The Foundations of Legislative Ethics from the Perspective of Maqasid al-Wahy in al-Shatibi's Thought

Nikkho Amiri, N.; Karimi, S.; Tabatabaie, S.M.

The Foundations of Legislative Ethics from the Perspective of Maqasid al-Wahy in al-Shatibi's Thought

Document Type : Original Research

Authors

N. Nikkho Amiri

S. Karimi

S.M. Tabatabaie

Department of Contemporary Philosophy, Faculty of Literature and Humanities, University of Religions and Denominations, Qom, Iran

Abstract

The ideal legislator in this study is one who upholds propriety, ethics, and the principles of legislation. This study examines the ethical foundations of legislation through Imam al-Shatibi’s theory of Maqasid al-Shari’ah. By emphasizing the five objectives—preservation of religion, life, intellect, lineage, and property—al-Shatibi formulates a moral and rational framework that places legislation in service of the public good. His distinction between devotional acts and transactions, acceptance of analogy in rational matters, and differentiation between Meccan and Medinan revelations establish a dynamic balance between fixed and adaptable Shari’ah principles. Grounded in the precedence of revelation over reason, al-Shatibi views lawmaking as an ethical process bound by divine limits and human welfare. This perspective offers valuable guidance for contemporary Islamic legislation amid technological, social, and moral challenges.

Keywords

al-Shatibi, Maqasid al-Shari&rsquo

ah, Ethics of Legislation, Public Interest, Narration, Reason

Subjects