Beyond the Five Essentials: A Study of Ibn Taymiyyah s Extension of Maqāsid al-sharῑ ah

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Beyond the Five Essentials: A Study of Ibn Taymiyyah s Extension of Maqāsid al-sharῑ ah Gowhar Quadir Wani Doctoral Candidate in Islamic Studies (Working on Maqāsid al-sharῑ ah) Aligarh Muslim

1 Beyond the Five Essentials: A Study of Ibn Taymiyyah s Extension of Maqāsid al-sharῑ ah Gowhar Quadir Wani Doctoral Candidate in Islamic Studies (Working on Maqāsid al-sharῑ ah) Aligarh Muslim University, Aligarh, UP, India, Contact No gowhar.rs@amu.ac.in gowharwani6@gmail.com India International Islamic Academic Conference 8-9 October, 2016, India Islamic Cultural Centre New Delhi, India

2 Beyond the Five Essentials: A Study of Ibn Taymiyyah s Extension of Maqāsid al-sharῑ ah ABSTRACT: Maqāsid al-sharῑ ah represents the higher objectives of Islam. According to Hashim Kamali, it refers to the goals and purposes of sharῑ ah either generally (almaqāsid al-āmmah) or in reference to its particular themes and subjects (al-maqāsid alkhāssah). The area of maqāsid al-sharῑ ah has caught the attention of many eminent Muslim scholars right from the medieval period up to the contemporary times. These include Juwayni, Ghazali, Qarafi, Ibn Taymiyyah, Ibn al-qayyim, Shatibi, etc. in the medieval period, and Ibn Ashur, Allal Alfasi, Ahmad al- Raysuni, Taha Jabir Alwani, Yousuf al- Qardawi, Jasser Auda, Dr. Khalid Masud, Nejatullah Sidiqui, etc. in the modern period. These scholars have dealt with the various themes related to maqāsid alsharῑ ah in diverse ways thereby enriching the maqāsid literature on one hand, providing effective tools to cope with the challenges of their times in order to sustain the claim of the universality of Islam, on the other. Ibn Taymiyyah, a widely celebrated Islamic personality, has made a significant contribution to maqāsid al-sharῑ ah by extending the scope of maqāsid to all aspects of sharῑ ah criticizing those who limit the same only to the five essential elements (protection and preservation of Dῑn, Self, Lineage, Intellect and Wealth). Thus, he included the fulfillment of contracts, preservation of relationship with the relatives, and respecting the rights of neighbours in the domain of maqāsid. His endeavour consists of restructuring the scope of maqāsid as a set of values secured in the spirit of the law. He gives preference to the interests of the soul to the interests of the body in his scheme of maqāsid. He argues in favour of understanding the Prophetic intent while studying the Prophetic narrations. It is unfortunate as well as embarrassing that Ibn Taymiyyah s contribution to maqāsid al-sharῑ ah has been ignored, although his contribution to other fields of Islamic scholarship like Islamic Political Theory, Islamic Legal Theory, etc. has been extensively studied. Drawing on Ibn Taymiyyah s disapproval of limiting the scope

3 of maqāsid to the five categories, in the recent discourse on maqāsid al-sharῑ ah, a common thread that connects the works of different scholars is their unanimous insistence on extending the scope of maqāsid beyond the five essentials so that the newly emergent issues can be dealt with in the light of maqāsid al-sharῑ ah. The present paper seeks to study the views of Ibn Taymiyyah regarding the extension of the domain of maqāsid al-sharῑ ah. Keywords: Maqāsid al-shari ah, Essentials, Universality of Islam, Scope of Maqāsid, Spirit of Islamic Law. Maqāsid al-sharῑ ah: An Introduction According to the Qur ān, Allah has not created anything in the heavens and the earth in vain. The purpose behind the creation of the universe and everything therein is to serve the humankind. But humankind itself, in Quranic terms, has been created to serve God. The divinely revealed guidance in the form of Qur ān and its Prophetic explanation is meant to teach humankind how to serve God in the best possible form. God being absolutely independent and not in need of anything, the service to Him is also meant to ultimately realize the welfare of mankind herein and hereafter. That is why the Quranic verses as well as the Prophetic narrations are replete with the rationale and wisdom behind the divine rulings prescribed for the benefit of humankind. Moreover, a thoughtful analysis of the overall body of Islamic rulings makes it manifest that Islam is meant to realize some higher objectives, goals and purposes to translate the welfare of humankind into a reality. These higher objectives, purposes, and intents behind the Islamic rulings are represented by the term maqāsid al-sharῑ ah in the Islamic legal discourse. The term maqsid (plural: maqāsid) refers to a purpose, objective, principle, intent, goal, end 1. Maqāsid of the Islamic law are the objectives behind the Islamic rulings. 2 According to Auda, maqāṣid al-sharīʿa is a system of values that could 1 Mohammad al-tahir ibn Ashur, Ibn Ashur, Treatise on Maqāsid al-sharῑ ah,trans. Muhammad el-tahir el-mesawi (London,Washington: International Institute of Islamic Thought (IIIT), 2006), p.2. 2 Ibid.p.183

4 contribute to a desired and sound application of the Shari a. 3 This concept has been employed as a legal hermeneutical tool in premodern Islamic law (or legal theory, uṣūl ul fiqh, to be more precise) at least since the third century Hijri. 4 It is based on the idea that Islamic law is purposive in nature, that is, to mean that the law serves particular purposes (e.g., promoting people s benefit and welfare and protecting them from harm) that are either explicitly present in or can be derived from the fountainheads of the sources of Islamic law, namely, the Qurʿān and the Sunna. Maqāṣid al-sharīʿah is also an umbrella term that includes many other concepts that have been closely linked to it in the premodern Islamic tradition, most notably the idea of public interests ( al masaliḥ alammah ) 5 and unrestricted interests (al-masaliḥ al mursalah ) 6, as well as other principles such as istiḥsān (juridicial preference), istisḥāb (presumption of continuity), and avoidance of mischief ( mafṣada ), all of which are considered to be directives in accordance with God s will. 7 Categories of Maqāṣid al-sharīʿah The scholars of Maqāṣid al-sharīʿah have attempted to classify them into various categories by employing different approaches each having its own significance. Based on the types of interests to be preserved by the Islamic law, maqāṣid are divided into the three types of essentials (darūriyyah), exigencies (ḥajiyyah), and enhancements (taḥsiniyyah). Based on the level of importance, maqāsid are divided into primary (aṣliyyah) and secondary (tābi ah). Keeping in view the extent to which they encompass the various rulings of Islamic law, maqāṣid are divided into general ( āmmah), specific 3 Jasser Auda, A Maqasidi Approach to Contemporary Application of the Sharῑ ah, Intellectual Discourse, 19 (2011),pp , Imran Nyazee, The Outlines of Islamic Jurisprudence (Islamabad: Advanced Legal Studies Institute, 2000), Abdul al-malik Ibn Abdullah, Al-Juwayni, Al-Burhan fi usul al-fiqh (annotated by Abdul-Azim al-deeb) (Qatar: Wazarat al-shu un al-diniyyah, 1400 AH ),p Abū Hāmid Al-Ghazālῑ, Al-Mustasfa fi Ilm al- Usūl, Vol. 1 (Beirut: Dar al-kutub al-ilmiyyah, 1413),p Hashim Kamali, The Principles of Islamic Jurisprudence (Cambridge: Islamic Texts Society, 1991), p. 235.

5 (khāṣṣah), and partial (juz iyyah). 8 A detailed discussion of all these types is beyond the scope of this paper, therefore, it will focus on only the first type, the essential aims. Essentials: Imam Abu Bakr al-shatibi defined essentials as follows: They mean those things that are inevitable for the realization of the religious and worldly benefits so much so that their absence results not only in the impossibility of the actualization of worldly aims but also in corruption, hardship, and loss of life in this world; and in the loss of eternal salvation and bliss, in the hereafter thus leading to an overall destruction. 9 Ghazali has placed great emphasis on the safeguarding of five Maqāsid. He says: The objectives of the sharῑ ah regarding human beings are five: protection of their faith, life, intellect, progeny, and wealth. Whatever brings about the protection of these five essentials is maṣlaha (public interest ) and whatever results in their loss is mafsadah (public harm) and uprooting the same is maṣlaha. 10 Ghazali, Subki, al-fattuhi, etc. identified the essential aims in the descending order of priority as religion, life, intellect, progeny and wealth. However, Imam al-shatibi placed these essentials in a different order, viz. religion, life, progeny, property, and reason. Moreover, al-tufi and Ibn al-subki added a sixth essential, that of honour arguing that sensible people would most often be willing to sacrifice their lives and wealth in defense of their honour. 8 See, Mufsir ibn Alῑ al-qahtānῑ, Understanding Maqāṣid al- Sharῑ ah (London: IIIT, 2015), pp. 17, 24, 26 9 Al-Shatibῑ, Al- Muwāfaqāt (Egypt: Al Maktabah al-tijāriyyah, n.d.), Vol.2, p.7 (The passage has been translated into English by the author of this paper. Unless otherwise mentioned, the translation of all the passages/quotes into English is the author s own attempt). 10 Al-Ghazali, Al-Mustasfa (Bayrut: Dar Ihya al- Turath al- Arabi, 1997), Vol. 1, p.217

6 Therefore, anything that is defended with something essential should also be regarded as essential. 11 These five objectives are essential in the sense that their actualization is indispensable for the normalcy and stability of the society. Any loss to these five essentials is symptomatic of an unhealthy and chaotic society. The sharῑah seeks not only to protect and preserve these objectives but also takes adequate measures to ensure the same. Jihad is validated in Islam for safeguarding religion while as just retaliation (qiṣāṣ) is meant to serve the preservation of life. The punitive measures validated in the sharῑah are also meant to ensure the protection and enhancement of these essential values. Theft, adultery and wine-drinking are punishable offences as they pose a threat to the protection of private property, the well-being of the family, and the integrity of human intellect respectively. 12 All the laws of sharῑah are, in one way or the other, related to the protection and promotion of the five essentials making them an all-encompassing theme as well as an embodiment of the primary and overriding objectives of the shariah. 13 Ibn Taymiyyah s Extension of Maqāṣid al-sharῑ ah Notwithstanding the overriding nature of the five essentials, they are not the only objectives of the sharῑah. There are many others indicated by the Quran as well as Sunnah or inferred from same by the scholars. Therefore, while these five are regarded as the primary objectives, others may be considered as their corollaries. The realization of the corollaries is also essential failing which the realization of the primary objectives may also become impossible. The wellknown legal maxim something without which an obligation cannot be fulfilled is also obligatory is reflective of the significance of the objectives of sharῑah other than the five essentials. 11 Mufsir ibn Alῑ al-qahtānῑ, op.cit. p Mohammad Hashim Kamali, Maqāṣid al-sharῑ ah: The Objectives of Islamic Law in Islamic Studies (Islamabad: IRI, IIU, 1999), Vol.38, No.2, p Ibid. p.196.

7 Taqi al Din Ibn Taymiyyah was probably the first scholar who turned away from confining the maqāṣid to a specific number. Extending the scope of maqāṣid, he added to the list such things as fulfilment of contracts, preservation of the ties of kinship, honouring the rights of one s neighbour, in so far as the affairs of this world are concerned, and the love of God, sincerity, trustworthiness, and moral purity, in relationship to the hereafter. 14 He differs from the classical scholars regarding the identification of the primary purposes of law. While he recognizes that the primary purpose of sharῑah is to protect and promote one s religion, life, offspring, intellect and wealth, he argues that the first or the overriding purpose should be man s obedience and submission to God. Believing in the oneness of God and absolute obedience to Him is the highest purpose. Thus, promoting spirituality in man and protecting his soul from disobeying God comes first in his understanding of maqāṣid. 15 Ibn Taymiyyah makes an elaborate discussion on the virtues of patience, tolerance, bravery, etc. to include them in the objectives of sharῑah. He says that patience and certitude are the qualifications for leadership in religion. The welfare of the believers as well as humanity cannot be realized without the virtues of patience and forbearance. 16 Ibn Taymiyyah s insistence on regarding the ethical virtues like patience, forbearance, tolerance, etc. as the very objectives of the sharῑah is worth mentioning in the present condition of Islamic Jurisprudence manifesting dominance of legalistic tendencies and negligence of ethical concerns. 14 Ibid. p S.L.M. Rifai, The Legal Doctrines of Maqāṣid al Sharῑ ah With Particular Reference to the Works of Imam al-shatibi: Historical and Practical Dimensions (Ph. D Thesis) (London: SOAS, University of London),p.85(PDF version) 16 Ibn Taymiyyah, Majmū al Fatāwā, ed. Abd al-rahmān ibn al- Ᾱṣimῑ (Riyadh:Matabi Riyadh, 1963),Vol.28, p.153.

8 Another important thing Ibn Taymiyyah included among the objectives of sharῑah is the unity of Muslim Ummah. Referring to the Quranic verse, And hold fast, all of you to the cord of Allah, and separate not (03:103) 17, he says: Among the grand principles that form the basis of Islam and strengthen its integrity are the mutual affection, unity, and harmony. Allah has made jamā ah (living together or mutual coexistence) the pillar of His religion and prohibited the partisanship as the latter causes corruption and leads to the suspension of the commandments. 18 Ibn Taymiyyah discusses at length about establishing justice and removing injustice from society. He emphasizes: Justice towards everything and everyone is an imperative for everyone, and injustice is prohibited to everything and everyone. Injustice is absolutely not permissible irrespective of whether it is to a Muslim or a non- Muslim or even to an unjust person. 19 He vehemently asserted that God upholds a just state even if it is non-believing, but does not uphold an unjust state even if it is believing. 20 In a similar fashion, Ibn Taymiyyah includes the issues like da wah, jihād, struggle against one s base desires, etc. among the objectives of sharῑah and provides convincing evidences from the Quran and Sunnah regarding the same. To conclude, Ibn Taymiyyah s work regarding maqāṣid al sharῑah is remarkably worth mentioning and worth researching which has been overshadowed by the dominant interest in other aspects of Ibn Taymiyyan studies especially his political thought. The significance of his extension of maqāṣid al sharῑah beyond the five essentials lies in the fact that several important issues 17 Abdul Majid Darybadi, Tafsῑr-ul Qur ān (Lucknow, India: Academy of Islamic Research and Publications, 2007), Vol.1, p Ibid, Vol.24, p Ibid, Vol.8, p Ibn Taymiyyah, Al-Ḥisbah fῑ al-islām, ed., Abd al-aziz Rabah (Damascus: Maktabah Dār al-bayān, 1967), p. 94.

9 have come to fore which otherwise had got marginalized due to the confining of maqāṣid to the five essentials. It is reflective of the encouragement of dynamism and critical thinking as well as disparaging of stagnation in Islam. Moreover, many contemporary scholars like Yusuf al-qardawi, Ibn Ashur, etc. have not only acknowledged Ibn Taymiyyah s widening of the scope of maqāṣid but also taking inspiration from him made significant additions like those of human rights, women s empowerment, economic development, etc. to the objectives of sharῑah. Ibn Taymiyyah serves not only as a reference source for these scholars endeavouring to widen the scope of maqāṣid in contemporary times but also provides legitimacy to their efforts. Those who label the efforts of these scholars as innovations in religion or reject them as modernist tendencies can find the erroneous nature of their opinions as well as the superficiality of their claims through a deep, careful, and unbiased study of Ibn Taymiyyah s works.

10 References: Al-Ghazali, Abu Hamid. (1413AH), Al-Mustasfa fi Ilm al Usūl, Beirut: Dar al-kutub al- Ilmiyyah. (1997), Al-Mustasfa, Beirut: Dar Ihya al- Turath al- Arabi. Al-Juwayni, Abdul al-malik Ibn Abdullah. (1400 AH ), Al-Burhan fi usul al-fiqh (annotated by Abdul- Azim al-deeb), Qatar: Wazarat al-shu un al-diniyyah. al-qahtānῑ, Mufsir ibn Alῑ. (2015), Understanding Maqāṣid al- Sharῑ ah, London: IIIT. Al-Shatibῑ.(n.d.), Al- Muwāfaqāt, Egypt: Al Maktabah al-tijāriyyah. Auda, Jasser. (2011), A Maqāsid i Approach to Contemporary Application of the Shari ah, Intellectual Discourse. Vol.19. Darybadi, Abdul Majid. (2007), Tafsῑr-ul Qur ān, Lucknow, India: Academy of Islamic Research and Publications. ibn Ashur, Mohammad al-tahir. (2006), Ibn Ashur s Treatise on Maqāṣid al-sharῑ ah, trans. Muhammad el-tahir el-mesawi, London,Washington: International Institute of Islamic Thought (IIIT). ibn Taymiyyah. (1967), Al-Ḥisbah fῑ al-islām, ed., Abd al-aziz Rabah, Damascus: Maktabah Dār al-bayān. (1963), Majmū al Fatāwā, ed. Abd al-rahmān ibn al- Ᾱṣimῑ, Riyadh:Matabi Riyadh,,Vol.28. Kamali, Hashim. (1991), The Principles of Islamic Jurisprudence, Cambridge: Islamic Texts Society. (1999), Maqāṣid al-sharῑ ah: The Objectives of Islamic Law in Islamic Studies Islamabad: IRI, IIU, Vol.38, No.2. Nyazee, Imran.(2000), The Outlines of Islamic Jurisprudence, Islamabad: Advanced Legal Studies Institute. Rifai, S.L.M.(n.d.), The Legal Doctrines of Maqāṣid al Sharῑ ah With Particular Reference to the Works of Imam al-shatibi: Historical and Practical Dimensions (Ph. D Thesis), London: SOAS, University of London.

ASB/ASN Investment from the Maqasid al-shari ah Perspective. Assoc. Prof. Dr. Mohamed Azam Mohamed Adil Deputy CEO, IAIS Malaysia.

ASB/ASN Investment from the Maqasid al-shari ah Perspective Assoc. Prof. Dr. Mohamed Azam Mohamed Adil Deputy CEO, IAIS Malaysia. Introduction Lately, debate over the permissibility of ASB/ASN occurs again.