From al-Shatibi's legal hermeneutics to thematic exegesis of the Qur'an

Abstract

Writings on al-Shatibi have focused on his views on maslahah (utility) and Maqasid al-Shari'ah (objectives of the Shari'ah). His approach to the interpretation of the Qur'an (the main source of the Shari'ah) and the implications of such an approach have only rarely been heeded. This study addresses this aspect of al-Shatibi's work. It essentially asserts that in restructuring Islamic legal theory (usul al-fiqh) around the idea of Maqasid al-Shari'ah, al-Shatibi brought jurists and Qur'an commentators closer to one another. It further argues that his contribution went beyond the interest of jurists centred on legal reasoning by holding a comprehensive hermeneutical view of the Qur'an informed by belief in the thematic unity of its surahs and verses. Taking such unity as the cornerstone of a sound understanding of the Qur'an capable of grasping its eternal values and universal principles, he developed a methodology that has inspired a few eminent contemporary Muslim scholars who have developed what has come to be known as thematic interpretation of the Qur'an (al-tafsir al-mawdu'i). This article discusses al-Shatibi's hermeneutics of the Qur'an by delineating his epistemic and methodological propositions. Thus, the author aims to show the existence of semantic unity and epistemic interconnectedness among different disciplines in Islamic scholarship. [PUBLICATION ABSTRACT]

Headnote

Abstract: Writings on al-Shatibi have focused on his views on maslahah (utility) and Maqasid al-Shari'ah (objectives of the Shari'ah). His approach to the interpretation of the Qur'an (the main source of the Shari'ah) and the implications of such an approach have only rarely been heeded. This study addresses this aspect of al-Shatibi's work. It essentially asserts that in restructuring Islamic legal theory (usul al-fiqh) around the idea of Maqasid al-Shari'ah, al-Shatibi brought jurists and Qur'an commentators closer to one another. It further argues that his contribution went beyond the interest of jurists centred on legal reasoning by holding a comprehensive hermeneutical view of the Qur'an informed by belief in the thematic unity of its surahs and verses. Taking such unity as the cornerstone of a sound understanding of the Qur'an capable of grasping its eternal values and universal principles, he developed a methodology that has inspired a few eminent contemporary Muslim scholars who have developed what has come to be known as thematic interpretation of the Qur'an (al-tafsir al-mawdu'i). This article discusses al-Shatibi's hermeneutics of the Qur'an by delineating his epistemic and methodological propositions. Thus, the author aims to show the existence of semantic unity and epistemic interconnectedness among different disciplines in Islamic scholarship.

Keywords: Thematic exegesis; legal hermeneutics; al-Shatibi; objectives of the Shari'ah; Islamic legal theory.

Abstrak: Penulisan mengenai al-Shatibi bertumpukan kepada pandangan beliau mengenai maslahah (utiliti) dan Maqasid al-Shari'ah (objektif-objektif Shari'ah). Namun, pendekatan beliau terhadap tafsiran Al-Qur'an (sumber utama shari'ah) dan implikasi pendekatan tersebut jarang diambilkira. Justeru itu, kajian ini menekankan hasil kerja al-Shatibi. Tesis beliau menegaskan bahawa dalam penyusunan semula teori perundangan Islam (usul al-fiqh) yang berkaitan dengan idea Maqasid al-Shari'ah, al-Shatibi membawa ulama dan pengulas Al-Qur'an lebih rapat antara satu sama lain. Ia selanjutnya berpendapat bahawa sumbangan beliau melangkaui kepentingan ulama yang bertumpu kepada hujah undang-undang dengan memegang pada pandangan hermeneutikal Al-Qur'an yang komprehensif, dimaklumkan oleh kepercayaan dalam perpaduan tema surah dan ayat Al-Quran. Dengan mengambil kira perpaduan tersebut sebagai asas pemahaman Al-Quran yang mampu menerapkan nilai murni serta prinsip-prinsip sejagat, beliau telah membangunkan satu metodologi yang mampu memberikan inspirasi kepada beberapa cerdikiawan kontemporari Islam yang terkenal, yang telah membentuk tafsiran tema al-Quran (tafsir mawdu'i). Artikel ini turut membincangkan hermeneutik Al-Quran oleh Shatibi dengan menggariskan cadangan-cadangan epistemik dan metodologi beliau. Oleh itu, tujuan penulis adalah untuk menunjukkan kewujudan perpaduan semantik dan perkaitan epistemik antara disiplin yang berbeza dalam kesarjanaan Islam.

Kata kunci: takwil tematik, undang-undang hermeneutik, al-Shatibi; objektif Shari'ah, teori undang-undang Islam.

The Andalusian Maliki jurist Abu Ishaq al-Shatibi (d. 790/1388) has enjoyed widespread acclaim in modern Islamic intellectual and academic circles, especially among scholars and students of Islamic jurisprudence concerned with issues of renewal and reform. Many works have been produced on a number of different aspects of his intellectual legacy, with special focus given to his book al-Muwafaqat in which he articulated his theory of Maqasid al-Shari'ah (objectives of the Shari'ah) and legal methodology. Such works have contributed considerably to our understanding of al-Shatibi's work and appreciation of its place in the development of Islamic thought, notably with regard to the crystallization of the idea of maslahah (utility) and identification of the purposes underlying the Shari'ah injunctions.

However, one important aspect of far-reaching implications seems to have escaped the attention of most of those who wrote on al-Shatibi's thought. This aspect concerns his conceptualization and formulation of what he considered as the proper approach for understanding the Qur'an. It is argued in this article that what al-Shatibi did in this respect could be seen as a precursor to what has come to be known, since the late 1960s, as al-tafsir al-mawdu'i. None of those who studied al-Muwafaqat and discussed its legal methodology has heeded this important feature. This applies to scholars and students of both Islamic legal theory (usul al-fiqh) and Qur'anic studies and exegesis (tafsir), including people who have produced exegetic works. Perhaps, due to their compartmentalized academic preoccupations, the former saw it as an ordinary work of legal theory, while the latter did not expect a jurisprudent to offer something relevant to their field.

The earliest attempt to focus on this aspect of al-Shatibi's work was that made by Wael B. Hallaq. His interest in it arose as part of his study regarding the place of the Qur'an in al-Shatibi's legal theory according to which the Qur'anic text is viewed "as an integral whole." As he puts it, al-Shatibi's view of the Qur'anic text in addition to the legal hermeneutic and thematic inductive method he suggested for understanding it and constructing Shari'ah universals all effectively transcend the boundaries set by scholars of usul. This in turn brought him "closer to the doctrine of the exegetes than that of fellow legal scholars" (Hallaq, 1991, pp. 71-90).

Taking up this aspect of al-Shatibi's thought, we shall examine his maqasid-based legal hermeneutics with special focus on his approach to the Qur'an in order to unearth its epistemic significance and methodological implications. Thus, we shall be able to show how he paved the way for the modern concept of thematic interpretation of the Qur'an or al-tafsir al-mawdu'i. Three basic terms therefore need to be clarified at the outset. (1) Broadly speaking, legal hermeneutics as used in this study refers to the interpretive methods and techniques developed in usul al-fiqh whereby the meanings and legal purport of relevant Qur'anic verses and Prophetic sayings are explicated. (2) The term Maqasid al-Shari'ah refers to the objectives intended to be realized by obeying the Lawgiver's commands as enshrined in the Qur'an and Sunnah (al-Raysuni, 2005; Attia, 2007; Ibn 'Ashur, 2006). (3) By al-tafsir al-mawdu'i, we refer to the interpretation of the Qur'an based on consideration of a specific theme either in one surah or throughout the whole Qur'an (al-Daghamin, 2007; al-Akhras, 2006; Kafi, 2004; Rashwani, 2009; Saeed, 1986). This analysis will show that by developing his views on legal Islamic hermeneutics that are in turn based on Maqasid al-Shari'ah, al-Shatibi effected an unprecedented confluence between Islamic legal theory and Qur'an exegesis which provided a basic framework for thematic interpretation.

An Overview of Maqasid al-Shari'ah before al-Shatibi

Abu Bakr al-Qaffal al-Shashi (d. 365H), the most authoritative Shafi'i jurist of his time in Transoxiana, wrote Mahasin al-Shari'ah, which is thus far the oldest extant work of Islamic jurisprudence which directly deals with the subject of Maqasid al-Shari'ah or the Objectives and Intents of Islamic Law. This book does not belong to the category of epistemological and methodological works dealing with the sources and methods of Islamic jurisprudence under the rubric of usul al-fiqh. Rather, it is a work of substantive Islamic law (fiqh) meant to show the wisdom and purposes underlying the specific rules of the Shari'ah in the different domains of Islamic legislation, ranging from ritual purity and prayer to the judiciary and penalties, and further delving through marriage, the family, sales and financial transactions and other topics. At the outset of his book, however, al-Shashi makes a number of important assertions that have clear epistemological and methodological implications for usul al-fiqh. According to him, the rules of Shari'ah throughout the various domains of life are all rational. Otherwise, they would run against wisdom and that which is good and beneficial (al-Shashi, 2007, p. 29). Abu al-hasan al-'Amiri (d. 381/992), a philosopher and student of al-Shashi (Kholayfat, 1988), devoted one work to expounding the virtues of Islam and the underlying wisdom of its precepts in contrast to other religions. For him, one fundamental characteristic of Islam was the all-encompassing nature of its teachings from where the magnanimity and moderation of its commands can be seen to emanate, thus making them suitable to human beings' original nature (al-'Amiri, 2006, pp. 37-90). These two scholars can thus be considered as forerunners in the systematic study of what later developed into Maqasid al-Shari'ah.

The question of the rationality of the Shari'ah and purposefulness of its rules as being enacted for the good and benefit of mankind, subsequently, constituted a major topic in the works of legal theorists (usuliyyun). As a result of their deliberations on the issue of ta'lil (ratiocination) and the related notion of 'illah (effective cause or ratio decidendi of the Shari'ah commands) in qiyas (analogical reasoning), the idea of Maqasid al-Shari'ah emerged; it mainly crystallized through the concept of munasabah (suitability, appropriateness) as one of the key methods of discovering the effective causes of Shari'ah commands (El-Mesawi, 2008; Emon, 2010; Hallaq, 1999; Weiss, 2010). It was al-Juwayni (d. 478/1085) who would provide the first systematic articulation of the idea of Maqasid al-Shari'ah in his discussion of the levels of rationes legis.

Al-Juwayni asserted that the rationes legis underlying the Shari'ah commands consist of five categories reflecting the masalih intended by those commands. He classified them in descending order according to their importance for human life and existence. The first category consists of things that are necessary and universal as they concern the well-being of the entire society, thus being derived from an intelligible fundamental principle. Without them, human society cannot exist. The law of retaliation is an example of Shari'ah rules aimed at protecting immune human life. The second category concerns public need (hajah 'ammah). Though it also derives from a general principle relating to people in general, a public need does not reach the level of necessity; the difference being that if all people abstained from it, the entire society would therefore suffer hardship and harm. The third category involves neither a universal necessity nor a general need. It consists of recommendable things which add ease and beauty to human life. The last two categories do not fall under a general rule or specific genre that may serve as the basis of analogy (al-Juwayni, 1992, vol. 2, pp. 602-604; al-Shatibi, 1996, vol. 2, pp. 602-604; El-Mesawi, 2003; Opwis, 2010).

Following in the footsteps of al-Juwayni, al-Ghazali (d. 505/1111) adopted the abovementioned hierarchical classification of the Shari'ah objectives, though he dropped the 4th and 5th categories from it. He enriched it with more analytical details and examples. However, his essential contribution lies in the taxonomy he established regarding the content of the first category. In his view, the ultimate purpose of the Shari'ah with regard to human beings consists in the realization and protection of five necessary things; namely, religion, life, intellect, progeny and property. Whatever leads to the preservation and promotion of these five things is a maslahah, and whatever causes the undermining or omission thereof is a mafsadah (harm), the removal of which constitutes a maslahah. For al-Ghazali, these five principal matters are universal and constitute the core values of human life throughout all times and climes. Their necessity is such that no community can exist without them, nor would there be any legal system which does not care for them. Likewise, they are indispensable to human life and society and the human socio-ethical order is utterly inconceivable without them. As such, their respective protection and promotion occupies a primary place in the hierarchical structure of the goals intended by the Lawgiver in all domains covered by the Shari'ah. These core values are consolidated and complemented by a gamut of values which constitute the following two categories of hajiyyat and tahsiniyyat and correspond with the secondary and complementary needs of human beings (al-Ghazali, 1997, vol. 1; El-Mesawi, 2003; Emon, 2010; Opwis, 2010).

This classification of the Shari'ah objectives according to their relative importance in human life and existence has become a standard taxonomy accepted by almost all subsequent legal theorists (e.g. al-Amidi, 2003, vol. 2/3; al-Mahbubi, 1996, vol. 2; al-Qarafi, 2007; al-Razi, 1997, vol. 5; al-Taftazani ). No essential additions or radical modifications to them have been made. The most significant development taking place afterwards consisted of further epistemological refinement and methodological systematization which the history of Islamic jurisprudence attributes to Abu Ishaq al-Shatibi (d. 790/1288) of Andalusia. As will be seen below, his al-Muwafaqat stands as a landmark in the development of Islamic legal hermeneutics which paved the way for the contemporary discourse on thematic interpretation of the Qur'an.

Maqasid al-Shari'ah as the axis of usul al-fiqh

In his quest for the ultimate or grand objectives of Islamic teachings, al-Shatibi based his entire thesis on the primacy of the Qur'an as "an integral whole" (Hallaq, 1991, p. 71). Arguing for his maqasid theory on the basis of tawatur ma'nawi and thematic inference, he strongly emphasized the centrality of the Qur'an as "the comprehensive ultimate source (kulli) of the Shari'ah, the mainstay of Religion, the wellspring of wisdom, and the paradigm of the [Divine] message" (al-Shatibi, 1996, vol. 2, p. 309). Used as a key term in al-Shatibi's discourse, tawatur ma'nawi had been mainly developed in the context of Muslim jurists' discussions on the epistemological value of solitary reports (akhbar ahad). They distinguished between tawatur lafzi in which the transmitted ahad reports have identical wording and tawatur ma'nawi where the ahad reports, "all having independent chains of transmission, possess one theme in common." Hence, "the knowledge of this theme becomes conclusive as well as immediate" (Hallaq, 1990, p. 20).

From a first reading, al-Shatibi's Muwafaqat would appear as a work in usul al-fiqh, both in its concern and language. However, to regard it as merely so is to underestimate its intellectual and methodological significance for the overall development of usul al-fiqh and its implications for the study of Islamic scriptural sources. Careful attention to the epistemological and methodological premises outlined at the beginning of the book and profound analysis of its overall structure and the main argument running through it clearly shows that it amounts to no less than an entire restructuring of usul al-fiqh, with great epistemological and methodological implications not only for Islamic jurisprudence, but also for the interpretation of the Qur'an as a whole (al-Raysuni, 2005; Hallaq, 1991). In al-Shatibi's view, the main thrust of al-Muwafaqat consists of "a theoretical grounding of the foundations" of knowledge of the Shari'ah (al-Jabiri, 1994, p. 548; al-Shatibi, 1996, vol. 2, p. 88). He considered his approach as novel and original, and advised the reader to shun taqlid and instead rise to a maturity of thought in order to benefit from the book and appreciate its message (al-Shatibi, 1996, vol. 1, p. 26). The question, therefore, arises as to what makes this book unique.

The arrangement of the topics treated in al-Muwafaqat is quite telling of its methodological and epistemological orientation. Of its five parts, the third and the largest one is devoted to a lengthy discussion and analysis of the Shari'ah objectives, hence its title "Kitab al-Maqasid" (Book of the Objectives). Occupying a middle position in the book, this part stands as the unifying ring of its parts and provides a detailed exposition of the central theme around which its entire argument revolves. The discussion of the issues raised in the other parts is geared towards clarifying, elaborating and substantiating this central theme. Al-Shatibi's work was thus a profound renewal of usul al-fiqh which shook its very conceptual and terminological structure, and amounted to a kind of "re-founding" of this discipline from a new perspective (al-Ansari, 2010, pp. 178, 270).

In the first part, al-Shatibi enunciates in thirteen propositions the epistemological principles underpinning his reformulation of Islamic legal theory. A major concern overshadowing his discussion in this respect is with establishing "certitude as the epistemic foundation of the sources of law [fiqh]" (Hallaq, 1999, p. 164). His solution to this issue consists of three main components. The first is what he refers to as definitive rational principles, while the second consists of comprehensive or complete induction of the sources of the Shari'ah (al-Shatibi, 1996, vol. 1, pp. 29-30). As Hallaq (1990, pp. 29-30) rightly indicated, this comprehensive thematic inference represents "the most advanced stage in a prolonged process of theoretical development" and "an extension of al-tawatur al-ma'nawi." For al-Shatibi (1996, vol. 1, p. 29, 35-36, 70-71), inductive inference in the context of the Shari'ah denotes certainty, and operates as follows. It consists of an exhaustive thematic survey and analysis of Shari'ah sources in order to establish universal principles, or simply Shari'ah universals. These universals are similar to mental universals derived from the real world of existence and share with them the properties of universality, regularity, consistency, certainty, and predominance over particulars.

The third component of al-Shatibi's epistemic foundation for the study of the Shari'ah is a combination of the previous two, while equally denoting certainty (al-Shatibi, 1996, vol. 1, p. 30; Ibn 'Ashur, 2006). The importance of the inductive thematic reading of the verses of the Qur'an is to help one uncover their recurring themes, discover the eternal values and infer the anchoring universal principles and general rules enshrined therein. When a specific theme or principle is found to manifest itself repeatedly across a wide spectrum of issues, that theme or principle can be known definitively or hold a high probability of having a comprehensive bearing on all individual cases to which it is relevant (Hallaq, 1991).

Thus, having laid down the epistemic foundations for the study of the Shari'ah, al-Shatibi sets out to expound his understanding of the maqasid. He starts by advancing an essential theological premise on the question of causation and ratiocination with respect to divinely revealed laws. For him, these laws emanate from a fundamental existential purpose consisting of the realization of the "well-being and good of human beings both in this world and in the Hereafter" (al-Shatibi, 1996, vol. 1, pp. 322). In this connection, he takes to task the Ash'ari-Shafi'i scholar Fakhr al-Din al-Razi (d. 606/1209) and his likes for their negative stand on the matter. That the Shari'ah is instituted for the benefit and well-being of human beings is, for him, unquestionable. This is a fact grounded in conclusive inductive inference of its textual sources which neither al-Razi nor anyone else could contest. The Qur'an and Sunnah, al-Shatibi points out, contain countless details that constitute compelling evidence on the certainty and truthfulness of this premise, thus establishing ratiocination as a general characteristic of the Shari'ah in all its spheres of legislation (al-Shatibi, 1996, vol. 1, pp. 322-223; Ibn 'Ashur, 2006).

Like most Sunni jurists before him, al-Shatibi adopted al-Ghazali's taxonomy of the Shari'ah objectives (Hallaq, 1999). The Shari'ah legal obligations, he says, "revolve upon the realization and promotion of its purposes in the human creation," and these purposes consist of the three "categories of daruriyyat, hajiyyat and tahsiniyyat." Comprising the above-mentioned universals (kulliyyat) of religion, life, mind, offspring and property/wealth, the daruriyyat effectively denote those things which are indispensable not only to the proper functioning of the religious-spiritual and mundane affairs of human life, but also to the very existence of human society. In al-Shatibi's view (1996, vol. 1, p. 324), undermining those universals will lead to corruption and chaos in this life and to loss and misery in the hereafter. In order to maintain them, the Shari'ah has followed a two-fold approach: On the one hand, it has taken positive and proactive measures to realize and enhance them; while on the other hand, it has provided preventive measures to protect them in the present and to prevent anything that might affect them in the future.

Inculcating the fundamental articles of faith (such as belief in the oneness of God) and establishing the essential acts of devotional worship (such as prayer) are meant to preserve and promote din, while instituting the rules governing customary practices (such as taking halal food) aims at the preservation of nafs and 'aql. Contractual dealings, such as marriage and commercial transactions, serve to maintain progeny and property as well as life and mind. All these constitute the positive aspect of the Shari'ah's approach to realizing its objectives and promoting its values. The preventive aspect involves matters such as the enactment of penalties, the legislation of the law of compensation and the institution of the principle of enjoining good and forbidding evil (al-Shatibi, 1996, vol. 1, p. 325).

Al-Shatibi (1996, vol. 1, pp. 36-37) also maintains that the five universals constituting the daruri category are a matter of agreement not only among Muslims, but also among other communities. Their knowledge is so deeply engrained in the collective mind and consciousness of the Muslim community that it amounts to the level of necessary knowledge. As mentioned above, this knowledge is grounded in a conclusive thematic induction of the sources of Shari'ah in all spheres of legislation excluding any doubt.

The haji category, al-Shatibi (1996, vol. 1, pp. 326-227) explains, consists of what is needed to alleviate hardship and bring ease and comfort in human life. Without it, people in general would face distress and difficulty in their observance of the Shari'ah law, though this is still considerably much less than the harm which results from the disorder and corruption affecting the universals. In his opinion, this easing spirit which characterizes the Shari'ah's approach to human well-being applies to all spheres of legislation whether in ritual worship, customary and daily life practices, contractual dealings or sanctioning and punishment. For example, the exemption from fasting during the month of Ramadan in the case of sickness or a long difficult journey clearly reflects this spirit. Imposing blood money on the clan or social group of the killer aims at alleviating the financial burden of the implicated individual.

Finally, the tahsini category includes all that improves human life and makes it comfortable and graceful. Matters belonging to tahsiniyyat are not necessary in the sense that without them human life effectively becomes deficient or the Shari'ah commands inoperative; rather, their role is to improve the quality of life and to make the observance of law easier. Ignoring or relinquishing this category is not detrimental to the daruriyyat or hajiyyat, although it concerns the same areas of legislation like them (al-Shatibi, 1996, vol. 1, p. 327).

This brief exposition provides a general view of al-Shatibi's conception of the three categories of maslahah constituting the Shari'ah objectives in human creation. Nevertheless, it does not do justice to the complex structure of his work nor to the sophisticated argument that he developed to expound his ideas. As mentioned above, al-Shatibi's work presents us with a methodological and epistemological restructuring of usul al-fiqh. Two major features of this side of his work need to be highlighted here in order to unravel some of their implications for the study of Islamic jurisprudence. Al-Shatibi's aim, as seen earlier, was not to simply add a new chapter to usul al-fiqh under the heading of maqasid. Rather, the main thrust of his contribution was towards making the concept of Maqasid al-Shari'ah as a central and unifying theme guiding his treatment of all components of the discipline; the knowledge of which he considered as a necessary condition for ijtihad, whether for understanding textual sources or for analogical reasoning and rational extrapolation of the general principles of the Shari'ah to new cases and situations (al-Raysuni 2005). For example, in the part of the book devoted to the adillah or legal proofs, al-Shatibi (1996, vol. 2, pp. 6-7) again bases the discussion on the major premise that the main purpose of the Shari'ah is to preserve and promote the three categories of daruriyyat, hajiyyat and tahsiniyyat underlying its injunctions in all spheres of legislation. This, therefore, requires that legal inquiry into its sources must not be confined to some of its aspects or particulars. Such an inquiry must be comprehensive so as to reflect the inclusive, universal and all-encompassing nature of those categories formed on the basis of inference from a multitude of particulars (juz'iyyat).

Put differently, since these universals constitute "the foundations of the Shari'ah," particulars must always be considered in relation to the universal to which they belong. Conversely, universals derived from Shari'ah sources cannot exist without the particulars forming them (al-Durayni, 2008, vol. 1; al-Shatibi, 1996, vol. 2, pp. 7-8). Similar to Ibn Taymiyyah, he adopted a nominalist view for which universals do not exist as extra-mental entities while only particulars do. Al-Shatibi further upholds that there is a dialectical relationship "between the universal and its particulars [dictating] that the setting aside of a particular is detrimental to the cognate universal." The converse of this is that "considering a universal while neglecting its constituent particulars would undermine that universal" (Hallaq, 1999, p. 167).

This holistic maqasid-based approach to the study of the Shari'ah is clearly reflected in al-Shatibi's (1996, vol. 2, pp. 264-265) discussion of the issue of generic grammatical forms in the Qur'an. In his opinion, generic forms are not the only means to denoting a general or universal meaning as generally understood by usul al-fiqh scholars. There is an equally, and indeed more important method to establishing universal meanings. It consists of induction, be it complete or incomplete. Once a general or universal meaning is established through inductive inference from multiple particulars, it will be applicable to any particular case even if that case is a mere likelihood. This rule, for al-Shatibi, is taken for granted by scholars of both transmitted and rational sciences. For example, removing hardship in the Shari'ah is not merely based on some specific general expressions or generic grammatical forms. Rather, it is inferred from multiple instances obtained in a variety of areas in Islamic law where the notion of alleviating hardship is clearly taken into account. Likewise, we may take for granted that this constitutes a universal principle observed by the Shari'ah in all spheres of legislation.

However, al-Shatibi (1996, vol. 2, pp. 266-667) anticipates that the validity of the inductive method for establishing universal truths in Shari'ah-related matters might be questioned on more than one ground. Two major objections are of special interest to us here. The first is that induction is applicable only to rational concepts and not to legal matters for two main reasons: (1) Meanings in the realm of 'aqliyyat are simple and do not allow for differences and differentiation; as such, the mind can apply the same judgement to similar things whether they are seen or unseen by virtue of logical necessity. (2) By contrast, the shar'iyyat, which belong to conventions (wad'iyyat), do not enjoy the same status as 'aqliyyat which refer to the realities of the realm of existence; as they depend for their existence on the mere will of the authority instituting them. Likewise, similar things may be "disunited and separated", that is, be given different judgements, while opposites may be united, by judging them equally.

The second objection goes as follows. By virtue of being characteristic attributes of particulars, differentiae necessarily imply the existence of one or more than one meaning other than that which serves as basis for the construction of a universal. Unless there is compelling evidence, such differentiae are excluded from the judgement applied to all particulars belonging to a universal, and we are in no position to admit the validity of shar'i universals. If such evidence exists, the whole exercise of forming universals through thematic induction becomes futile, as the notion of 'umum would then depend on textual proofs. Furthermore, in the Shari'ah one finds many instances of particularization whereby some cases are excluded from the general statement under which they were subsumed. Thus, the whole idea of forming universals based on particulars collapses (al-Shatibi, 1996, vol. 2, pp. 233, 267-268).

To answer the first objection al-Shatibi maintains that from an epistemological point of view, there is no difference between shar'iyyat which depend on convention (wad') and authority, and 'aqliyyat, which depend on rational and logical necessity. Both are susceptible to the inductive method, and equally allow for the formation of universals. This is supported by the established intellectual tradition of the earlier generations of Muslim scholars who acquired it from their understanding of the spirit and dispositions of the sources of the Shari'ah. Regarding the second objection, he argues that we do not engage in the formation of a universal in any case, based on the general meaning shared by any multiplicity of particulars; rather, we do so only when we realize that differentiae are not considered. Moreover, if differentiae are to be considered in absolute terms, then analogical reasoning must be abolished as one of the major proofs in Islamic jurisprudence, and we know that this is not the case. Differentiae, therefore, do not affect the construction of universals on the basis of general meaning shared by particulars (al-Shatibi, 1996, vol. 1, p. 70, vol. 2, p. 269; Jughaym, 2002).

The primacy and thematic unity of the Qur'an

The foregoing discussion was meant to bring into focus the main thrust behind al-Shatibi's attempt to reconstruct usul al-fiqh. Thus, for him, Maqasid al-Shari'ah stands as the unifying central theme of Islamic legal theory. An important epistemological and methodological aspect following from this drive deserves more attention here. It concerns the relationship among the surahs of the Qur'an. This is of special significance to the main thesis of this article; which mainly asserts that al-Shatibi was a precursor of the contemporary notion of thematic interpretation of the Qur'an. According to Hallaq (1991, pp. 71-72), al-Shatibi's view of the Qur'an transcends the boundaries within which it had been confined by the jurists, thus making him "closer to the doctrine of the exegetes than that of fellow legal scholars." Without going into a detailed analysis of al-Shatibi's Qur'anic hermeneutics, our brief discussion of his inductive thematic method for inferring Shari'ah universals enables us to realize the overall orientation of that hermeneutics. What matters most for us in this study is to see how the aforementioned issue has been addressed in al-Muwafaqat.

At the outset of his discussion of the adillah (the Shari'ah legal-proof sources), al-Shatibi (1996, vol. 2, pp. 36-38, 309) expresses his disinterest in discussing all issues usually discussed by scholars of usul al-fiqh, and especially those related to ijma' (juristic consensus) and ra'y (exertion of personal opinion in ijtihad), as earlier scholars had already dealt with them satisfactorily. He chose instead to expand his viewpoint on how the Qur'an and the Sunnah should be approached in a maqasid-based legal theory, both in terms of conceptualizing the status of each of them and of the methodology required to interpret them. In what follows, we shall focus on what he had to say regarding the Qur'an, leaving aside his insights concerning the Sunnah as they lie beyond our purpose here.

To start with, al-Shatibi seems to have been as equally uncomfortable with the way legal theorists conceived the status of the Qur'an as a source of legal rulings and commands as with the methodology they devised for interpreting its verses. In their formulations, the amplitude of the Qur'an had been reduced to a set of legal statements from which legal rulings would be derived. This is mostly reflected in their debate over the number of the verses with legal import or ayat ahkam. Of the more than six thousand verses of the Qur'an barely five hundred are considered as ayat ahkam, the knowledge of which is required for the jurist. Moreover, only verses revealed in Madinah are to be included in this category. This is for the perceived reason that it was during the Madinan period that the Qur'an began legislating on practical matters and laying down rules and laws to regulate individual and collective life (abu Zahrah, 1997; al-Ghazali, 1997, vol. 2; al-Khudari, 1983). This might imply that the rest of the Qur'anic verses are irrelevant to the enterprise of the jurist, or at least have no direct bearing on legal inquiry. Thus, an atomistic approach to the Qur'an may be said to have permeated usul al-fiqh (Shams al-Din, 1999).

To rectify this situation, al-Shatibi (1996, vol. 2, pp. 309, 331-332, 335) emphasizes the Qur'an as "the absolute and all-inclusive source of the Shari'ah, the mainstay of the Muslim community, the wellspring of wisdom, the paradigm of the message [of Islam], etc." Accordingly, he insists that it is incumbent upon anyone seeking to know the universal foundations (kulliyyat) of the Shari'ah and aspiring to understand its intentions and associate oneself with its people to take it as his "intimate companion day and night". This is because the abovementioned Shari'ah universals have been emphasized in the Qur'an in the most perfect manner. He further argues that no single issue would occur that cannot be traced back to a general rule or a universal principle laid down in the Qur'an.

Al-Shatibi's (1996, vol. 1, pp. 368-371, 414-434) strong emphasis on the completeness, self-sufficiency and comprehensiveness of the Qur'an is only paralleled by his emphasis on the manner in which the relationship between its verses should be perceived. For him, the proper way to comprehend the Qur'anic discourse is to approach its verses in their chronological sequence and interrelatedness as an integral whole. Madinan revelations must be seen as a continuation and elaboration of Makkan ones. Similarly, later revelations in each category must be seen as confirmation, prolongation or elaboration of those preceding them. According to al-Shatibi's analysis, there is within the Qur'an a thematic continuity and unity which flows, generally speaking, according to the chronological order of revelations from the most fundamental and universal to the most particular and less fundamental. Confining legal inquiry to ayat al-ahkam, which are exclusively Madinan revelations, would simply mean losing sight of the foundations and universals of the Shari'ah laid down in the Makkan revelations. To illustrate how the thematic continuity and interrelatedness in the Qur'an is manifested, he examined (al-Shatibi, 1996, vol. 2, pp. 369-370, 375-381; Hallaq, 1991, 1999) the two long surahs of al-An'am (Cattle) and al-Baqarah (Cow).

As a Makkan revelation, the first surah laid down the foundations of faith and belief; and it was on this basis that Muslim theologians worked out their thought systems, beginning with the affirmation of the existence of the Necessary Being to the issue of imamah or political rule. According to al-Shatibi, when we examine it closely by following his suggested approach, we will realize that it also provides the foundations and universal principles of the Shari'ah understood as a comprehensive code of life. Likewise, it enunciates essential commandments pertaining to ascribing divinity to none other than God, the sanctity of human life and economic property, goodness to parents, protection of children, observing justice and equity in economic and social dealings, in addition to avoiding shameful deeds whether openly or secretly. All these are laid out in the context of an exposition of the Qur'anic view of the universe as well as of human history and the place of Revelation and prophethood in it. Undermining or ignoring one of those principles and foundations may result in damage to the entire Islamic legal system or at least the demolition of one of its universals. Besides confirming the universal values and overarching principles established in the surah of the Cattle relating to the preservation of religion, life, intellect, progeny and property, the surah of the Cow, one of the earliest Madinan revelations, provides details pertaining to the different forms of human acts, including things such as devotional rituals, diet, marriage, commercial transactions and crime. Accordingly, what was revealed in Madinah subsequent to this surah must be seen in its light, just as what was revealed in Makkah after the surah of the Cattle must be viewed in the light of the latter. This, al-Shatibi insists, is a general phenomenon characterizing the entirety of the verses of the Qur'an in their interrelatedness. Any attempt at a proper understanding of God's Word must take this fact as the guiding truth in Qur'an exegesis.

Besides developing a coherent methodology for the understanding of the Qur'an, al-Shatibi's hermeneutic views as analyzed above also aimed at overcoming two conflicting positions towards the textual sources of the Shari'ah. On the one hand, among the mystics one found the extremist view of the Batinis advocating esoteric knowledge acquired through mystic visions and inspirations which transgressed the canons of reason and violated the established rules of language. For them, the way to knowing the Lawgiver's intent lies beyond the linguistic structure of Revelation. This position violates the rational and linguistic norms of understanding and communication. It amounted to merely following one's vagaries being superimposed on the Qur'an. On the other hand, the zahiris confined the means to knowing that intent to the literal level and apparent meaning of the Qur'anic text, therefore rejecting any attempt at discovering the inner meanings and deeper purposes underlying the Shari'ah commands and reflecting its sublime values (al-Shatibi, 1996, vol. 2, pp. 546-566, vol. 1, pp. 666-667). Both positions, al-Shatibi explains, are inimical to a sound understanding of the Shari'ah. They "stand opposite to reasonable, moderate, and middle-of-the-road interpretations" (Hallaq, 1991, p. 75). In this balanced approach, "the Shari'ah runs in a consistent, systematic manner allowing for no discrepancy or contradiction;" likewise, all kinds of violation of the text and its deeper meanings are avoided (al-Shatibi, 1996, vol. 2, pp. 667-673).

Two principles seem to inform al-Shatibi's methodology for understanding the Qur'an (al-Shatibi, 1996, vol. 2, pp. 372, 381). The first is that "discourse is not meant for mere comprehension of its words ('ibarah), but for grasping what is expressed and intended [by it]". Words and expressions are just means to realizing the intent or purpose of discourse. This is a fact that every sound-minded person must behold. The second principle is that the real meanings of many verses in the Qur'an may not be truly understood except through reference to other verses. In other words, Qur'anic verses "depend on one another for their understanding" because the Qur'an constitutes "one single coherent discourse." Hence, the dictum, "the Qur'an explicates the Qur'an" (al-Farahi, 2008; al-Qaradawi, 2000; Ibn Taymiyyah, 1992).

One important goal sought by al-Shatibi in basing his study of the Shari'ah on inductive inference was to attain certainty in establishing the universal objectives and anchoring principles embodying its eternal values. It follows that once something has been found to constitute part of those objectives and principles, such a thing would not be subject to abrogation whatever the circumstances might be. This is for the reason that abrogation does not occur in the universal rules of the daruriyyat, hajiyyat and tahsiniyyat. Likewise, all that leads to the preservation and enhancement of the five universal necessities is grounded in conclusive evidence deriving from thematic inference that denotes certainty. Yet, this does not exclude abrogation in some particulars of those universals. Abrogation of such particulars, though, itself occurs as another way to preserving the universals. It would be absurd, al-Shatibi believes, if abrogation occurs to the Shari'ah universals since they are considered to be "observed in every religious community, even though the ways of preserving them might be different from one community to another" (al-Shatibi, 1996, vol. 2, 109). To further support this point, al-Shatibi invokes the following two verses:

In matters of din, He has ordained for you that which He had enjoined upon Noah - and which We gave thee [Muhammad] insight through revelation - as well as that which We had enjoined upon Abraham, and Moses, and Jesus: Steadfastly uphold the [true] faith, and do not break up your unity therein (Qur'an, 42:13).

And now, although the unbelievers may choose to deny these truths (i.e. the manifestations of God's oneness and of the revelation of His will through the prophets), [know that] We have entrusted them to people who will never refuse to acknowledge them - to those who God has guided. Follow then their guidance (Qur'an, 6:89-90).

The first verse refers to common universal truths, which all God's messengers have conveyed to mankind through the different revelations entrusted to them. The term "din" in it refers to "religion in its generic sense", including Islam and all revealed religions which came before it. As for the commonality or sameness of such religions, it pertains to their identity in "the fundamentals of faith as regards the necessary attributes of God and the principles of the Law as pertaining to the universals of legislation. Most important in this is the oneness of God, and the things following it, especially the five necessary universals and the hajiyyat, without which the human order would be unable to stand upright and function properly." With its purpose being to describe the originality and uprightness of Islam, the verse may be understood to mean that God has ordained for mankind "The original religion with which He sent Noah in the old times, Muhammad in later times, and those in between" (Asad, 2011; Ibn 'Ashur, 1997, vol. 12/25, pp. 50-51).

The second verse concludes a detailed exposition of the careers of God's messengers prior to Prophet Muhammad, such as Noah, Abraham, Joseph, Moses and Jesus (Qur'an, 6:74-90). Their guidance -which Muhammad was enjoined to follow- thereby consists of what pertains to "the fundamentals of the laws (usul al-shara'i') as well as purification of the self and good morality." Hence, the guidance referred to in the verse concerns the fundamentals of religious faith and foundations of ethics and legislation on which different laws concur (Ibn 'Ashur, 1997, vol. 4/7, p. 357). Emphasizing the unchanging sameness of the spiritual and moral principles underlying all revealed religions, these and other similar verses refer "to the ecumenical unity of all religions based on belief in the One God, notwithstanding all the differences with regard to the specific statutes and practices enjoined for the benefit of the various communities in accordance with their [time-bound] conditions" (Asad, 2011, pp. 885-886).

Al-Shatibi's argument on the non-abrogation of the Shari'ah universals does not simply depend upon thematic inference from the textual sources of Revelation. Rather, it also rests on the history of human thought and experience. That is, since the Shari'ah contemplates the good and well-being of humanity, it is characteristic of Islamic legislation to be concerned about emphasizing meanings that are intelligible to the human mind by highlighting the causes and wise purposes behind its commands, especially in customary affairs of life. This is by virture of the fact that the consideration of rational meanings was widespread among humans even during times when no Divine revelation was available; thus rational and thinking people "relied on it for attaining human well-being and benefits." In so doing, they applied the universal meanings of those masalih in such a way that they generally led to the desired results, notwithstanding the fact that they were defective in many details. The Shari'ah then was revealed to rectify the situation and to perfect the realization of human well-being in such a way that its details would run according to "their established fundamental principles" (al-Shatibi, 1996, vol. 1, pp. 590-59, 352-353). Likewise, the Shari'ah values are in essence "something innate within humans, and so, universal across denominational lines" (Reinhart, 2005, p. 5); hence, the congruence of Qur'anic commands with man's capacity not only to know good from evil, but also to perceive matters and distinguish between them accordingly.

The cognitive certainty and existential universality of the daruriyyat, hajiyyat and tahsiniyyat whose meanings permeate all the domains and textual sources of the Shari'ah do not however imply that they operate in mechanical and deterministic ways that are blind to real situations. In fact, exceptions to general rules do occur in the Shari'ah. That is to say, "since the Lawgiver's intent is to subject human beings to general rules, and since customary matters in God's Norm flow in accordance with what is predominant rather than what is all-inclusive, and because the Shari'ah has been instituted according to such norms, what should then be observed is to apply universal rules in accordance with what is customary and normal rather than perfect and all-inclusive universality." As an example, Divine obligations on human beings are linked to reaching the age of puberty, taking it as the indicator of their attaining sound rational discrimination, which is the basis of obligation in the Shari'ah. Some individuals, however, may attain the stage of rational discrimination before physical puberty, while others may be weak-minded and lacking in rational discrimination even though they have transgressed the age of puberty. Such instances, however, do not undermine the universal rule (al-Shatibi, 1996, vol. 2, pp. 5-7, 236-237).

From al-Shatibi's thematic induction to Draz's thematic tafsir

As far back as the early 1930s, Muhammad A. Draz, an Azharite teacher, was busy pondering the best way to approach the Qur'an in his tafsir classes (Draz, 1993, pp. 7-10). A new methodology, he felt, was needed if a proper understanding and effective appreciation of its message was to be attained, without necessarily breaking with scholarly traditions of the forefathers. Mainly concerned with the style and modes of expression of the Qur'an in conveying its message thus constituting its "linguistic miracle," Draz (1993, pp. 80-142) came to the conclusion that the unity of discourse and coherence of argument were prominent features of the Qur'an. As he clearly acknowledges, the way for this discovery had been paved by some insightful scholars who examined its surahs and verses in an integrated holistic manner, and it was al-Shatibi who thus articulated it by asserting that:

Many and numerous may be the issues addressed in a surah. It remains, nevertheless, a single whole linking its beginning with its end, having an overall objective to which all its parts relate in the same way as sentences expressing a single idea are interrelated. Anyone who wishes to study the structure of a surah must begin by looking at it as a single whole, just as they must look at the whole idea before considering its details (al-Shatibi, 1996, vol. 2, pp. 375-376; Draz, 1993, p. 109).

Pointing out that al-Shatibi had applied the methodological approach implied by the above dictum to surat al-Mu'minun (the Believers), Draz (1993, p. 109, 142, 144) observes that students of the Qur'an are gravely mistaken "when looking at the partial (or immediate) links between two or more adjacent issues, without considering the overall system that applies to the whole surah." In order to appreciate the richness of the style of the Qur'an and discover its wealth of meaning, one should take the "unity of each surah" as an essential tool in that search. By considering its style over a whole surah, which may include different topics, with different passages revealed on different occasions and varying circumstances, "we will find the consistency of style and the unity of subject matter at their most wonderful." This derives from the fact that despite its characteristically clear sense of word economy, the Qur'anic discourse maintains "perfect coherence of all its constituent elements and the firm bonding of all its parts which make of it a single unit that cannot be split up."

To demonstrate the validity and usefulness of the unity-of-surah thesis, Draz (1993, pp. 163-210; El-Mesawi, 2005) undertook to analyze surat al-Baqarah (The Cow), the longest chapter in the Qur'an, following nearly the same steps al-Shatibi (1996, vol. 2, pp. 377-381) had followed in respect of surat al-Mu'minun. One of his main reasons for choosing surat al-Baqarah was that there was a possibility to discover in it incoherence or discrepancy of style in the narrative due to the variety and large number of topics it covers and the long span of time over which it was revealed. Careful examination, however, revealed it to be "a coherent structure built of main purposes that are rooted in an elaborate system laying down every aspect [of the topics addressed in the surah], giving it its sections and branches which are then further divided into long and short subdivisions" (Draz, 1993, p. 155).

Much like al-Shatibi, thematic unity of the surah was for Draz only a prelude to a more holistic approach to the Qur'an as a whole on the basis of handling special topics by examining all relevant material throughout its different chapters, thus shunning the atomistic, piecemeal method which could only lead to inadequate grasp of its meanings. However, they differed on the criteria to be employed in this enterprise. While al-Shatibi chose the chronological sequence of revelations as the basis for his thematic analysis, Draz (1983, pp. xv-xvi, xxiii) took the "logical unity" and "coherent structure" of the topics or themes to be studied as his criterion, a concern which was later expressed by Baqir al-Sadr (1990) and Fazlur Rahman (2009). For this purpose, he set out to study the moral teachings of the Qur'an as a "unified system" linking together the fundamental moral truths expounded throughout its chapters and verses in an attempt to circumscribe the Qur'anic ethical theory by analytically tracing out its meta-ethical or philosophical foundations, its conceptual framework and its practical manifestations (Draz, 1983, p. xxiii).

For Draz, the thematic approach to interpreting the Qur'an serves an intellectual and epistemological purpose, namely, that of understanding its teachings on its own terms by not subjecting them to preconceived or pre-existing models, while however endeavouring not to fall into dogmatic self-enclosure, that would prevent comparison and engagement. Such an enterprise was required to meet the intellectual and cultural need of bringing the Qur'anic perspective to the attention and conscience of humanity, from which "the history of moral doctrines will gain much in terms of scope, profundity and harmony." Thus, it would enable moral thought "to overcome its old and new difficulties" by providing greater understanding of the human condition and laying the foundation for an enhanced humanism (humanisme élargi) so that people of good "will extend their hands for the greater good of humanity" (Draz, 1983, pp. xii-xiii, xxv).

That being the vision which guided Draz in terms of both methodology and purpose, what has been said is deemed sufficient to prove the main thesis that al-Shatibi not only paved the way for thematic exegesis, but also inspired at least one of its pioneers in modern times whose contributions have set a model for subsequent scholars, such as Muhammad al-Ghazali (2000) and Muhammad Baqir al-Sadr (Kassar, 1996). It is nonetheless certain that further studies are needed to assess whether the accumulated literature on tafsir mawdu'i over the last six decades has resulted in a qualitative breakthrough, effectively laying the ground for what Fazlur Rahman aspired for, namely, a Qur'an-inspired "Islamic intellectualism" (Rahman, 1982, p. 1).

Conclusion

The central thesis of this article revolves around the epistemological and methodological reform which al-Shatibi undertook with respect to usul al-fiqh. As we have elaborated, his approach went beyond making mere technical changes to redefine certain terms and concepts throughout the complex structure of this discipline or to widen their scope and refine their meaning. Moreover, he did not content himself with the mere rearranging of materials constituting it, according to new criteria. Nor did he perceive his task as simply adding new terminology or new subjects for discussion. His reform was a complete restructuring of usul al-fiqh from a new epistemological and methodological perspective in which Maqasid al-Shari'ah constituted not only the unifying theme of its topics and propositions, but also the overwhelming spirit which permeates it throughout and reshapes its entire structure.

Although he attached considerable importance to language and linguistic considerations in understanding the Qur'anic discourse, he strove to free those considerations from what may be described as the mechanical use thereof, especially by means of his untiring insistence on the intents of the Lawgiver. These intents, as we have seen in our discussion of his view of the place of the Qur'an and the methodology needed for its interpretation, may be known only on the basis of a holistic approach to its verses and chapters that transcends the atomistic treatment of it by jurists and exegetes alike.

Building on his Andalusian predecessor, Draz embraced the thematic approach to the interpretation of the Qur'an from within the field of tafsir and Qur'anic studies. His work and influence have yet to be critically assessed in light of the intellectual and cultural developments that have taken place in Muslim life, especially in the world of academia.

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