Treatise on Maqasid al-Shariah by Muhammad Al-Tahir Ibn Ashour

By Muhammad Al-Tahir Ibn Ashour

Shaikh Muhammad AL-Tahir ibn Ashur is the main popular Zaytuna Imam and one of many nice Islamic students of the twentieth century. The book of this translation of Shaikh Ibn Ashur's Treatise on Maqasid AL-Shari'ah is a leap forward in reports on Islamic legislations within the English language. during this e-book, Ibn Ashur proposed Maqasid as a strategy for the renewal of the idea of Islamic legislations, which has no longer gone through any severe improvement because the period of the nice imams. Ibn Ashur - relatively courageously - additionally addressed the delicate subject of the intents/Maqasid of Prophet Muhammad (SAAS) in the back of his activities and decisions.

He brought standards to distinguish among the Prophetic traditions that have been intended to be a part of Islamic legislations and the Prophetic actions/sayings that have been intended to be for the sake of particular reasons resembling political management, court docket judgment, pleasant recommendation, and clash solution. yet Ibn Ashur's most important contribution during this publication has been the improvement of recent Maqasid through coining new, modern, terminology that have been by no means formulated in conventional usul AL-fiqh.

For instance, Ibn Ashur built the idea of the 'protection of actual trust' into 'freedom of beliefs', and so on. He additionally brought the suggestions of 'orderliness', 'natural disposition', 'freedom', 'rights', 'civility', and 'equality' as Maqasid of their personal correct, and upon which the entire Islamic legislation relies. This improvement opens nice possibilities for Islamic legislation to handle present and actual demanding situations for Muslim societies and Muslim minorities.

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3 The third case consists of such things as the statement of God’s Messenger (ßAAS) to Hind bint ¢Utbah, the wife of Ab‰ Sufy¥n. When she told him: “O God’s Apostle! ”4 Scholars have also differed regarding the connotation of this statement. Did the Prophet (ßAAS) make it in his capacity as conveyor and transmitter of revelation and deliverer of religious edicts? Therefore, is it permissible for anyone who claims what is rightfully his, or the equivalent of what is rightfully his, to take it without the knowledge of his rival?

We used to rent the land on the basis that the yield of a specific portion of it was to be given to the landlord. , while the rest remained safe and vice versa, so the Prophet (ßAAS) forbade this practice. 17 Hence, he understood the reason for this prohibition to be the risk entailed in the contracts that his people used to conclude. qxp 24 13/9/06 11:07 Page 24 ibn ashur treatise on maq®ßid al-shari¢ah Second Example: In the chapter “The Delegation of the Yemen” (Wafd al-Yaman), Bukh¥rÏ narrated that Khabb¥b ibn al-Aratt went to visit ¢Abd All¥h ibn Mas¢‰d.

Is it not clear that we are quite certain that the meaning of the phrase “Fasting is prescribed (kutiba) for you” (2:183) is that God has made the fast obligatory? If someone were to say that the apparent meaning of this expression is that fasting is written on paper, that person would be absolutely wrong. Because the text of the Qur’an is established beyond any doubt (qa~¢Ï) by continual multiple transmission (mutaw¥tir), there is certainty in attributing its content to the Lawgiver. Nevertheless, because the meaning of its verses might be conjectural and speculative (·annÏ), it is required for our purpose that their signification be clear so that it would preclude the possibility of the existence of another meaning.

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