Min Fatawa al-Allama Muhammad al-Amin al-Shinqiti
- Author died
- 1393 AH
- Editions
- Abū ʿAbd Allāh, Aḥmad ibn Muḥammad ibn Muḥammad Basyūnī
Min Fatawa al-Allama Muhammad al-Amin al-Shinqiti (From the Fatwas of the Eminent Scholar Muhammad al-Amin al-Shinqiti) is a short collection of legal and theological responsa by the Mauritanian scholar Muhammad al-Amin al-Shinqiti (1325–1393 AH / 1907–1974 CE), addressing three specific theological and jurisprudential inquiries .
Origin and Scope
The treatise originated as a written correspondence answering questions posed by Judge Muhammad al-Amin ibn Muhammad al-Khidr ibn Mayaba in a typed letter dated 23 Rabiʿ al-Thani 1389 AH (8 July 1969 CE), sent while he was serving at the Embassy of Jordan in Jeddah . Al-Shinqiti composed a detailed response to three interrelated matters:
- The locus of the intellect (maqarr al-ʿaql): Whether human reason resides in the heart or the brain .
- The categorization of the People of the Book (Ahl al-Kitab): Whether the general scriptural designation of polytheists (al-mushrikun) encompasses Jews and Christians .
- Entry of non-Muslims into mosques: Whether non-Muslims are legally permitted to enter mosques other than al-Masjid al-Haram .
Method and Contents
In resolving the first issue, al-Shinqiti defines the intellect as a spiritual light by which the soul perceives necessary and theoretical knowledge . He cites numerous Quranic verses and prophetic traditions demonstrating that the heart is the locus of comprehension, such as فَتَكُونَ لَهُمْ قُلُوبٌ يَعْقِلُونَ بِهَا ("that they might have hearts with which to reason") [Al-Hajj 22:46] . He critiques philosophical views locating reason purely in the brain, addresses narrations attributed to Ahmad ibn Hanbal and the Hanafis, and discusses a harmonizing view positing that the intellect resides primarily in the heart while maintaining a functional connection to the brain, noting that such a synthesis is rationally admissible provided valid inductive evidence supports it .
In the second and third questions, al-Shinqiti examines the linguistic and legal implications of scriptural conjunctions (ʿatf) between the People of the Book and polytheists across various Quranic passages . He details how these definitions intersect with the ruling of Caliph ʿUmar ibn ʿAbd al-ʿAziz barring non-Muslims from the sacred precinct and evaluates the legal rulings governing non-Muslim entry into other mosques .
Transmission and Publication
The text survived in the author's autograph manuscript as well as in a transcription made by his student Ahmad ibn Ahmad al-Mukhtar . The section on the locus of the intellect was first published separately without commentary in medical journals (such as Sihhat al-Qalb), while the section on the People of the Book was quoted by Bakr Abu Zayd in his lexical study Muʿjam al-Manahi al-Lafziyya .
The complete three-part responsa were later edited and annotated by Abu ʿAbd Allah Ahmad ibn Muhammad Basyuni, collating the student's copy against the author's original manuscript with an introduction by the author's son, Muhammad al-Mukhtar ibn Muhammad al-Amin al-Shinqiti, who reviewed the text in the Prophet's Mosque in 1425 AH . The text was also included within Ahmad ibn Muhammad al-Shinqiti's Majalis maʿa Fadilat al-Shaykh Muhammad al-Amin al-Shinqiti and integrated as part of the collected works project (Athar al-Shaykh Muhammad al-Amin al-Shinqiti) edited by Sulayman ibn ʿAbd Allah al-ʿUmayr under the supervision of Bakr Abu Zayd .
Answer updated