DiscussingAlkasb (gain) as an Origin
We may not attain a clear sight of (AlKasb ), for these titles which man gains are themselves begotten - and (AlAshaa'irah ) attributes begetting a deed to Allah the Sublime, i.e.: praying, pilgrimage means begetting these acts and gestures which when joined together get the title of prayer and pilgrimage. Other deeds like (fasting) which is achieved by not eating or drinking can actually be attained by forsaking these things that break fasting, (forsaking) is something that man does as much as the rest of the acts done by the senses.
(Al Sheikh AlBaqulany ) believes that man’s intention (AlNiah ) is the only thing that determines his responsibility for what he does. He claims that a certain act (deed) differs from one intention to another; killing if intended for aggression is a crime, but the same act with the intention (Niah ) of legal punishment (Quasas and Had) is a legislative duty, for which Allah the Sublime rewards man.
The act itself is from Allah, but the intention ofman which puts the act in a certain direction comes from man, thus reward and punishment do not concern the act itself, they rather concern man’s intention of killing.
We say, if this speech happens to be true, then intention itself is an act of the senses, and there is no difference between one deed and another; I do not know really why should we attribute the intention to man and not the deeditself? An act is an act whether it is done by the senses or by other faculties of man; and if we accept attributing the intention to man himself, we - on the same criterion and justification - ought to attribute to him every deed he commits whether it was done by means of his senses (prayer and pilgrimage) or by his inner faculties (like forsaking food and drinks in the intention of fasting).
Whatever the case might be we do not mean to simplify discussing a theological theory that engaged many Islamic scholastics exerting a lot of time and effort in this way. We only mean to get a sight of this subject. If the reader demands elaboration aboutit we refer him to theological encyclopedias like (Sharh AlMaquasid ) (Altaftazani ), and (Sharh AlMawaquif ) by (AlJurjany ).