The Intentional Dimension of Blocking the Means in the Shanqiti Fatwa (Blood Money as a Pattern)

Abstract

This research aims to explore some of the scientific mysteries in the Shanqiti fatwas, which were written in historical eras that were full of new jurisprudential events and cases. These fatwas acquired their unique characteristics from the tough and harsh life of Saharans. In this respect, the scholars of this era had no choice but to consider the special context in their fatwas on the condition that their content does not contradict or go against Islamic principles. This paper studies the extent to which the Shanqiti muftis celebrated the rule of “Blocking the Means”, in arbitration and consideration, based on the principle to achieve the purposes of Sharia in preserving the agreed upon Islamic rules.

Our choice fell on an issue that occupied a large part of the thinking of the Shanqiti muftis for a period of time. It is the issue of taking blood money in cases of deliberate killing instead of retribution. This was due to the lack of a legitimate ruler entrusted with the implementation of judicial rulings or the inability to bring the murderer to the platform of retribution.

The research concludes that:

Many of the Shanqiti muftis were distinguished by a high level of awareness of the importance of blocking the means in Islamic law, and its great legislative status in the Maliki school of thought.

The commitment of the Shanqiti muftis in their arbitration to blocking the means with the Islamic regulations. It was clear through their fatwas that they were aware of the link between blocking the means and considering the outcomes.

It became clear that the sharp doctrinal dispute that occurred between Shanqiti muftis on the issue of blood money instead of retribution was only to achieve the purposes of Sharia