Abū Ishāq ash-Shātibī

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Abū Ishāq Ibrāhīm Ibn Mūsā ash-Shātibī ( Arabic إبراهيم بن موسى الشاطبي, DMG Abū Isḥāq Ibrāhīm Ibn-Mūsā aš-Šāṭibī ; died 1388 ) was a Maliki Usūl scholar from al-Andalus , who was mainly responsible for his utilitarian theory of the three "purposes of Sharia " ( maqāṣid aš-šarīʿa ) as well as the doctrine of the so-called "optional use" ( maṣlaḥa mursala ) in the Qiyās method is known.

Ash-Shātibī developed these teachings in his legal theoretical work al-Muwāfaqāt fī uṣūl aš-šarīʿa ("The correspondence in the foundations of Sharia ") and in his work al-Iʿtiṣām ("The holding on"). In al-Muwāfaqāt , al-Shātibī declares that the provisions of religious law ( aš-šarāʾiʿ ) are drawn up solely for the short-term and long-term good of the people. Here he traces the "purposes of Sharia" ( maqā aid aš-šarīʿa ) back to three "universal principles" ( kullīyāt ), namely the protection of "necessary things" ( ḍarūrīyāt ), the safeguarding of "necessities" ( ḥāǧīyāt ) and promotion the "improvements" ( taḥsīnāt ). The "necessary things" are everything that is indispensable for the performance of religious and worldly affairs, because in their absence worldly things are ruined, life is in danger and salvation in the hereafter is also lost.

In al-Iʿtiṣām , Ash-Shātibī points out the difference between Maslaha mursala on the one hand and inadmissible innovations and "considerations of equity" ( istiḥsān ) on the other. In the theory of Qiyās , a Maslaha mursala is a benefit in the initial case for which the basic religious texts contain no evaluative statements. For an act to qualify as Maslaha mursala , according to ash-Shātibī, three conditions must be met: (1) It must be consistent with the purposes of the Sharia so that it does not contradict any of its principles; (2) it must be rationally proportionate so that it is immediately apparent to reason; (3) It must take its starting point from the preservation of a necessary thing, a commodity or an improvement. While the Maslaha mursala agrees with the purposes of the Sharia, the Bidʿa is contrary to them. Furthermore, in contrast to the Maslaha mursala , the Bidʿa does not concern worldly things, but the worship service. While the Maslaha mursala seeks to obtain a necessary thing or good, or to remove an affliction, the goal of the Bidʿa is an additional obligation.

Ash-Shātibī called his work al-Muwāfaqāt so because he aimed at a balance between the two teachings of Abū Hanīfa and the Malikite Ibn al-Qāsim. Thus it should be shown that the Hanafi "consideration of equity" ( istiḥsān ) and Maliki "orientation towards the common good" ( istiṣlāḥ ) coincided in principle. An English translation of Imran Ahsan Khan Nyazee's work was published in 2011 under the title The reconciliation of the fundamentals of Islamic Law (Reading, UK: Garnet Publishing, ISBN 978-1-85964-267-2 ).

literature

  • Maribel Fierro: Art. " Al- Sh āṭibī" in The Encyclopaedia of Islam. New Edition Vol. IX, pp. 364a-365a.
  • Wael B. Hallaq : A History of Islamic Legal Theories. An Introduction to Sunnī Uṣūl al-fiqh. Cambridge: Cambridge University Press 1997. pp. 162-206.
  • Muhammad Khalid Masud: “Abū Isḥāq al-Shāṭibī (d. 790/1388)”, in: Oussama Arabi, David Stephan Powers, Susan Ann Spectorsky: Islamic Legal Thought. A Compendium of Muslim Jurists Brill Academic Pub, 2013, ISBN 978-90-04-25452-7
  • Muhammad Khalid Masud: Islamic Legal Philosophy: A Study of Abu Ishaq al-Shatibi's Life and Thought , McGill University 1977.
  • Muhammad Khalid Masud: Shātibī's Philosophy of Islamic Law . Adam Publishers, New Delhi, 2006.
  • Muṣṭafā Zaid: al-Maṣlaḥa fī t-tašrīʿ al-islāmī . Dār al-Yusr li-ṭ-Ṭibāʿa wa-'n-Našr, Cairo, 2004. pp. 200–204.

Individual evidence

  1. ↑ Cf. Zaid: al-Maṣlaḥa fī t-tašrīʿ al-islāmī . 2004, p. 200.
  2. ↑ See Hallaq: A History of Islamic Legal Theories. 1997. p. 168.
  3. ↑ Cf. Zaid: al-Maṣlaḥa fī t-tašrīʿ al-islāmī . 2004, p. 202.
  4. ↑ See Masud: Shātibī's Philosophy of Islamic Law . 2006, p. 219f.
  5. ↑ Cf. Zaid: al-Maṣlaḥa fī t-tašrīʿ al-islāmī . 2004, p. 203.
  6. ↑ See Masud: Shātibī's Philosophy of Islamic Law . 2006, p. 117.
personal data
SURNAME Shātibī, Abū Ishāq asch-
ALTERNATIVE NAMES Shāṭibī, Abū Isḥāq al-; Šāṭibī, Ibrāhīm Ibn-Mūsā aš
BRIEF DESCRIPTION Maliki Usūl scholar
DATE OF BIRTH 14th Century
DATE OF DEATH 1388