Muhammad al-Tahir ibn Ashur

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===Expansion in the Use of Masalih Mursala (Unrestricted Public Interests) ===

Imam Malik acted upon *masalih mursala* more than other imams and advocated for an expanded use of it.<ref>Faraj Husayn and Muhammad al-Surayti, *Al-Nazariyyat al-'Amma fi al-Fiqh al-Islami wa Tarikhih*, p. 400.</ref> Ibn Ashur also extensively discusses the concept of public interest (*maslaha*) in Sharia in his "Maqasid al-Shari'a al-Islamiyya." By dividing interest into general and specific, he states that general interest is anything that benefits the public, while specific interest is that which secures the well-being of each individual without considering their social status.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 279.</ref>

Imam Malik acted upon masalih mursala more than other imams and advocated for an expanded use of it.<ref>Faraj Husayn and Muhammad al-Surayti, *Al-Nazariyyat al-'Amma fi al-Fiqh al-Islami wa Tarikhih*, p. 400.</ref> Ibn Ashur also extensively discusses the concept of public interest (maslaha) in Sharia in his "Maqasid al-Shari'a al-Islamiyya." By dividing interest into general and specific, he states that general interest is anything that benefits the public, while specific interest is that which secures the well-being of each individual without considering their social status.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 279.</ref>

===The Theory of Leniency and Tolerance in Sharia ===

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== The Nature and Place of Tolerance in Islam in Ibn Ashur's Thought ==

Ibn Ashur considers tolerance and forbearance with believers to be the primary characteristic of Islamic Sharia and its greatest objective.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 268.</ref> He cites verses such as [[Quran 2:85]], [[Quran 22:78]], and [[Quran 5:6]], along with several narrations from the Prophet (s), as evidence for the correctness of the theory of tolerance in Islam.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, pp. 270-271.</ref> He considers tolerance to be a necessary consequence of Islam's nature-based (*fitri*) foundation and asserts that the most significant difference between Islam and other religions is its basis in human nature.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, p. 92.</ref> According to Ibn Ashur, tolerance is a boundary between strictness and laxity and reverts to the concept of moderation and being a middle way.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, p. 92.</ref>

Ibn Ashur considers tolerance and forbearance with believers to be the primary characteristic of Islamic Sharia and its greatest objective.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 268.</ref> He cites verses such as [[Quran 2:85]], [[Quran 22:78]], and [[Quran 5:6]], along with several narrations from the Prophet (s), as evidence for the correctness of the theory of tolerance in Islam.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, pp. 270-271.</ref> He considers tolerance to be a necessary consequence of Islam's nature-based (fitri) foundation and asserts that the most significant difference between Islam and other religions is its basis in human nature.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, p. 92.</ref> According to Ibn Ashur, tolerance is a boundary between strictness and laxity and reverts to the concept of moderation and being a middle way.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, p. 92.</ref>

In Ibn Ashur's view, tolerance has a profound effect on the spread of the Sharia and the continuation of its vitality. By bringing together all this evidence, he concludes that tolerance is one of the most important religious topics.<ref>Ibn Ashur, *Usul al-Nizam al-Ijtima'i fi al-Islam*, p. 227.</ref> He considers the divine Sharia to be one that possesses tolerance, avoidance of harshness, stability and change in legislation, and [[equality]] and [[freedom]].<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 22, p. 71; *Usul al-Nizam al-Ijtima'i fi al-Islam*, p. 223; *Maqasid al-Shari'a al-Islamiyya*, pp. 111-112.</ref>

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==The Rationalizability of Rulings: A Foundation for Engagement with Modern Rationality==

One of the foundations of interest-based reasoning (*maslahat-gara'i*) and the rationalization of fiqh is the extent of adherence to their literal meanings versus opening the field to rationalization (*ta'lil*). Ibn Ashur is among the scholars who accepted the [[Ta'lil-paziri Ahkam|rationalizability of rulings]].<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, pp. 93-96.</ref>

One of the foundations of interest-based reasoning (maslahat-gara'i) and the rationalization of fiqh is the extent of adherence to their literal meanings versus opening the field to rationalization (ta'lil). Ibn Ashur is among the scholars who accepted the [[Ta'lil-paziri Ahkam|rationalizability of rulings]].<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, pp. 93-96.</ref>

He based his theory of Maqasid al-Shari'a on three rational foundations: human nature (*fitra*), public interest (*maslaha*), and rationalization (*ta'lil*). Ibn Ashur linked the rationalization of religious thought within the sphere of legislation to the belief in the rationalizability of rulings, referring to it as "the rationality of legislation."<ref>Ibn Ashur, *Usul al-Nizam al-Ijtima'i fi al-Islam*, pp. 53-58.</ref> He believed that: denying rationalization would lead to rigidity based on the literal meanings of religious texts in argumentation, which in turn would lead the Sharia into a state of stagnation and halt in establishing religious rulings for new events, and there is a fear that it would lead to negating the capabilities of the Sharia for all times and places.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 47.</ref>

He based his theory of Maqasid al-Shari'a on three rational foundations: human nature (fitra), public interest (maslaha), and rationalization (ta'lil). Ibn Ashur linked the rationalization of religious thought within the sphere of legislation to the belief in the rationalizability of rulings, referring to it as "the rationality of legislation."<ref>Ibn Ashur, *Usul al-Nizam al-Ijtima'i fi al-Islam*, pp. 53-58.</ref> He believed that: denying rationalization would lead to rigidity based on the literal meanings of religious texts in argumentation, which in turn would lead the Sharia into a state of stagnation and halt in establishing religious rulings for new events, and there is a fear that it would lead to negating the capabilities of the Sharia for all times and places.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 47.</ref>

Apart from purely ritualistic rulings, Ibn Ashur considers all devotional and transactional rulings to be rationalizable, and their underlying causes can be discovered through ijtihad.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, pp. 240-241.</ref> This theory led to criticism from several thinkers against Ibn Ashur, questioning why he sought causes for even the most minor jurisprudential issues.<ref>Al-Fasi, *Maqasid al-Shari'a wa Makarimuha*, p. 1.</ref>

=== Regarding the Striking of Women ===

In the discussion of striking women under [[Quran 4:34]], Ibn Ashur emphasizes that one cannot argue for the permissibility of hitting a wife based on a "strike" (*darb*) that originates from disobedience and displeasure approved by Arab custom (*'urf*); because this law was based on the custom of Arab society at that time, and the differences among people were also considered. In his commentary, to prevent men from abusing this ruling, Ibn Ashur, emphasizing that "few are those who punish in proportion to the sin," points to the role of the government in this matter, saying: to prevent men's abuse of such rulings, the government can take on the implementation of these rulings itself and punish anyone who arbitrarily takes them into their own hands.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 119.</ref>

In the discussion of striking women under [[Quran 4:34]], Ibn Ashur emphasizes that one cannot argue for the permissibility of hitting a wife based on a "strike" (darb) that originates from disobedience and displeasure approved by Arab custom ('urf); because this law was based on the custom of Arab society at that time, and the differences among people were also considered. In his commentary, to prevent men from abusing this ruling, Ibn Ashur, emphasizing that "few are those who punish in proportion to the sin," points to the role of the government in this matter, saying: to prevent men's abuse of such rulings, the government can take on the implementation of these rulings itself and punish anyone who arbitrarily takes them into their own hands.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 119.</ref>

== Ibn Ashur and Maqasid al-Shari'a ==

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=== Classification of Maqasid ===

According to Ahmad al-Raysuni, one of Ibn Ashur's innovations is that he opened a new dimension for the perspective of Maqasid, which lies between the general and specific objectives.<ref>Al-Raysuni, *Al-Dhari'a ila Maqasid al-Shari'a*, p. 69.</ref> In another of his works, al-Raysuni writes: The objectives of Sharia are of three types; general objectives, specific objectives, and particular objectives.<ref>Al-Raysuni, *Al-Fikr al-Maqasidi, Qawa'iduhu wa Fawa'iduh*, p. 15.</ref> Al-Raysuni defines particular objectives as: objectives that are above the specific objectives and below the general ones, and they pertain to a specific legislation.<ref>Al-Raysuni, *Muhadarat fi Maqasid al-Tashri'*, p. 97.</ref> Ibn Ashur believes that obtaining the objectives is possible through three ways: induction (*istiqra'*), clear Quranic evidence, and consecutively transmitted Sunnah (*mutawatir*).<ref>Al-Hasani, *Nazariyyat al-Maqasid 'ind al-Imam Muhammad al-Tahir ibn Ashur*, p. 231.</ref>

According to Ahmad al-Raysuni, one of Ibn Ashur's innovations is that he opened a new dimension for the perspective of Maqasid, which lies between the general and specific objectives.<ref>Al-Raysuni, *Al-Dhari'a ila Maqasid al-Shari'a*, p. 69.</ref> In another of his works, al-Raysuni writes: The objectives of Sharia are of three types; general objectives, specific objectives, and particular objectives.<ref>Al-Raysuni, *Al-Fikr al-Maqasidi, Qawa'iduhu wa Fawa'iduh*, p. 15.</ref> Al-Raysuni defines particular objectives as: objectives that are above the specific objectives and below the general ones, and they pertain to a specific legislation.<ref>Al-Raysuni, *Muhadarat fi Maqasid al-Tashri'*, p. 97.</ref> Ibn Ashur believes that obtaining the objectives is possible through three ways: induction (istiqra'), clear Quranic evidence, and consecutively transmitted Sunnah (mutawatir).<ref>Al-Hasani, *Nazariyyat al-Maqasid 'ind al-Imam Muhammad al-Tahir ibn Ashur*, p. 231.</ref>

Ismail al-Hasani, who has tried to take a critical look at Ibn Ashur's theory, believes that the ways Ibn Ashur relied on—in proving the Maqasid al-Shari'a—only lead to general objectives; because they either revert to induction, ... or to Quranic evidence that indicates a general objective.<ref>Al-Hasani, *Nazariyyat al-Maqasid 'ind al-Imam Muhammad al-Tahir ibn Ashur*, p. 430.</ref> He believes: the ways of proving the objectives according to Ibn Ashur are not confined to what he presented in a small part of his book on Maqasid, but rather, contemplation of the methodology of the discussion leads the researcher to discover other ways of proving the objectives.<ref>Al-Hasani, *Nazariyyat al-Maqasid 'ind al-Imam Muhammad al-Tahir ibn Ashur*, p. 430.</ref>

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Ibn Ashur considers the social and political spheres to be among the concerns of religion and, unlike figures such as [[Ali Abdel Raziq]], does not recognize secularism. He places the foundations of the social system of religion under two arts: the first art is based on noble ethics, justice, fairness, unity, and philanthropy, and the second art is based on [[equality]], [[freedom]], rights, justice, and [[tolerance]], etc.<ref>Ibn Ashur, *Usul al-Nizam al-Ijtima'i fi al-Islam*, p. 122.</ref>

In his book "Usul al-Nizam al-Ijtima'i fi al-Islam," given his social perspective on Islam and religious governance, Ibn Ashur speaks in detail about rulers and their conditions and methods of selection. He also considers this perspective in his commentary. For example, in his commentary on [[Quran 4:59]], he considers "those in authority" (*uli al-amr*) to be those to whom the people have entrusted their governance.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 165.</ref> From this statement by Ibn Ashur, it can be understood that he considers the method of selection to be something in line with modern democracies; however, when it comes to explaining the conditions of rulers, he can no longer be seen as aligned with modern ideas regarding governance; because in his belief, "those in authority" in the view of the Sharia are a specific group of religious leaders of the Muslim community whose attributes must be found in the Sharia.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 166.</ref>

In his book "Usul al-Nizam al-Ijtima'i fi al-Islam," given his social perspective on Islam and religious governance, Ibn Ashur speaks in detail about rulers and their conditions and methods of selection. He also considers this perspective in his commentary. For example, in his commentary on [[Quran 4:59]], he considers "those in authority" (uli al-amr) to be those to whom the people have entrusted their governance.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 165.</ref> From this statement by Ibn Ashur, it can be understood that he considers the method of selection to be something in line with modern democracies; however, when it comes to explaining the conditions of rulers, he can no longer be seen as aligned with modern ideas regarding governance; because in his belief, "those in authority" in the view of the Sharia are a specific group of religious leaders of the Muslim community whose attributes must be found in the Sharia.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 166.</ref>

== Religious Government and Human Freedoms ==

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Ibn Ashur believes that since reason and thought are the main essence of man, freedom of thought and expression are among the undeniable rights of all human beings, and transgressing this right is a great injustice to people. By further explaining the concept and aspects of each of these freedoms, Ibn Ashur clarifies their relationship and proportion to a religious society. Regarding freedom in the realm of behavior, he says: limiting this type of freedom for the non-infallible is very difficult; therefore, it is obligatory for rulers to be cautious and not resort to limiting freedoms beyond what leads to repelling corruption and attracting public interest; because that would be oppression.

Ibn Ashur goes so far in his belief in human freedoms that he believes the [[Quran 2:256|verse "There is no compulsion in religion"]] abrogates the verses of fighting (*qital*); because Islam is a religion that must be chosen with freedom and choice. The importance of this point lies in the fact that in the political theory of many of Ibn Ashur's co-religionists, obedience is the principle, and opposition to the ruler is considered rebellion against the Caliph of Islam.

Ibn Ashur goes so far in his belief in human freedoms that he believes the [[Quran 2:256|verse "There is no compulsion in religion"]] abrogates the verses of fighting (qital); because Islam is a religion that must be chosen with freedom and choice. The importance of this point lies in the fact that in the political theory of many of Ibn Ashur's co-religionists, obedience is the principle, and opposition to the ruler is considered rebellion against the Caliph of Islam.

=== Governmental Position of the Prophet of Islam (s) ===

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==Critique and Review of Works and Views==

Due to his status in the fields of exegesis, jurisprudence, legal principles, Maqasid-orientation, and his critique of secularist views on the relationship between religion and politics, Ibn Ashur has attracted the attention of scholars, and his works and views have faced critical examination. *Naqd al-Fikr al-Maqasidi 'ind al-Shaykh Muhammad al-Tahir ibn Ashur* by Muhammad al-Madnini, a collection of articles titled *Maqasid al-Shari'a 'ind al-Tahir ibn Ashur*, the book *Fiqh al-Insan* by Amr al-Sha'ir, *Manhaj al-Imam al-Tahir ibn Ashur fi Tafsir "Al-Tahrir wa'l-Tanwir"* by Nabil Ahmad Saqr, and *Madkhal ila al-'Aql al-Usuli lil-Imam al-Tahir ibn Ashur* by Abd al-Fattah ibn al-Yamani al-Zuwayni are examples of works and scholars who have studied Ibn Ashur's legacy with a critical eye.

Due to his status in the fields of exegesis, jurisprudence, legal principles, Maqasid-orientation, and his critique of secularist views on the relationship between religion and politics, Ibn Ashur has attracted the attention of scholars, and his works and views have faced critical examination. Naqd al-Fikr al-Maqasidi 'ind al-Shaykh Muhammad al-Tahir ibn Ashur by Muhammad al-Madnini, a collection of articles titled Maqasid al-Shari'a 'ind al-Tahir ibn Ashur, the book Fiqh al-Insan by Amr al-Sha'ir, Manhaj al-Imam al-Tahir ibn Ashur fi Tafsir "Al-Tahrir wa'l-Tanwir" by Nabil Ahmad Saqr, and Madkhal ila al-'Aql al-Usuli lil-Imam al-Tahir ibn Ashur by Abd al-Fattah ibn al-Yamani al-Zuwayni are examples of works and scholars who have studied Ibn Ashur's legacy with a critical eye.

===Inattention to the Historicity of the Maqasid of Sharia ===

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[[Category:Biographical Articles]]

[[fa:محمدطاهر بن عاشور]]

[[Category:Contemporary Jurisprudence Articles]]

@@ Line 57: / Line 57: @@
 ===Expansion in the Use of Masalih Mursala (Unrestricted Public Interests) ===
-Imam Malik acted upon *masalih mursala* more than other imams and advocated for an expanded use of it.<ref>Faraj Husayn and Muhammad al-Surayti, *Al-Nazariyyat al-'Amma fi al-Fiqh al-Islami wa Tarikhih*, p. 400.</ref> Ibn Ashur also extensively discusses the concept of public interest (*maslaha*) in Sharia in his "Maqasid al-Shari'a al-Islamiyya." By dividing interest into general and specific, he states that general interest is anything that benefits the public, while specific interest is that which secures the well-being of each individual without considering their social status.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 279.</ref>
+Imam Malik acted upon masalih mursala more than other imams and advocated for an expanded use of it.<ref>Faraj Husayn and Muhammad al-Surayti, *Al-Nazariyyat al-'Amma fi al-Fiqh al-Islami wa Tarikhih*, p. 400.</ref> Ibn Ashur also extensively discusses the concept of public interest (maslaha) in Sharia in his "Maqasid al-Shari'a al-Islamiyya." By dividing interest into general and specific, he states that general interest is anything that benefits the public, while specific interest is that which secures the well-being of each individual without considering their social status.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 279.</ref>
 ===The Theory of Leniency and Tolerance in Sharia ===
@@ Line 63: / Line 63: @@
 == The Nature and Place of Tolerance in Islam in Ibn Ashur's Thought ==
-Ibn Ashur considers tolerance and forbearance with believers to be the primary characteristic of Islamic Sharia and its greatest objective.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 268.</ref> He cites verses such as [[Quran 2:85]], [[Quran 22:78]], and [[Quran 5:6]], along with several narrations from the Prophet (s), as evidence for the correctness of the theory of tolerance in Islam.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, pp. 270-271.</ref> He considers tolerance to be a necessary consequence of Islam's nature-based (*fitri*) foundation and asserts that the most significant difference between Islam and other religions is its basis in human nature.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, p. 92.</ref> According to Ibn Ashur, tolerance is a boundary between strictness and laxity and reverts to the concept of moderation and being a middle way.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, p. 92.</ref>
+Ibn Ashur considers tolerance and forbearance with believers to be the primary characteristic of Islamic Sharia and its greatest objective.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 268.</ref> He cites verses such as [[Quran 2:85]], [[Quran 22:78]], and [[Quran 5:6]], along with several narrations from the Prophet (s), as evidence for the correctness of the theory of tolerance in Islam.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, pp. 270-271.</ref> He considers tolerance to be a necessary consequence of Islam's nature-based (fitri) foundation and asserts that the most significant difference between Islam and other religions is its basis in human nature.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, p. 92.</ref> According to Ibn Ashur, tolerance is a boundary between strictness and laxity and reverts to the concept of moderation and being a middle way.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 21, p. 92.</ref>
 In Ibn Ashur's view, tolerance has a profound effect on the spread of the Sharia and the continuation of its vitality. By bringing together all this evidence, he concludes that tolerance is one of the most important religious topics.<ref>Ibn Ashur, *Usul al-Nizam al-Ijtima'i fi al-Islam*, p. 227.</ref> He considers the divine Sharia to be one that possesses tolerance, avoidance of harshness, stability and change in legislation, and [[equality]] and [[freedom]].<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 22, p. 71; *Usul al-Nizam al-Ijtima'i fi al-Islam*, p. 223; *Maqasid al-Shari'a al-Islamiyya*, pp. 111-112.</ref>
@@ Line 71: / Line 71: @@
 ==The Rationalizability of Rulings: A Foundation for Engagement with Modern Rationality==
-One of the foundations of interest-based reasoning (*maslahat-gara'i*) and the rationalization of fiqh is the extent of adherence to their literal meanings versus opening the field to rationalization (*ta'lil*). Ibn Ashur is among the scholars who accepted the [[Ta'lil-paziri Ahkam|rationalizability of rulings]].<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, pp. 93-96.</ref>
+One of the foundations of interest-based reasoning (maslahat-gara'i) and the rationalization of fiqh is the extent of adherence to their literal meanings versus opening the field to rationalization (ta'lil). Ibn Ashur is among the scholars who accepted the [[Ta'lil-paziri Ahkam|rationalizability of rulings]].<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, pp. 93-96.</ref>
-He based his theory of Maqasid al-Shari'a on three rational foundations: human nature (*fitra*), public interest (*maslaha*), and rationalization (*ta'lil*). Ibn Ashur linked the rationalization of religious thought within the sphere of legislation to the belief in the rationalizability of rulings, referring to it as "the rationality of legislation."<ref>Ibn Ashur, *Usul al-Nizam al-Ijtima'i fi al-Islam*, pp. 53-58.</ref> He believed that: denying rationalization would lead to rigidity based on the literal meanings of religious texts in argumentation, which in turn would lead the Sharia into a state of stagnation and halt in establishing religious rulings for new events, and there is a fear that it would lead to negating the capabilities of the Sharia for all times and places.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 47.</ref>
+He based his theory of Maqasid al-Shari'a on three rational foundations: human nature (fitra), public interest (maslaha), and rationalization (ta'lil). Ibn Ashur linked the rationalization of religious thought within the sphere of legislation to the belief in the rationalizability of rulings, referring to it as "the rationality of legislation."<ref>Ibn Ashur, *Usul al-Nizam al-Ijtima'i fi al-Islam*, pp. 53-58.</ref> He believed that: denying rationalization would lead to rigidity based on the literal meanings of religious texts in argumentation, which in turn would lead the Sharia into a state of stagnation and halt in establishing religious rulings for new events, and there is a fear that it would lead to negating the capabilities of the Sharia for all times and places.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, p. 47.</ref>
 Apart from purely ritualistic rulings, Ibn Ashur considers all devotional and transactional rulings to be rationalizable, and their underlying causes can be discovered through ijtihad.<ref>Ibn Ashur, *Maqasid al-Shari'a al-Islamiyya*, pp. 240-241.</ref> This theory led to criticism from several thinkers against Ibn Ashur, questioning why he sought causes for even the most minor jurisprudential issues.<ref>Al-Fasi, *Maqasid al-Shari'a wa Makarimuha*, p. 1.</ref>
 === Regarding the Striking of Women ===
-In the discussion of striking women under [[Quran 4:34]], Ibn Ashur emphasizes that one cannot argue for the permissibility of hitting a wife based on a "strike" (*darb*) that originates from disobedience and displeasure approved by Arab custom (*'urf*); because this law was based on the custom of Arab society at that time, and the differences among people were also considered. In his commentary, to prevent men from abusing this ruling, Ibn Ashur, emphasizing that "few are those who punish in proportion to the sin," points to the role of the government in this matter, saying: to prevent men's abuse of such rulings, the government can take on the implementation of these rulings itself and punish anyone who arbitrarily takes them into their own hands.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 119.</ref>
+In the discussion of striking women under [[Quran 4:34]], Ibn Ashur emphasizes that one cannot argue for the permissibility of hitting a wife based on a "strike" (darb) that originates from disobedience and displeasure approved by Arab custom ('urf); because this law was based on the custom of Arab society at that time, and the differences among people were also considered. In his commentary, to prevent men from abusing this ruling, Ibn Ashur, emphasizing that "few are those who punish in proportion to the sin," points to the role of the government in this matter, saying: to prevent men's abuse of such rulings, the government can take on the implementation of these rulings itself and punish anyone who arbitrarily takes them into their own hands.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 119.</ref>
 == Ibn Ashur and Maqasid al-Shari'a ==
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 === Classification of Maqasid ===
-According to Ahmad al-Raysuni, one of Ibn Ashur's innovations is that he opened a new dimension for the perspective of Maqasid, which lies between the general and specific objectives.<ref>Al-Raysuni, *Al-Dhari'a ila Maqasid al-Shari'a*, p. 69.</ref> In another of his works, al-Raysuni writes: The objectives of Sharia are of three types; general objectives, specific objectives, and particular objectives.<ref>Al-Raysuni, *Al-Fikr al-Maqasidi, Qawa'iduhu wa Fawa'iduh*, p. 15.</ref> Al-Raysuni defines particular objectives as: objectives that are above the specific objectives and below the general ones, and they pertain to a specific legislation.<ref>Al-Raysuni, *Muhadarat fi Maqasid al-Tashri'*, p. 97.</ref> Ibn Ashur believes that obtaining the objectives is possible through three ways: induction (*istiqra'*), clear Quranic evidence, and consecutively transmitted Sunnah (*mutawatir*).<ref>Al-Hasani, *Nazariyyat al-Maqasid 'ind al-Imam Muhammad al-Tahir ibn Ashur*, p. 231.</ref>
+According to Ahmad al-Raysuni, one of Ibn Ashur's innovations is that he opened a new dimension for the perspective of Maqasid, which lies between the general and specific objectives.<ref>Al-Raysuni, *Al-Dhari'a ila Maqasid al-Shari'a*, p. 69.</ref> In another of his works, al-Raysuni writes: The objectives of Sharia are of three types; general objectives, specific objectives, and particular objectives.<ref>Al-Raysuni, *Al-Fikr al-Maqasidi, Qawa'iduhu wa Fawa'iduh*, p. 15.</ref> Al-Raysuni defines particular objectives as: objectives that are above the specific objectives and below the general ones, and they pertain to a specific legislation.<ref>Al-Raysuni, *Muhadarat fi Maqasid al-Tashri'*, p. 97.</ref> Ibn Ashur believes that obtaining the objectives is possible through three ways: induction (istiqra'), clear Quranic evidence, and consecutively transmitted Sunnah (mutawatir).<ref>Al-Hasani, *Nazariyyat al-Maqasid 'ind al-Imam Muhammad al-Tahir ibn Ashur*, p. 231.</ref>
 Ismail al-Hasani, who has tried to take a critical look at Ibn Ashur's theory, believes that the ways Ibn Ashur relied on—in proving the Maqasid al-Shari'a—only lead to general objectives; because they either revert to induction, ... or to Quranic evidence that indicates a general objective.<ref>Al-Hasani, *Nazariyyat al-Maqasid 'ind al-Imam Muhammad al-Tahir ibn Ashur*, p. 430.</ref> He believes: the ways of proving the objectives according to Ibn Ashur are not confined to what he presented in a small part of his book on Maqasid, but rather, contemplation of the methodology of the discussion leads the researcher to discover other ways of proving the objectives.<ref>Al-Hasani, *Nazariyyat al-Maqasid 'ind al-Imam Muhammad al-Tahir ibn Ashur*, p. 430.</ref>
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 Ibn Ashur considers the social and political spheres to be among the concerns of religion and, unlike figures such as [[Ali Abdel Raziq]], does not recognize secularism. He places the foundations of the social system of religion under two arts: the first art is based on noble ethics, justice, fairness, unity, and philanthropy, and the second art is based on [[equality]], [[freedom]], rights, justice, and [[tolerance]], etc.<ref>Ibn Ashur, *Usul al-Nizam al-Ijtima'i fi al-Islam*, p. 122.</ref>
-In his book "Usul al-Nizam al-Ijtima'i fi al-Islam," given his social perspective on Islam and religious governance, Ibn Ashur speaks in detail about rulers and their conditions and methods of selection. He also considers this perspective in his commentary. For example, in his commentary on [[Quran 4:59]], he considers "those in authority" (*uli al-amr*) to be those to whom the people have entrusted their governance.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 165.</ref> From this statement by Ibn Ashur, it can be understood that he considers the method of selection to be something in line with modern democracies; however, when it comes to explaining the conditions of rulers, he can no longer be seen as aligned with modern ideas regarding governance; because in his belief, "those in authority" in the view of the Sharia are a specific group of religious leaders of the Muslim community whose attributes must be found in the Sharia.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 166.</ref>
+In his book "Usul al-Nizam al-Ijtima'i fi al-Islam," given his social perspective on Islam and religious governance, Ibn Ashur speaks in detail about rulers and their conditions and methods of selection. He also considers this perspective in his commentary. For example, in his commentary on [[Quran 4:59]], he considers "those in authority" (uli al-amr) to be those to whom the people have entrusted their governance.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 165.</ref> From this statement by Ibn Ashur, it can be understood that he considers the method of selection to be something in line with modern democracies; however, when it comes to explaining the conditions of rulers, he can no longer be seen as aligned with modern ideas regarding governance; because in his belief, "those in authority" in the view of the Sharia are a specific group of religious leaders of the Muslim community whose attributes must be found in the Sharia.<ref>Ibn Ashur, *Al-Tahrir wa'l-Tanwir*, vol. 4, p. 166.</ref>
 == Religious Government and Human Freedoms ==
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 Ibn Ashur believes that since reason and thought are the main essence of man, freedom of thought and expression are among the undeniable rights of all human beings, and transgressing this right is a great injustice to people. By further explaining the concept and aspects of each of these freedoms, Ibn Ashur clarifies their relationship and proportion to a religious society. Regarding freedom in the realm of behavior, he says: limiting this type of freedom for the non-infallible is very difficult; therefore, it is obligatory for rulers to be cautious and not resort to limiting freedoms beyond what leads to repelling corruption and attracting public interest; because that would be oppression.
-Ibn Ashur goes so far in his belief in human freedoms that he believes the [[Quran 2:256|verse "There is no compulsion in religion"]] abrogates the verses of fighting (*qital*); because Islam is a religion that must be chosen with freedom and choice. The importance of this point lies in the fact that in the political theory of many of Ibn Ashur's co-religionists, obedience is the principle, and opposition to the ruler is considered rebellion against the Caliph of Islam.
+Ibn Ashur goes so far in his belief in human freedoms that he believes the [[Quran 2:256|verse "There is no compulsion in religion"]] abrogates the verses of fighting (qital); because Islam is a religion that must be chosen with freedom and choice. The importance of this point lies in the fact that in the political theory of many of Ibn Ashur's co-religionists, obedience is the principle, and opposition to the ruler is considered rebellion against the Caliph of Islam.
 === Governmental Position of the Prophet of Islam (s) ===
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 ==Critique and Review of Works and Views==
-Due to his status in the fields of exegesis, jurisprudence, legal principles, Maqasid-orientation, and his critique of secularist views on the relationship between religion and politics, Ibn Ashur has attracted the attention of scholars, and his works and views have faced critical examination. *Naqd al-Fikr al-Maqasidi 'ind al-Shaykh Muhammad al-Tahir ibn Ashur* by Muhammad al-Madnini, a collection of articles titled *Maqasid al-Shari'a 'ind al-Tahir ibn Ashur*, the book *Fiqh al-Insan* by Amr al-Sha'ir, *Manhaj al-Imam al-Tahir ibn Ashur fi Tafsir "Al-Tahrir wa'l-Tanwir"* by Nabil Ahmad Saqr, and *Madkhal ila al-'Aql al-Usuli lil-Imam al-Tahir ibn Ashur* by Abd al-Fattah ibn al-Yamani al-Zuwayni are examples of works and scholars who have studied Ibn Ashur's legacy with a critical eye.
+Due to his status in the fields of exegesis, jurisprudence, legal principles, Maqasid-orientation, and his critique of secularist views on the relationship between religion and politics, Ibn Ashur has attracted the attention of scholars, and his works and views have faced critical examination. Naqd al-Fikr al-Maqasidi 'ind al-Shaykh Muhammad al-Tahir ibn Ashur by Muhammad al-Madnini, a collection of articles titled Maqasid al-Shari'a 'ind al-Tahir ibn Ashur, the book Fiqh al-Insan by Amr al-Sha'ir, Manhaj al-Imam al-Tahir ibn Ashur fi Tafsir "Al-Tahrir wa'l-Tanwir" by Nabil Ahmad Saqr, and Madkhal ila al-'Aql al-Usuli lil-Imam al-Tahir ibn Ashur by Abd al-Fattah ibn al-Yamani al-Zuwayni are examples of works and scholars who have studied Ibn Ashur's legacy with a critical eye.
 ===Inattention to the Historicity of the Maqasid of Sharia ===
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 [[Category:Biographical Articles]]
+[[fa:محمدطاهر بن عاشور]]
+[[Category:Contemporary Jurisprudence Articles]]

Muhammad al-Tahir ibn Ashur: Difference between revisions