Reconciliation of the Fundamentals of Islamic Law: Al-Muwafaqat fi Usul al-Shari’a, Volume II

351 Pages·2015·7.205 MB·English

by  Ibrahim Ibn Al-Shatibi, Imran Ahsan Khan Nyazee

The Great
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in 2005. He then worked as ConsBuildtāanyat tf or I n n Islamic jurisprudence, for it was for the
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he is occupied with research as Chairman, than the , and substantial research
ATdhvea Rnecevdie Lweegral Studies Institute, Islamabad. is needed to unravel its full contribution.
The author describes the contents of his
book as follows:
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Lifetime Achievement Award from the ī
Islamic Studies parts: the fundamental concepts of the
AATA. He is currently consultant to Center
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for Muslim Contribution to Civilization and
is related to them; the legal purposes
Coordinator of its Great Books of Islamic
of thaed illa and the related to
Civilization translation project.
tijhtiehmād; the cotamqplīrdehensive treatment of
Al-Muwāfaqāt fī Usūl al-Sharī a the (evidences); and the rules of
and .
Translated by Professor Imran Ahsan Khan Nyazee sharī∏a
The present volume covers the third part,
© Reviewed by Professor Raji M. Rammuny
dealing with the purposes of the .
www.garnetpublishing.co.uk
Mu ammad bin Hamad Al-Thani Center for Muslim Contribution to Civilization
in Association with Garnet Publishing
Reconciliation Vol II cover FINAL.indd 1 11/12/2013 09:56
The Reconciliation of the
Fundamentals of Islamic Law
Volume II
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Reconciliation vol 2 prelims.indd 2 29/11/2013 12:14
Mu©ammad bin Hamad Al-Thani Center
for Muslim Contribution to Civilization
Faculty of Islamic Studies
Qatar Foundation for Education,
Science and Community Development
The Reconciliation of
the Fundamentals
of Islamic Law
Volume II
Al-Muwa¯faqa¯t f¯ı Usu¯l al-Shar¯ı∏a
Ibra¯h¯ım ibn Mu¯ sa¯ Abu¯ Ish. a¯q al-Sha¯.tib¯ı
Translated by Professor Imran Ahsan Khan Nyazee
Reviewed by Professor Raji M. Rammuny
(cid:31)
a r n e t
P U B L I S H I N G
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The ReconciliaTion of The fundamenTals of islamic law
Volume ii
Published by
Garnet Publishing Limited
8 Southern Court
South Street
Reading
RG1 4QS
UK
www.garnetpublishing.co.uk
Copyright © 2014 Mu©ammad bin Hamad Al-Thani Center
for Muslim Contribution to Civilization
All rights reserved.
No part of this book may be reproduced in any form or by
any electronic or mechanical means, including information
storage and retrieval systems, without permission in writing
from the publisher, except by a reviewer who may quote
brief passages in a review.
First Edition
ISBN: 9781859643730
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Typeset by Samantha Barden
Jacket design by Garnet Publishing
Printed and bound in Lebanon by International Press:
[email protected]
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conTenTs
Foreword xi
About this Series xiii
The Book of maq£™id
(PuRPoses of The shaR~∏a)
Introduction 3
PaRT i
The PuRPoses of The lawgiVeR
1 The First Category: The Intention of the Lawgiver in Laying down 9
the Shar#∏a
The First Issue: Legal Obligations and Their Underlying Purposes 9
The Second Issue: Matters Supplementing the Three Higher Categories 11
The Third Issue: The Completion and the Original Principle 12
The Fourth Issue: The Necessary Purposes and Their Disturbance 13
Elaboration of the First Point 14
Elaboration of the Second Point 15
Elaboration of the Third Point 16
Elaboration of the Fourth Point 17
Elaboration of the Fifth Point 20
The Fifth Issue: Worldly Interests and Injuries 20
The First Examination 21
The Second Examination 21
Sub-Issue: Unusual Circumstances 24
The Sixth Issue: Interests and Injuries Pertaining to the Hereafter 26
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vi THE RECONCILIATION OF THE FUNDAMENTALS OF ISLAMIC LAW
The Seventh Issue: The Intention Underlying Legislation to Secure Interests 29
The Eighth Issue: Worldly Interests are Acknowledged from the 30
Perspective of the Hereafter
Sub-Issue: Resulting Rules 31
The Ninth Issue: The Supporting Evidences of Fundamental Principles 35
Are Definitive
The Tenth Issue: The Conflict between Subservient Interests Is Not Effective 38
The Eleventh Issue: The Purposes of the Shar#∏a Are Absolute and General 39
The Twelfth Issue: The Infallibility of the Shar#∏a? 41
The Thirteenth Issue: Preservation of the Fundamental Established 44
General Principles
2 The Second Category: The Aims of the Lawgiver in Laying down 51
the Shar#∏a for Comprehension by the Subject
The First Issue: The Revelation of the Qurπ\n in Arabic 51
The Second Issue: Interpretation of Arabic Text 53
Sub-Issue: Difficulty in Translating the Qurπ\n 54
Sub-Issue: The Second Mode of Expression is Like an Attribute 54
of the First
The Third Issue: The Unlettered Umma 55
Sub-Issue: Arab Sciences 56
The Fourth Issue: Basic Assumptions 61
Sub-Issue: Attributing Knowledge of the Sciences to the Qurπ\n 61
Sub-Issue: Following the Usual Meanings 62
Sub-Issue: Adopting the Understanding of the Majority 64
Sub-Issue: The Intended Meanings 66
Sub-Issue: Legal Obligations Are Meaningful to the Masses 67
The Fifth Issue: The Implied Meanings in the Texts 72
Sub-Issue: Additional Implied Meanings 77
3 The Third Category: The Intention of the Lawgiver Underlying 87
Legal Obligations
The First Issue: Obligations and the Capacity of the Subject 87
The Second Issue: Obligation to Do the Impossible 87
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CONTENTS vii
The Third Issue: Visible and Concealed Attributes 88
Sub-Issue: Affirming or Negating Concealed Attributes 89
The Fourth Issue: Instincts and Related Acts 90
Sub-Issue: Love and Hate Related to Acts 91
The Fifth Issue: Forms of Hardship 94
The Sixth Issue: Hardship That Is above the Normal 96
The Seventh Issue: The Aims of Obligation 97
Sub-Issue: Intending Hardship in Acts 100
Sub-Issue: The Subject Is Not to Opt for Hardship 103
Sub-Issue: Removal of Injury 105
Sub-Issue: Fear of Missing Performance 110
Sub-Issue: Unintended Hardship 114
Sub-Issue: Hardship Arising from External Factors 115
The Eighth Issue: The Aim of the Shar#∏a in Releasing the Subject 117
from the Control of his Whims
The Ninth Issue: Goals of the Here and the Hereafter 117
The Tenth Issue: General and Specific Hardship 118
The Eleventh Issue: Normal Hardship 118
Sub-Issue: General and Specific Injury 121
The Twelfth Issue: The Aims of the Shar#∏a in Creating Obligations 123
Sub-Issue: Maintaining a Balance in Obligations 127
4 The Fourth Category: The Intention of the Lawgiver in Bringing 135
the Subject within the Fold of the Rules of the Shar#∏a
The First Issue: The Goal of the Shar#∏a Is to Bring the Subject out 135
of the Compulsions of His Desire
Sub-Issue: Nullity of Acts Based on Pure Desire 138
Sub-Issue: Pursuit of Desire a Means towards a Blameworthy Act 140
Sub-Issue: Pursuit of Desire in the Compliance of Legal Rules 141
The Second Issue: The Different Types of Purposes 141
The Third Issue: Types of Necessities 144
Sub-Issue: Aim of the Primary Interest Is the Benefit of the Individual 146
Sub-Issue: Acts of Three Types for Communal Interest 147
The Fourth Issue: The Pure Benefit of the Subject 148
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viii THE RECONCILIATION OF THE FUNDAMENTALS OF ISLAMIC LAW
The Fifth Issue: Securing the Essential Interests 154
Sub-Issue: Worship 158
Sub-Issue: Building upon the Primary Purposes 159
Sub-Issue: Adopting the Primary Intention in All Its Purity 160
Sub-Issue: Complete Obedience and Reward 161
Sub-Issue: Obligations Based on Primary Purposes 162
The Sixth Issue: Securing the Secondary Interests 162
Sub-Issue: Temporal and Other Interests 169
Sub-Issue: Acts Related to Practices 172
Sub-Issue: Intention Contrary to the Intention of the Lawgiver Is a Nullity 176
The Seventh Issue: Acts That Can Be Delegated 177
Sub-Issue: Gifting Away Spiritual Rewards 185
The Eighth Issue: Persistence in Acts 187
Sub-Issue: Imposing Hardship 188
The Ninth Issue: The Shar#∏a Consists of General Rules 188
Sub-Issue: Benefits of this Principle 190
The Tenth Issue: Rules and Obligations General for all Subjects 192
Sub-Issue: Conclusive Presumptions Derived from the Principle 198
Sub-Issue: Examining Miracles 200
Sub-Issue: Acting on the Basis of Miracles 201
The Eleventh Issue: Acts Demolishing the Rules of the Shar#∏a 203
Sub-Issue: Permissible Acts 208
The Twelfth Issue: Rules General for Both Worlds 209
Sub-Issue: Supernatural Acts to Be Verified through the Shar#∏a 212
The Thirteenth Issue: Recurring Habits 213
The Fourteenth Issue: Recurring Practices 216
Sub-Issue: Difference in Rules for Recurring Practices 217
The Fifteenth Issue: Recurring Practices and Necessity 218
Sub-Issue: Disruption in Recurring Practices 219
Sub-Issue: Things Not in the Category of the Ordinary 222
The Sixteenth Issue: Types of Recurring Practice 226
The Seventeenth Issue: Obedience and Disobedience Linked to Interests 227
The Eighteenth Issue: Basis of Worship Is Ritual Obedience 228
Sub-Issue: The Basis in Human Practices Is to Turn to 231
Underlying Meanings
Sub-Issue: Ritual Obedience in Human Practices 232
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CONTENTS ix
The Nineteenth Issue: Matters of Ritual Obedience Cannot Be Extended 234
Sub-Issue: Implications of the Previous Principle 238
Sub-Issue: Rights of All\h and Rights of the Individual 239
The Twentieth Issue: The Blessings of All\h 241
PaRT ii
The PuRPoses of The suBjecT
5 The Intention of the Subject in Meeting Obligations 255
The First Issue: Acts Are Determined by Intentions 255
The Second Issue: Intention Conforming to the Intention of the Lawgiver 259
Sub-Issue: Intentions and Causes 260
The Third Issue: Going against the Intention of the Lawgiver and 261
against Shar#∏a
The Fourth Issue: Compatible and Incompatible Intentions and Acts 264
The Fifth Issue: Interests Causing Injury to Another 271
The Sixth Issue: Securing of Interests for Others 283
The Seventh Issue: Ability to Secure Interests 284
Sub-Issue: The Maintenance of an Individual from the Bayt al-M\l 285
Sub-Issue: Causing Injury to One’s Self 286
Sub-Issue: Repelling Injury with Accompanying Utility 289
The Eighth Issue: When Interests Are Known 290
The Ninth Issue: Absence of Choice in the Case of the Right of All\h 291
The Tenth Issue: The Meaning of ∂iyal (Legal Fictions) 294
The Eleventh Issue: Legal Fictions Are Unlawful 295
The Twelfth Issue: Acts Considered in the Light of the Ma§\li© 298
Sub-Issue: Three Kinds of Legal Fiction 300
Sub-Issue: Concluding the Book of Maq\§id 303
Sub-Issue: Secondary Purposes in Acts 310
Glossary of Terms 327
Index 333
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