The Reconciliation of the Fundamentals of Islamic Law, Volume I:: Al-Muwafaqat Fi Usul Al-Shari’a,

321 Pages·2012·5.48 MB·English

by  Ibrahim Ibn Al-Shatibi

The Great
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AATA. He is currently consultant to Center
disciplsihnaer; īt hae (arḥuklāems) and what
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. Islamic Studies ̜ tijhtiehmād; the cotamqplīrdehensive treatment of

AAll--MMuuwwāāffaaqqāātt ��īī UUssūūll aall--SShhaarrīī   a the (evidences); and the rules of
and .
Translated by Professor Imran Ahsan Khan Nyazee
The present volume deals with thseh a�irrīs ta
Reviewed by Professor Raji M. Rammuny
two parts. The translation of the third part,
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www.garnetpublishing.co.uk
dealing with the purposes of the , will
Muḥammad bin Hamad Al-Thani Center for Muslim Contribution to Civilization
be presented in the second volume.
in Association with Garnet Publishing
al-Muwafaqat.indd 1 14/07/2011 14:37:10
632 0 Reconciliation prelims:Prelims 05/01/2012 11:14 Page i
The Reconciliation of the
Fundamentals of Islamic Law
Volume I
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632 0 Reconciliation prelims:Prelims 05/01/2012 13:18 Page iii
Muhammad b. 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 I
Al-Muwa¯faqa¯t fı¯ Usu¯l al-Sharı¯∏a
Ibra¯h¯ım ibn Mu¯ sa¯ Abu¯ Ish. a¯q al-Sha¯.tib¯ı
Translated by Professor Imran Ahsan Nyazee
Reviewed by Professor Raji M. Rammuny
G
a r n e t
P U B L I S H I N G
632 0 Reconciliation copyright page PB_Prelims 20/01/2012 14:20 Page iv
THERECONCILIATIONOFTHEFUNDAMENTALSOFISLAMICLAW
VOLUMEI
Published by
Garnet Publishing Limited
8 Southern Court
South Street
Reading
RG1 4QS
UK
www.garnetpublishing.co.uk
Copyright ©2012 Muhammad 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.
Revised Edition
ISBN-13: 978-1-85964-280-1
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Typeset bySamantha Barden
Jacket design byGarnet Publishing
Printed and bound in Lebanon by International Press:
[email protected]
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CONTENTS
Foreword xi
About this Series xiii
Muhammad bin Hamad Al-Thani Center for Muslim Contribution xv
to Civilization: Founding Board of Trustees
Muhammad bin Hamad Al-Thani Center for Muslim Contribution xvi
to Civilization: Advisory Committee
Preface by the Editor of the Arabic Text xvii
Preface by the Author xxvii
Introduction by the Author: Preliminary Concepts 1
The first concept: ∏u§ßl al-fiqhare definitive 1
The second concept: the evidences relied upon in ∏u§ßl al-fiqhare definitive 3
The third concept: evidences and general principles based on induction 4
are definitive
Sub-concept: universal principles and ma§la©a mursala 7
Sub-concept:ijm\∏ is a definitive source 8
The fourth concept: the subject-matter of ∏u§ßl al-fiqh 8
Sub-concept: disagreements on issues not affecting fiqhare also not 9
part of this discipline
The fifth concept: an issue not related to conduct need not be taken up 10
in this discipline
The sixth concept: two ways of attaining required knowledge 17
The seventh concept: each shar∏#discipline is a means of obedience to Allah 19
Sub-concept: only the ignorant deny the merit of knowledge as 24
a whole (the primary and secondary purposes of knowledge)
The eighth concept: knowledge preferred by the lawgiver is one that leads 26
to sound conduct
Sub-concept: true knowledge is internal (pertains to the spirit) 32
The ninth concept: knowledge is of two types –essential and ancillary 33
The first type 33
The second type 34
Sub-concept: the first type is sometimes merged with the second type 40
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vi THE RECONCILIATION OF THE FUNDAMENTALS OF ISLAMIC LAW
The tenth concept: when transmitted and rational sources are combined 41
the transmitted are primary
First 41
Second 42
Third 42
The eleventh concept: knowledge acknowledged by the shar∏#a pertains 44
to conduct
The twelfth concept: the best way of acquiring knowledge is from experts 44
in the discipline
The traits and signs of a scholar 46
Sub-concept: methods of acquiring knowledge 47
The thirteenth concept: principles that are a guide for conduct 50
First 52
Second 53
PARTI
THEBOOKOFA∂K£M(LEGALRULES)
1 The First Category of Rules 77
The first issue: the mub\©requires neither commission nor omission of an act 77
The third objection to the claim in the first issue: the claim conflicts with 86
what is established about piety and the relinquishment of its pleasures
and temptations
The basis of the objection 86
The response to the objection 87
Sub-issue: evidences for not requiring commission of the permissible 88
The second issue: the mub\© in the wider sense includes all the other 92
categories of thea©k\m
First: enjoying the good things 92
Second: utilising what is lawful 92
Third: relaxation and enjoyment of nature 93
Fourth: permissible acts whose persistent commission is likely to affect 93
probity (∏ad\la)
The act recommended by the particular is obligatory under the universal 93
The act disapproved by the particular is prohibited under the universal 94
W\jiband far@distinguished 94
The rules for different acts vary according to the universal and particular 95
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CONTENTS vii
Evidence supporting the distinction between the universal and 97
the particular
The third issue: two meanings of mub\© 98
The fourth issue: mub\© in which there is no harm 100
The fifth issue: mub\© is designated as such when the advantage of the 102
subject is taken into account
The sixth issue: the five categories of rules are related to acts and omissions 103
on the basis of the purposes of the law (maq\§#d al-shar#∏a)
The seventh issue: recommended category (mandßb) in the wider sense 104
serves the obligatory (w\jib)
Sub-issue: the mukrß© serves the prohibited 105
The eighth issue: obligations with a time limit 105
Objection to the above 106
Response to the objection 107
The ninth issue: obligatory rights and the right of God 109
Sub-issue: the first two types are organised on the basis of the 112
demand of a universal or a communal obligation
The tenth issue: the category of exemption between the permitted and 112
the prohibited
Sub-issue: this category is witnessed on various occasions within 114
the shar#∏a
Sub-issue: the obstacle to the category of forgiveness should be 116
perceived from various perspectives
Sub-issue: rules of the unexpressed category 117
The eleventh issue: the demand for the communal obligation and the 123
universal rules
Sub-issue: some details of the communal obligation 125
The twelfth issue: ib\©a, necessity and need 127
The thirteenth issue: balancing the hardships 129
2 The Second Category of Rules: The Declaratory Rules 141
The first type of declaratory rules: causes 141
The first issue: the ability of the subject to perform the act 141
The second issue: legality of causes does not necessarily imply the 142
legal validity of the consequences
The third issue: the subject in bringing about the causes does not 145
intend the effects
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viii THE RECONCILIATION OF THE FUNDAMENTALS OF ISLAMIC LAW
The fourth issue: the determining of causes implies the intention of 146
the lawgiver to bring about the effects
The fifth issue: the right of the subject in intending the effects 147
The sixth issue: the two grades of causes 150
The seventh issue: prohibited causes 154
The eighth issue: the occurrence of the cause is equivalent to the 159
occurrence of the effects
The ninth issue: effects not in control of the subject 160
The tenth issue: the effects are legally based on causative acts 171
The eleventh issue: prohibited causes are injurious and permitted 176
causes are beneficial
The twelfth issue: effects are interests that are to be secured 181
The thirteenth issue: causes based on rationale (wisdom) 185
The fourteenth issue: rules associated with invalid causes 191
The second type of declaratory rules: requisite conditions 193
The first issue: condition is a complementary attribute 193
The second issue: terms related to conditions 193
The third issue: three types of conditions 194
The fourth issue: conditions are like attributes 195
The fifth issue: the cause cannot be implemented without a condition 196
The sixth issue: conditions stipulated with two types of purposes 199
The seventh issue: condition may be given up 200
The eighth issue: three types of rules for which conditions are stipulated 205
The third type of declaratory rules: the obstacles (defences) 206
The first issue: obstacles are of two types 206
The second issue: obstacles are not intended by the Lawgiver 207
The third issue: obstacles may be given up 208
The fourth type of declaratory rules: validity and nullity 210
The first issue: the meaning of validity (two meanings) 210
The second issue: the meaning of nullity (two meanings) 211
The third issue: elaborating the second meaning of nullity 214
The fifth type of declaratory rules: ∏az#maand rukh§a(initial rules 216
and exemptions)
The first issue: ∏az#ma is a rule imposed initially 216
The second issue: rukh§a implies ib\©a 220
The third issue: rukh§a is an additional element 224
The fourth issue: ib\©a associated with rukh§a 227
The fifth issue: valid rukh§aof two types 228
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CONTENTS ix
The sixth issue: rukh§a and option 230
The seventh issue: hardship and facility 238
The eighth issue: each hardship has a facility 246
The ninth issue: causes of exemptions not intended 250
The tenth issue: ∏az#maacquires the meaning of w\jibwith an option 250
The eleventh issue: ∏az#ma, rukh§aand practice 252
Glossary of Terms 273
Index 283