(Series of Answers by the Great Scholar Ata Bin Khalil Abu al-Rashtah, Amir of Hizb ut-Tahrir, to the Questions of the Visitors of his Facebook Page "Fiqhi")
Answer to Question:
To Abu Qusay
Question:
Assalamu Alaikum Sheikh, may Allah prolong your life until you see the victory achieved, by the will of Allah...
I have a question regarding the difference between Good and Evil (Al-Khayr and Ash-Shar) and Praiseworthiness and Blameworthiness (Al-Husn and Al-Qub-h)? When this topic is discussed, the answers of the shabab vary on the matter. Please clarify the difference between these two subjects for us, and may Allah bless you.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
A- Al-Husn and Al-Qub-h, and Al-Khayr and Ash-Shar are technical terms among the scholars of Usul al-Fiqh (principles of jurisprudence). Thus, their meanings should be understood as they were defined and used by them, and not according to their linguistic meanings. That is, to know their meaning and the difference between them, you must take them from the scholars of Usul and not from linguists. Do not open a dictionary to search for the meaning of "beautiful" (hasan), "ugly" (qabih), "good" (khayr), and "evil" (shar) and say "this is it"; rather, you must research what the Usuliyyun (scholars of Usul) have established for them and then adopt that meaning.
B- The Usuliyyun researched the "Judge" (Al-Hakim), meaning who issues the judgment on actions—whether they are fard (obligatory), mandub (recommended), mubah (permissible), makruh (disliked), or haram (prohibited)—and on things—whether they are halal (lawful) or haram (unlawful). This refers to the command and prohibition related to them, i.e., in terms of praise and blame for them, and subsequently what results from that in terms of reward (muthubah) or punishment (uqubah).
This research, from this perspective, determines Al-Husn and Al-Qub-h for them. Whatever was in accordance with the commands of the Shar’ (Legislator), being praised and commanded, was Hasan (praiseworthy/good) and carries a reward. Whatever was in violation of the Shari'ah rulings, being blamed and prohibited, was Qabih (blameworthy/ugly) and carries a punishment. Therefore, Al-Husn and Al-Qub-h are mentioned when issuing a judgment on actions and things regarding what the Shari'ah ruling is, and regarding what follows from that in terms of praise or blame—meaning reward and punishment.
Accordingly, when researching theft, for example, from the perspective of issuing a judgment on it—that it is haram—and from the perspective of praise and blame and what follows from it (reward or punishment)—that it results in the cutting of the hand or the Hellfire—here we say theft is Qabih.
C- The Usuliyyun also researched the standard by which a person measures the harm of an action upon them or its benefit to them, and consequently the person's performance of the action or their refraining from it. If they measured a specific action against the Islamic standard they have accepted, and the result of the measurement was "benefit" according to the standard of Islam, they loved this action, performed it, and called it "Good" (Khayr). If the result of the measurement was "harm," they hated this action, refrained from it, and called it "Evil" (Shar).
Therefore, when researching theft, for example, from the perspective of the standard of Islam by which you measure its benefit or harm to you so that you proceed or refrain, what is used here is Al-Khayr and Ash-Shar.
Thus, you say theft is Shar (evil) because, by the standard of Islam, it is a harm, and consequently, you do not do it.
D- In this way, you call theft Qabih if the focus of the research is on issuing a judgment on it—meaning its prohibition—and regarding reward and punishment—meaning the cutting of the hand in this world or the Fire in the Hereafter.
And you call theft Shar if the focus of your research is the standard by which you measure benefit and harm. You measure it by the scale of Islam, and not by your personal interest or whim. You find it harmful, so you hate it and refrain from doing it, and you call it Shar.
E- Summary:
If the focus of the research is issuing a judgment on the action or thing and consequently what follows from it in terms of reward or punishment, then the description of Husn and Qub-h is what applies here.
If the focus of the research is the standard by which you measure the benefit and harm of the action, and consequently your love for it and proceeding with it, or your hatred for it and refraining from it, then the description of Khayr and Shar is what applies here.
Your brother, Ata Bin Khalil Abu al-Rashtah
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