires. On the contrary, perfection is a philosophical essence which gets segregated for instance due to extremity of existence and its achievement brings pleasure and satisfaction. All that may lead man to ultimate perfection and eternal bliss, whatever the stages in between, shall be treated as possessing real good and value. Any of these actions which part of public relationship shall be considered as aimed at social which part of public relationship shall be considered as aimed at social welfare which is the objectives so close to laws. Consequently, just as eternal bliss and perfection are realistic and essence oriented and independent of propels or groups desires and capriciousness, the good and the corrupt which are also derived from the means to achieve this ultimate objective are real, essential and independent of desires and likings.