Ibn Ashur: Treatise on Maqasid Al-Shariah download

IBN ASHUR: TREATISE ON MAQASID AL-SHARIAH – Book Sample

Contents IBN ASHUR: TREATISE ON MAQASID AL-SHARIAH

• Author’s Preface xvi
• part i: establishing maq®ßid al-shari¢ah

• Prefatory Note 3
• The Jurist’s Need to Know Maqasidal-Shari¢ah 7
• Methods of Establishing Maqasidal-Shari¢ah 13
• Evaluation of the Predecessors’ Methods 21
• Insufficiency of the Literal Methodology without
• Knowledge of Higher Objectives 26

• The Prophet’s Intent of Legislation 30
• Certain and Probable Maqasidal-Shari¢ah 52
• Rationalised and Non-Rationalised Shari¢ah Injunctions 60
• part ii: on the general objectives of islamic legislation

• The Determinant Characteristic of Maqasidal-Shari¢ah 71
• Grounding of Maqasidal-Shari¢ah on Fi~rah 78
• Magnanimity of the Shari¢ah 87
• The General Objectives of Islamic Legislation 91
• The Meaning of Ma|la^ah and Mafsadah 96
• The Pursuit of Ma|¥li^ in the Shari¢ah 109
• Categories of Ma|la^ah Intended by Islamic Legislation 116
• Universality of the Islamic Shari¢ah 134
• contents
• Ibn Ashur Final FOR PRINT.qxp 13/9/06 11:07 Page v

• Ibn Ashur Final FOR PRINT.qxp 13/9/06 11:07 Page vi

• Equality in the Shari¢ah 146
• Freedom in the Shari¢ah 154
• Alteration and Confirmation Objectives in the Shari¢ah 165
• Shari¢ah is About Essences and Real Attributes,
• Not Names and Forms 171
• Analogical Reasoning Based on Effective Causes
• and Medium and High Shari¢ah Objectives 174

• Manipulation to Make the Unlawful Appear Lawful 177
• Prohibition of Evasive Legal Means 187
• Precision and Determination in Islamic Legislation 193
• Rigor and Mercy in Enforcing and Observing Islamic Legislation 199
• Public and Individual License 204
• W¥zi¢: Its Meaning and Varieties 208
• The Merciful Nature of the Shari¢ah 214
• The Shari¢ah’s Aim in Avoiding Elaboration at the
• Time of Revelation 217
• The Shari¢ah’s Aim in Building a Solid and Stable
• Social Order 221
• The Necessity of Ijtihad 223
• part iii: maq®ßid al-shari¢ah – human dealings

• Ends and Means in Transactions 229
• Specification of the Principles and Categories of
• Rights in the Shari¢ah 238

•  Maqasid al-Shari¢ah: Family 247
•  Maqasid al-Shari¢ah: Financial Transactions (1) 270
•  Maqasid al-Shari¢ah: Financial Transactions (ii) 285
•  Maqasid al-Shari¢ah: Labor-Based Transactions 301
•  Maqasid al-Shari¢ah: Gifts and Donations 308
•  Maqasi dal-Shari¢ah: Judgeship and Testimony 317
•  Maqasid al-Shari¢ah: Penalties 336

• conclusion 341
• Notes 343
• Bibliography 453
• Glossary of Terms 471
• General Index 477
• Translator’s Note 491

Muhammad al-Tahir ibn Ashur

Muhammad Al-Tahir ibn Ashur was born in Tunis in 1879 to an affluent family of high social standing. Originally of Andalusian origin dedication to the pursuit of knowledge seems to have been a continuous and established tradition throughout the successive generations of the family’s ancestors.

Although Ibn Ashur’s father is not mentioned by Tunisian biographers as one of the ¢ulam¥’ elite of his time, his paternal grandfather, Muhammad Al-Tahir ibn Ashur (1815–1868) is usually referred to as one of the finest and most authoritative scholars of his time.

The young Ibn Ashur thus entered a family milieu that was at once familiar and, to a reasonable extent, aligned with the reformist movement that had been germinating in Tunisia for decades.

In 1892 Ibn Ashur entered the Zaytina (a formal educational establishment, like Al-Azhar in Cairo) and arrangements were made for the appointment of his future teachers. An eminent senior professor was chosen for this task. As their biographical data clearly show, almost all the teachers appointed for the young Ibn Ashur were reform-minded ¢ulam¥’ involved in the 1860s–70s reform attempts led by Khayr al-DÏn.

During these years Ibn Ashur achieved a number of high-level qualifications, which he considered merely formal requisites to consolidate his scholarly capacity and prove his personal worth. His real aim was general presence amongst the Zaytna’s permanent teaching staff and particularly close contact with its authoritative professors, notably his foremost teachers, ¢Umar ibn al-Shaikh (1826–1911)and S¥lim B‰ H¥jib (1828–1924). It was a valuable opportunity for it allowed him to deepen and broaden the scope and nature of his knowledge in a manner more specialized and focused than general formal classes would have made possible.

This type of extensive contact study was also crucial in qualifying Ibn Ashur to earn what is known in classical Islamic scholarship as an ij¥zah, an attestation by a prominent scholar(s) that a student has mastered a specific branch of knowledge and become a reliable authority in it.

Nevertheless, whatever formal training Ibn Ashur might have received and whatever the influence of his teachers, personal dedication and natural talent always played an equally essential role in developing his excellent academic and scholastic abilities as well as mastery of an amazingly wide range of disciplines. Ibn Ashur quickly rose to various prominent positions and in 1927 was promoted to the office of the chief judge and within a few years (1932), named Shaikh al-Islam, an illustrious post that conferred upon him the highest scholarly rank and authority in the country.

Despite his administrative duties and teaching commitments at the Zayt‰na and elsewhere, Ibn Ashur was a prolific writer and author publishing many articles and works. He was an almost regular con- tributer to most of the leading journals and magazines published in Tunisia as well as others published in Egypt and Syria.

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