Maqashid Sharia

Iman Al-Shatibi's Theory of Higher Objectives and Intents of Islamic Law

Written by Dr. Ahmad Al-Raysuni translated by Nancy Roberts

1433 AH / 2011 CE
The International Institute of Islamic Thought
London, UK & Washington, USA

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Dimensions of the Theory

Al-Shatibi's theory of objectives is not found exclusively in the section of al-Muwafaqat devoted to this theme, namely, 'The Book of Higher Objectives' of which I have just presented a synopsis. Rather, it finds its way into the majority of al-Shatibi's writings. This being the case, 'The Book of Higher Objectives' is not sufficient in and of itself for a complete elucidation of the theory of objectives, its various dimensions, and its effects.
In all that al-Shatibi's writes, one finds that 'the objectives' are his companion, present in his words, exercising their sway over his views and rendering them more profound and discerning, while his views, in turn, render his theory clearer and more comprehensible. In fact, anyone who studies al-Shatibi will conclude that he wrote about nothing but maqaqshid al-shari'ah and their outcomes.

This section still engaged in the presentation of the theory, and in what follows I will deal in some detail with the imprints left by 'objectives' in three particular realms, namely: (1) the five essentials (elsewhere than in "The Book of Higher Objectives', (2) questions relating to actions classified as mubah, or permissible (under the rubric of al-ahkam al-taklifiyyah, that is, rulings which define legal obligations), and (3) causes and outcomes (under the rubric of al-ahkam al-wad'iyyah), or rulings which specify causes, conditions, and or constraints on such obligations).

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1. The Five 'Essentials'

From his initial introductions to al-Muwafaqat, al-Shatibi begins raising issues relating to the objectives of Islamic Law and relying on his analysis of such issues for support and clarification of his views as they relate to the fundamentals of jurisprudence. In the first introduction, which he devotes to the claim that the fundamentals of Islamic jurisprudence are founded on the universals of the Law, which can be nothing other than definitive. He states, "What I mean by 'universals' here are: the essentials, exigencies and embellishments.

The definitive nature of these universals is beyond dispute. As al-Shatibi puts it, "The Muslim community - and, indeed, all religions - are in agreement that the Law was established to preserve the five essentials, namely, religion, human life, progeny, material wealth, and the human faculty of reason. Moreover, knowledge of these universals is also considered essential by the Muslim community."

From the introductions we move to 'The Book of Evidence' (Part 3 according to the book's division in modern printings), where al-Shatibi lays the general foundation for examining legal evidence. In Question 8, for example, he states "If, among the laws established in Madinah, you find a universal principle, then think carefully on it and you will find that in relation to that which is still more general, it is a specific, or a complement to a universal principle. Evidence of this may be seen in the fact that the universals which the Shari'ah has commanded us to preserve are five, namely: religion, human life, the faculty of human reason, progeny, and material wealth."

What al-Shatibi means by this statement is that even if what are considered to be universal principles of general rules are found among the various forms of legislation which were instituted in (p.138) Madinah, they are, in reality, no more than branches of the more general and more important universals which, given their significance, were revealed in Makkah. Hence, the higher objectives of the Law and its principle foundations were secured in the Makkan Qur'an side by side with the fundamentals and principles of Islamic doctrine. Al-Shatibi then goes on to trace the five universals (or essentials) to their supporting evidence in the Makkan Qur'an.

As for the preservation of (the Islamic) religion and the correction and consolidation of faith in the Makkan Qur'an, it is a matter so familiar and clear to many that it requires no evidence or examples to be cited in its support. In fact, there has come to be a widespread, albeit mistaken, belief that this is all that the Makkan Qur'an consisted of. However, Imam al-Shatibi corrects this notion by presenting what the Makkan Qur'an contained by way of legal principles and universals.

In connection with the preservation of human life, for example, we read, "...and do not take any human being's life - (the life) which God has declared to be sacred." (Qur'an, 81: 8-9).

Preservation of human life includes the preservation of the faculty of reason, while the complement to the preservation of the faculty of reason may be seen in the Madinan prohibition of intoxicants and the establishment of a penalty for its violation. Hence, the