Manhaj al-Tashri al-Islami wa Hikmatuhu - ضمن "Muhadarat al-Shinqiti

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 principles, gradual progression, and underlying wisdom of divine legislation in Islam al-Islam Din Kamil - ضمن …+1.

Origin and Publication

The work originated as an opening lecture delivered by al-Shinqiti at the cultural season of the Islamic University of Madinah in 1384 AH al-Islam Din Kamil - ضمن …+1. It was subsequently printed as a standalone monograph by several publishers, including the Da'wah Affairs Center of the Islamic University of Madinah and al-Maktabah al-Ilmiyyah in Medina al-Hukm min al-Muamalat w…+1. It was also incorporated as the third lecture within al-Muhadarat, part of the collected works project Athar al-Shaykh al-Allamah Muhammad al-Amin al-Shinqiti, supervised by Bakr Abu Zayd and published in cooperation with Dar Alam al-Fawa'id and Dar Ibn Hazm al-Islam Din Kamil - ضمن …+1.

Contents and Themes

The treatise defines key conceptual terms, categorizes the pillars and objectives of Islamic legislation, and examines the methods by which divine commands were introduced:

• Linguistic and Legal Foundations: The author defines manhaj as a clear, evident path, citing the Quranic verse لِكُلٍّ جَعَلْنَا مِنْكُمْ شِرْعَةً وَمِنْهَاجًا ("To each of you We prescribed a law and a method") Manhaj al-Tashri al-Islam…. He defines Islam linguistically as submission and obedience, and technically as submission to God encompassing inner conviction of the heart, verbal affirmation of the tongue, and outward execution by the limbs Manhaj al-Tashri al-Islam…+1. Legislation (tashri') is defined as the divine legal order established by the Creator through the Prophet to secure human welfare in both this world and the hereafter Majallat al-Jami'a al-Isl….
• Theology and the Five Pillars: Drawing on Quranic induction, al-Shinqiti outlines the three divisions of monotheism—divine lordship (tawhid al-rububiyyah), worship (tawhid al-uluhiyyah), and divine names and attributes (tawhid al-asma' wa-l-sifat)—before discussing the five pillars of Islam and the specific wisdom behind each Manhaj al-Tashri al-Islam…+1.
• Gradualism in Legislation (al-Tadrij): The text explains that divine law was revealed gradually to ease implementation for people accustomed to contrary practices Manhaj al-Tashri al-Islam…. Al-Shinqiti distinguishes between two forms of gradualism: gradual enactment across separate obligations (such as introducing the declaration of faith first in Mecca, followed by prayer during the Night Journey, fasting and alms in 2 AH, and the pilgrimage) and gradualism within a single ruling that involves hardship, citing the historical phasing of rulings on fighting, fasting, and the prohibition of intoxicants Manhaj al-Tashri al-Islam…+1.
• Legal Objectives and Principles: The treatise discusses the hierarchy of interests (al-masalih) safeguarded by Islamic law, including universal necessities (al-daruriyyat), complementary needs (al-hajiyyat), and refinement of character and customs (al-tahsiniyyat), alongside complementary legal principles such as blocking the means to unlawful ends (sadd al-dhara'i) Maalim Usul al-Fiqh inda …+1.