Causation Based on Wisdom: Admissibility and Instances in Islamic Law and Jurisprudence (the Work of Shaykh Muhammad Mustafa Shalabi as a Model)

By Mohamed Selim Elawa | Publisher: Al-Furqan Islamic Heritage Foundation

About the book

This lecture formed part of the proceedings of the training course organised by the Centre for the Study of the Philosophy of Islamic Law at AlFurqān Islamic Heritage Foundation, in partnership with the maqāṣid Research & Studies Centre (Rabat), Université Sidi Mohamed Ben Abdellah (SaisFes), the Master Course on the “Philosophy of Islamic Law (Maqāṣid alSharīʿah) in the Maliki School of Jurisprudence (fiqh)” and the Faculty of Letters & Humanities (SaisFes), and held over three days, on 28 30 May 2014, Fez, Morocco, under the title “Applying the philosophy of Islamic Law (maqāṣid) between fear and leniency”.
Dr Mohammad Salim alAwwa exerted clear scholarly effort, offering evidence in his lecture of causation (taʿlīl) of Sharīʿah rulings (aḥkām) in the statements of leading scholars in this regard; for example Shaykh Badran Abu al‘Aynayn Badran: “the majority of scholars would resolve in their juristic efforts (ijtihād) that the purpose for which Allah has legislated rulings (aḥkām), was only for the interest (maṣaḥah) of attaining a good, or preventing a harm, and hence, this interest is in itself the objective intended by the legislation, and is termed wisdom (ḥikmah). Indeed, Allah, the Exalted, acts only in accordance with the wisdom inherent in His Laws in creation, and for His Ruling to have a purpose in no way erodes the perfection ascribed to Him; moreover, he points to the consensus of the rationalist (Muʿtazilah) school, in that His Rulings, the Exalted, are underpinned by the interests of the slaves, and that Sunni Muslims (Ahl alSunnah) believe that He, the Almighty, does not act except but to achieve the advance of earthly life, and the good of human beings, in accordance with His Will, Most Powerful, Most Great, as concluded by the eminent scholar, ‘Alāl, alFāsi, may Allah have mercy on him.
Dr alAwwa’s lecture was marked by entertaining presentation, excellent analysis as to the approach of causation, and its development in the times of free juristic effort (ijtihād) and imitation (taqlīd). The lecturer cleverly addressed the subject matter, especially since he submitted the work of his own teacher— the eminent scholar, Muhammad Mustafa Shalabi, may Allah have mercy on him, as a model; both teacher and student, belong to the school advocating a “new approach” to the study of legal theory and maqāṣid, which brings justice in application, and plants tranquillity in the heart, because Allah, the Almighty, has legislated His Rulings for high purposes, bringing benefits to people and preventing harms; indeed, Allah, the Almighty, has demonstrated the harms inherent in some acts, urging their avoidance, and the good inherent in others, urging their performance.

Editions of Causation Based on Wisdom: Admissibility and Instances in Islamic Law and Jurisprudence (the Work of Shaykh Muhammad Mustafa Shalabi as a Model)

Paperback
ISBN 9781905650392

Read an Excerpt

This lecture formed part of the proceedings of the training course organised by the Centre for the Study of the Philosophy of Islamic Law at AlFurqān Islamic Heritage Foundation, in partnership with the maqāṣid Research & Studies Centre (Rabat), Université Sidi Mohamed Ben Abdellah (SaisFes), the Master Course on the “Philosophy of Islamic Law (Maqāṣid alSharīʿah) in the Maliki School of Jurisprudence (fiqh)” and the Faculty of Letters & Humanities (SaisFes), and held over three days, on 28 30 May 2014, Fez, Morocco, under the title “Applying the philosophy of Islamic Law (maqāṣid) between fear and leniency”.
Dr Mohammad Salim alAwwa exerted clear scholarly effort, offering evidence in his lecture of causation (taʿlīl) of Sharīʿah rulings (aḥkām) in the statements of leading scholars in this regard; for example Shaykh Badran Abu al‘Aynayn Badran: “the majority of scholars would resolve in their juristic efforts (ijtihād) that the purpose for which Allah has legislated rulings (aḥkām), was only for the interest (maṣaḥah) of attaining a good, or preventing a harm, and hence, this interest is in itself the objective intended by the legislation, and is termed wisdom (ḥikmah). Indeed, Allah, the Exalted, acts only in accordance with the wisdom inherent in His Laws in creation, and for His Ruling to have a purpose in no way erodes the perfection ascribed to Him; moreover, he points to the consensus of the rationalist (Muʿtazilah) school, in that His Rulings, the Exalted, are underpinned by the interests of the slaves, and that Sunni Muslims (Ahl alSunnah) believe that He, the Almighty, does not act except but to achieve the advance of earthly life, and the good of human beings, in accordance with His Will, Most Powerful, Most Great, as concluded by the eminent scholar, ‘Alāl, alFāsi, may Allah have mercy on him.
Dr alAwwa’s lecture was marked by entertaining presentation, excellent analysis as to the approach of causation, and its development in the times of free juristic effort (ijtihād) and imitation (taqlīd). The lecturer cleverly addressed the subject matter, especially since he submitted the work of his own teacher— the eminent scholar, Muhammad Mustafa Shalabi, may Allah have mercy on him, as a model; both teacher and student, belong to the school advocating a “new approach” to the study of legal theory and maqāṣid, which brings justice in application, and plants tranquillity in the heart, because Allah, the Almighty, has legislated His Rulings for high purposes, bringing benefits to people and preventing harms; indeed, Allah, the Almighty, has demonstrated the harms inherent in some acts, urging their avoidance, and the good inherent in others, urging their performance.

Frequently Asked Questions

What is Causation Based on Wisdom: Admissibility and Instances in Islamic Law and Jurisprudence (the Work of Shaykh Muhammad Mustafa Shalabi as a Model) about?

This lecture formed part of the proceedings of the training course organised by the Centre for the Study of the Philosophy of Islamic Law at AlFurqān Islamic Heritage Foundation, in partnership with the maqāṣid Research & Studies Centre (Rabat), Université Sidi Mohamed Ben Abdellah (SaisFes), the Master Course on the “Philosophy of Islamic Law (Maqāṣid alSharīʿah) in the Maliki School of Jurisprudence (fiqh)” and the Faculty of Letters & Humanities (SaisFes), and held over three days, on 28 30 May 2014, Fez, Morocco, under the title “Applying the philosophy of Islamic Law (maqāṣid) between fear and leniency”.
Dr Mohammad Salim alAwwa exerted clear scholarly effort, offering evidence in his lecture of causation (taʿlīl) of Sharīʿah rulings (aḥkām) in the statements of leading scholars in this regard; for example Shaykh Badran Abu al‘Aynayn Badran: “the majority of scholars would resolve in their juristic efforts (ijtihād) that the purpose for which Allah has legislated rulings (aḥkām), was only for the interest (maṣaḥah) of attaining a good, or preventing a harm, and hence, this interest is in itself the objective intended by the legislation, and is termed wisdom (ḥikmah). Indeed, Allah, the Exalted, acts only in accordance with the wisdom inherent in His Laws in creation, and for His Ruling to have a purpose in no way erodes the perfection ascribed to Him; moreover, he points to the consensus of the rationalist (Muʿtazilah) school, in that His Rulings, the Exalted, are underpinned by the interests of the slaves, and that Sunni Muslims (Ahl alSunnah) believe that He, the Almighty, does not act except but to achieve the advance of earthly life, and the good of human beings, in accordance with His Will, Most Powerful, Most Great, as concluded by the eminent scholar, ‘Alāl, alFāsi, may Allah have mercy on him.
Dr alAwwa’s lecture was marked by entertaining presentation, excellent analysis as to the approach of causation, and its development in the times of free juristic effort (ijtihād) and imitation (taqlīd). The lecturer cleverly addressed the subject matter, especially since he submitted the work of his own teacher— the eminent scholar, Muhammad Mustafa Shalabi, may Allah have mercy on him, as a model; both teacher and student, belong to the school advocating a “new approach” to the study of legal theory and maqāṣid, which brings justice in application, and plants tranquillity in the heart, because Allah, the Almighty, has legislated His Rulings for high purposes, bringing benefits to people and preventing harms; indeed, Allah, the Almighty, has demonstrated the harms inherent in some acts, urging their avoidance, and the good inherent in others, urging their performance.

What core themes, tropes, or subjects are explored in Causation Based on Wisdom: Admissibility and Instances in Islamic Law and Jurisprudence (the Work of Shaykh Muhammad Mustafa Shalabi as a Model)?

Law > Jurisprudence and general issues > Systems of law > Systems of law: Islamic law

Where can I read a sample of Causation Based on Wisdom: Admissibility and Instances in Islamic Law and Jurisprudence (the Work of Shaykh Muhammad Mustafa Shalabi as a Model)?

You can read an official preview of the few pages here https://www.book2look.com/book/9781905650392

Who is/are the Author/s of the book Causation Based on Wisdom: Admissibility and Instances in Islamic Law and Jurisprudence (the Work of Shaykh Muhammad Mustafa Shalabi as a Model)?

Mohamed Selim Elawa

Who is the Publisher of the book Causation Based on Wisdom: Admissibility and Instances in Islamic Law and Jurisprudence (the Work of Shaykh Muhammad Mustafa Shalabi as a Model)?

Al-Furqan Islamic Heritage Foundation

What are the ISBN numbers for the physical and digital editions?

Causation Based on Wisdom: Admissibility and Instances in Islamic Law and Jurisprudence (the Work of Shaykh Muhammad Mustafa Shalabi as a Model) is available as paperback(ISBN 9781905650392)