The following is a translated article from Arabic that appeared in al-Waie Magazine.
The book “The Objectives of Imam Al-Shatibi” has recently been published, authored by Professor Mahmoud Abdel Hadi Faour. Al-Waei Magazine offers its readers an introduction to this book, which it finds to be a serious, profound, and disciplined research into the principles of jurisprudence. In it, the author endeavored to investigate and delve into the truth of this idea or theory of Imam Al-Shatibi, while remaining analytical and objective to the utmost degree.
This valuable book clearly demonstrates and thoroughness of its documentation and investigation. The author does not attribute to al-Shatibi any opinion, intended meaning, principle, or explanation of a text important to his methodology, unless he links this to texts by al-Shatibi that conclusively prove the truth of his purpose and intent. Indeed, the reader interested in this matter will sense the great effort expended in dividing and arranging the chapters and topics of this book, such that the previous one paves the way for the subsequent one, and the subsequent one builds on the previous one, in a coherent, convincing, and useful intellectual style. This enables the reader to understand and comprehend the reasons and circumstances for the emergence and development of the concept of the objectives of Islamic law, and then to understand and comprehend the concept of the objectives of Islamic law according to Imam al-Shatibi (may Allah have mercy on him).
One of the most important and precise things the author did after explaining and clarifying this idea was to present and explain the most important rules and principles considered in Al-Shatibi’s methodology, such as: the origin of the consequences of actions, the rules of public interest (al masalih al mursalah), juristic preference (al istihsan), blocking the means (sadd al jarai’ey), the rules of the original (asl) and the predominant (ghalib), and removing harm (dwarar). The author presented all of this in an explanatory and applied manner for Al-Shatibi’s methodology in establishing the rules and principles, and in understanding the Shari’a. This is the most important objective of Al-Shatibi in writing his book (Al-Muwafaqat), and in clarifying the new aspects of his methodology in the principles of jurisprudence.
In numerous places throughout his book, the author demonstrates the significant difference, indeed the contradiction, between the true nature of al-Shatibi’s methodology and the claims or visions advocated by many in our time for the development of jurisprudence, or even the principles of jurisprudence, by invoking al-Shatibi and his methodology. This was one of the author’s motivations for delving into this thorny subject and clarifying the true nature of the concept of objectives according to Imam al-Shatibi, as he states in his introduction:
The researcher looked into (Al-Muwafaqat) and studied it from beginning to end, and from end to beginning. It contains depth, and its author is intentional, and it needs to be looked at and re-looked at, so be it. The researcher focused on it and looked at it carefully. The result was that Al-Shatibi is slandered by one group, and is not understood by another. The result is that Al-Shatibi is innocent of what is attributed to him regarding interests and objectives. The researcher continued studying Al-Shatibi through (Al-I’tisam), and found that those who use him as a screen to hide behind are innovators in his view. Al-Muwafaqat does not agree with them, and Al-Shatibi warns against them and attacks them and their approach. From here arose the motivations for researching this topic, which are, in brief:
1- Religion is a duty and a trust in the neck of everyone who understands it. The researcher saw it as his duty to clarify that the objectives of Sharia do not contradict Sharia, nor do they invalidate its rulings. If the objectives are objectives of Sharia, then they are a branch of it, and Sharia is the origin, and it is not right for the branch to refer to the origin in invalidation. It is necessary to confront every thought or proposal that calls for wasting Sharia or transgressing its boundaries, especially if it is done in the name of Islam.
2- Since some people have clung to Al-Shatibi and his Muwafaqat, and attributed to him what he does not say, but rather what he has always warned against, it was necessary to clarify the truth of this matter, and that there is no way to cling to Al-Shatibi or his Muwafaqat for those who want to change or alter the rulings of the Sharia under the pretext of its objectives, whether with good intentions and purpose, or with bad intentions.
3- Since there has been much talk about Al-Shatibi and his idea of the objectives or his theory of them, and about his innovation in how to understand the Sharia, and research has been presented in this regard and around it, in books, on the pages of magazines and newspapers, and on satellite TV screens, and the researcher finds that they are all far from Al-Shatibi and his idea or his method or his innovation, he feels that he must clarify what he sees as correct in this matter. (From the author’s introduction).
If what is widely circulated among researchers is true, that the book (Al-Muwafaqat), in which Al-Shatibi included his idea of the objectives and his method of ijtihad, is a difficult book, indeed very difficult. Al-Shatibi himself pointed to this and advised that his book should only be studied by those who are well-versed in the sciences of Sharia, otherwise the blessing contained in it will turn against them. If this is the case, then the author, after briefly explaining the emergence and development of the science of the principles of jurisprudence, then the emergence of the idea of the objectives of Sharia, and the discussions and debates of the scholars of the principles of jurisprudence – before Al-Shatibi – then he simplified it and presented it in a documented and easy-to-understand manner for anyone interested and seeking to understand the objectives.
There are many noteworthy points in the book, including, for example, the author’s emphasis on al-Shatibi’s understanding of the objectives, which confirms that contemporary discussions on this matter and their warnings about al-Shatibi’s methodology and innovations are far removed from al-Shatibi and his methodology. Al-Shatibi divided the objectives into two categories: the objectives of the Lawgiver and the objectives of the legally obligated. He divided the objectives of the legally obligated into four categories, of which the objectives of Islamic law are one. Meanwhile, contemporary scholars do not address or research anything other than the objectives of Islamic law. Furthermore, the content of their research, when they do discuss it, is mostly the objectives of the legally obligated, not the objectives of Islamic law.
Likewise, most contemporary discussions overlook what al-Shatibi considered the fourth type of objectives, which is the objective of the Lawgiver for the worship and obedience of His servants. In fact, the other three objectives were only discussed for the sake of achieving this objective, which is for people to worship their Creator: { And I did not create the jinn and mankind except to worship Me .} [Adh-Dhariyat: 56]. Likewise, one of the most precise things the author did was to verify the meaning of every word or term used by al-Shatibi that is important or influential in understanding his methodology or innovation. He clarified and documented al-Shatibi’s intent with terms such as: cause, effect, wisdom, reason, origin, partial, branch, meanings of rulings, original objectives, subsidiary objectives, and others. The author also highlighted the meaning that Al-Shatibi intended by induction, how to apply it, his requirement of certainty in the principles, how to benefit from this from induction, and how the induction method is one of the most important pillars of Al-Shatibi’s idea, which is something that contemporary advocates of renewal (tajdeed) completely ignore and neglect.
Thus, the author guides his reader step by step, leading him to understand the meaning of the objectives as intended by al-Shatibi. He then explores how an objective is considered a legitimate objective, how it can be suspended or rejected, and how the levels of the objectives of the Shari’ah vary, with one being considered a necessity, another a need, and another an improvement. He also explains al-Shatibi’s method of arranging the objectives within a single level, such as preserving religion, life, reason, lineage, and wealth. The author explains that the Grand Imamate (the Caliphate), for example, is a necessity in the level of preserving religion, as is jihad, prayer, and all the other pillars. All of this is according to al-Shatibi.
One of the most important points to note in our introduction to this book is the author’s definition and explanation of what al-Shatibi meant by the terms “maslahah” (interest) and “mafsadah” (corruption). He explains how “maslahah” (interest) is a legitimate objective that a person obligated to obey a law may consider in legislation, and how it can be merely an objective of the person obligated to obey a law, depending on his own fortunes, inclinations, and whims. The book conclusively examines, investigates, and proves that “maslahah” (interest)—according to al-Shatibi—is what has been proven by Islamic law to be an objective of the Lawgiver, regardless of whether it conforms to the objectives of creation or not. Thus, there is no ambiguity in al-Shatibi’s approach, which states that the correct way is to say “Shari’ah is maslahah” (interest) and not “maslahah is Shari’ah” (interest), as many people imagine is the meaning intended by al-Shatibi. The author also explains the intended meaning of terms such as “considered” (al-mu’tabar), “mursal” (dismissed), and “mulghā” (abrogated), as well as the types of consideration in the phrase “considered maslahah” (interest) or “mursal” (dismissed). The author also clarifies the meaning of “middle ground” (wasat) and “wasatiyyah” (moderateness) according to al-Shatibi with definitive texts from al-Muwafaqat. He elaborates on how to determine the middle ground in any given issue, explaining that it is not something that falls between the extremes of excess and deficiency, or anything similar. Rather, excess and deficiency are identified after the middle ground is identified. As for how the middle ground is identified, the author cites al-Shatibi’s statement: «والتوسط يُعرفُ بالشرع» “Moderation is identified by the Shari’a.”
The book also highlights Al-Shatibi’s position on some fatwas or the rules adopted by some muftis: such as facilitation due to hardship, alleged necessities or needs, and the permissibility of choosing between schools of thought or fatwas. He rejects all of them, and Al-Shatibi even attacks them strongly.
The book also highlights Al-Shatibi’s position on custom or traditions, as he calls them, and the extent of their consideration in Sharia, and the statement that rulings change with the change of customs, interests, time, or place, and the issue of the absence of some rulings in Sharia, or what some claim about the existence of a vacuum in Sharia. The author explains Al-Shatibi’s position on all of this and other things, in interesting and useful research, and documents that with texts by Al-Shatibi, including his saying: Among the characteristics of Sharia are “generality and consistency; therefore, the Sharia rulings apply to the actions of those obligated in general, even if their specific individuals characteristics are endless. No action is imposed, nor movement, nor stillness is claimed except that Sharia governs it individually and in combination, which is the meaning of its being general.” Among its characteristics, as Al-Shatibi says, is also: “Establishment without disappearance; Therefore, after its completion, you will not find in it any abrogation or specification of its generality, nor any restriction of its absoluteness, nor any lifting of any of its rulings, neither according to the generality of those obligated, nor according to the particularity of some of them, nor according to any situation. Rather, whatever has been proven as a cause is always a cause and cannot be lifted. Whatever was a condition is always a condition, whatever was obligatory is always obligatory, or recommended is recommended. And so are all rulings; they do not cease or change. Even if it were assumed that the obligation would continue indefinitely, its rulings would be likewise. Among the sayings of al-Shatibi that the author also cites: “Because the Shari’ah is intended to be eternal even if it were assumed that the world would continue indefinitely, and the obligation is thus, there is no need for anything more in the Shari’ah.”
In the book there is a study under the title: (لا يجوز مخالفة الأحكام بحجة المقاصد) (It is not permissible to contradict the rulings under the pretext of objectives), which is a condition according to Al-Shatibi in order to consider the objectives and to validate the application of the method. In fact, the objective is not considered a legal objective if it contradicts the rulings, which is what Al-Shatibi refers to a lot in his book (Al-Muwafaqat), and it is some of what Al-Shatibi means by his saying that it is necessary to apply the generalities and the particulars together, and it is one of the principles according to Al-Shatibi that the author explained to us clearly, and he showed that it is a condition for Al-Shatibi’s method in the principles of jurisprudence.
In this book, the author traces many of the opinions, understandings and meanings held by many contemporary researchers and writers on the principles of jurisprudence, including those who edited the book Al-Muwafaqat, which they mistakenly attribute to Al-Shatibi. He demonstrates their error and sometimes their contradiction with Al-Shatibi. He relies on analysis, connection and reasoning based on Al-Shatibi’s texts and their applications, using an intellectual and objective approach. He also rejects what some have claimed about contradictions in Al-Shatibi’s texts, explaining that this is a delusion on their part and due to their lack of understanding of some of those issues, as well as Al-Shatibi’s meaning by some important terms in his methodology, such as “maslahah” (interest), “mafasadah” (corruption), and the “maslahah” (interest) understood in common parlance, etc.
The author concluded his book with the tenth chapter, which he divided into three sections. In the first, he summarized the concept of objectives according to Al-Shatibi, presenting its pillars, meaning, and Al-Shatibi’s approach to understanding the Sharia according to it. In the second and third sections, he discussed it in a manner of usooli discussion. He discussed the issue of induction (istinbaat) as a method versus deduction, and Al-Shatibi’s purpose of semantic continuous transmission (tawatur ma’nawi) in his method versus semantic continuous transmission in the terminology of Hadith. He also discussed Al-Shatibi’s position on fundamentals and the necessity for them to be definitive, as well as his position on individual reports (ahad) and conjectural indications. He also discussed the principle of rationalization (ta’leel), which is the rationalization of Allah’s actions and rulings, according to Al-Shatibi and some of his predecessors who held this view. He also discussed, in a deep and precise intellectual style, the issue of (objectives and causes), and the difference between objective and cause, removing the confusion and obfuscation that results from mixing them up.
At the end of the book, the author praised Al-Shatibi as a scholar and an enlightened mujtahid, despite his disagreement with him in some of the new things he presented as a new approach to the principles of jurisprudence, and that was in some of the pillars of his approach. Speaking about the love he developed for Al-Shatibi while accompanying him on the journey of (Al-Muwafaqat), he said: “This is because the researcher developed a love for a man who combined genius and faith, knowledge and morals, ambition and piety. His mind rose, and his soul, filled with fear and hope, led him to rise with it. He coveted the coveting of the devout and working people, and his soul rose, and his mind, filled with thought and wisdom, led him to rise with it. So he became ascetic like the grateful worshippers, and the refined mind met the sublime soul in the person of a believer, so the encounter gave birth to the love of God, and faith bore fruit with its sweetness, and the traveler was steadfast on His path. When the seeker saw the traveler’s stumbling and the roughness of the paths, mercy and compassion were added to the love and affection, as he saw the great scholar and the enlightened visionary, the end of the path turning him away from the path, and blinding him to the subtle results of the truths. So he wished that he were his student and companion, who would guide him with two eyes, and suffice him what distracts him from seeing, or turns him away from perception, for the great, great, and pious are rare, and pass by far apart, and there is no infallibility after the Prophet (may God bless him and his family and grant them peace), so that they should be helped in obeying God and served in serving God’s command, is from righteousness and obedience, and that one should strive to correct them with politeness, and enlighten them with wisdom, and to obey them and draw near to them with sincerity for God. And piety is a great deed, as great as their deeds, and as beneficial as their production, and it is a rarer opportunity than theirs. Indeed, their error and slip are a loss for those with them and those around them, even if they are rewarded.
I can say that the book (The Objectives of Imam Al-Shatibi) by Professor Mahmoud Abdel Hadi Faour is the first book that dealt with the subject of the objectives of Imam Al-Shatibi, and which was able to explain and simplify the book (Al-Muwafaqat).
The book is 576 pages long.
Originally published on the June 2006 edition
