On the Limitation and Openendedness of the Shari‘ah’s Necessary Universals

Abstract

The claim that the necessary universals (al-kullīyāt al-ḍarūrīyah) of the Shari‘ah are limited to five values (viz., religion, life, intellect, progeny, and property) is a subject of debate. Some scholars argue in favor of it, while others assert that this category should be open-ended. This argument started as early as the classical period and has, in the modern period, continued to elicit more divergent opinions. This study seeks to critically examine the viewpoints of various modern scholars/writers, especially those who oppose this limitation. It shall establish that these five values represent humanity’s basic needs perfectly. As such, other values that have been proposed can only be regarded either as means or as complements in relation to them.