25 May 2019
20 Ramadhan 1440
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The Jurisprudence of Sharīʿah Objectives and Interests between al-ʿIzz Ibn ʿAbd al-Salām and Abū Isḥāq al-Shāṭibī: Comparative Study

By ʿAbd al-Nur Bazza
0.984 kg

This book is important and worthy of interest, comprising a study of the jurisprudence of objectives and interests (fiqh al-maqāṣid wa-l-maṣāliḥ) that compares between al-‘Iz bin ‘Abd al-Salām and Abu Isḥāq al- Shāṭibī. In the introduction, the author explains the terms he uses in the title. Subsequently, he presents the available information on key events of the times in which both Imams lived, as well as their biographies, and methodology, in the first chapter. In the second chapter, he provides a narrative of the gradual evolution of the discipline of jurisprudence of objectives and interests in the historical context; how it originated; how it evolved; and to which point it advanced. In Chapter 3, he turns attention to considering the most important issues within the jurisprudence of objectives and interests from the perspectives of these two eminent, contrasting authorities. In this context, he focuses on those matters that relate to our present concerns regarding knowledge and society, refers to seven significant issues, namely objectives (maqaṣid) and interests (maṣaliḥ); worship (‘ibadah) and causation (ta‘līl)); interests between reason (‘aql) and text (naṣ); objectives and means (wasā’il); the juxtaposition (tamazuj) and rational weighting (tarjīḥ) of interests and harms (mafasid); public (‘āmah) interests and specific (kifā’iyah) objectives; and, finally, objectives and consideration of consequences (ma’ālat). This study advances research from the typical consideration of one or other Imam’s thought, in isolation, to the comparative treatment; here represented in exploring the jurisprudence of objectives and interests from the standpoint of two prominent authorities. All the while, it focuses on useful cases related to current concerns about knowledge and society, and excludes others that have served a purpose in their time, and whose repetition is of no value today.


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