Treatise on Maqasid al-Shariah by Muhammad Al-Tahir Ibn Ashour

By Muhammad Al-Tahir Ibn Ashour

Shaikh Muhammad AL-Tahir ibn Ashur is the main popular Zaytuna Imam and one of many nice Islamic students of the twentieth century. The booklet of this translation of Shaikh Ibn Ashur's Treatise on Maqasid AL-Shari'ah is a leap forward in stories on Islamic legislations within the English language. during this booklet, Ibn Ashur proposed Maqasid as a technique for the renewal of the idea of Islamic legislation, which has no longer passed through any severe improvement because the period of the nice imams. Ibn Ashur - particularly courageously - additionally addressed the delicate subject of the intents/Maqasid of Prophet Muhammad (SAAS) at the back of his activities and decisions.

He brought standards to distinguish among the Prophetic traditions that have been intended to be a part of Islamic legislation and the Prophetic actions/sayings that have been intended to be for the sake of particular reasons equivalent to political management, court docket judgment, pleasant suggestion, and clash solution. yet Ibn Ashur's most vital contribution during this booklet has been the improvement of recent Maqasid via coining new, modern, terminology that have been by no means formulated in conventional usul AL-fiqh.

For instance, Ibn Ashur built the idea of the 'protection of actual trust' into 'freedom of beliefs', and so on. He additionally brought the ideas of 'orderliness', 'natural disposition', 'freedom', 'rights', 'civility', and 'equality' as Maqasid of their personal correct, and upon which the total Islamic legislations relies. This improvement opens nice possibilities for Islamic legislation to deal with present and genuine demanding situations for Muslim societies and Muslim minorities.

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Qxp 28 13/9/06 11:07 Page 28 ibn ashur treatise on maq®ßid al-shari¢ah In this respect, we can clearly see the inadequate position of the <¥hirÏs and some traditionalists, who confined the understanding of the Shari¢ah to transmitted reports. It is here also that we can realize the inaccuracy and unsoundness of the statement attributed to alSh¥fi¢Ï, in which he is reported to have said: “If a tradition (khabar) from God’s Apostle is proven authentic, then that is my adopted position,”2 for such a statement cannot be uttered by a scholar who has attained the level of mujtahid.

We used to rent the land on the basis that the yield of a specific portion of it was to be given to the landlord. , while the rest remained safe and vice versa, so the Prophet (ßAAS) forbade this practice. 17 Hence, he understood the reason for this prohibition to be the risk entailed in the contracts that his people used to conclude. qxp 24 13/9/06 11:07 Page 24 ibn ashur treatise on maq®ßid al-shari¢ah Second Example: In the chapter “The Delegation of the Yemen” (Wafd al-Yaman), Bukh¥rÏ narrated that Khabb¥b ibn al-Aratt went to visit ¢Abd All¥h ibn Mas¢‰d.

3 5. The fifth mode is to accept some textually established rules of the Shari¢ah simply as someone who does not know their causes or the inner wisdom of the Shari¢ah in enacting them. Here, the muj tahid acknowledges his incapacity to comprehend the Lawgiver’s wisdom in prescribing such rules, and belittles his knowledge in relation to the vastness of the Shari¢ah. He then considers this kind of provisions as merely devotional. Thus, the jurist needs to know Maq¥|id al-Shari¢ah on all these levels.

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