The concept of the basis of Islamic law according to the two imams: Al-Ghazali and Al-Shatibi and its relationship to the objectives of Islamic law.

Salma Ibrahim Ismail AbouTalib., Salma Ibrahim Ismail AbouTalib.

doi:10.21608/bfsgm.2024.401269

The concept of the basis of Islamic law according to the two imams: Al-Ghazali and Al-Shatibi and its relationship to the objectives of Islamic law.

Author

Salma Ibrahim Ismail AbouTalib. Salma Ibrahim Ismail AbouTalib.

Al,Azhar University, Egypt

10.21608/bfsgm.2024.401269

Abstract

This research aims to show the role of Imam Al-Ghazali and Al-Shatibi in dealing with the concept of the basis, and to show the levels of determining the basis of the Sharia ruling, which is done through multiple stages. The scholars of Usul al-Fiqh have agreed to call these stages : the explanation of the basis, the refinement of the basis, and the investigation of the basis. The explanation and refinement are concerned with stating the basis when ijtihad and consideration, which precedes the stage of applying the ruling. While the investigation is concerned with the stage of application, in which the existing and surrounding circumstances of the incident and the results resulting from the ruling are taken into account. Also, it concerned with the relationship of each level to the objectives of Sharia.
The research monitored this term, its origin and what is meant by it among scholars. It showed the comprehensiveness and breadth of this term and affirmed that it’s not limited to the concept of the cause as may be thought. Then, tried to reveal in it the expansion of the concept of determining the basis according to Imam Al-Ghazali and the subsequent development of the concept according to Imam Al-Shatibi, in reformulating the level of achieving the basis and dividing it into three sections and distributing the sections of this level according to the two types of ijtihad, which divided into ijtihad that can be stopped and ijtihad that cannot be stopped.
This research included four chapters preceded by an introduction and followed by a conclusion. The first chapter included a definition of the basis in language and terminology, with a statement of its levels according to the majority of the scholars of the principles of jurisprudence. The second chapter included a statement of the foundational dimension of the basis according to Imam Al-Ghazali, with monitoring and following the chronological order of the development process through his books. The third chapter included a discussion of the basis of the legal ruling and the levels of its definition according to Imam Al-Shatibi, and dividing ijtihad according to those levels. The fourth chapter was about the effect of the objectives of Sharia in clarifying the basis of Sharia rulings. Then came the conclusion of the research in which the researcher monitored the most important results that I reached during her research. The most important of which is that ijtihad in achieving the basis is an integral part of understanding the text. It requires insight, accuracy, anticipation of the future, and an assessment of the consequences of matters. An error in achieving the basis may result in the loss of the objectives of the Sharia among those charged with it, and the distortion of texts from their places.

Main Subjects