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Evidence of this may be seen in the fact that the universals which the Shari'ah has commanded us to preserve are five, namely: religion, human life, the faculty of human reason, progeny, and material wealth." In Question 8, for example, he states "If, among the laws established in Madinah, you find a universal principle, then think carefully on it and you will find that in relation to that which is still more general, it is a specific, or a complement to a universal principle. Moreover, knowledge of these universals is also considered essential by the Muslim community."įrom the introductions we move to 'The Book of Evidence' (Part 3 according to the book's division in modern printings), where al-Shatibi lays the general foundation for examining legal evidence.
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As al-Shatibi puts it, "The Muslim community - and, indeed, all religions - are in agreement that the Law was established to preserve the five essentials, namely, religion, human life, progeny, material wealth, and the human faculty of reason. The definitive nature of these universals is beyond dispute. He states, "What I mean by 'universals' here are: the essentials, exigencies and embellishments. In the first introduction, which he devotes to the claim that the fundamentals of Islamic jurisprudence are founded on the universals of the Law, which can be nothing other than definitive. This section still engaged in the presentation of the theory, and in what follows I will deal in some detail with the imprints left by 'objectives' in three particular realms, namely: (1) the five essentials (elsewhere than in "The Book of Higher Objectives', (2) questions relating to actions classified as mubah, or permissible (under the rubric of al-ahkam al-taklifiyyah, that is, rulings which define legal obligations), and (3) causes and outcomes (under the rubric of al-ahkam al-wad'iyyah), or rulings which specify causes, conditions, and or constraints on such obligations).įrom his initial introductions to al-Muwafaqat, al-Shatibi begins raising issues relating to the objectives of Islamic Law and relying on his analysis of such issues for support and clarification of his views as they relate to the fundamentals of jurisprudence. In fact, anyone who studies al-Shatibi will conclude that he wrote about nothing but maqaqshid al-shari'ah and their outcomes. In all that al-Shatibi's writes, one finds that 'the objectives' are his companion, present in his words, exercising their sway over his views and rendering them more profound and discerning, while his views, in turn, render his theory clearer and more comprehensible.
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This being the case, 'The Book of Higher Objectives' is not sufficient in and of itself for a complete elucidation of the theory of objectives, its various dimensions, and its effects. Rather, it finds its way into the majority of al-Shatibi's writings. The International Institute of Islamic ThoughtĪl-Shatibi's theory of objectives is not found exclusively in the section of al-Muwafaqat devoted to this theme, namely, 'The Book of Higher Objectives' of which I have just presented a synopsis. Ahmad Al-Raysuni translated by Nancy Roberts Iman Al-Shatibi's Theory of Higher Objectives and Intents of Islamic Law