Money is one of the necessities of life and is indispensable to anyone in establishing his life, fixing his livelihood and fulfilling his needs, and then the Qur’an and Sunnah paid special attention to it.
It is noticeable that most of the legal texts in which money is mentioned are associated with either souls or children, which indicates that its status is similar to their status in the Sharia.
And Abd al-Karim al-Khatib believes that the follower of all the verses that combine money and the soul, or money and the child, gave money in it first, except for one verse in which the soul was given precedence over money, and it is in His saying: {Indeed, God has bought from the believers their souls and their wealth that they will have Paradise} At-Tawbah: 111 .
And he concludes from this extrapolation that giving money precedence over the child and the soul is an explicit indication that money is in a position above the status of the soul and the child, because in his opinion, this preference that occurred in all the verses except one, must have an intention to the meaning that is intended from that preference, which is preference. Otherwise, the verses would not have adhered to this commitment, which is almost insistent, and he goes on to prove the validity of his opinion, so he says: (The verse in which the soul is given priority and the last of the money is but another witness that the money takes precedence over the soul as well. The way of God, then there is giving and sacrifice, and the soul has been offered first, then the money has come second, and it is known that in the field of sacrifice, a person makes the last of what he offers the dearest thing to him).
As for the saying of the grammarians that the waw does not benefit in an arrangement or a commentary, and therefore money does not mean that it takes precedence over the soul and the child, he believes that this is an issue that should not be discussed much.
Which seems to me to be a point of view:
A- The word of the scholars in the field of legal purposes has agreed to prioritize preserving the whole soul and all progeny over preserving money.
B- Money was created for human interests and benefits so that its luxury and bliss in this existence would be able to carry out the functions of costs and burdens of worship, and what was the reason for its existence cannot be better than a person’s soul or his offspring, and by that I mean the son, because preserving his offspring is related to preserving Himself, Al-Amidi said: (… As for the consideration of preserving the lineage, it is because the preservation of the lineage was intended for the sake of preserving the child, so that he would not remain lost without a tutor for him. Its survival is not required for its own sake and for itself, but rather for the soul to remain in luxury and grace until it comes with the functions of costs and burdens of worship).
C- What confirms the preference of self over money is: If a person killed a person deliberately, then he deserved retaliation for that, but the guardian of blood waived his right to retaliation in exchange for blood money, except that the killer refused to pay the blood money. Ibn Rushd said: (And Malik went to coerce the killer to pay The blood money is in return for pardoning the blood, because preserving his life takes precedence over preserving his money, and he has no benefit in his money if he is killed.
D- What indicates that a son is preferred over money is the Sharia’s request for a person to take care of his son and maintain him before taking care of money and protecting it, as the Almighty said: {And do not force your daughters into prostitution if they desire chastity, in order to seek the goods of worldly life} Al-Nur: 33, so this verse indicates the prohibition Adultery is a way to earn money, because the first is related to offspring, and preserving it takes precedence over preserving money, so this work must be prohibited.
E- What indicates that souls take precedence over money is the Shariah’s recognition that hudud ward off suspicions as much as the guardian can do so, and among the hudud is the hudud of theft, which was prescribed to preserve money, and to ward it off from the thief for the slightest suspicion is evidence that preserving himself takes precedence over preserving the money he is accused of stealing. Ibn Farhoun said: (If the witnesses testified about the theft, their testimony is not accepted in its entirety, and the judge must ask the two witnesses about the theft, what is it? How did he take it? And where did he get it from? It is not safe, and if they say: It is from what must be cut off and absent before he asked them, it is not cut off unless they are among the people of knowledge and their school of thought is the school of the ruler).
* Head of the Sharia Board of Al-Salam Bank Algeria
