The Virtues of Sharī'ah

The book, “Maḥāsin al-sharī‘ah”, by Imām Abū Bakr Muḥammad b. ‘Alī al-Qaffāl al-Shāshī (d. 365AH) is one of the seminal works in the history of Islamic law objectives (maqāṣid) and jurisprudential (fiqh) thought. An original building block in revealing the wisdom (ḥikmah) and profound spirit of Islamic legislation, and a monument of early objectives-based thinking. The book does not adopt the perspective treating Islamic law, the Sharī‘ah, simply as a set of commands and prohibitions. Rather, it presents Islamic law as an integrated Divine system, grounded on justice (‘adl) and clemency (raḥmah), duly considering the interests (maṣāliḥ), and in congruence with the innate nature (fiṭrah) and sound mind (‘aql). In such a way as to assure the well-being and probity of humans, and the integrity of civilising effort, in this life and the hereafter. Hence, the text’s scientific value manifests, as an intellectual and methodological venture that was ahead of its time. It contributed to establishing the awareness that Islamic law rulings have objectives, rational causes (sing. ‘illah), and universal aims governing the particulars, and granting these civilizational meaning. “Maḥāsin al-sharī‘ah” is distinguished by its comprehensive structure focused on application. Al-Qaffāl presents the major jurisprudential topics in a coherent objectives-based frame. He reveals the wisdom of worship rituals (‘ibādāt) as the means to purify the self (tazkiyyah), and reform behaviour. He considers the rulings on family matters as systems that preserve human dignity, and secure social stability. He addresses financial dealings from the perspective of achieving justice, protecting confidence, and preventing unfairness and ambiguity (gharar); an advanced discernment of the philosophy of Islamic economics on his part. He also dedicates chapters to offences (jināyāt), punishments (ḥudūd), and administering justice (qaḍā’). He highlights that punishment in Islamic law is established to protect society and safeguard its necessities (ḍarūrāt). It is not a matter of revenge or cruelty, but grounded on a fine balance between strictness and clemency.

The scientific significance of this book lies in that it is one of the oldest authored, independent texts that present Islamic law objectives in comprehensive and applied form. Moreover, it connects these objectives to human interests and social aims, well before this discipline evolved in later writings. As such, it is an important reference for jurisprudents and legal theorists, and rich source for researchers in Islamic law objectives, in the past and present. Garnering the praise of great scholars, it had visible impact on subsequent jurisprudential thought. Furthermore, it is distinguished by clarity of approach, strength of argument, distant from any invocation of dhawq—direct, unmediated knowledge of the Divine—while converging towards precise scientific, evidenced argumentation (istidlāl).

“Maḥāsin al-sharī‘ah” is not simply a book on defending the Islamic rulings. Rather, an unveiling of the spirit and higher aims of Islamic law, highlighting its perpetual efficacy in building the human being and society. As such, it is a scientific work of high standing, deserving to be read and studied by anyone seeking to gain a deep objectives-based understanding of Islamic law, and to grasp its wisdom, justice, and legislative beauty.