The Roots of Pragmatic Thought in Al-Shatibi’s Maqasid-Oriented Jurisprudential Discourse

Abstract

It may be observed that the primary sacred text—represented by the Noble Qur’an, revealed to the Prophet Muhammad (peace be upon him) in both wording and meaning—and the secondary sacred text—represented by the Prophetic Hadith, conveyed by the Prophet (peace be upon him) in the meaning intended by God Almighty, as the first Legislator, as affirmed in His saying: “It is nothing but revelation revealed”—and though the latter is considered a secondary source, it derives from the light of the former—together indicate that the foundation of legal rulings lies in a specific purpose inherent within them. This purpose explains the legal ruling as it is dispersed throughout the issue in its entirety, except in matters of the unseen, which belong exclusively to God Almighty. If this second element—the purpose behind the legal ruling—is absent, then the first cannot stand independently, and this constitutes a flaw on the part of the legal theorist who seeks to extract rulings, leading to distorted interpretation and unsound derivation.