Imam al-Shatibi : Theory of the Higher Objectives and Intents of Islamic Law

480 Pages·2005·3.05 MB·English

by  Ahmad al-Raysuni

imam al-shatibi’s
Theory of the Higher Objectives
and Intents of Islamic Law
ahmad al-raysuni
The International institute of Islamic Thought
Imam al-Sh¥~ibÏ’s Theory of the
Higher Objectives and Intents
of Islamic Law

imam al-shatibi’s
Theory of the Higher Objectives
and Intents of Islamic Law
dr. ahmad al-raysuni
d
With an Introduction by
dr. taha jabir al-alwani
Translated from the Arabic by
nancy roberts
the international institute of islamic thought
london w a s h i n g t o n

©The International Institute of Islamic Thought,1 4 2 6 ah/ 2 0 0 5 c e
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ahmad al-raysuni
The author holds a doctorate in Islamic Studies from Muhammad al-Khamis University, Rabat,
Morocco. He has worked at the Ministry of Justice, is the editor of al-Tajdid newspaper, and a mem-
ber of Jam¢iyat al-¢Ulama (the Association of Muslim Scholars) in Morocco. Professor Raysuni has
written a number of books and papers on al-Maq¥|id in Arabic some of which have been translated
into other languages. He currently teaches U|‰l al-Fiqh and Maq¥|id al-Shari¢ah at the College of
Arts and Humanities, University of Muhammad al-Khamis.
c o n t e n t s
page
Foreword ix
Introduction xi
Author’s Preface xxi
1 the notion of higher objectives prior to al-shatibi 1
Section One
The Notion of ‘Higher Objectives’ as Treated by the U|‰liyy‰n 3
Earlier Links 4
Section Two
The Notion of Higher Objectives in the Malikite School 38
Fundamentals of the Malikite School and the Objectives
of Islamic Law 45
1) Unrestricted interests 45
2)Sadd al-Dhar¥’i¢, (the prohibition of evasive legal devices) 56
3) Consideration for the Objectives of those Governed
by the Law 64
2 al-shatibi and his theory 73
Section One
Introduction to al-Sh¥~ibÏ 73
1) A Brief Biological Sketch of al-Sh¥~ibÏ 74
2) Al-Sh¥~ibÏ Speaks about Himself 80
3) Al-Sh¥~ibÏ’s Correspondences 89
Section Two
A Presentation of the Theory 106
Occasion-Based Analysis of Islamic Law (Ta¢lÏl al-Shari¢ah) 106
Al-Sh¥~ibÏ’s Categorisation of the Higher Objectives 107
Category 1: The Higher Objectives of the Lawgiver 108
Category 2: Human Objectives 128
The Book’s Conclusion: How May the Lawgiver’s
Intents be Known? 134
Section Three
Dimensions of the Theory 136
1) The Five ‘Essentials’ 137
2) Questions Relating to that which is
Permitted (al-Mub¥^) 147
3) Causes and Effects 158
3 fundamental issues in al-shatibi’s theory 169
Section One
The Question of Ta¢lÏl* 169
Legal Rulings between Ta¢lÏl and Ta¢abbud 170
Those who Reject the Practice of Ta¢lÏl 188
Al-R¥zÏ’s Stance on Ta¢lÏl 197
Ibn ¤azm and Ta¢lÏl 205
Section Two
Sources of Benefit and Harm 222
The Concepts of Benefit and Harm 223
Identifying Interests Through Human Reason 231
The Areas in which Reason May be Used to Assess Interests 250
1) Interest-Based Textual Interpretation 250
2) Assessment of Changing and Conflicting Interests 257
3) Assessment of Unrestricted Interests 262
Section Three
By What Means May the Lawgiver’s Objectives/Intents
be Known? 265
1) Understanding Objectives in Light of the Requirements
of the Arabic Language 265
2) Legal commands and Prohibitions: Between Ta¢lÏl
and Literalism 268
3) Primary and Secondary Objectives of the Law 270
4) Silence on the Part of the Lawgiver 278
5) Induction 280
The Importance of Induction in al-Sh¥~ibÏ’s View 281
Induction and the Objectives of the Law 282
4 overall evaluation of al-shatibi’s theory 289
Section One
Al-Sh¥~ibÏ’s Theory between Imitation and Originality 289
Traditional Elements of al-Sh¥~ibÏ’s Theory 289
Al-Sh¥~ibÏ’s Debt to the U|‰liyy‰n 290
Al-Sh¥~ibÏ’s Debt to the Malikite School 295
Innovative Aspects of al-Sh¥~ibÏ’s Theory 307
1) The Great Expansion 311
2) Human Objectives 314
3) By What Means May the Lawgiver’s Higher
Objectives be Known? 315
4) A Wealth of Principles 316
Maq¥|id-Related Principles 317
Section Two
Higher Objectives / Intents and Ijtihad 323
Objectives and the Prerequisites for the Practice of Ijtihad 326
Approaches to Maq¥|id-Based Ijtihad 336
1) Texts and Rulings are Inseparable from their Objectives 337
2) Combining Universal Principles and Evidence Applicable
to Particular Cases 346
3) Achieving Benefit and Preventing Harm 352
4) Consideration of Outcomes 358
5 Conclusion
Horizons for Further Research into Maq¥|id al-Shari¢ah 363
Notes 367
Bibliography 410
Glossary of Terms 421
General Index 426
f o r e w o r d
Of knowledge, we have none, save what
You have taught us. (The Qur’an 2:32)
The International Institute of Islamic Thought (IIIT) has great plea-
sure in presenting this scholarly work on the topic of maq¥|id al-
Shari¢ah(the higher objectives and intents of Islamic Law). The author,
Dr. Ahmad Raysuni, is a well-known scholar and specialist in the field.
The Arabic edition of his work, entitled, Nazariyat al-Maqasid, was
originally published by the Institute in 1991, and marked the first in a
series of studies produced by the IIIT on this important subject. This is
a work of serious and careful scholarship and we hope that this English
edition, with its important analysis and ideas, will not only make an
important contribution to the field of maq¥|id al-Shari¢ah, but also
attract wider attention and generate greater interest among readers.
Since few works, if any, are available in the English language on this
important subject, al-maq¥|id, the IIIT decided to fill the vaccum by
initiating the translation and publication of a series of books on the
subject to introduce this important area of thought to English readers.
In addition to this particular volume the series so far includes: Maq¥|id
al-Shari¢ahby Muhammad al-Tahir ibn Ashur, and Taf¢il Maq¥|id al-
Shari¢ah by Jamal Attiyah. Although the topic is a complex and inte-
llectually challenging one, it needs to be emphasized that these books
are not for specialists, scholars and intellectuals alone, but works that
also provide very interesting and useful reading for the general reader.
Knowledge of al-Maq¥|id is a prerequisite for any attempt to address
and resolve contemporary issues challenging Islamic thought. Indeed
such knowledge can help in the process of developing a much needed