First day: Wednesday, 30 October 2024
The inaugural session for the organising bodies, chaired by Dr Mohamed Mouhoub
The Centre for the Study of the Philosophy of Islamic Law at Al-Furqān Islamic Heritage Foundation organised a two-day scientific training course on 30-31 October 2024, at the welcoming premises of the Faculty of Letters & Human Sciences in El Jadida (FLSHJ), Chouaib Doukkali University, Morocco. The scientific training course, “Objectives of Islamic jurisprudence (maqāṣid al-fiqh): First scientific course: Objectives of worship rituals (maqāṣid al-‘ibādāt)”, was fruit of the partnership with Chouaib Doukkali University in El Jadida, the Faculty of Letters & Human Sciences in El Jadida (FLSHJ), the Laboratory for Studies on Thought & Society (LEPS) in the same Faculty, and the Maqāṣid Centre for Research & Studies in Rabat. It was convened in the context of fostering objectives-based scholarship, revealing the objectives of the Islamic sciences, and stimulating the application of these objectives in the domain of Islamic jurisprudence (fiqh); given the significant role of jurisprudence in Muslims’ life.
Following inauguration of the scientific training course with a recitation from the Noble Qurʾān, Dr Rachid Hilal—Vice-President of Chouaib Doukkali University in El Jadida, welcomed those present, and thanked both organisers and guests. He voiced his hope that the symposium would succeed in achieving its desired outcomes. He asserted that it addressed a vital topic—the renewal of Islamic jurisprudence in accordance with the objectives (maqāṣid). He concluded his speech by congratulating the organising committee, praising its diligent choice of topics.
Dr Mohammed Yeo—Dean of FLSHJ, followed with a speech noting the course’s importance and context, in promoting the objectives of Islamic jurisprudence. He expressed his delight at the attendance, and the participating and organising bodies, commending this partnership. He concluded with an invitation to hold the second training course at FLSHJ Chouaib Doukkali, and thanked the audience and the organisers.
Subsequently, Mr Sali Shahsivari—Managing Director of Al-Furqān Islamic Heritage Foundation, focused in his speech on explaining the course’s significance, and the tireless efforts of the Centre for the Study of the Philosophy of Islamic Law at Al-Furqān Foundation in reviving the jurisprudence of objectives (fiqh al-maqāṣid) in diverse fields, by promoting sound understanding, jurisprudence, and assignment to novel cases (tanzīl), through numerous studies, lectures, and symposia focused on the methodological and scientific revival, in erecting of the grand edifice of objectives.
Mr Sali also announced new topics to be addressed in the objectives domain, i.e. the objectives of the Islamic worship rituals (maqāṣid al-‘ibādāt), falling under an overarching general topic, namely the objectives of Islamic jurisprudence (maqāṣid al-fiqh). He considered Islamic jurisprudence as quite rich, providing and continuing to provide apt solutions. He asserted that due to the many topics, focus would be on the most important. He concluded by wishing for success in this scientific course, and forthcoming ones. He also expressed gratitude to the University’s President, the Faculty’s Dean, the Laboratory’s Director, and the Maqāṣid Centre for their praiseworthy efforts.
On behalf of the Maqāṣid Centre for Research & Studies in Rabat, Dr Mustafa Qartah expressed his appreciation and best wishes to the organisers, and welcomed the esteemed guests—instructors, researchers, and scholars. He highlighted the importance of the course on the objectives of Islamic jurisprudence, due to its important place in the life of Muslims, particularly the objectives of the rituals connected to Muslim life, and their effects on individual and social behaviour. He concluded his speech by thanking the participants and the organising committee.
The final speech was delivered by Dr Abdelmajid Bouchebka, Director of LEPS, who in turn welcomed the participants and guests. He praised the efforts of the organising committee, indicating that many questions still require our rigorous examination, and search for answers, and that this training course aimed to study this important topic, namely the objectives of the Islamic rituals. He concluded his speech by welcoming all those present.
Following these speeches, a tea reception was held to honour the participants and guests.
First session chaired by Dr Issam al-Bashir
Dr Issam al-Bashir chaired this first session, in which Dr Amna Saadi presented Dr Ahmad Raissouni’s paper, “Islamic jurisprudence: functions and objectives” on his behalf. In the introduction, Dr Raissouni presented scholars’ perspectives on the ranking and comparative merits of the disciplines, each through the lens of their specialisation, even though all the disciplines are favoured and meritorious in these considerations. He then discussed the functions of Islamic jurisprudence, including its ability to stay abreast of life and its developments. He also refuted some specious arguments (shubuhāt) that diminished Islamic jurisprudence’s status. In his view, elimination or marginalisation of Islamic jurisprudence is product of either a political decision or political intrigue.
Dr Raissouni highlighted those Islamic law objectives he had elicited relating to jurisprudence and jurisprudents (sing. faqīh), of which he enumerated five, namely: exerting creative juristic effort (ijtihād) and acts of novel deduction (istinbāṭ); communicating (tablīgh) and clarifying (bayān) Islamic rulings to the public; elucidating the wisdom (ḥikmah) of Islamic law in general and in detail; offering guidance designed to reform persons soliciting fatwa and the wider public subject to the religious duties (mukallafūn); and finally, solving problems and providing alternatives.
He concluded his paper by calling for revival of the disciplines of Islam, through the agency of their objectives, i.e. adhering and compelling adherence to the Islamic law objectives in instruction, authorship, novel deduction, issuing fatwa, and application.
Dr Amena Saadi commented on the paper, focusing on the novel and important aspects, which included an exposition of Islamic jurisprudence’s status and leading position among other Islamic sciences, in that Islamic jurisprudence is superior in honour and merit; moreover, it is connected to people’s reality, temporally and spatially. He had also based his discussion of Islamic jurisprudence’s functions and objectives on a sound scientific and methodological foundation. Dr Saadi indicated that among the methodological virtues of the paper is that it reconciled the duality of “renewal (tajdīd)” and “deriving objectives (taqṣīd)” in Islamic jurisprudence. She also elicited pathways to deriving the objectives of Islamic sciences, counting among them: the pathway of terminology (muṣṭalaḥāt), the pathway of securing outcomes (ithmār), the pathway of jurisprudence of reality (fiqh al-waqi‘), the pathway of human sciences, and the pathway of codification (taqnīn) of Islamic jurisprudence.
Dr Ahmed Kafi followed with his examination of “Islam’s ritual pillars between rational causation (ta‘līl) and strict ritual observance (ta‘abud)”. In his introduction, he referred to two old schools of Islamic jurisprudence, existing since the time of the Prophet’s Companions (ṣaḥābah), namely the school of rational causation and that of strict ritual observance. At the same time, he pointed to the principal acts of ritual worship addressed in the tradition (ḥadīth) on Angel Jibrīl’s questions to the Prophet—the basis of his paper, which he divided into three chapters. In the first chapter, he addressed the objectives of Islamic jurisprudence.
In the second chapter, Dr Kafi began to elucidate rational causation and strict ritual observance applied to the pillars of ritual worship from Islamic sources of textual evidence. In the third chapter, he covered in detail the objectives of the obligatory tax on Muslims, zakāt.
In his review commentary, Dr Abdel Rahman al-Amrani praised the paper, highlighting its importance and novelty. He indicated that the question of rational causation applied to the rituals is subject to juristic disputation among scholars. He then made several observations on the paper’s content and methodology. Regarding content, he pointed out that this was inconsistent with the author’s stated aim of examining textual evidence from both Noble Qur’ān and Prophetic Sunnah, not the Qur’ān only as was the case. In terms of methodology, Dr Kafi had adopted the scientific methodology used in academic research.
Subsequently, Dr Mohamed Brahmi presented his paper regarding “Objectives of the rituals and their effect on the jurisprudence of rulings in novel acts of deduction (istinbāṭ), fitting to novel cases (tanzīl), and rational preponderance (tarjīḥ)”. He paved the way with an introduction focused on the objectives of sending Prophets, and explaining that the purpose of Islamic law (sharī‘ah) was to secure the interests (maṣāliḥ) of people in this life and the Hereafter. He also covered the matter of juristic disputation (ikhtilāf) among scholars on the question of causation of the rituals.
He divided his paper into axes, where in the first he addressed the objectives of the rituals, such as the objective of strict ritual worship, and the ethical and edification objective. In the second, he touched upon the effect of objectives in novel deduction of rulings on the rituals, fitting to cases, and applying rational preponderance. In the third, he explained the effect of the objectives of the rituals in preponderance among their rulings, such as distinguishing between original and secondary objectives, and preponderance between rulings taking into consideration the circumstances.
Dr Brahmi concluded his paper with in-depth examination of the objectives of the rituals, and bearing these in mind while performing creative juristic effort, in understanding, fitting to cases, and rational preponderance. Furthermore, the means that assist in sound understanding from Allāh, the Almighty, and knowledge of the reality, which is the effective cause (manāṭ) of the ruling, which facilitates sound fitting to the specific case.
In his commentary, Dr Mohamed Sbihi commended the paper, and the sound insightful consideration on the effect of correct employment of the objectives, in referring to principal sources of Islam (ta’ṣīl) and the detailed specifics, and in fitting to specific cases and providing illuminating examples. Dr Sbihi noted the importance and novelty of the paper from several angles. However, he also found grounds for criticism, in that the author had limited himself to the general objectives (al-maqāṣid al-‘āmah) rather than the specific (al-khāṣṣah) and particular (al-juz’īyyah). He also pointed out the error in concluding that the scholars are in disputation in determining the objectives of the rituals contrary to the dealings (mu‘āmalāt); indeed, they have disputed also on causation and deriving the objectives of the rituals, not only in determining them.
Following the presentations of these papers, the floor was opened for discussion.
Second session chaired by Dr Abdelmajid Bouchebka
The session opened with the paper by Dr Mustafa Qartah titled “Objectives of the rituals between strict original rulings (‘azā’im) and rulings of concession (rukhaṣ)”. In the introduction, Dr Qartah pointed out that the Islamic religious duties (sing. taklīf) were considerate of the human natural innate (fiṭrah), and also capability; hence, strict original rulings and concessions are Divinely Legislated.
Dr Qartah divided his paper into two principal areas of enquiry; in the first, he discussed the objectives of strict original rulings and those of concessions in the sphere of the rituals. In the second, he touched upon exploiting the approach of providing concessions in securing sound religious practice. He concluded his paper by mentioning findings, which included that strict original rulings and concessions are both complementary and mutually-supporting in achieving the objective of preserving faith (ḥifẓ al-dīn), in existence or otherwise. Further, that sound religious practice, whether for the individual or the Muslim nation, is established on two wings, namely strict original rulings and rulings of concession.
Dr Abdeslam Ait Said structured his commentary on the paper on two axes; the first he dedicated to the paper’s topic and problematic issues. He concluded that the paper revolved on a main question, namely: how does determination of the objectives of strict original rulings and those of concessions related to the rituals in light of practice, creative juristic effort, and fatwa. In the second, he mentioned some general observations and scientific corrections, among them the complete absence of a legal theory (uṣūl) treatment of strict original rulings and those of concessions, including the rule of exception in light of objectives-based framing of strict original rulings and those of concessions.
This was followed by Dr Rachid Lakhdar’s paper titled “The effect of Islamic law objectives on the concessions in the rituals: jurisprudential examples”. He began his introduction by saying that Islamic law had been legislated with due consideration to the capabilities of those obligated by religious duty, and also sought to procure public interests (jalb al-maṣāliḥ) and prevent harms (dar’ al-mafāsid).
He divided his paper into three areas of enquiry; the first he dedicated to defining the key terms in the paper that formed its title, such as effect (athār), objectives (maqāṣid), Islamic law (sharī‘ah), concession (rukhsah), Islamic ritual (‘ibādah), and others, which he addressed under sub-headings. In the second area of enquiry, he discussed the manifestations of the relationship between the objectives of Islamic law and the concessions, and its effect, whether in the sphere of rituals or dealings (mu‘āmalāt). The third area of enquiry was dedicated to examples of concessions in the rituals, and their objectives-based effect, such as the concession of dry ritual purification (al-tayammum), shortening the prayer (qaṣr al-ṣalāh), combining two prayers (jam‘ al-ṣalātayn), and those concessions of the pilgrimage (ḥajj). He concluded his paper by stating that the legislation of concessions is in harmony with the spirit and objectives of Islamic law, clarifying that adopting the concessions is indeed, compliance with the Command of the Wise Legislator.
Dr Mohamed Sabeer commented on the paper praising its importance and the author in following up and tracing matters related to objectives research, and his treatment of the objectives of concession. Dr Sabeer considered that concessions are the aim of creative jurisprudents (mujtahidūn), and whosoever directs themselves in that direction is successful. He followed on by making observations at the methodological level manifesting in the expansiveness and vastness of the topic. He suggested that it would have been far more beneficial and easier to have focused on a specific school of thought or authored work, or indeed, one of the chapters of Islamic jurisprudence.
Dr Ismail Hafyan followed with his paper titled “The system of expiation (kaffarah) in Islamic legislation: an objectives-based view”. He began with a comprehensive introduction discussing the development of the objectives discipline (‘ilm al-maqāṣid). He then covered two important areas of enquiry, where the first encompassed the knowledge underpinnings of the expiation system in Islamic jurisprudence. The second dealt with the legislative objectives of expiation. He closed with a conclusion collating the key findings, including that expiation in Islamic legislation is not merely an Islamic jurisprudential ruling ordained by the Divine Legislator in face of the infractions of those bound by religious duty.
Dr Ali Zarouqi commented briefly on Dr Hafyan’s paper, by simply wishing if the author had focused his discussion on treatment of expiations from the perspective of rational causation, i.e. are they subject to causation or not? And are they subject to the objectives or not? In the context of speaking about this, he pointed to the Book of Concessions (Kitāb al-rukhṣ) by al-Raḥmūnī as a worthwhile read.
The opportunity to discuss was opened followed by a refreshment break, which marked the end of the first day of the training course.
Second day: Thursday, 31 October 2024
Session three chaired by Dr al-Husayn al-Mous
In this session, Dr Issam Ahmed al-Bashir discussed his topic of “Moderation (al-wasaṭiyyah) as an objective and approach in the rituals of worship”. He began with an introduction, in which he extensively discussed the most prominent feature of Islamic law, i.e. moderation in rituals of worship, in its behavioural and edification dimensions. He divided his paper into five areas to be examined.
In the first, he addressed the conceptual pathway. In the second, he discussed moderation between objective and description. In the third, he focused on highlighting the relationship between Islamic law objectives and the concept of moderation, manifesting in that Allah’s religion is the moderate balance struck between extremism (ghulūww) and negligence. In the fourth, he analysed moderation as a general objective in the rituals. In the conclusion of his paper, Dr Issam indicated that this middle way represents balance and moderateness, which Islam is careful to entrench in all aspects of life.
Dr Mustapha Samadi commented on the paper, and began by noting its quality and significant scientific value. He then voiced some of the thoughts that came to mind as he read the paper, among them that the true problem in dealing with the rituals lies in ignoring the intrinsic moral lesson. The reviewer considered that the prime entry point to renewing understanding of this moderation is in the obligation to search in the secrets, objectives and aims of ritual practice in creation and existence.
This was followed by Dr Ahmed al-Amrani’s paper titled “The objectives of Islamic prayer, ṣalāh, and the means to their achievement”. He spoke in the introduction on the importance of the objectives of ṣalāh, the reasons for choosing the topic and its novelty, and some of the real-life problematic matters associated with people’s religious practice.
Dr al-Amrani’s structured his paper around three areas of enquiry. In the first, he elucidated the ambiguous concepts cloaking the key terms of the paper, such as the concept of objectives. He dedicated the second to some objectives of ṣalāh, of which he mentioned: glorifying and revering Allāh, and seeking closeness to Him; preventing immorality and wrongdoing; repose in performing ṣalāh; providing sustenance to the soul through remembrance of Allāh; renewing the covenant with Allāh; and also learning discipline. In the third area, he elucidated the means by which the objectives of ṣalāh may be achieved. He concluded by pointing out that the Muslim nation is in crisis in a lack of understanding of the objectives, which are considered a core part of the religion since the first day and the first understanding, because these are the aims that religion came to secure among people.
Dr Njogoku Mbaki Samb reviewed and commented on the paper, noting that the researcher had excelled and provided tangible benefit, in applying the scientific research method in the domain of Islamic sciences. He then made several methodological and objective observations, focusing on the composition of the paper related to writing style and approach.
This was followed by Dr Abdelkabir Hamidi’s paper titled “The objectives of ritual fasting (ṣawm) in Islam: determination and application in the contemporary context of the Muslim nation”. In the introduction, he touched upon the importance of research into the objectives of fasting. Subsequently, he addressed four areas of enquiry; in the first, he dealt with the ritual worship of fasting as one of the universal (original) rituals in Islam. In the second area of enquiry, he discussed the objectives of fasting as presented in the Qur’ān and Sunnah. In the third, he focused on elucidating the objectives of fasting in the creative juristic effort of Muslim scholars. Furthermore, he mentioned the tree representation of fasting objectives in Islam as an attempt to build and classify. In the fourth, he covered the application of the objectives of fasting in the contemporary context of the Muslim nation. He concluded the paper by stating that fasting is one of the universal rituals, with significant objectives, whether stated in Islamic textual sources or product of creative juristic effort, and whose effects are reflected on individual and society.
Dr Mohamed Dami reviewed the paper, structuring his commentary along three axes; the first was dedicated to the aspects of novelty in the paper, which included the fine choice of research topic, namely the objectives of fasting, and also the discernible harmony among many sections of the paper. The second presented important criticisms, of which he mentioned the author’s claim to apply the inductive approach (istiqrā’) to the Islamic textual sources related to fasting, which was not the case. In the third, he presented suggested additions and improvements.
Subsequently, the opportunity for discussion was granted.
Fourth session chaired by Mr Sali Shahsivari
The session began with Dr al-Husayn al-Mous’s paper titled “The jurisprudence of fasting between the objective of providing ease (al-taysīr) and precautionary maxims (qawā‘id al-iḥtiyāṭ)”. Stressing his interest in the works of the Mālikī school of jurisprudence, Dr al-Mous noted an inclination towards creating difficulty in the jurisprudence of fasting. He based his examination on three areas of enquiry, addressing in the first the maxim, “the religion of Allāh is easy (dīn Allāh yusr)” and its place vis-à-vis the precautionary maxims. The second area of enquiry focused on length of the day of fasting, and how to determine the start and end of the month of Ramaḍān. In the third, he discussed the concessions granted to the fasting person between the objective of providing ease, and the precautionary maxims. He concluded his paper by stating that: fasting is a ritual that has been made easy for those falling under this obligatory duty, whether in the limited things they must forgo, or the duration of the daily fast—a day by the standards of moderate countries, all based on the rule of providing ease.
Dr Hanane Khiyati commented on the paper, emphasising that the paper’s findings were consistent with its aims, foremost, the invitation to people of knowledge to engage in creative juristic effort on the rulings of the rituals by applying the maxim of “the religion of Allāh is easy”, while setting a balance to secure ease that does not neglect precautions to inhibit laxity.
Dr Hanane noted a gap in not addressing the integrated view to the approach to the topic between the rules of providing ease, and applying precautions. She highlighted that while providing ease is a principle and universal rule, it has a domain where it is effective, and another where it is not. Of this, providing ease does not apply to the principles of religion (uṣūl al-dīn) nor to the Islamic law universals (al-kulliyāt al-shar‘īyyah). She concluded her commentary by saying that creative juristic effort is subject to the opposing tensions of two principles, either inclination to precaution from the perspective of establishing a margin of safety to avoiding falling into the prohibited, or providing ease by preventing vexation and hardship.
Subsequently, Dr Mohamed Mouhoub read Dr Abdul Majid al-Najjar’s paper titled “Social objectives of the ritual of pilgrimage (ḥajj) in light of the Farewell Pilgrimage”. Dr al-Najjar illustrated the topic’s features in a preface, where he explained the relationship between preserving the Muslim nation’s order and the objectives of the rituals. He began by presenting the objectives of pilgrimage, in light of the Prophet’s Farewell Pilgrimage (ḥajjat al-wadā‘), after providing its context. In his view, this manifests in social cohesion as an objective of the pilgrimage, as well as the objective of justice and equality, which he based on examination.
Dr Mouhoub then commented on the paper, mentioning that Dr al-Najjar had based his research, on the social objectives of the pilgrimage, on the Farewell Pilgrimage, and the accompanying Prophetic directives, verbal or non-verbal, especially those meanings with social dimensions contained in the Farwell Sermon (khuṭbat al-wadā‘).
However, a degree of forced inference ill-fitting with the evidence may be detected in deducing objectives in some of the mentioned examples. Furthermore, the use of terms and styles alien to the terminology and domain of the craft.
Dr Mourad Zahoui then followed, presenting Dr Noureddine Khadimi’s paper, “Contemporary ritual adherence (al-intiẓām al-ta‘abudī) and its objectives: Example of voluntary pilgrimage (‘umrah)”. This was organised into an introduction and three areas of enquiry. In the introduction, he touched on the problematic issue of the dichotomy between religious devotion in general and ritual practice in particular, manifesting to varying degrees at the individual, collective and institutional levels. In the first area of enquiry, he discussed the concept of ritual adherence, and in the second, its objectives. In the third, he covered the reality of, and aspirations for, ritual adherence in contemporary times. He concluded his paper with some general inferences, including that in essence, ritual adherence is to establish the rituals according to rulings that abide by the rituals’ objectives and desired outcomes, secure harmony and cohesion between worshippers, and train on social and human orderliness.
Dr Mourad Zahoui then commented on the paper; first speaking on its merits, and aspects of novelty therein, given it relates to connecting the objectives and practical reality. The author’s choice of voluntary pilgrimage, ‘umrah, is to clearly illustrate the imbalances at the level of ritual practice. However, Dr Zahoui highlighted a conceptual flaw manifested in neglecting to define the term, al-intiẓām al-ta‘abudī, from the sayings of past jurisprudents in their works.
After these presentations, the opportunity was given for discussion.
Closing session chaired by Dr Ahmed Kafi
In this session, Dr Rachid Hilal, the Vice-President of Chouaib Doukkali University spoke of the training course as having borne its desired fruit. He expressed hope that it had been to everyone’s satisfaction, and in his view, was no doubt destined to gain wide interest, not only at national level, but also internationally. He requested that it be published as a book to facilitate benefiting from it. He concluded by thanking the organisers and audience.
He was followed by Mohamed Dardar, Vice-Dean of FLSHJ, who in turn commended the training course and its results, thanking all the organising bodies, which had contributed to its success. He looked forward to, and welcomed, on behalf of the Dean, hosting the second training course in the forthcoming year, Allāh permitting.
Subsequently, Mr Mohammed Drioueche spoke, pointing out the journey covered over the previous training courses, starting in Fez and arriving at El Jadida. Moreover, the topics chosen to shed light, and deepen rational consideration on the objectives of Islamic jurisprudence. Indeed, while this training course was dedicated to the objectives of the rituals, it would be followed by another on the objectives of dealings, and others still, to cover the gamut of objectives-based consideration. As such, this training course had actually marked a new beginning.
Mr Drioueche took the opportunity to thank the President of Chouaib Doukkali University, the Dean of FLSHJ, the Maqāṣid Centre, the Managing Director of Al-Furqān Islamic Heritage Foundation, and LEPS for their substantial efforts in enabling the training course to succeed, and their welcoming and generous hospitality. He also thanked all the instructors and participants.
He was followed by Dr Abdelmajid Bouchebka, Director of LEPS, who delivered a kind and welcoming speech, praising the new partnership predicted to open new, significant scientific horizons. Finally, he thanked the organising bodies, and all the instructors and students.
Dr al-Husayn al-Mous, Director of Maqāṣid Centre, then spoke, commending the training course, in that it had been concluded and borne fruit, through the many virtues secured, whether at the level of organisation or the scientific papers presented. In turn, he thanked the University Presidency, the Faculty Deanery, and LEPS, praising the partnership with Al-Furqān Foundation. He also thanked the organising committee for their praiseworthy effort.
Dr Issam al-Bashir then spoke on behalf of the participating instructors, where he thanked the organising bodies, then focused on advising the students on their scientific journey, encouraging them to have high zeal in acquiring knowledge, as well as sincere intention in their endeavours. He emphasised the question of moderation as it represented a methodology to present Islam correctly, free of extremism or laxity.
The closing session concluded with a reading of the recommendations by Dr Mohamed Aouam.
