Inquiries on the Science of the Objectives of Sharia (Part 8)
2. Terminology of the Objectives of Sharia in the Books of Principles of Jurisprudence (Figh)
After the age of prophecy, the second stage of this science begins. There is no reliable information about who initiated the study of the objectives of Sharia as a science, but Hakim Tirmidhi, a third-century scholar who wrote a book called “Al-Salaat Wa Maqasedaha,” appears to be one of the pioneers in this field.
To derive rulings on new issues from the principles of Sharia, the foundations of jurisprudence were created and compiled. Along with the issues of the science of the principles of jurisprudence, the objectives of Sharia were also addressed, and principles and rules were established for them. However, these rules and principles were not independent; they were interlinked with the rules of the science of principles of jurisprudence, such as cause, wisdom, condition, etc., which are among the most important topics of jurisprudence and are intrinsically related to the objectives of Sharia.
3. The Objectives of Sharia as an Independent Science
In the third stage, the subjects of the objectives of Sharia were discussed in the books on “Principles of Jurisprudence” under independent titles and topics, with some scholars composing entire volumes on this area. One notable figure, Imam al-Haramain, Abul Ma’ali Abd al-Malik bin Abdullah bin Yusuf al-Jawini, a 5th-century scholar, authored “Al-Burhan fi Al-usul al-Fiqh,” which is an independent work that discusses the division of causes and principles through which objectives and benefits emerge.
Imam Taj al-Din Sabaki Shafe’i, a scholar of the 8th century, remarks on this book: “Imam Al-Haramain has written ‘Al-Burhan’ in the science of principles of jurisprudence in a new style, and in this effort, he has not imitated anyone; that is, it is a book that has no peer in terms of the innovation of topics and arrangement.”
Following Imam Al-Haramain, his student Imam Ghazali (may Allah have mercy on him; died 505 A.H.) based on his intellectual prowess, played a pivotal role in compiling the science of objectives of Sharia. In his noteworthy works “Shifa Al-Ghalil,” “Al-Munkhul,” and “Al-Mustasfi,” he explored new topics related to the objectives. Nearly a century later, the esteemed scholar Sheikh Izz Al-Din bin Abdul Salam (died 660 AH) contributed to the field by authoring an original work on the science of objectives, titled “Qawam al-Ahkam fi Masael al-Anam.”
After him, his student Imam Shahab al-Din Qarafi (died 685 A.H.) followed his master’s approach and dedicated attention to compiling the rules and regulations of this science, further enriching the subject in his writings. His book “Al-Forouq” is particularly praiseworthy in this regard.
In addition, Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him; died 728 AH) introduced new issues in this field. Furthermore, Allama Ibn Qayyim al-Jawziyya (may Allah have mercy on him; died 751 AH), a student of Ibn Taymiyyah, discusses this topic articulately in his work “Ehlam al-Muhaqin an Rab al-Alamin,” wherein he writes:
“In this world and the Hereafter (Day of the judgement), the foundation of Sharia is based on the interests and wisdom of the servants. Therefore, Sharia encompasses justice, mercy, and expediency. Any issue that deviates from justice to injustice, from mercy to anger, from expediency to corruption, and from wisdom to absurdity is not considered part of Sharia, even if it is misinterpreted as being within Sharia.”
Finally, in the 8th century, Imam Shatebi (may Allah have mercy on him; died 790 AH) emerged in the western region of “Andalusia and Spain today,” earning the title Sheikh al-Maqasid. His invaluable book “Al-Mawafaat fi Al-usul al-Sharia” is noteworthy regarding the objectives. In this volume, he discusses the “Kitab al-Maqasid” and elaborates on the principles of Sharia objectives.
Shaykh al-Islam Imam Tahir bin Ashour Maliki Tunsi (died 1393 AH) remarks about Imam Shatebi: “Imam Shatebi is the only scholar who compiled this science independently and distinctly.”
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