Imam Abu Ishaq al-Shatibi was an Andalusian Sunni Islamic legal scholar
following the Maliki madhab. He died 1388 (8th
Shabaan 790 H) in Granada. Imam
Shatibi's full name was "Ibrahim bin Mosa bin Muhammad al-Shatibi
al-Gharnati". His family's descent was from the Banu Lakhm. His Kuniyat was "Abu
Ishaq" and his surnames were "Al-Lakhmi",
"Al-Gharnati", "Al-Maliki" and "As-Shatibi". The
date and place of his birth are unknown. However, one of his surnames,
"As-Shatibi", points to the city Jativa, which indicates that he was a descendant of
the migrants from that town.
He
belonged to the Maliki legal tradition and was one of its Imams, although of
course he shunned blind partisanship or sectarianism based on legal schools, as
did all the great Imams of the legal schools (madhahib). Furthermore, as
he states clearly near the beginning of his magnum opus in the field of Islamic
Law, Al-Muwafaqat, his seminal and highly-influential development of the
theory of maqasid and maslaha (Islamic law based on its universal
objectives and public benefit) is actually a synthesis of the principles of the
two oldest and complementary Sunni schools of law, viz. the Hanafi and Maliki madhhabs.
This synthesis provides the basis for a holistic, unified approach to Islamic
law that accommodates all the recognised madhhabs, rather than a
divisive approach based on rigid and partisan madhhab-ism.
His
most important work is the Muwafawat fi usul al-sharia a treatise that
contributed immensely to the conception of Islamic law, particularly the
concept of maslahah(benefit or public interest). He held that the language of
the Quran and Sunna is the key for ijihad and the ijtihad of someone who is
deficient in it is unacceptable. “If it is established that
a person is a beginner in his understanding of the Arabic language, then he is
a beginner in understanding Shari’ah; if he is average in his understanding of
Arabic, then he his average in his understanding of Shari’ah and if he attains
mastery in his understanding of Arabic, then the same will hold true for his
understanding of Shari’ah. Thus, [if he masters the language] his understanding
of the Shari’ah and its objectives will be like the understanding of the
Companions.”
His books:
1.
Al-Aitesaam This famous book of Imam Shatibi is
the ultimate encyclopedia on the topic of defining religious innovations. It
consists of 10 chapters. The introduction is written by Syed Rasheed Radha
Al-Misri. This mammoth book was published by Dar al-Kutb Al-Arabiya (Qairo
1331H / 1913 AC).
2.
Al-Muwafaqaat
fi Usool al-Sharia
This is also one of Imam Shatibi's best known books. It is on the topic of Usul
al-fiqh - Islamic
Jurisprudence and Maqasid Al-Sharia (higher objectives). It was published by
Dawlat Al-Tunisia (1302 H Tunisia) in four volumes.
3.
Shara
ala al-Khutasa this book
is about Elm-Nahu.
4.
Al-Itifaq
fi Elm al-Ishtiqaq
This book was on the topic of Elm-Sarf, but it was lost during his life.
5.
Kitab
al-Majalis This book included commentary on Sahih
Bukhari book
al-Kitab Al-Biyooh.
6.
Kitab
Al-ifidaat wa Al-inshadaat
This book included two volumes on Literature.
MAQASID AL-SHARIAH
Maqasid
al-Shariah comprise of those benefits/welfare/advantages for which Allah has
revealed His Shariah, it aims at the attainment of good, welfare, advantage,
benefits, and warding off evil, injury, loss for the creature.
Classification of Maqasid al-Shariah:
1 1 ) Daruriyyah
2) Hajiyyah
3) Tahsiniyyah
— DARURIYYAH(NECESSITIES): These are the objectives which are
must and basic for the establishment of welfare in this world and the world
hereafter in the sense that if they are ignored then the coherence
and order cannot be established and fasad (chaos and disorder) will
prevail in this world and there will be obvious loss in the world hereafter. Daruriyyah
relates to five things:
1.
Protection of Faith (din)
2.
Protection of Life (Nafs)
3.
Protection of Posterity (Nasl)
4.
Protection of Reason (Aql)
5.
Protection of Property (Mal)
According
to Shatibi, these five protections are daruriyyah, for the establishment of
welfare in this world as well as in the world hereafter. The protection of the
above mentioned elements can be made possible through two types of essential
elements: -Necessities required for bringing into and maintaining the very
existence of the above mentioned elements.They necessities required for protecting these elements from their
destructions
— HAJIYYAT (REQUIREMENTS): Those
goods and services aim at facilitating life or removing hardships and
compatible with the Shariah. Mudharabah, Musyarakah, Bai’ Bithamin Ajil. The
exploitative, usurious and doubtful dealings and contracts have also been
forbidden for the same purpose.
—TAHSINIYYAT(Beautification):
Shariah beautifies life and puts comfort into it. There are several provisions of Shariah which
are meant to ensure better utilization, beautification of daruriyyah and
hajiyyah. For example, permission to use beautiful, comfortable things: to eat
delicious food; to have cold drinks and juices; to wear fine clothing and so on.
RELATIONSHIPS
BETWEEN DARURIYYAH, HAJIYYAH AND TAHSINIYYAH:
Daruriyyah is fundamental to hajiyyah and tahsiniyyah,
therefore, Deficiency in daruriyyah brings deficiency to hajiyyah and
tahsiniyyah. Whereas deficiency in hajiyyah and tahsiniyyah does not
necessarily affect daruriyyah. On the other hand, An absolute deficiency in
hajjiyyah and tahsiniyyah may bring deficiency in some extent to daruriyyah.
Process...........
