Nazariyat al-Maqasid inda al-Imam al-Shatibi
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- Al-Dar Al-Alamiyyah lil-Kitab Al-Islami
Nazariyat al-Maqasid inda al-Imam al-Shatibi (The Theory of Higher Objectives According to Imam al-Shatibi) is an academic study in Islamic legal theory by the contemporary Moroccan scholar Ahmad al-Raysuni, dedicated to analyzing and reconstructing the maqasid theory developed by the eighth-century Andalusian jurist Abu Ishaq al-Shatibi .
Background and Purpose
The work originated as an academic thesis examining al-Shatibi's thought in al-Muwafaqat and his other writings . Al-Raysuni's stated purpose was to provide a comprehensive, systematic examination of al-Shatibi’s objective-oriented jurisprudence, trace its historical roots, evaluate its components, and demonstrate how maqasid serve as an indispensable framework for legal interpretation and contemporary ijtihad .
In the introductory preface, the author examines modern definitions of maqasid, including those articulated by Muhammad al-Tahir Ibn Ashur and Allal al-Fasi, while noting that classical legal theorists and al-Shatibi himself typically took the term's meaning as understood without defining it formally .
Structure and Contents
The book is organized into a preliminary introduction, four main parts (abwab), and a concluding chapter :
Part One: Maqasid Before al-Shatibi
This part surveys the historical evolution of teleological thinking in Islamic jurisprudence across two chapters :
- The Idea of Maqasid Among Legal Theorists: Examines early contributions by figures such as al-Hakim al-Tirmidhi, Abu Mansur al-Maturidi, Abu Bakr al-Shashi al-Qaffal, Abu Bakr al-Abhari, and Abu Bakr al-Baqillani; followed by major usul theorists, including Abu al-Ma'ali al-Juwayni, Abu Hamid al-Ghazali, Fakhr al-Din al-Razi, Sayf al-Din al-Amidi, Ibn al-Hajib, al-Baydawi, al-Isnawi, Taj al-Din al-Subki, Izz al-Din ibn Abd al-Salam, Shihab al-Din al-Qarafi, Ibn Taymiyyah, and Ibn Qayyim al-Jawziyyah .
- Maqasid in the Maliki School: Explores foundational Maliki principles tied to teleological reasoning, specifically public interest (al-maslahah al-mursalah), blocking the means to harm (sadd al-dhara'i'), and considering the intentions of legal actors .
Part Two: Al-Shatibi and His Theory
This part focuses directly on al-Shatibi and the structural formulation of his theory :
- Biography of al-Shatibi: Summarizes his teachers, students, writings, scholarly life, tribulations, and correspondence .
- Presentation of the Theory: Details the ratiocination of rulings (ta'lil al-shari'ah) and al-Shatibi's primary division of objectives into the intent of the Lawgiver (qasd al-shari')—subdivided into four aspects: legislation for human welfare, intelligibility, imposition of obligations, and bringing the mukallaf under divine law—and the intent of the accountable individual (maqasid al-mukallaf) .
- Dimensions of the Theory: Traces how maqasid operate beyond the dedicated book of objectives in al-Muwafaqat, particularly regarding the five essential necessities (al-daruriyyat al-khams), permissible actions (al-mubah), and causes and effects (al-asbab wa-al-musabbabat) .
Part Three: Fundamental Issues in al-Shatibi's Theory
This part addresses key conceptual debates :
- The Question of Ratiocination (Ta'lil): Explores whether legal rulings are rationalizable or purely devotional, reviewing opposing positions such as those of the Zahiriyyah, al-Razi, and Ibn Hazm .
- Benefits and Harms (al-Masalih wa-al-Mafasid): Analyzes the nature of benefits and harms, rational perception of interests, text interpretation guided by public interest, and managing variable or conflicting benefits .
- Methods of Identifying Maqasid: Identifies the textual and methodological tools used to ascertain divine intent, including Arabic linguistic conventions, commands and prohibitions, primary versus secondary objectives, legislative silence, and thematic induction (al-istiqra') .
Part Four: General Assessment of the Theory
- Tradition and Innovation: Assesses al-Shatibi's reliance on earlier usul theorists and Maliki jurisprudence alongside his original contributions, such as expanding the scope of maqasid, systematizing the rules of intent, and formulating distinct canons of maqasid .
- Maqasid and Ijtihad: Details the practical application of objectives to legal reasoning, including qualifications for the mujtahid, interpreting specific texts in light of universal principles, and the consideration of legal outcomes (i'tibar al-ma'alat) .
The book closes with an epilogue outlining future prospects for research in maqasid .
Publication
The work was published as part of university thesis selection series by the International Institute of Islamic Thought (IIIT) in cooperation with al-Dar al-'Alamiyyah lil-Kitab al-Islami in Riyadh . It went through multiple editions, including a second edition in 1412 AH / 1992 CE and a fourth edition in 1416 AH .
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