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All Journal Jurnal Manajemen dan Pendidikan Agama Islam International Journal of Islamic Educational Research Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah
Alaa Hamad Jasim Ahmed
Tikrit University
Religion Humanities Decision Sciences, Operations Research & Management Education Social Sciences Other

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The Necessary Objectives of the Law in Juristic Construction in Qadi Abu Bakr Ibn al-'Arabi al-Maliki (d. 543/1148): An Inductive and Analytical Study of Ahkam al-Qur'an Alaa Hamad Jasim Ahmed
International Journal of Islamic Educational Research Vol. 3 No. 4 (2026): October : International Journal of Islamic Educational Research
Publisher : Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/ijier.v3i4.581

Abstract

This study examines the role of the necessary objectives of Islamic law (al-daruriyyat) in the juristic construction of Qadi Abu Bakr Ibn al-‘Arabi al-Maliki (d. 543/1148) in Ahkam al-Qur’an. Rather than merely identifying references to the preservation of religion, life, intellect, lineage, and property, this study focuses on how these objectives function within juristic arguments. Using inductive and analytical methods, the study examines relevant passages from Ibn al-‘Arabi’s interpretation of legal verses, classifies them according to the five necessary objectives, and analyzes four functions: interpretive, causal, preferential, and consequential-preventive. The findings demonstrate that necessary objectives are active components in Ibn al-‘Arabi’s construction of legal rulings rather than supplementary moral explanations. Preservation of religion guides his interpretation of verses concerning fitna and coercion; preservation of life informs consequence-based reasoning regarding collective retaliation; preservation of intellect shapes his assessment of the benefits and harms of wine; preservation of lineage directs rulings on istibra’ and paternity; and preservation of property supports debt documentation and loss prevention. The study concludes that Ibn al-‘Arabi integrates textual evidence, linguistic analysis, transmitted reports, school doctrine, and purposive reasoning. His approach distinguishes between establishing objectives, validating rulings, and assessing their historical application within broader Islamic jurisprudential interpretive reasoning.
Literal and Figurative Usage and their Effect on Deriving the Objectives of the Law: A Study of the Qur'anic Verses on Governance (Siyasa Shar'iyya) Alaa Hamad Jasim Ahmed
Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah Vol. 3 No. 3 (2026): September: Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah
Publisher : Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/hidayah.v3i3.2520

Abstract

This study examines the effect of literal and figurative usage (haqiqa and majaz) on deriving the objectives of Islamic law from Qur’anic verses concerning governance, including authority, obedience, allegiance, military preparation, warfare, and communal interests. The study begins by discussing literal and figurative usage, their classifications, and relevant legal-theoretical principles, followed by an explanation of the objectives of Islamic law and the scope of governance-related verses. It then applies a five-step analytical procedure to five key verses: Q. 4:59 on those in authority, Q. 48:10 on allegiance, Q. 8:60 on preparation, Q. 2:195 on self-destruction, and Q. 2:193 on fitna. Each verse is examined through philological commentaries, legal theory, and the derivation of its corresponding legal objective and governance implications. The findings demonstrate that figurative usage is not merely rhetorical but contributes substantively to legal interpretation. The extended meaning of amr establishes authority subject to higher principles, while the figurative meaning of the divine hand sanctifies political allegiance. The literal breadth of quwwa encompasses changing instruments of preparation. Figurative interpretations of destruction and fitna broaden objectives toward preserving political order and removing causes of conflict. Three principles emerge: literal meaning is presumed, figurative interpretation requires contextual evidence, and figuratively derived objectives require greater contextual discipline.
The Principles of the Counting of Terms Based on the Principles of Ibn Rushd: In the book, The Beginning of the Mujtahid and the End of the Muqtasid: The Applied Etymological Study Alaa Hamad Jasim Ahmed
Jurnal Manajemen dan Pendidikan Agama Islam Vol. 4 No. 5 (2026): September: Jurnal Manajemen dan Pendidikan Agama Islam
Publisher : Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/jmpai.v4i5.2221

Abstract

This study examines the principles by which Abu al-Walid Ibn Rushd al-Hafid weighs competing linguistic meanings in Bidayat al-Mujtahid wa Nihayat al-Muqtasid and evaluates the consistency of those applications with the principles stated in the introduction to the work and in al-Daruri fi Usul al-Fiqh. The study addresses a gap in previous scholarship, which has generally treated homonymy, particles, argument from silence, literal and figurative usage, and purposive preference as separate topics rather than as parts of a single hierarchy of textual preference. A qualitative textual design was employed by combining inductive, descriptive, analytical, and comparative methods. Ten juristic questions from the chapters on purification, menstruation, and prayer, together with related unqualified and qualified expressions, were selected on the basis of semantic variety, explicit preference or suspension of judgment, and analytical density. The findings show that Ibn Rushd's textual preferences follow a coherent but non-mechanical system. Explicit wording generally outweighs implication, strong general wording is normally preferred while its contextual strength is still assessed, apparent meaning remains operative until a valid indicator diverts it, and literal meaning has initial priority although figurative meaning may prevail when usage and context make it more apparent. Morphological form, Qur'anic and Prophetic usage, legal custom, analogy, context, and the removal of hardship operate as supporting indicators rather than substitutes for textual meaning. The analysis also shows that the relation between unqualified and qualified texts is not applied mechanically and that suspension of judgment is methodologically appropriate when competing indications remain equivalent. On this basis, the study reconstructs an eleven-step Rushdian ladder of textual preference that may be used for teaching applied ijtihad and for contemporary semantic and computational studies of juristic reasoning.
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