al Shatibi Theory of the Higher Objectives and Intents of Islamic Law pdf

al Shatibi Theory of the Higher Objectives and Intents of Islamic Law by Dr. Ahmad Al-Raysuni With an Introduction by Dr. Taha Jabir Al-Alwani Translated from the Arabic by Nancy Roberts

AL SHATIBI THEORY OF THE HIGHER OBJECTIVES AND INTENTS OF ISLAMIC LAW

Book contents

• Foreword ix
• Introduction xi
• Author’s Preface xxi
• The notion of higher objectives prior to al-shatibi 1
• Section One
• The Notion of ‘Higher Objectives’ as Treated by the Usliyiin 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
• Unrestricted interests 45
• Sadd al-Dhar¥’i¢, (the prohibition of evasive legal devices) 56
• Consideration for the Objectives of those Governed by the Law 64
• al-shatibi and his theory 73
• Section One
• Introduction to al-Sh¥~ibÏ 73
• A Brief Biological Sketch of al-Sh¥~ibÏ 74
• Al-Shatibi Speaks about Himself 80
• Al-Shatibi’s Correspondences 89
• Section Two
• A Presentation of the Theory 106
• Occasion-Based Analysis of Islamic Law  106
• Al-Shatibi’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
• The Five ‘Essentials’ 137
• Questions Relating to that which is
• Permitted (al-Muba) 147
• Causes and Effects 158
• 3 fundamental issues in al-shatibi’s theory 169

Section One

• The Question of Talil* 169
• Legal Rulings between Talil and Taabbud 170
• Those who Reject the Practice of Talil 188
• Al-Razi’s Stance on Talil 197
• Ibn Hazm and Talil 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
• Interest-Based Textual Interpretation 250
• Assessment of Changing and Conflicting Interests 257
• Assessment of Unrestricted Interests 262

Section Three

• By What Means May the Lawgiver’s Objectives/Intents
• be Known? 265
• Understanding Objectives in Light of the Requirements
• of the Arabic Language 265
• Legal commands and Prohibitions: Between Ta’lil and Literalism 268
• Primary and Secondary Objectives of the Law 270
• Silence on the Part of the Lawgiver 278
• Induction 280
• The Importance of Induction in al-Shatibi’s View 281
• Induction and the Objectives of the Law 282
• 4 overall evaluation of al-shatibi’s theory 289
• Section One
• Al-Shatibi’s Theory between Imitation and Originality 289
• Traditional Elements of al-Shatibi’s Theory 289
• Al-Shatibi’s Debt to the Malikite School 295
• Innovative Aspects of al-Shatibi’s Theory 307
• The Great Expansion 311
• Human Objectives 314
• By What Means May the Lawgiver’s Higher
• Objectives be Known? 315
• A Wealth of Principles 316
• Maqsid-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
• Texts and Rulings are Inseparable from their Objectives 337
• Combining Universal Principles and Evidence Applicable
• to Particular Cases 346
• Achieving Benefit and Preventing Harm 352
• Consideration of Outcomes 358
• 5 Conclusion
• Horizons for Further Research into Maqasid al-Shariah 363
• Notes 367
• Bibliography 410
• Glossary of Terms 421
• General Index 426

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