Manhaj al-Tashri al-Islami wa Hikmatuhu
- Author died
- 1393 AH
- Editions
- T al-Jamia al-Islamiyya
Manhaj al-Tashri al-Islami wa Hikmatuhu (The Methodology of Islamic Legislation and Its Wisdom) is a legal treatise by the Mauritanian scholar Muhammad al-Amin al-Shinqiti (1325–1393 AH / 1907–1974 CE) exploring the objectives, foundational principles, and wisdom underlying Islamic law .
Origin and Context
The work originated as an inaugural lecture delivered by al-Shinqiti in 1384 AH for the opening of the cultural season at the Islamic University of Madinah . It was subsequently transcribed and published as an independent treatise .
Contents and Core Concepts
In the treatise, al-Shinqiti defines legislation (tashri') as the divine framework established by the Creator of the heavens and the earth through the Prophet Muhammad ﷺ to guide humankind and secure their happiness in both this world and the Hereafter in the most complete manner .
The text focuses on the classification and preservation of human interests (masalih), categorizing them into three core levels in accordance with legal theory (usul al-fiqh) :
- Necessities (daruriyyat): Directed at warding off harm (dar' al-mafasid), encompassing the protection of six universal essentials: religion (al-din), life (al-nafs), intellect (al-aql), lineage (al-nasab), honor (al-'ird), and property (al-mal) .
- Needs (hajiyyat): Directed at procuring benefits (jalb al-masalih) and removing hardship .
- Embellishments and completions (tahsiniyyat wa tatimmiyyat): Pertaining to noble conduct and commendable customs .
The treatise also addresses the principle of blocking the means to prohibited ends (sadd al-dhara'i') and demonstrates how the rulings of Islamic law consistently safeguard these universal objectives .
Publication History
The treatise was initially issued as a standalone monograph, including editions by the Da'wah Affairs Center at the Islamic University of Madinah and al-Maktabah al-Ilmiyyah in Medina . It was later compiled as the third entry in al-Muhadarat (Lectures), a volume within the complete works project of al-Shinqiti supervised by Bakr ibn Abd Allah Abu Zayd and published by Dar Alam al-Fawa'id and Dar Ibn Hazm .
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