Browsing by Author "Hazazi, Salih Fadil 'Abd al-Rahman"

This study deals with an aspect of our social relationships that is of significant importance in our daily lives, by studying Quranic verses and authentic Ahadith with the aim of extracting the Shari’ah objectives that are related to kinship ties. The study examines the problem of kinship ties between the societal perspective that restricts it to a single sermonic dimension and its true position in Islamic Shari’ah. The study relies on inductive analytical methodology that leads to a number of results, the most important of which are considering the inductive methodology as the most important method for exposing the objectives of Shari’ah, while taking into account the development of Maqasidi Ijtihad in tandem with the development of society and its needs. The study shows the position of maintaining kinship ties in many Maqasidi classifications, and the study is of the opinion that the Maqasidi level of maintaining kinship ties is governed by the needs of the society. Thus, it becomes a necessity in a society where cooperation between individuals exists only between relatives, and where life is impossible without them. On the other hand, kinship ties becomes a need in a society where an individual lives with great difficulty without relying on the help of relatives. As for the society where the state takes care of every individual, and as such they do not need help from anyone including their relatives, then maintaining kinship becomes desirable. The study reaches the conclusion that the most important objective of Shari’ah in regards to maintaining kinship ties is mending relations, protecting the family and maintaining the unity of Muslims. The study divides kinship into three groups, mainly unmarriageable kinship such as parents, marriageable kinship such as cousins, and kinship that is the result of a relationship by marriage or breastfeeding. The study notices the agreement amang jurists on the obligation of maintaining kinship, and their disagreement regarding the scope of such obligation, which the study limits to the first group of lineage kinship. The study also talks about the most important reasons that can lead to severing the ties of kinship, and the most important remedies for such reasons.

This study delves into the topic of ‘preservation of intellect’ (ḥifẓ ‘aql), which is among the five essential objectives of the Shari’ah (maqaṣid al-Shari’ah) in light of the literatures of two eminent Muslim scholars, al-Imam Abu al-Ma’ali al-Juwayni (5th century AH) and al-Imam Abu Isḥaq al-Shaṭibi (8th century AH). Subsequent to the investigation of the lexical and technical meanings of intellect as described by theologians and philosophers, the researcher extracts the concept of intellect and its significance in view of the Qur'an and Sunnah as use a variety of terms to denote intellect. Since it is the primary locus whereby the legal responsibility (taklif) connects to the human being according to Islamic law, the intellect has been portrayed usually various terms in the Qur'an and Sunnah, so much so that it reflects the richness of the concept of intellect in terms of implication and dimension, which combines theoretical and practical aspects. After that, the researcher conducts a comparative exploration of the biography of al-Juwayni as a pioneer in formulating the basic concepts of maqaṣid al-Shari’ah in the principles of Islamic jurisprudence, and of al-Shaṭibi as being one of the most distinguished scholars who articulated a comprehensive theoretical and methodological framework for maqaṣid to elevate it into a complete independent science. Against this background, the researcher examines the cultural, political and social factors that influenced the methodical composition and intellectual orientation of each of these two scholars, and analyzes their ideas and concerns which reflect their respective methodologies in outlining the concepts, status, dimensions, and functions of the intellect. According to both of them, it is because the preservation of intellect is highly significant being one of the five essential objectives (ḍaruriyyat). Moreover, they believe that all the injunctions and prohibitions of Shari’ah are meant to preserve the intellect and to maintain it as a basis for humanity. This significance of intellect has been accentuated in the works of al-Juwayni and al-Shaṭibi. They explicate the authenticity of intellect and its function in deriving the legal rules from the revealed texts, in formulating them in theoretical foundations, in determining the methods of positioning them in the context, and in scrutinizing the task of the intellect in terms of critical deliberation in different sciences. In this context, this study strives to place the purpose of intellect preservation, including its existence, prominence and function, at individual and societal levels. The researcher identifies a number of factors that affect the mind in negative and positive ways, either internally influencing a human being as an individual or externally his surroundings, partially or completely. This study concludes with the portrayal of prominent contemporary sciences, which contribute positively to the preservation and development of the intellect. Finally, this study states certain central aspects which are imperative for realizing the preservation of intellect in its complete sense, namely the physical, social, psychological, and spiritual aspects.