Ibn Ashur

His masterpiece is the Maqasid al-Shari'ah al-Islamiyyah, the Intents, or Higher Goals of Islamic Law, published in 1946.

He is famous for rejecting Habib Bourguiba's (president of Tunisia) request for a fatwa to justify abandoning the fast of the month of Ramadan claiming it harmed productivity.

[1] Influenced by a visit to Tunisia by Muhammad Abduh, Ibn Ashur combined knowledge of the classics with a desire to revive Islamic civilization.

His references to the great works of law are respectful and at times praiseworthy, but he does not hesitate to point out shortcomings.

He claimed that the discipline of usul al-fiqh (Islamic jurisprudence) had reached its limits and become over-burdened with methodological technicalities.

In contrast, the return of generations to Medina to assess the meaning of a statement shows the importance of understanding context.

He worried that taking a solitary (ahad) hadith in isolation from the body of shari'ah would end the quest for understanding in context.

His strongest argument against it is that the literal occasions that the Zahiri hold onto are quite limited, but that people around the world encounter many more.

He called for a group of mujtahids from countries around the world, from different madhahib (schools), to address the needs of the community, as the basis for a renewal of civilisation.

One of the most fascinating approaches to the issue of coherence between Qur'an 2:256 (no coercion in religion), 3:83 (willingly or unwillingly), 9:29 (pay the Jizyah), 9:73 (strive against the disbelievers and the hypocrites) and 2:193 (and fight them until there is no fitnah), is that of Ibn 'Ashur.

However, in Ibn 'Ashur's interpretation, 9:73/66:9, 2:193 and the mentioned Hadith is specific for the historical struggle with the Arab pagans and after the conquest of Mecca verse 2:256 became absolute and decisive in meaning (Mutlaq wa Muhkam) and thus cannot be abrogated.

He historicizes Qur'anic verses the same way classical scholars have done through the concept of abrogation (Naskh) and occasions of revelation (Asbab al-Nuzul), but takes the Maqasid al-Shari'ah (welfare objectives of the Islamic law) into account where a restriction on freedom of religion would violate the preservation of religion and intellect (Hifz al-Din wa al-'Aql).

Portrait of Mohamed Tahar Ben Achour at the Tunisian Academy of Sciences, Letters, and Arts (Carthage).
Mohamed Tahar Ben Achour with Taha Hussein , Mohamed Fadhel Ben Achour and Mohamed Abdelaziz Djaït (Tunis, 1957).