The Pre-eminence of the Spiritual and Religious Interests
By: Ayatullah Muhammad Taqi Misbah Yazdi
If we were put in a situation wherein we have to choose between two options: that with economic progress our religion will receive a blow, or that we would advance in religion while our economy would be arbitrarily affected to some extent—which option will we choose?
We believe that the advancement of Islam also guarantees economic progress, but in a long-term program provided that it is implemented perfectly. Nonetheless, sometimes it is possible that in a short-term it would negatively affect the economic interests and put individuals in a difficult situation. Now, if the situation would be such, which one has preeminence over the other—religious interests or worldly interests? It is clear that the religious interests are preeminent, as it has been stated, thus:
äóÝúÓößó¡ Ïõæäó ãÇáóßó ÝóÞóÏøöãú ÈóáÇÁñ ÚõÑöÖó ÝóÇöäú
Ïöíäößó Ïõæäó äóÝúÓóßó æó ãÇáóßó ÝóÞóÏøöãú ÇáÈóáÇÁõ ÊóÌóÇæóÒó ÝóÇöäú 
If your life is in danger, sacrifice your property for your life. If the situation were such that you have to choose between life and property, you have to sacrifice your property for your life. If the situation were such that you have to choose between life and religion, between remaining alive in unbelief and being slain while having faith, you have to sacrifice your life and property for the religion.[6][20]
At this point, if man is killed, there is nothing wrong.
﴾!…ÇáúÍõÓúäóíóíúäö ÇöÍúÏóì ÇáÇø ÈöäÇ ÊóÑóÈøóõæúäó åóáú Þõáú!﴿
“Say: Can ye await for us aught save one of two good things (death or victory in Allah's way)?”[7][21]
What is wrong with a person who will be slain in the path of his religion? He will directly go to heaven. But if supposedly he would live having without religion for another hundred years, what is the benefit except that day by day his suffering will increase?
Thus, from the viewpoint of Islam, religious and spiritual interests are better than material interests. Therefore, apart from observing the spiritual interests, the law has to give priority to them.
The Natural Law School
From the foregoing discussions, the viewpoint of Islam regarding freedom and difference with the Western culture was clear, but owing to the reputation of the 1948 UN Universal Declaration of Human Rights, it is only proper for us to examine closer the substance of this declaration on freedom and to know its relation to Islam.
Anyone who is acquainted with the philosophy of law knows that one of the schools on the philosophy of law is the natural law school. Since time immemorial, from the time philosophy was conceived, some have engaged in this discussion.
Some philosophers of the ancient Greece believed that human beings have a right, which has been endowed by nature to them and no one can deny that right because human nature has warranted it for individuals.
On this account, they have arrived at some conclusions, which are themselves not harmonious with one another. It is at this juncture that one of the famous fallacies on the philosophy of law has emerged, which is known as the ‘naturalist’ fallacy. Some have said that man has multiple natures. For example, white man accordingly has a certain nature while black man has presumably a different one.
The blacks are assumed to be physically stronger while mentally weaker than the whites. Similar to this view has been quoted from Aristotle. (One should not make a mistake about it. I personally do not accept these views; I am just quoting them.) He says that since the blacks are physically stronger, the only work they are supposed to do is physical labor. Since the whites are mentally stronger, administrative jobs of the society must be entrusted to them.
In sum, some human beings have been created to render services to other human beings. As such, slavery is a natural law. As of the moment we prefer not to engage in the discussion of whether or not the nature of the blacks has such a standing. It is itself a lengthy discussion for which we will need more time.
In any case, the most rational, sensible and wholesome subject on the natural law ever been discussed throughout history is that if there were something called natural need of all human beings in general, then it must be met. Man must not be deprived of the general need of his nature. Up to this point, this subject is acceptable.
We also believe man must not be deprived of those natural needs of him, and naturally, of all human beings. Yet, the question is this: What is meant by this need? It is the nature of man to be in need of foodstuff; all human beings are in need of food. Therefore, no man must be deprived of eating food. He must not be deprived of speaking; that is, his tongue must not be cut off, or to let him take a medicine that would deprive him of speaking, or similar other acts. Nonetheless, it must be noted that they have particular aims in bringing out this kind of topics.
The Limit of Human Rights in the West
You know that in the recent period an issue called the (Universal) Declaration of Human Rights was brought up.
At the outset, this declaration was signed by the representatives of 46 states. Then, later on, other countries joined them by signing the same, and as a result, the declaration became a “universal” declaration. In this declaration, rights for man have been enumerated such as the freedom of expression,[8][22] freedom on the choice of residence,[9][23] freedom on the choice of occupation,[10][24] freedom on the choice of religion,[11][25] freedom on the choice of spouse,[12][26] and others.
Concerning this declaration, there were discussions raised by legal experts who were familiar with the philosophy of law (Muslim legal experts in particular). Among these discussions are the following: What is the philosophical foundation of the subjects you are discussing as the rights of human beings, regarding them as absolute and believing that no one should limit them? What arguments are there in their favor? Is there a specific bound and limit, or not?
Are these rights absolutely above the law, and that no law is authorized to set limit on these rights? Is there not any law permitted to determine the limit of the freedom of expression? Is there not any law permitted to impose limit on the freedom to choose one’s spouse? Is there any law allowed to state that you have no right to choose your residence beyond the established limit? Is there any law permitted to determine the specific bound of these rights?
When we say that such and such a subject is a natural right and natural need of man, does it mean that this right has no limit and bound? If there is a limit, who is the one determining its limit and bound. The truth of the matter is that as far as I know, most of the authors of the declaration themselves and those who have interpreted it have avoided giving succinct answers to these questions.
Finally, what is meant by saying that freedom is above the law? Are there freedoms, which no law has ever been authorized to impose limitation? Are we not supposed to ask, “What is the end point of this freedom”? Does freedom of expression mean that anybody can say whatever he wants to say?! We can observe that no country has ever granted such permission. In fact, every country is of the opinion that freedom of expression has limit and boundary. For example, insulting the personality of individuals is unacceptable in all parts of the globe.
The Emergence of Contradictions on the Limit of Freedom
The question on the limit and boundary of freedom and on who determines it has a general answer, and that is, once it is said that freedom is above the law and should not be limited, it is referring to the legitimate freedoms. Some have also said, “Legitimate and rational freedoms,” while others have also added other descriptions. In some paragraphs of the Human Rights Declaration the expression “moral’ exists, which focus on the observance of rights along with the moral standards.
These paragraphs more or less contain ambiguous concepts. It is obvious that what they meant by “legitimate” is not that a religious law such as that of Islam has prescribed it as such. It is true that linguistically speaking, the words mashru‘ [legitimate] and shari‘ah [religious law] have the same root. However, mashru‘ [legitimate] in the legal and political context means qanuni [legal] and that which is regarded by the government as authoritative and valid [mu‘tabar], and not that it is definitely religiously permissible.
This subject should not confuse some of the believers, and mistakenly supposed that when we say legitimate rights or legitimate freedoms, what we mean are those determined as such by the Islamic law. Instead, what are meant by “legitimate” are the legal [qanuni], and authoritative and valid [mu‘tabar] laws [huquq], while “illegitimate” [ghayr-e mashru‘] are affairs that are infringement on the rights of others.
But this question arises: Which are the legitimate and rational rights and which are the illegitimate and irrational ones? Who are supposed to determine them? There is no option but to give this reply: The law determines the details and limits related to freedom, and it is exactly here that the initial contradictions and inconsistencies can be detected.
On one hand, they are saying that these rights and freedoms are above the law and that no law is supposed to limit them. But when we inquire as to whether freedom is absolute or limited, they say that it is not absolute. Since they cannot offer a correct answer, they say that what they are referring to are the legitimate freedoms. We are asking, “What is meant by ‘legitimate’?”
They reply that “legitimate” is anything that the law has approved. It is this law that determines the limit of freedom. You are saying that these freedoms are above the law. In reply they would possibly say that all human beings and rational individuals know what is meant by legitimate and rational freedoms.
We will say to them that if all people and rational individuals know a certain subject, dispute concerning it is therefore inconsequential because we and all Muslims of the world who constitute a population of over a billion people of the world, are among the rational ones. And they can say that in Islam some forms of freedom have been recognized, and they acknowledge and accept some forms of freedoms and do not recognize some others. In the end, keeping in view of the knowledge and research that we have, this question has remained unanswered. The philosophers of law have no categorical answer as to what thing sets limits on freedoms.