By Ahmad Al-Raysuni
The writer holds a doctorate in Islamic stories from Muhammad al-Khamis college, Rabat,
Morocco. He has labored on the Ministry of Justice, is the editor of al-Tajdid newspaper, and a mem -
ber of Jam¢iyat al-¢Ulama (the organization of Muslim students) in Morocco. Professor Raysuni has
written a couple of books and papers on al-Maq¥|id in Arabic a few of which were translated
into different languages. He at present teaches U|‰l al-Fiqh and Maq¥|id al-Shari¢ah on the university of
Arts and arts, collage of Muhammad al-Khamis.
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Extra resources for Imam al-Shatibi : Theory of the Higher Objectives and Intents of Islamic Law
Consequently, it is not the founder, but the successor who becomes more worthy of a following, since it is he who unites the various schools around what his predecessor established. 42 Although al-Ghaz¥lÏ offered little that was new in his first work on u|‰l al-fiqh, namely, al-Mankh‰l min Ta¢lÏq¥t al-U|‰l, he progressed clearly in the realms of revision and development in his book entitled Shif¥’ al-GhalÏl fÏ Bay¥n al-Shabah wa al-MukhÏl wa Mas¥lik alTa¢lÏl, after which he made even more distinctive, mature contributions in al-Musta|f¥ min ¢Ilm al-U|‰l.
22 Yet just as the expansion of u|‰l al-fiqh may be attributed more accurately and fully to al-B¥qill¥nÏ than to ¢Abd al-Jabb¥r, the influence spoken of by Abd al-Razzaq was more relevant to alB¥qill¥nÏ than it was to ¢Abd al-Jabb¥r; for there can be no doubt that al-B¥qill¥nÏ lived during the 4th Century AH, whereas ¢Abd alJabb¥r also lived a good part of his life during the 5th Century AH. This said, we now move to the most prominent links in the chain of u|‰liyy‰n who dealt, to one extent or another, with the objectives of Islamic Law.
Hence, following the preface in which I review the notion of ‘objectives’ as found in the writings of the u|‰liyy‰n* and xxxvi higher objectives of islamic law in the Malikite school of jurisprudence, I have included a chapter on al-Sh¥~ibÏ and his writings – an addition which I view as essential given the fact that what has been written about him thus far is still exceedingly sparse, and this despite the tremendous esteem and interest which al-Sh¥~ibÏ has come to enjoy. Indeed, who could fittingly undertake a study of the objectives of Islamic Law without also undertaking an in-depth study of the objectives which were dearest to al-Sh¥~ibÏ’s own heart?