THE MAJOR PRESCRIPTIONS OF THE ISLAMIC SHARIA

Dr Ahmed Al-Raysouni

القواعد الكلية في الشريعة الإسلامية

Presentation of Editions Sana:

For the first time in the world of Francophone Editions, Sana editions have the honor of presenting a book that deals with a subject or rather a methodological decision-making tool used to establish jurisprudential decisions. in Islamic jurisdiction and other Islamic sciences. It is a set of axioms based on logic and on the Quranic text and inspired by authentic sources of the words of the prophet. All these rules are a summary that fits in a simple axiomatic sentence to remember like a mathematical theorem. In a nutshell, it is the toolbox of any Muslim scholar!

This tool is so effective for researchers, judges, jurists, that other logicians (specialists in decision methodology) request other thematizations, such as specialists in the exegesis of the Holy Quran, authentication of the Hadiths, of the economy, of the jurists of the division of the heritage... have developed specific rules or major prescriptions for these fields. Currently, state doctoral theses abound, and even Western institutions are taking a closer interest in them. Unfortunately most are in Arabic or English.

Unfortunately, many of those who study the foundations of fikh on a personal basis or as part of a 1st or 2nd cycle university education or imam training in France and in French-speaking countries (Canada, USA, Benelux, Switzerland) rarely find a quality book in French that deals with the subject.

It is for the first time that sana editions have launched this thematic adaptation and translation project with the direct collaboration of the author of the original work in Arabic, Dr. Ahmed Al-Raysouni, in order to available to French-speaking readers from all over the world this formidable tool which makes it possible to discover the methodological richness of the scholarly predecessors and the very high level of methodological refinement achieved for several centuries.

Presentation of Tariq Ramadan:

Thinking the Fundamentals, and Loyalty on the Road (Preface by T.Ramadan):

It is with particular pleasure that we present here the French translation of one of the major works of the Moroccan thinker and scholar Dr Ahmed Al-Raysuni: "The major prescriptions of Islamic legislation" (al-Kulliyât at-Tachri'iya ). This text is of paramount importance in the production and contemporary study of Muslim legislation both in its application, but also and above all, in understanding both its foundations in terms of principles and its objectives in ethical terms. Dr. Ahmed Al-Raysuni specialized for years in the analysis and commentary of the thought of the great scholar Al-Shatibi (d.1388/79 h.) who was one of the promoters of the school of maqâsid, which sought to establish what were the higher objectives of Islamic legislation.
The philosophy that underpinned Al-Shatibi's thought was to highlight the fact that the rules of Islam, those produced by fiqh (law and jurisprudence) should be considered, understood and applied in the light of the objectives that these must reach (maqâsid ash-shari'a). It was a return, not simply to reconsider the framework of fiqh, but to return to the very foundations of law and jurisprudence which is itself a science that is called by the same name (ûsul al fiqh). Al-Shatibi's thought was revisited in a very specific way, particularly in the course of the 20th century and up to the present day: it was, so to speak, rediscovered, because it established a framework, a methodology, a relation to legislation, which made it possible not to stop at the literal understanding of the rule, of the principles, but to systematically return to the fundamental institution that the first scholars already had in the first schools of law (al madhahib) , in particular al-Shafi'i who sought to establish what the objective was. In the present work, which precisely deals with the major prescriptions of Islamic legislation, Dr. , and offers us a complete philosophy of Islamic legislation. It is therefore a philosophy of law in which we will penetrate by understanding the general framework in which the understanding of Islamic law must fit, of its application for times past, for times present, and for future prospects. . It is therefore a question here of “a philosophy of law”, of an application of the rules in the light of an understanding of the major objectives of the said legislation.
This philosophy of law, in the way it will be presented in the book, revolves around three axes, which are in fact the 3 major chapters of this study. First, there is the inscription of Islamic legislation in history, which Dr. al-Raysuni returns to in dealing with its prescriptions, its superior principles which have exceeded, or more precisely preceded, the Muslim tradition. . There is the idea that we must return to the expression of transhistorical objectives, beyond even the last of the Revelations for Muslims, and this highlights that Islam did not come with many objectives, but with new rules to achieve them even if, obviously, there can be objectives which one finds in the Moslem tradition, which are specified, refined and translated in a more pointed or simply different way . In fact, the study of the traditions which preceded the Koranic message, makes it possible to have a sort of framework, a much broader and clearer understanding of the foundations of Muslim legislation in the light of the history of other traditions in the field. legislative: a much more holistic philosophy that allows us in history, and beyond the last Revelation, to consider the objectives) to achieve.
The second chapter will tighten this framework by asking the question of knowing what are the objectives, these prescriptions, how to understand them in the light of the Koran: how can we extract their substance, understand their organization; how to finally understand the system of legislation applied in the light of the objectives to be achieved, within the framework of fiqh of course (Islamic legislation), but also by returning to the foundations of law and jurisprudence. And this second chapter will take us in the third part, dealing with the major prescriptions of the legislation (al kouliyât at-Tachri'iya, and the "usul al fiqh", questions relating to the foundations of law and jurisprudence. Here, the author gives us an in-depth study of these major foundations or major prescriptions, which allow us to better understand what is specific to Islam, which will at the same time give us the possibility of understanding the philosophy of law and the potentialities of its application according to the time, according to historical, cultural and political circumstances.It is an application which is as much a formulation of the law as it is a shaping of ethics – ethics here being the moral foundation of legal prescription.
As we can see, this book is an exposition of methodology, it offers a philosophy of law at the same time as instruments, rules and regulations, prescriptions with the understanding of these major prescriptions. These allow contemporary Muslim thought and legislation not to apply literally without understanding the context and the objectives, but rather to understand the objectives and to consider the context and apply the rules in the light of this that we want to reach, considering the place where we are. It is a path towards a concrete application much more able to consider all the dimensions of this legislation because by understanding the major objectives, one can understand the detailed applications - the framework allowing, indeed, to remain faithful by retail.
It is therefore with great pleasure and by saluting the work of the major contribution of Dr al-Raysuni that I propose to the French-speaking reader to take the time to read, understand, mediate as much spiritually as philosophically and legally to to draw from this work essential lessons, not simply in the daily life of the believer who wants to remain faithful, but in the individual and collective conscience of a community of faith which wants to understand its religion, its objectives, which wants to know in the very name of the rule it applies the meaning it defends. Moreover, such is indeed the substance of this work "[of] the major prescriptions of Islamic legislation": in all circumstances in the law and its philosophy, as in practice and its spirituality, what matters is never to lose view of the meaning, the foundations and the objectives. Between the foundations and the objectives, we access the right way to practice, on the path faithful to the principles, conscious of the objectives. This path is what is called in Islam, "ash-Shari'a". The path which leads to the first source and which is also "al-huda" (to be rightly guided), and which is also "as-sabil" (to be on the road), and which is "ar-rushd" (to be in the right direction), and which ultimately constitutes the very foundation of Islam: one is only faithful to the principles of the road when one is walking on the road knowing that fidelity to the first principles of the road is precisely to never lose sight of the objectives towards which this road leads us.
A big thank you again to the publishing house that publishes this work, to the translator who has done a remarkable job, and our deep, spiritual as well as intellectual and fraternal respect to Dr al-Raysuni for his contribution for so many years in the field of the philosophy of law and its application.

This book has 3 chapters, each with several parts:

Chapter 1: The major prescriptions and their importance in the Quran and the previous Books.

• First part: The Shari'a and the legislation between enlargement and restraint.
• Second part: Quranic verses between globalities and detail.
• Third part: The prescriptions common to the revealed Books.

• First category: Doctrinal prescriptions.
• Second category: Targeted prescriptions.
• Third category: Ethical prescriptions.
• fourth category: Legislative prescriptions .

Chapter 3: Major Legislative Requirements

• Questions relating to the foundations of fiqh
• 1) intro
• 2) First part: major requirements between repeal and specification.
• 3) Second part: Islamic legislation between major prescriptions and detailed sentences.