Showing posts with label kafi. Show all posts
Showing posts with label kafi. Show all posts

Sunday, October 30, 2022

Sufi Reverberations Episode 12 - Mystical Science

Mystical Science

(Right Click on above link to download MP3)

Many people today believe that science and religion stand at opposite ends of any process of inquiry. For example, many individuals might claim, among other things, that science is rooted in methodology whereas religion is a function of theology. Or, alternatively, many people maintain that science seeks to provide hard evidence and work out rigorous proofs in support of various claims, whereas religion bases its assertions on professions of faith and speculation.

While I am quite willing to concede that there often is a great deal of truth in the foregoing ways of characterizing and comparing science and religion, I don’t feel that such a perspective necessarily does justice to the discipline of authentic mysticism. Although the impression of some people concerning the nature of mysticism is that it tends to become entangled in notions of flights of fancy of one kind or another, the essential nature of authentic mysticism is quite different from such considerations.

If one were to characterize scientific methodology, one might indicate that it consists of the following sorts of procedures or protocols: (1) empirical observation; (2) the use of instrumentation; (3) recursive methodology; (4) objectivity; (5) a community of expertise; (6) experimental replication, and (7) reliable prediction. My contention is that authentic mysticism gives expression to all of the aforementioned aspects of scientific methodology, and the following discussion seeks to provide something of an overview that lends support to the foregoing contention concerning the scientific nature of mysticism when this existential orientation is properly pursued, and I will use the Sufi path as a specific case study.

(1)The empirical roots of the Sufi path come in many forms. Not only do the normal, external sensory channels provide empirical data, there are internal channels of empirical data as well.

Dreams, hal (that is, mystical states), maqam (spiritual stations), Kashf (mystical unveilings), and ilham (flashes of Divine intuition) also provide infinite sources of empirical data. Furthermore, these internal sources of empirical data come in different manifested forms of intensity and levels of certainty.

As is true in the case of modern sciences, there is a considerable difference between the empirical character of the reports of a trained observer and the reports of an untrained individual concerning the nature of a given observation or experience. For example, not everyone who looks at an X-ray or who examines a photograph of the traces of a sub-atomic event can correctly interpret this empirical data. Similarly, not everyone who undergoes a mystical dream, state, station or unveiling – assuming the experience is veridical -- is able to understand, correctly, the empirical data to which such experiences give expression.

The Sufi path provides an intense program that trains its adherents to be competent, exacting, empirical observers. The intensity and rigor of such a program rivals -- if not exceeds -- anything which modern science offers in the way of training its own observers. 

If an individual were critical of the scientific method but had never tried to engage its procedures or perform any of its experiments, or never worked with any of its instruments, then, a modern proponent of science might be justified if she or he were to say that such a would-be critic should try to acquire some minimal amount of experience concerning such matters before giving voice to an uninformed sort of opposition. Similarly, if a proponent of modern science were to express reservations concerning the potential value of the mystical path without, say, having gone into spiritual seclusion for an extended period of time in order to participate in an essential form of methodology and experimentation concerning the nature of the ego and other dimensions of human nature, then,  a practitioner of the mystical dimension of Islam might well be justified in advising that such a would-be critic of the Sufi path should acquire some first-hand knowledge of the rigorous character of that tradition before trying to pass judgment on that perspective.

(2) Modern science employs a variety of instruments in its pursuit of understanding. On the one hand, there are what might be termed "natural" instruments such as logic, reason, and mathematics. On the other hand, there are different kinds of external, constructed tools or instruments used in the detection and measurement of various physical phenomena.

The physical sciences provide different way of engaging and probing the nature of the universe. For instance, light telescopes, radio telescopes, infrared telescopes, and X-ray telescopes will all gather different information concerning the character of the universe

Like the physical sciences, the Sufi mystical path also employs a number of different instruments that are capable of exploring different facets of existence. To begin with, mysticism shares a common commitment with the physical sciences to the properties of the mind and its qualities of logic and reasoning.

In addition, according to Sufi masters, the heart (the spiritual entity, not the physical object) is the locus of gnosis, or knowledge This provides a direct, conceptually unmediated engagement of different dimensions of Divine reality.

Another instrument spoken of by Sufi masters is the sirr or mystery. The sirr is said to be the locus of spiritual witnessing with respect to whatever God may disclose to the individual and helps to protect the heart from remembering other than, or becoming preoccupied with other than, the presence of Divinity. 

A further instrument of the Sufi path is referred to as the kafi or “the hidden”. The kafi is described as being the locus of manifestation for the spiritual illumination, wisdom, knowledge and understanding which comes through encounters with the Divine lights and colors of a certain realm of God’s Dominion. 

Beyond the kafi, there is further potential for spiritual instrumentation capable of engaging still further dimensions of Reality through the agency of the aqfah – the “more hidden”. These concern certain modalities of Divine mysteries and secrets which are breathed into the essential capacity of human beings through the Spirit of God.

Another modality of mystical instrumentation comes via the ruh or spirit. Sufi masters describe the spirit as being the locus of love for Divinity. When the potential for love that is inherent in the spirit is realized, this enables the individual to experience, know and understand life, identity and one’s relationship with Divinity in a manner which is different from, but supplemental to, the other spiritual instruments of mind, heart, sirr, kafi, and aqfah. 

Of course, in the matter of the physical sciences, one can be like the Church elders during the time of Galileo and refuse to look at reality through the lens of a telescope. Similarly, one can refuse to become trained in the use of, and take advantage of, the instruments to which the Sufi masters allude through which one can engage different dimensions of reality. However, failing to use instruments – whether in the physical sciences or the mystical sciences – does not justify claims that such instruments have nothing to tell one about the nature of Reality or Being.

Finally, the instruments that are used in modern science must all be calibrated to provide reliable readings. This also is the case on the Sufi path. Mystical instruments, like their physical counterparts, only produce reliable results after a process of calibration in which a variety of adjustments are necessary in the use of a given form of instrumentation so that various sources of distortion and inconsistent readings can be eliminated.

(3) Modern science employs a recursive methodology which entails a series of repetitive steps that, hopefully, permits one, to come closer and closer to the true character of some aspect of reality being encountered through experience. In effect, one feeds the results from one cycle of repetitive, methodological activity back into the next cycle of such activity in order to generate improved accuracy, understanding, and so on, over time.

On the Sufi path, recursive methodology plays a key role. One starts out by, if God wishes, cleansing, balancing and transforming the ego or false self through repetitive cycles of prayer, fasting, charity and so on. This constitutes the first set of repetitive steps.

One takes the results from the first application of recursive methodology concerning the ego and proceeds, God willing, to purify the heart through zikr or remembrance of God. This is a second cycle of repetitive steps which builds on the accomplishments of the first cycle.

The next set of repetitive steps involves the sirr or mystery. If God wishes, through a process referred to, by Sufi masters, as emptying the sirr of other than God, the understanding of the individual is further supplemented and complemented.

A further cycle of the process of recursive methodology is encountered when, God willing, the spirit undergoes the perfection of its spiritual potential. Once again, the application of recursive methodology through a process of perfecting the spirit brings the individual, by the grace of God, to a deeper, fuller, richer understanding of different dimensions of the reality of Being.

(4) To be objective, one needs to eliminate as many sources of bias, prejudice, distortion and error as is possible. The search for truth must be freed from all forces which would compromise the integrity of that search.

Sufi masters outline two major expressions of objectivity on the mystical path. The first concerns the condition known as "fana".

Fana occurs when the false self dissolves before the Presence of Divinity. Since the false self is a major source of error and distortion, the condition of fana enhances the degree of objectivity in one’s engagement of Reality.

The second source of objectivity on the Sufi path comes through the spiritual condition of "baqa". This condition occurs when the true self and essential capacity of the individual become established.

In a sense, baqa is a spiritual version of an unobtrusive measure. In baqa one sees by the vision of God and one hears by the hearing of God, and so on. Consequently, there is nothing which one does which intrudes into the engagement of experience and distorts the nature of that experience, and, as a result, one is able to engage Reality according to one’s spiritual capacity to do so. 

In other words, while what one experiences during the foregoing states or conditions is not distorted, nonetheless, it might be limited due to the nature of one’s inherent spiritual capabilities.One cannot experience or know more than one has the capacity to experience and know.

Spiritual capacity, however, does not distort or introduce error. Whatever is experienced is true and real as far as it goes. On the other hand, the spiritual experience, knowledge and understanding made possible, by the grace of God, through the full realization of one’s spiritual capacity do not exhaust what can be experienced, known or understood with respect to Divine realities by those who have been more spiritually gifted by God.

(5) The community of expertise in modern science plays an important role with respect to considerations of methodology, evaluation, and understanding. The community of expertise establishes the parameters of agreement and degrees of freedom concerning disagreement within which the process of science is to be conducted.

There is a similar community of expertise in the Sufi mystical tradition. Unlike modern science, however, the essence of what is agreed upon by the mystical community of expertise has not changed since the inception of such a community.

The Sufi mystical community of expertise consists of all the Sufi masters of the path, both present and past. All of these masters are in agreement concerning the structural character of human beings and what is necessary in order to be able to work toward the full realization of the essential, spiritual potential of being human.

Sufi masters do not always share the same understanding in all matters. Like their counterparts in the community of expertise in modern science, not all Sufi masters are equal in spiritual capacity. First there are the Prophets, and, then, there are those who have followed, and realized, to varying degrees, the way of the Prophets, and, then, there are those who are sincerely and actively seeking the truth and might have realized varying degrees of the truth, and, finally, there are the commonality of believers, each of whom has his or her own potential relationship with Divinity.

Nevertheless, irrespective of whatever differences in spiritual capacity exist among Sufi masters, none of this affects their agreement concerning the general character of what constitutes spiritual progress on the path. One goes from: seeking, to finding, to gnosis or knowledge, to loving, to fana (extinction), and, finally, to unity concerning the relationship between human potential and Reality (i.e., baqa) .

Different people may experience these stages in self-similar rather than self-same ways. However, the essence of Unity remains in the midst of whatever differences might be present.

(6) The issue of replication is at the heart of modern science. If the results of a research project cannot be repeated by other investigators, the original research cannot be confirmed and, therefore, lacks scientific credibility and reliability.

The procedures for setting up and carrying out a given line of inquiry must be clearly stated. This is necessary so that any qualified and competent researcher can follow those procedures and produce a result which reflects, within certain allowable limits of difference, the outcome of the original research.

The process of replication is also central to the Sufi mystical path. Indeed, the nature of the mystical path is itself the process of replication which clearly has been described by all competent and qualified spiritual researchers who have preceded one on that path.

If one follows the procedures and methods indicated, then, God willing, one will arrive at the same sort of outcome and conclusions as did the original researchers. These results are expressions of universal laws concerning the inherent nature of the relationship between human beings and Divinity. 

However, just as many scientists of the physical world work under, and with, the guidance of some senior research leader, so too is this the case with respect to the Sufi path. Until a certain point of investigative sophistication has been reached, a Sufi scientist tends to work with the assistance of someone who has achieved a certain degree of scientific advancement.

(7) Finally, although not all sciences exhibit the capacity to predict, on the basis of known principles, how certain phenomena will unfold over time, mystical science does have this capability. However, for a variety of reasons, Sufi masters often will not indulge others or themselves with public exhibitions of their God given gifts to predict how events will unfold.

There are many well documented accounts of the ability of Sufi masters and Sufi saints to tell what will happen before a given event manifests itself in the physical world. There are also well known accounts of the ability, by the grace of God, of various practitioners of the Sufi path to be able to describe, and, subsequently, have corroborated, what is going on, simultaneously, at considerable distance from them. 

For example, there was a renowned shaykh who was being visited by a woman whose son had gone away and whom she was deeply missing. She kept asking the shaykh to do something about her situation, and the shaykh kept saying that, God willing, her son would return.

On a particular day, the woman had approached the shaykh on a number of occasions concerning her son. Finally, after a number of visits by that woman on a given day, he said: “Go home, your son will be waiting for you,” whereupon the woman quickly left, quite happy with what she had been told.

Later in the day, the woman returned with her son. She introduced her son to the shaykh and thanked him for his assistance.

After the woman left, one of the companions of the shaykh asked the latter how he had known that the son would be at the woman’s house waiting for her given that the shaykh had not left their present location all day? The shaykh is reported to have said: “There is certainty in my prayer.”

Above and beyond such favors of God, there is a precision to the predictive understanding which Sufi masters have concerning the effect on the individual of different spiritual practices, or lack thereof. This understanding comes from the light of God and allows the Sufi master to be able to guide initiates along the Sufi path, with precision, as a result of that understanding.

According to Sufi masters, there are different levels of reality. The lowest realm concerns the world of corporeal bodies. This is known as Nasut.

Next, is the realm of the souls of all created things. This is the level of Malakut.

Beyond this is the realm of Jabarut. This level concerns the Attributes of Divinity.

After the realm of Jabarut, is the level of Lahut. This concerns the fixed forms of non-existence which, if God wishes, are given reflected existence through the Divine command of creation: "Kun! (Be)".

Beyond the realm of Lahut, is Hahut. This is the Divine Essence which makes all the other levels possible.

For the most part, modern science only explores the lowest realm of existence—namely, Nasut, which is the realm of corporeal bodies. Modern physical science, unlike mystical science, has no capacity to explore any of the other realms of Being.

Unfortunately, all too many physical scientists rationalize the foregoing limitation by dismissing the other realms as being irrelevant to the process of science. Mystical scientists (i.e., Sufi masters) indicate that, in a very fundamental way, such realms are not irrelevant to the process of science.

In fact, according to practitioners of the Sufi path, the very first act one must perform in order to seek the truth is to cleanse and purify the self. As such, science, of whatever kind, is, in essence, a moral and spiritual activity.

Scientific methodology has value and appeal precisely because, among other things, it gives expression to a way of trying to preserve the integrity of the scientific process and protect the results of that process from being compromised and rendered unreliable. Mystical science pursues the value and integrity of such methodology to the furthest limits of possibility for human beings.

Monday, August 18, 2008

Shari'ah: A Muslim's Declaration of Independence - Part 9

The Issue of Ijtihad

Mu‘adh ibn Jabal was dispatched by the Prophet to govern Yemen. Before ibn Jabal left for Yemen, the Prophet asked him about the nature of the method through which ibn Jabal would govern. Ibn Jabal replied: ‘In accordance with God’s Book.’ Ibn Jabal was then asked by the Prophet that if the former could not find what he needed in God’s Book, how would ibn Jabal proceed. Ibn Jabal responded with: ‘Then, according to the sunna of God’s Prophet.’ The Prophet then asked what ibn Jabal would do if the latter could not find what he requires in the sunna of the Prophet. Ibn Jabal replied that he would exercise ijtihad.” The Messenger of God indicated that he was happy with the answers which ibn Jabal had given to each of the Prophet’s queries.

Some people have tried to construe the meaning of ijtihad as involving legal reasoning in some form. However, ijtihad – which comes from the same root as ‘jihad’ – refers to a process of personal striving or struggling to assert the truth of a matter.

The Qur’an says:

And strive hard in the way of Allah, such a striving as is due to Him;” [Qur’an, 22:78]

All of life requires one to exercise ijtihad. All of life requires one to strive for the truth.

Among other things, God has given each of us a capacity for seeking truth. To use such a capacity for anything other than striving for the truth is to strive in a manner which is less than what is due to God.

Reason might be one tool entailed by such an exercise. Nonetheless, there are other faculties and capabilities within the individual [e.g., heart, sirr, kafi, spirit] which also may be employed during the process of ijtihad.

Furthermore, whatever the nature of the faculties and methods which may be employed during the process of ijtihad, one is not necessarily seeking a legally enforceable solution to the question, issue, or problem at hand through such a process. This is especially so with respect to matters of shari‘ah -- which is an individual, spiritual task and not something which should be imposed collectively or through compulsion.

To govern is to oversee the regulation of public space so that that space is free of oppression, injustice, and tumult. Governance is not about the enforcement of shari‘ah, but, rather, governance is about the regulating of the ‘commons’, so to speak, so that individuals are free to pursue, or not, the issue of shari‘ah.

Presumably, if ibn Jabal was looking to the Qur’an, the sunna, and the exercise of ijtihad in order to find solutions to problems of governance, one should not necessarily assume that he was trying to discover various facets of shari‘ah which could be imposed on people. Rather, ibn Jabal may have been trying to discover those principles of justice, equitability, tolerance, truth, wisdom, and so on which will permit a community to exist in relative peace and harmony, free from oppression, so that the members of that community might individually tend to the responsibilities which revolve about and permeate the issue of free will in a manner which does not oppress others. As the Qur’an indicates:

“O ye who believe! Be upright for Allah, bearers of witness with justice, and let not hatred of a people incite or seduce you to not act equitably; act equitably, that is nearer to piety (taqwa) , and be careful with respect to Allah, surely Allah is aware of what you do.” [Qur’an, 5:8]

Ibn Jabal (may Allah be pleased with him) was seeking to be “upright for Allah”. He was seeking to be one of the “bearers of witness with justice”. He was seeking to “act equitably”. He was seeking to struggle toward a condition of taqwa. He was seeking to “be careful with respect to Allah”.

Notwithstanding the foregoing considerations, and without prejudice to either the Prophet Muhammad (peace be upon him) or ibn Jabal (may Allah be pleased with him), there is a great deal of ambiguity in the interchange between the two as related in the foregoing Hadith. For example, one might ask: What does it mean to find what one needs in the Qur’an? Or, what is meant by the idea of finding what one seeks in the sunna of the Prophet? What is actually entailed by the process of exercising ijtihad?

There is no one answer which can be given to any of the foregoing questions. Much depends on the spiritual capabilities and condition of the individual doing the needing, seeking, and striving in relation to, respectively, the Qur’an, the sunna, and ijtihad. Much also depends on the nature of the problem which one is attempting to resolve or the kind of question one is trying to answer.

The truth of the matter is that many people read about the account involving the Prophet Muhammad (peace be upon him) and ibn Jabal (may Allah be pleased with him), and such individuals tend to impose their own ideas onto the exchange. For example, because ibn Jabal was being sent off to Yeman to govern, there are those who suppose that the practice of ijtihad can only be performed by someone who has been given the authority to govern. Then, again, there are others who understand the interchange between the Prophet and ibn Jabal to mean that only someone who has been given the authority to make legal pronouncements is permitted to exercise ijtihad, and, then, such commentators often proceed to put forth a list of qualifications which such a person must have in order to be permitted to exercise ‘legitimate’ ijtihad.

There is an underlying logic inherent in the perspective of those who seek to restrict ijtihad to only certain kinds of individuals with certain kinds of qualifications. The nature of that logic goes somewhat along the following lines: The Prophet Muhammad (peace be upon him) was sending ibn Jabal (may Allah be pleased with him) to govern the people of Yemen; the Prophet was only showing approval concerning the exercise of ijtihad in the case of someone whom he had authorized to fulfill a specific task of governance; therefore, the Prophet would only approve ijtihad in someone whom he had authorized to accept such a responsibility.

The foregoing kind of logic is nothing more than presumptions which are being read into the conversation in question. In point of fact, there is nothing in the interchange between the Prophet Muhammad (peace be upon him) and ibn Jabal (may Allah be pleased with him) to which one can point that authoritatively and decisively demonstrates the necessity of concluding that only people who govern or only people who promulgate laws or only those with specific qualifications have the right to exercise ijtihad.

Above and beyond the foregoing sorts of difficulties, there are two other kinds of presumption inherent in the sort of logic which seeks to place limits on those who might exercise ijtihad. On the one hand, there is a presumption that those who exercise ijtihad today -- and, therefore, those who are referred to as mujtahids -- have been authorized by the Prophet to do so, and this is, at best, a very dubious presumption. On the other hand, there is another presumption present in the foregoing sort of logic which arrogates to itself the right to forcibly impose upon others the “fruits” from someone’s exercise of ijtihad which is, once again and at best, an extremely dubious presumption.

We are each governors of our own being. We each have been given the capacity to consult the Qur’an, the sunna, and, when appropriate, to exercise ijtihad as we strive to find our way to truth, justice, essential identity, and our primordial spiritual capacity.

In fact, one might argue that every engagement of the Qur’an and sunna is an exercise of ijtihad. Each individual strives and struggles to purify herself or himself in order that one may be led, God willing, to a spiritual condition which allows one to drink in what is necessary to have ears with which to hear and eyes with which to see the true nature of what God is disclosing to us through the Qur’an and the example of the Prophet.

Having said the foregoing, one should not suppose I believe there are no differences in the quality, depth, insight, wisdom, balance, or appropriateness as one moves from one exercise of ijtihad to the next exercise of ijtihad among different individuals. The Qur’an states:

“Are they equal – those who know and those who do not know? Only those of understanding are mindful.” [Qur’an, 39:9]

In this regard, there are some mujtahids who truly do know what they are talking about with respect to matters of shari‘ah, truth, and justice, just as there are all too many mujtahids who do not know what they are talking about when it comes to matters of shari‘ah, truth, and justice. Nevertheless, whether someone who engages in ijtihad knows what he or she is doing, or whether someone who engages in ijtihad does not know what she or he is doing, neither individual has the right nor authority to forcibly impose their understanding upon others when it comes to matters of shari‘ah.

If one wishes to think of shari‘ah as Divine Law, then, as previously indicated, one should understand the idea of law in such a context as being an expression of the way the universe spiritually operates rather than as being an expression of a legal system. No one has to impose the law of gravity on anyone since most of us become aware of the existence and nature of gravity through life experience, and, as a result, we begin to factor in our understanding of this law of nature with respect to our daily lives concerning what may be practical and what may be problematic when it comes to matters which are affected or influenced by the force of gravity.

When one runs afoul of the law of gravity, one is not being punished for a legal transgression. Rather, one is suffering the consequences of failing to exercise due diligence in one’s life with respect to the law of gravity.

Similarly, when one runs afoul of the principles inherent in shari‘ah, and, then, if things begin to become problematic in one’s life as a result of such transgressions, one is not being punished. Instead, as is the case in relation to the law of gravity, by failing to exercise due diligence with respect to shari‘ah, problematic ramifications may begin to become manifest in one’s life. This is just the way the universe is set up to operate unless God intervenes and interrupts the normal sequence of events.

The truth of the matter is – and as the Qur’an has indicated in a number of verses – difficulty, problems and trials come into the lives of everyone – whether they are believers or non-believers. Thus, the Qur’an notes:

“And we test you by evil and by good by way of trial.” [21:35]

Or, again:

“Do they not see that they are tried once or twice in every year, yet they do not turn nor do they take heed.” [9:126]

And, finally:

“And surely We shall test you with some fear and hunger and loss of wealth and lives and crops;” [Qur’an, 2:155]

Pursuing shari‘ah in a sincere fashion can assist one to cope with such problems, and when one turns away from that spiritual journey, one is actually placing oneself at a disadvantage when it comes to dealing with the rain which must fall into the life of everyone, and this is another natural law of the universe. Indeed, the following Quranic ayat alludes to those who properly understand this natural laws of the universe:

“But give glad tidings to the steadfast – who say when misfortune strikes them: Surely, to Allah we belong and to Allah is our returning.” [Qur’an, 2:156]

Furthermore, just as no one has to impose a penalty beyond what happens naturally when one transgresses the due limits of the force of gravity, so, too, with certain exceptions (to be noted shortly) no one has to impose a penalty beyond what happens naturally when one transgresses the due limits of shari‘ah. If one does not say one’s prayers, or if one does not fast during the month of Ramadan, or if one is financially and physically able to do so but does not go on Hajj, or if one fails to give zakat, or if one fails to act in accordance with the reality that God exists and that the Prophet Muhammad (peace be upon him) was given a Book of Divine revelation, or if one does not seek to acquire the noble character traits [such as forgiveness, tolerance, patience, gratitude, humility, steadfastness, love, generosity, and the like] which are part of what is sought by pursuing shari‘ah, then, one will have to deal with the problematic ramifications of such negligence in one’s day-to-day life.

Only when such ramifications spill over into the lives of others and, as a result, an individual’s negligence of shari‘ah leads to that individual pursuing courses of action that abuse, exploit, injure, or oppress others does the community have a right to step in and seek to restore harmony, peace, justice, and balance within the community. Such intercession is directed toward protecting the right of people in a community to be able to have the opportunity to make choices concerning shari‘ah – either toward it or away from it -- which are free from interference by others. These corrective efforts of the community are not directed at forcing some given transgressing individual to follow shari‘ah but, rather, is directed toward honoring the rights of individuals to have the opportunity to be free of oppression from others.

After such corrective measures are taken – and these measures need not be punitive and could involve attempts to mediate and reconcile individuals as a means of restoring balance and harmony in the community – if the individual who originally had introduced oppression into the lives of other people wishes to continue to choose to live life in opposition to the principles of shari‘ah, then, the person should be free to do so as long as such a life does not transgress further against the rights of others to be free of any tendencies toward oppression that may arise out of such choices. However, just as someone who does not wish to follow shari‘ah has no right to oppress others in the community, then the following is also true: those who wish to follow shari‘ah have no right to oppress others in the community in terms of the way the former wish to pursue shari‘ah.

Oppression is not about whether someone has transgressed this or that legal injunction. Oppression occurs when someone interferes with, or seeks to undermine and diminish, the sort of right with respect to which there is virtually universal consensus [and irrespective of whether someone believes in God or does not believe in God] – the right to be free to choose the course of one’s life. The responsibility which accompanies this right is a duty of care to others in the community – a responsibility which stipulates that however one exercises one’s basic right to choose, such choices cannot spill over and adversely affect the right of others to make similar free choices in their own lives.

Legal laws do not have to be transgressed in order to know that oppression exists in a family, community, or nation. All one needs to look at is whether there are imbalances and inequities among individuals in their respective abilities to effectively exercise the most basic of rights among human beings – that of free choice.

Freedom to choose is one of the most basic natural laws of the universe. When that natural principle is transgressed against, the result is oppression, irrespective of whether, or not, any legal rules have been broken.

In fact, in all too many societies, the legal laws which exist are intended to oppress people while simultaneously sanctioning the right of certain favored individuals under the law to oppress others with impunity. Indeed, in many Muslim nations and communities where certain laws are enforced which are referred to as shari‘ah -- but, in truth, are not shari‘ah – the legal structure of those communities and nations is set up in such a way so as to give government and religious authorities the right to impose what is called shari‘ah on people and thereby oppress them and, in the process, transgress against the freedom to choose which God has given to all human beings -- whether they believe, or they do not believe, in Divinity.

Just as air, water, and food are intended for all to use irrespective of whether, or not, they are believers in God, so, too, the right to choose is a basic entitlement of all human beings. In fact, at the very heart of shari‘ah is the right to freely choose among alternatives, and when legal injunctions which are referred to as shari‘ah are imposed on people, the very essence of shari‘ah is violated.

Those who are, by the Grace of God, good at exercising ijtihad – that is, those who are spiritually insightful, truly knowledgeable [as opposed to just being filled with information], as well as wise mujtahids [i.e., practitioners of ijtihad] perform an important service for those who are seeking counsel concerning the pursuit of shari‘ah. Nonetheless, that service is limited to offering counsel and nothing more, and, furthermore, no one has the right to take such counsel and use it to justify attempts to compel other human beings to live in accord with that counsel. To do so totally misses, if not distorts, the meaning and purpose of both being a mujtahid as well as pursuing shari‘ah.

The Prophet Muhammad (peace be upon him) is reported to have said: “When the qadi judges and does ijtihad and hits the mark, he has ten rewards; and when he does ijtihad and errs, he has one or two rewards.”

The Prophet is indicating in the foregoing that the exercising of an intention to seek truth and justice is rewarded in and of itself, even if it turns out that one who is exercising such an intention pursues a path which does not give expression to either truth or justice. Moreover, the foregoing also seems to indicate fairly clearly that ijtihad is the process of struggling for the truth of a matter, while being correct or in error concerning the results of that process is quite another matter altogether.

However, one should not assume that the Prophet was indicating in the previous Hadith that making errors concerning the exercise of ijtihad is okay and without consequences or that one has the right to impose such erroneous judgments on others. This latter point is especially relevant with respect to those individuals who have not been authorized by either God or the Prophet Muhammad (peace be upon him) to exercise ijtihad on behalf of a community – as opposed to exercising ijtihad in conjunction with respect to oneself … something which we all have been given the capacity and responsibility to do.

To make judgments as a mujtahid is not a matter of imposing shari‘ah on others. Rather, to make judgments as a mujtahid is to strive toward assisting members of a community to identify those tools of truth and principles of justice which might be useful resources to apply, like salve on a wound, to help alleviate the pain and difficulties which have ensued from some manner of disturbance in the peaceful fabric of a community so that harmony and balance may be restored through a peaceful reconciliation of differences and conflicts.

*****************