By Ibrahim Ibn Al-Shatibi, Imran Ahsan Khan Nyazee
Now to be had in paperback, The Reconciliation of the basics of Islamic legislations (or Al-Muwafaqat fi Usul al-Shari'), written through Ibrahim ibn Musa Abu Ishaaq al-Shatibi, was once and is still an innovation in Islamic jurisprudence (fiqh), because, for the 1st time, the pursuits of shari'a have been addressed. The booklet is an expert in figuring out the goals of the shari'a. This was once the 1st time that the codification of the maqasid, or pursuits of the shari'a, used to be undertaken. It was once first released in 1884 in Tunis, and because then it's been a resource of suggestion, moderation, and renewal in fiqh. The ebook, besides the fact that, offers with even more than the maqasid, and immense examine is required to solve its complete contribution. This hugely expert, modern English translation of the paintings has been divided into 5 sections: the elemental techniques of the self-discipline * the ahkam (rules) and similar ideas * the criminal ambitions of the shari'a and the ahkam * the great therapy of the adilla (evidences) * the principles of ijtihad and taqlid. The formerly released quantity I (2011) handled the 1st key sections, and this present paperback variation of quantity II covers the 3rd half, facing the pursuits of shari'a.
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Additional info for Reconciliation of the Fundamentals of Islamic Law: Al-Muwafaqat fi Usul al-Shari’a, Volume II
It is possible to investigate discussions that are the basis of the disagreement in the issue of prayer in usurped land, but it does not affect our principle that has been mentioned. Disagreement is not visualized in it, as it has a rational basis; the disagreement is about linking, or not linking, cases to it. Elaboration of the Fourth Point The elaboration of the fourth point is from different perspectives: First: in so far as all of these categories are different with respect to the consideration of emphasis, then the necessities have the greater weight, followed by the needs and the complementary values.
In any case, what can be concluded from all this is that the aspect that is not preferred is not acknowledged as an objective by the shar#∏a18 when it exists together with the preferred aspect. Had it been intended by the Lawgiver, the command and the prohibition would have converged on a single act, and this would have led to the duty to do the impossible. The rule that applies to all cases subject to ijtih\d is the same, irrespective of whether we say that each mujtahid is right. There is no difference then whether the preferred aspects pertain to normal situations or to unusual circumstances.
He said: “One who needs to know the compatible interests and injuries, distinguishing the preferred from the others, must present them to his reason50 on the grounds that the Lawgiver has not intended these, and then he should base the a©k\m (rules) on his findings. ”51 This is his statement. The statement, in accordance with what has preceded, is subject to examination. As for what pertains to the Hereafter – that it cannot be understood except through the shar#∏a – it is as he has stated. With respect to his statement about worldly matters, it is not so in all respects; rather, it is so in certain cases and not in others.
Reconciliation of the Fundamentals of Islamic Law: Al-Muwafaqat fi Usul al-Shari’a, Volume II by Ibrahim Ibn Al-Shatibi, Imran Ahsan Khan Nyazee