The Issue of Qiyas
Previously, I briefly explored the idea of hadith and ijma as two of the major resources which usually are cited in many discussions concerning Sacred Law and shari‘ah. Earlier, I also outlined some important problems revolving about such ideas. Such problems are especially important to keep in mind when people – as, unfortunately, all too many theologians and religious scholars seem inclined to want to do – seek to use either Hadith and/or ijma as a basis for trying to impose on others some given approach to Sacred Law and shari‘ah and claim that the religious determinations that emerge through one’s use of such resources are obligatory or a duty or a Divine ordinance or compulsory and with which, therefore people must comply or to which people must submit.
Qiyas is another methodological source cited by some religious scholars as having authoritative weight when it comes to trying to determine the nature of Sacred Law and shari‘ah. While not all of the four schools of jurisprudence noted earlier accept or use the methodology of qiyas to help reach their determinations concerning the nature of Sacred Law in any given situation, most of the aforementioned schools do, under certain circumstances, employ qiyas as a basic tool.
Qiyas is a word which, in literal terms, means measurement. In effect, when a qiyas is used in discussions concerning religious legalisms, the word is meant to give reference to a standard, metric, or method of establishing a similarity, analogical relationship, or a logical connection between two situations, objects, or issues.
The idea of qiyas gives expression to a form of reasoning or logic which seeks to link two situations or sets of circumstances and focus on the similarities and/or logical relationships between the two. In other words, qiyas is a measuring device, of sorts, which has been constructed in accordance with a mode of logic or discursive thinking which is to be used as a means for comparing the results generated by such a measuring device, standard, or metric that is being used to assess or analyze the structural character of whatever situation, problem, issue, or question that is being considered and to which the qiyas mode of measurement or logic is being applied.
Inherent in the nature of this sort of logic is the idea that if one constructs such a ruler, standard, or measure and lays that measure against one object [or case, issue, question] of interest and, thereby, obtains a measure or assessment of some kind, then, one may be able to take that same mode of measurement or assessment and lay it against other objects [cases, issues, or questions]. Furthermore, if such a mode of measurement generates, with respect to the new object or case, a similar kind of result in relation to the new object/case as was obtained during the first application of the standard, then, the principles inherent in the mode of measurement or logical relationship are considered to be reflected by both objects or cases which are being compared, and, on the basis of such a measurement or application of a standard, one proceeds to argue that the two cases or objects are similar in a certain way or that the two cases/objects share a logical link which is tied to the mode of measurement or assessment – that is, qiyas -- being used.
Thus, suppose one is seeking to measure a cat with a ruler, and, then, one places this same ruler against another object. Suppose further that there are similarities detected by one’s mode of measurement in the new object which are reminiscent of what one found in the case of the cat. According to the logic of qiyas inherent in such a situation, one has grounds for arguing that the new ‘object’ is a cat – even if that new object is not a cat but, instead, turns out to be a rabbit, mouse, dog, or some other life-form.
Obviously, one needs to understand what one is trying to measure, and one needs to understand whether the units of measurement of the ruler or metric being used are appropriate to that which one is seeking to measure. One also needs to know whether one’s mode of measurement actually reveals anything of significance concerning the issue of similarity or logical relationship between two objects or cases – beyond, that is, the manner in which one’s ruler or standard of measurement is constructed and has been used in both instances of measurement or analysis.
The logic of any measuring device is that such a device will find, or not find, only that for which it is looking. Furthermore, if a measuring device captures what it has the capacity to establish in the way of a measurement, this finding, in and of itself, does not necessarily say anything about the nature of that which is being analyzed through such a process of measurement except that one’s method of measurement or assessment is capable of reflecting certain facets of the situation to which it is being applied.
If, for example, one understands that a measuring device can only tell one about the length, width, or height of a given object, then, one knows that when one finds two, or more, objects which exhibit common properties that can be measured by the metric or ruler being used, then, all one has found is a reflection of one’s own method of measurement concerning length, width and height. One has not necessarily discovered anything about the actual nature of that to which such a measuring device has been applied other than that, within certain limits, one’s measuring device can generate a quantitative description concerning the height, breadth, or width of that something.
To say that a cat is ten inches long or three inches wide or six inches tall says nothing about what it is to be a cat other than the fact that some cats come in such a size. If one wishes to know what cats actually are, one has to find a method for assessing the structural character of ‘cat-ness’ that is far more complex than a simple ruler which measures inches and feet.
Quantitative measurements constitute one kind of similarity or logical relationship among certain objects and situations. However, qualitative measurements constitute a very different way of trying to compare two situations, objects, or the like.
To say that two objects share similar physical properties as determined by the measuring or logical process which links the two objects or cases, is one thing. Such quantitative measurements and subsequent comparisons often tend to be fairly straightforward – although using a foot ruler to measure light years could become a little unruly.
However, trying to measure the qualitative properties of two objects or cases tends to be much more problematic. This is especially so when one is trying to say that two objects or cases are similar in some way and that such similarity is sufficient to justify treating the two objects or cases in similar ways or that such similarity is sufficient to justify drawing conclusions concerning how to treat the two objects or cases.
For example, even if one were to come up with a complex measuring metric with respect to cat-ness, nonetheless, determining the nature of a cat will not necessarily tell one very much about the nature of a bird or dog or human being. Furthermore, even if one could construct a measuring device which would permit one to instantaneously calculate similarities and logical relationships among, say, mammals, birds, reptiles, marsupials, and bacteria, none of this might be very helpful in understanding what significance any of these species carried with respect to God’s understanding of Creation.
There are a variety of assumptions inherent in the use of qiyas which tend to suggest that if one believes one knows how God wishes one to engage one situation, case, or object, then, as long as one can demonstrate that a relevant similarity exists between a new case and the already established case, then, whatever behavior, prohibitions, permissions and the like which apply to the former set of circumstances also are said to apply to the latter set of circumstances. Yet, the basis of the alleged similarity or logical relationship which has been put forth through the use of qiyas and which, allegedly, ties together two situations, cases, or objects in question is claimed by the proponents of this method to be a valid way of arguing or justifying what is being claimed.
One assumption permeating the foregoing mode of thinking is the contention that one knows how God wishes one to engage the original set of circumstances at issue. If one misunderstands the nature of the original exemplar, then whatever similarities, analogical relationships, or logical features one points to as being held in common by the two cases will not have much value.
Another assumption inherent in the foregoing way of approaching things is that one is claiming one knows what constitutes a ‘relevant’ similarity or logical relationship when seeking to link two different sets of circumstances. Two objects, cases, or situations are likely to have many things in common, but such commonality does not necessarily justify treating the two objects or cases in the same way or interacting with the two objects or cases in the same way.
In short, the method of qiyas presumes to know what constitutes the most appropriate way of linking things in terms of logical relationship and similarity. Moreover, the use of this qiyas presumes to know which properties and qualities among various objects or cases are the ones which God wants human beings to focus on, or to be measured, or to be shown to be similar, or to be linked through some logical relationship.
Qiyas is a proposal or hypothesis. This proposal or hypothesis claims, in effect, that the manner of arguing through the use of such a method is something which gives expression to the truth of things in a given set of circumstances. Yet, there is nothing independent of such a claim which is necessarily capable of demonstrating the truth of what is being alleged through the use of the tool of qiyas.
Qiyas is nothing more than a rational argument claiming that a given similarity or logical relationship which is established through the use of such a tool is a possible way of thinking about a given issue, problem, or question. That argument may make sense in its own terms, but having an internal consistency with respect to its own mode of logic doesn’t necessarily mean that this form of reasoning has captured the truth of things or that it will lead to a correct understanding of the truth of things in terms of how God understands the situation. As such, the use of qiyas gives expression to a theory of things which stands in need of independent proof that the theory underlying such a use of qiyas reflects the truth of matters in relation to the Sacred Law or shari‘ah.
Consequently, at the very least, an individual needs to exercise caution concerning the use of qiyas. This caution should be exercised not only when one is concerned with one’s own spiritual journey, but, as well, such caution should be exercised even more rigorously when it comes to offering advice to others about how one believes they should lead their lives in relation to matters of the Sacred Law and shari‘ah.
One needs to engage the Sacred Law in a way which provides one with the best opportunity of becoming open to God’s communication and being able, God willing, to discover a condition which will permit one to be led back to the hukm – that is, the authoritative and governing principle with respect to the reality of something -- inherent in some given aspect of a Divine communication as that hukm relates to the problems and questions with which one is grappling. However, if one relies on qiyas, then, one may be trusting in something involving human theoretical constructions rather than Divine disclosure.
To give some intimation of the dangers which may be inherent in using the method of qiyas, I will put forth an example which, although ridiculous in nature, nonetheless, fits into the logical form of a qiyas. More specifically, through the use of qiyas, I am going to demonstrate that I am a Prophet of God.
The Prophet Muhammad (peace be upon him) is a man, and I am a man. The Prophet lived to at least the age of 63, and I have lived to at least the age of 63. The Prophet had a beard, and I have a beard. The Prophet spent time in Mecca, Medina, and Taif, and I have spent time in Mecca, Medina, and Taif. The Prophet traveled across the desert between Mecca and Medina, and I have traveled across the desert between Mecca and Medina. The Prophet prayed, fasted, and went on Hajj, and I have prayed, fasted, and went on Hajj. The Prophet spent time in seclusion, and I have spent time in seclusion. The Prophet spoke to people about Islam, and I have spoken to people about Islam. The Prophet had no male children who survived him, and I have no male children who survived me. The Prophet had a sense of humor, and I have a sense of humor. The Prophet sought to live in accordance with the Sacred Law, and I seek to live in accordance with the Sacred Law. The Prophet passed away, and I will pass away.
I could continue on along the foregoing lines, pointing out other similarities between the two of us. Therefore, if similarity is the fulcrum through which such logic is leveraged, then, based on such similarities, I must be a prophet … which, as we all know, is not the case.
The Qur’an says: “…he (Muhammad) is the Messenger of Allah and the Seal of the Prophets;” [Qur’an, 33:40]. In this case, the Qur’an serves as an independent source to demonstrate that the foregoing exercise in qiyas is not tenable. Moreover, the hukm – that is, the authoritative and governing principle with respect to the reality of something – which is operative here is that the status of being a prophet is rooted in Divine appointment and not the presence of similarities.
One can point out as many similarities between two situations as one likes, but if those similarities do not go to the heart of the matter, and if those similarities do not touch upon the appropriate hukm or authoritative principle which governs such situations, then, despite the existence of similarities or logical links between two cases, one cannot necessarily use the presence of such similarities as a basis for drawing conclusions concerning how to think about the two cases in question.
Being able to point to similarities or logical relationships between two cases does not necessarily mean that one understands a situation in the way that God understands that situation. In short, similarities or logical relationships, in and of themselves, are not necessarily sufficient to be able to discover what may be most resonant with the Sacred Law and/or shari‘ah in any given case.
Consequently, in the light of the foregoing indications, the use of qiyas is a potentially problematic tool. This is especially the case when one takes into consideration that qiyas is usually only resorted to when people are not able to find the guidance which they are seeking in either the Qur’an, the sunna of the Prophet, or consensus of opinion concerning some question or issue.
Under such circumstances, the individuals who have not found what they are looking for in the Qur’an, the sunna, or through consensus are not likely to possess some independent source – such as the Qur’an or sunna -- which is capable of showing that the similarities or logical relationships being noted through a given use of qiyas are either viable or untenable … a case which stands in contrast to the previous thought experiment in which I sought to demonstrate that I am a prophet through applying the tool of qiyas. Fortunately, however, I did know of an ayat of the Qur’an to which I could point to demonstrate the fallacy of the thinking inherent in the qiyas which had been constructed by me.
To be sure, God encourages human beings to think about, and reflect on, the communications which are being expressed through the Qur’an.
“Did they not consider [yanzuru] the Kingdom of the Heavens and Earth … ?” [Qur’an 7:185)
Do they not reflect [yatafakkaru] that their companion has not unsoundness of mind [Qur’an, 7:184}
“Do they not reflect within themselves …” [Qur’an, 30:8]
“… thus do We make clear the communications for a people who reflect. [Qur’an, 10:24]
“Had We sent down this Qur’an on a mountain, you would certainly have seen it falling down, splitting asunder because of the fear of Allah, and We set forth these parables to humankind that they may reflect.” [Qur’an. 59:21]
If one considers, thinks, and reflects, then, God willing, one may arrive at certain general realizations concerning the nature of truth and one’s relationship with that truth.
However, these truths which may come to be realized through thinking and reflecting have a resonance with the nature of such Divine disclosures that is not a matter of establishing similarities or analogies concerning such truth. Rather, the nature of such realizations has to do with the truth of certain limited aspects of the nature of reality itself being made manifest to one – to be understood according to one’s capacity to do so and according to the Grace which is conferred on such understanding.
One is, for example, asked in the Qur’an to think and reflect upon the experiences of past peoples and nations. Think and reflect upon how all peoples, empires, and nations have eventually crumbled and lost all that they had acquired in life … is there not a lesson here – a lesson which does not involve similarities or analogies but a certain stark expression of the truth of things that is relevant to one’s life?
So it is with all of the things about which God asks the individual to think and reflect upon. Open oneself, God willing, to what is being communicated and, as a beginning, permit thinking and reflective faculties to operate in an undistorted and unbiased manner so that one can understand, according to the capacity or limits of thinking and reflecting to do so, what is being communicated to one.
In the Qur’an God may use analogies and likenesses in order to communicate with human beings. For instance, consider the following examples:
“The likeness of the two parties is as the blind and the deaf and the seeing and the hearing: are they equal in condition? Will you not then mind?” [Qur’an, 11:24]
Or:
“The likeness of this world's life is only as water which We send down from the cloud, then the herbage of the earth of which men and cattle eat grows luxuriantly thereby, until when the earth puts on its golden raiment and it becomes garnished, and its people think that they have power over it, Our command comes to it, by night or by day, so We render it as reaped seed; produce, as though it had not been in existence yesterday; thus do We make clear the communications for a people who reflect. “ [Qur’an, 10:24]
And, an analogy or simile with which many Muslims are familiar, God also says in the Qur’an:
“Allah is the light of the heavens and the earth; a likeness of His light is as a niche in which is a lamp, the lamp is in a glass, (and) the glass is as it were a brightly shining star, lit from a blessed olive-tree, neither eastern nor western, the oil whereof almost gives light though fire touch it not -- light upon light -- Allah guides to His light whom He pleases, and Allah sets forth parables for men, and Allah is Cognizant of all things.” [Qur’an, 24:35]
Reasoning by analogy may be used by an individual, but one has to be aware of the potential for error which is present in that practice. More specifically, while God does employ similes, metaphors, parables, and analogies in the Qur’an, an important consideration to keep in mind is that God knows the precise meaning of such similes, metaphors, parables, and analogies, whereas human beings do not understand their meanings unless God chooses to disclose such understanding, insight, and knowledge to a given individual.
Therefore, when humans use analogies of their own construction as a basis for trying to establish the nature of the deen, then, there is a potential for considerable error. Only when one understands the structural character of God’s use of simile, metaphor, parables, and analogy, can one hope to tread a straight path, God willing, with respect to understanding and being able to gain access to the hukm – that is, the authoritative and governing principle with respect to the reality of something -- of whatever is under consideration.
One might approach the issue of qiyas in another, perhaps, more direct manner than the foregoing. Consider the following verses from the Qur’an:
“This, then, is Allah your God, the Lord, the Truth [your true Lord].” [Qur’an, 10:32]
“That is because Allah is the Truth.” [Qur’an, 22:62]
And God speaks the truth and leads [guides] to the way. [Quran, 33:4]
“Do you not see that God created the heavens and earth through [with] Truth.” [Qur’an, 14:19]
“He did not create the heavens and earth and what is between them except through [with] Truth.” [Qur’an, 30:8]
If God is truth, and if the Word of God is the truth, and if everything which has been created in the heavens and earth, as well as between them, is the truth, then what is one trying to accomplish when one seeks to construct a qiyas which attempts to establish a certain dimension of similarity between two things or which attempts to show the logical relationship of one thing to another? Presumably, one is trying to use qiyas as a means of elucidating, or giving expression to, the nature of a truth governing such situations.
However, if a given use of qiyas is incorrect, then, surely, as the Qur’an indicates: “What is there after truth but falsehood [error]?” [10:32] Moreover, according to the Qur’an: “Allah’s is the conclusive argument,” [Qur’an, 6:149] so, one must look to God in order to gain access, God willing, to the nature of such a conclusive argument with respect to any given application of qiyas.
As such, a qiyas is something which, itself, stands in need of further proof – from God – concerning the extent, if any, to which a particular use of qiyas gives expression to truth. A qiyas, in and of itself, is nothing more than a proposal concerning a possible truth about, say, Sacred Law or the shari‘ah, and one needs to have such a proposal confirmed by God rather than by human beings.
One may be able to follow the logical mapping entailed by some analogical relationship between two situations which is being proposed by this or that religious jurist, but this is not enough. One must know whether, or not, what is being proposed in the form of such a qiyas is acceptable to God as an appropriate manner of linking two situations with respect to helping one to better understand the nature of Sacred Law or the nature of shari‘ah.
The use of qiyas in any given set of circumstances often operates with a hidden presumption. The presumption is that the analogical relationship or logical relationship which is being set forth through such use of the methodology of qiyas carries a Divine sanction, but this sanction is not demonstrated merely by putting forth a qiyas – one needs a further conclusive argument from God concerning the matter which only can come through spiritual disclosure and not rational argument.
In the Qur’an, one finds:
“Indeed there have come to you clear proofs from your Lord; whoever will therefore see, it is for his own soul and whoever will be blind it shall be against him, and I am not a keeper over you.” [Qur’an 6:104]
Proof is a matter of understanding and seeing … of having wisdom … of being taught by Allah. Furthermore, this understanding is for each individual soul and is not something which is to be imposed on others.
The proof is in the understanding which comes to one’s heart. Moreover, when one comes to understand the nature of the Divine proof, it becomes incumbent upon one – as a requirement of the way things are -- to act in accordance with that truth.
Unfortunately, some individuals are blind to this understanding even as they suppose that they see the truth. When one comes to understand how gravity operates, it behooves one to take into consideration the nature of gravity when dealing with physical reality. Similarly, when one comes to understand the nature of some spiritual principle, then, it behooves one to take into consideration the nature of that spiritual principle when dealing with Being.
Such an understanding reflects part of the order of things. Once one knows something of that order, then, one departs from that order at one’s own risk.
Notwithstanding the foregoing considerations, none of what has been said so far necessarily rules out, or automatically invalidates, using the methodology of qiyas as a possible aid in relation to someone’s spiritual deliberations concerning the nature of the Sacred Law. On the other hand, while the use of qiyas in any given situation may appear to be persuasive to an individual when it comes to the making of judgments and choices in his or her own spiritual journey, the method carries little authoritative, spiritual weight, in and of itself, unless one can demonstrate – in the sense of the sort of conclusive proof which belongs to God – that the qiyas in question reveals an important truth concerning the nature of the Sacred Law and/or shari‘ah. More importantly, there is nothing about the logical force of any attempted use of qiyas, considered in and of itself, which has the capacity to justify trying to compel anyone to comply with the logic of such a qiyas, and this would be true even if the Qur’an had not already indicated that there can be no compulsion in matters of Deen.
In legalistic approaches to: the Qur’an, Sacred Law, and shari‘ah, one is taught that the nature of the authoritative, governing principle of something’s reality – that is, determining its hukm -- tends to be a function of deductive, inductive, and analogical modes of reasoning. However, one cannot use such rational methods to arrive at the hukm of a verse of the Qur’an – one must be taught this directly through spiritual means … the depth and character of understanding being determined by: (1) the faculty through which one is taught or through which one comes to understand; (2) the extent of the Grace of disclosure which is manifested through that faculty, and (3) the character of one’s spiritual capacity in such matters.
The surface meaning of a Quranic ayat is related to the hukm of that ayat. Nonetheless, the latter cannot be reduced to the former.
Whatever is plainly communicated in the Qur’an is the surface meaning of that verse, and God has given every human being the freedom to accept or reject what is being communicated through such surface meanings. At the same time, in order to understand the full guidance of the Qur’an, one must be led to the nuances of how the collective meanings of the Qur’an may be most harmoniously and efficaciously brought together and be applied as one moves from one circumstance in life to the next, and this involves being brought back to the roots of things by God. One needs to be shown the hukm or reality or spiritual authority of something, and only God can do this … only God can teach this.
“If you are godfearing (have taqwa), He will give you discrimination.” [Qur’an, 8:29]
“Be Godfearing [have taqwa], and God will teach you [Qur’an, 2:282]
One cannot use the capacity of reason to penetrate through all levels of meanings inherent in God’s communications. Beyond the capacity of reason are the capacities of heart, sirr, kafi, and spirit, and these additional faculties have capacities for knowing and understanding which transcend the capabilities of rational modes of knowing and understanding.
At best, rational methods may only grasp -- according to their capacity and only if God wishes -- something of the surface features of revelation. However, as indicated earlier, the surface meaning of an ayat is but one mode of resonance or wave length or frequency arising out of the hukm of the Qur’an taken as a whole.
Just as light consists of an array of frequencies that give expression to the phenomenon of light, so, too, the Qur’an gives expression to an array of meanings which give expression to the hukm of any given Quranic ayat in a given instance of applied guidance. Furthermore, each of these meanings has a reality which is resonant with the overall reality of the Qur’an.
In the Qur’an one finds: “So learn a lesson, O ye who have eyes.” [Qur’an, 59:2]
The term for “learning a lesson” here is: i‘tabiru. The imperative form of i‘tabiru comes from a verbal noun ‘ubur which conveys a sense of “crossing over” as in from one bank of a river to the other, or as in making passage from one place to another.
Literally speaking, the term ‘itibar’ gives expression to a metaphor of sorts which involves a process of seeking to engage a mode of transport which takes one beyond the original or actual context of a given issue. In the context of the Qur’an, when one is trying to ‘learn a lesson’ one is seeking to cross over from the particulars that are being expressed through a given aspect of the external form of revelation to the underlying hukm or governing principle which is inherent in that external form.
Thus, to learn a lesson in the foregoing sense is to begin one’s journey with the structural character of a given situation in terms of its facts, particularities, and contingent circumstances, and, then, use such a starting point to struggle or strive to gain insight into the nature of such a situation. To learn a lesson is to cross over from the surface features of a situation to its hukm – its governing principle, reality, or truth.
Virtually anyone may be able to see the external, surface features of a given set of circumstances, but not everyone may be able to grasp the spiritual meaning, significance of, or principle inherent in such a situation. Those who, by the Grace of God, successfully have made such a transition are those who have learned a lesson concerning that to which God is directing one’s attention through this or that facet of revelation … these are the ones who have eyes … these are the ones who can accomplish the process of crossing over from worldly facts to a spiritual understanding concerning those facts.
The use of rational faculties – such as in the use of qiyas -- is one mode of crossing over. However, it is not the only mode of doing so, and, in fact, spiritually speaking, rational methods are the most limited, constrained, and problematic forms of crossing over because such methods tend to introduce a variety of distortions and biases into the crossing-over process – problems and distortions which reflect the form of logic inherent in the rational methodology which is being imposed on reality and which filters or frames what we experience by means of the logic of that methodology.
The crossing over process of learning a lesson from a given set of Quranic circumstances is more deeply and thoroughly understood when the faculties which are used to make passage from the external realm to the internal realm is done through, for example, the heart (especially the dimension of the heart known as fo’ad), sirr, kafi, and the spirit. All of the foregoing faculties are mentioned in the Qur’an – for example in conjunction with sirr and kafi, one finds: “God knows the secret (sirr) and that which is more hidden (kafi)” [Qur’an, 20:7] -- but, unfortunately, many theologians, religious scholars and jurists tend to restrict themselves to purely rationalistic methods when engaging the Qur’an, and, as a result, run a very real risk of developing skewed understandings concerning various Quranic passages.
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Showing posts with label taqwa. Show all posts
Showing posts with label taqwa. Show all posts
Monday, August 18, 2008
Shari'ah: A Muslim's Declaration of Independence - Part 6
The Qur’an
Many people want to treat the ayats of the Qur’an as an absolute list of injunctions which serve as rules for life that must be applied by everyone in the same way – which usually means ‘their’ way – with respect to the contingencies of life. In addition, all too many believe they have a God-given right to police the manner in which others go about pursuing shari‘ah.
There are, of course, certain themes in the Qur’an which are absolute and, as such, do not change. For example: There is only one God, and Muhammad is a messenger and Prophet of God; the Qur’an is a Book of truth; there is a purpose to life; all of life involves a struggle of choosing between good and evil; human beings will be held accountable for what they do and do not do; purifying oneself plays an integral role in an individual’s spiritual journey; acquiring, and acting in accordance with, character traits such as humility, equitability, patience, forbearance, forgiveness, generosity, integrity, honesty, gratitude, love, friendship, compassion, dependence on God, courage, sincerity, and steadfastness are essential tools for not only dealing with the difficulties of life but assisting one in one’s search for truth, justice, essential identity, and the realization of one’s unique spiritual capacity; faith is not only a condition which constitutes more than an exercise of blind belief but actually gives expression, if God wishes, to an array of modalities of understanding, insight, and wisdom concerning the nature of existence; empirical observation and reflecting or contemplating on what one observes is something which God encourages rather than discourages; one’s intention should always be to serve God in whatever one does; one should seek to oppress neither others nor oneself; daily prayers, the fast of Ramazan, the payment of zakat, and the observance of the rites of Hajj all have the capacity to assist one to make progress along the spiritual path.
All of the foregoing is entailed by the process of shari‘ah. Nevertheless, there is not just one way to engage such challenges – nor is there anything in the Qur’an which indicates that one must either reduce the possible ways of engaging shari‘ah to what has been decided by, say, the five major madhhabs (i.e., schools of jurisprudence) or that one must necessarily insist that shari ah should be construed in terms of a legal system, or that one is entitled to impose one’s understanding of shari‘ah onto other people … even if there may be a majority of people in a community who wish to oppress and compel others in such a manner.
The Qur’an is not a collective revelation but an individual event. This is true not only with respect to the life of the Prophet, but this is also true in the life of anyone who seeks to engage the Qur’an in a sincere manner … even though, from time to time in the Qur’an, individuals are being referred to collectively -- both generally [O humankind] or in particular circumstances [O Ye who believe].
It is individual fitra – that is, one’s primordial spiritual capacity -- which responds to Divine disclosure. We come to understand our duties of care with respect to all of Creation through our relationship with God. It is through our individual commitment to God that we are prepared to acknowledge the right which other aspects of Creation have over us, as well as the rights which we have over other facets of Creation.
Divine guidance is directed toward helping individuals to engage life as best they can and to apply such guidance to their individual lives as best they can. Forbidding the evil and encouraging the good are part of the discourse of community for, as the Qur’an indicates, one should “enjoin the good and forbid the evil, and bear patiently that which befalls you; surely these acts require courage.” [Qur’an, 31: 17]
However, these actions of forbidding evil and encouraging good carry no authorization which justifies a person seeking to enforce onto others one’s expectations concerning evil and the good with respect to how such people will conduct themselves in relation to matters of Deen. If this were not so, the Qur’an would not be indicating in the same context that forbidding evil and encouraging good must be pursued through patience and courage.
Forbidding the evil and encouraging the good must be done in accordance with an adab through which one uses kindness, respect, wisdom, and a beautiful form of communication that is alluded to in the Qur’an when speaking about such matters with others – namely, “Call to the way of your Lord with wisdom and goodly exhortation, and have disputations with them in the best manner.” [Qur’an, 16.125]
Moreover, when one comes to discover that such communications are not welcome, then, one should say peace and leave those individuals alone. As the Qur’an indicates:
“So turn away from them and say, Peace, for they shall soon come to know.” [Qur’an, 43:89]
“And the servants of the Beneficent God are they who walk on the earth in humbleness, and when the ignorant address them, they say: Peace.” [Qur’an, 25:63]
In asserting that Sacred Law and shari‘ah primarily involve an individual struggle and not a collective one – although it is an individual struggle which has implications for the collective -- I am seeking to encourage the good. In claiming that Sacred Law and shari‘ah should not be forcibly imposed on people I am seeking to forbid the evil.
“And (as for) those who follow the right direction, He increases them in guidance and gives them their guarding (against evil). [Qur’an, 47:17]
The words of Allah are the forms which issue forth from Kun and give rise to the manifest and the unmanifest. The hukm – that is, the governing principle of a given facet of reality – of such words is the authority of the truth of meaning which is being given expression through the names or linguistic forms of the Qur’an.
Authority for anything can only be given via the truth. One must grasp the truth to grab hold of the hukm or authority or governing principle of a given portion of text or word of the Qur’an.
Truth cannot come through human interpretation. Truth can only come through an understanding which is granted by Divine Generosity. As the Qur’an indicates:
“We raise by grades whom We will, and over every lord of knowledge, there is one more knowing.” [Qur’an, 12: 76]
“We shall show them Our signs upon the horizons and in themselves, until it is clear to them that God is the Real [Qur’an, 41:53]
“The Real has come, and the unreal has vanished away. Lo! Falsehood is ever bound to vanish.” [17:81]
When human beings seek to interpret the Qur’an, human conceptual constructs are being imposed upon Divine guidance. As long as human interference is present, then, the unreal will not vanish away.
To interpret the Qur’an is to interfere with the process through which God discloses the Divine signs upon the horizons and within us. It is the Real which banishes falsehood, not the interpretive efforts of human beings.
It is God Who raises by degrees and grades of knowledge. This process of being raised is not done through the process of interpretation but through the act of sincerely listening to that which God is communicating to humankind.
The hukm or the governing authority of a given truth or reality influences the heart through the qualities of that truth and not through the need for compulsion or force. This is why there is ‘no compulsion in Deen’ because there is no need for compulsion when the heart is attracted by truth, and when the heart is not so attracted, no amount of compulsion can bring such a heart to an understanding of the truth.
Linguistic forms of Arabic are not the bearers of meaning, but, rather, they are portals through which Divine meanings may enter one’s life. Linguistic forms constitute the structural character of the portal that gives expression to part of the Divine meaning which encompasses but extends beyond the portal through which one initially accesses that Ocean of Truth lying beneath the linguistic surface. In short, Quranic words are portals to a non-linguistic wisdom which, if God wishes, informs a person’s understanding of the linguistic form that serves as a covering for the portal.
“The Faithful Spirit has descended with it upon your heart that you may be of the warners … in plain Arabic language.” [Qur’an, 26:193-194]
The warnings inherent in the Qur’an are in plain Arabic language, but much more descends on the heart than just warnings. As the Qur’an informs us:
“O humankind! There has come to you a direction from your Lord, and a healing for the diseases in the hearts, and a guidance, and a mercy for the Believers.” [Qur’an, 10:57]
The Qur’an means ‘that which is recited’. The word: ‘Qur’an’ is an active verb.
The Word of God is recited by God to the heart of the receptive individual, and, as an active verb, that recitation gives expression, if God wishes, to a process of acting on the heart of the individual. The recitation of the Qur’an is a process of mediating between the receptive heart and the Author of such communications.
As an active verb, the Qur’an speaks to us now. The Qur’an is not a book of the past but, rather, it is a form of communication which is taking place in the present.
The Qur’an is perpetually new in its descent upon the receptive heart, but for those who are not properly receptive, then, their hearts are made to engage the Qur’an in a distorted manner that filters the Divine communications through the biases of unbelief and conceptual or ideological and theological idol-making – that is, through the filters of that which hides the truth which is shining forth. This is the nature of unbelief … to hide the truth, and this is what a reciter of the Qur’an does whose heart is not receptive with his or her whole being with respect to what is being communicated by God through the Qur’an.
In this respect, the Qur’an states: “What? Is the person whose heart Allah has opened to Islam, so that such an individual is in a light from his Lord, like the hard-hearted? Nay, woe to those whose hearts are hard against the remembrance of Allah, those are in clear error.” [Qur’an, 39:22]
God indicated that the heart of His believing servant does contain Him. This descent of the truth of God’s Word into the heart of the believing servant is at the heart of nuzul or descent, for God is truth, and that which resonates with the truth when it has descended and is present, does contain God to whatever extent that truth has been realized.
The Qur’an continually brings new, better understandings and knowledge to the heart of the sincere believer without annulling any of the truths which have been brought to the hearts of believers previously. Moreover, all such meanings, knowledge, and truth have been inscribed from the beginning within the infinite plenitude of the Word.
Each believing heart has a different structural capacity – or fitra -- for hearing the Qur’an’s Ocean of Truth. The Truth of God’s Word does not change – indeed, “The Words of God do not change [la tabdila fi kalimati Llah]” [Qur’an, 10:64]. Nonetheless, the unchanging truth is engaged by different capacities which leads to an array of understandings which give expression to various dimensions and facets of that unchanging Word – all of which are true to precisely the extent to which those understandings give expression to such truth.
The Qur’an says: “And do not make haste with the Qur’an before its revelation is made complete to you and say: O my Lord! increase me in knowledge.” [Qur’an, 20:114]
One is being counseled to not make haste or to not be in a hurry with the Qur’an. One must exercise patience, diligence, sincerity, and have taqwa, or piety, concerning the process of laying oneself bare to be able to be open to what is being communicated through the Qur’an. One must allow oneself to marinate in the juices of Divine communications before their meanings will be made complete to one – that is, before understanding will descend from God to the heart of the individual.
The true reciter of the Qur’an is Allah. Consequently, the individual must wait for God’s recitation to enter one’s heart in the form of understanding and knowledge.
One cannot force this issue through compulsion. Moreover, no power of reflection, in and of itself, is capable of grasping truth.
Truth must be bestowed through a Divine recitation to the heart. One recites to provide an opportunity for the Reciter – that is, God -- to communicate through the Divine recitation in a manner which will move and influence one’s heart.
The knowledge must come from God and not from interpretation. When we interpret God’s communications, we actually leave the truth and/or hide that truth in the meanderings of one’s own meanings.
The Qur’an says: “And who is more unjust than he who forges a lie against Allah or gives the lie to His communications; surely the unjust will not be successful? [Qur’an, 6:21]. To interpret the Qur’an is, in effect, to forge a lie with respect to the Word of God.
In a sense, there is something like a spiritual vibration which is set up between the recited word of God and the internal faculties of the individual. When an individual is receptive to being guided – that is, when the individual has taqwa or piety -- then, God willing, there is an entrainment process which occurs wherein the faculties of the individual are shaped and colored by the resonances of Divine guidance, and the resulting condition is a species of knowledge which comes from Allah. In this regard, the Qur’an states:
“O humankind. We have created you from a male and a female and made you tribes and peoples so that you may know each other; surely, the most honorable among you with Allah is the one who has taqwa.” [Qur’an, 49:13] –
that is, the one who is most careful with respect to one’s Deen or relationship with Divinity.
All tajalli – that is, all flashes, disclosures, or manifestations of truth -- arise from encounters with the Word of God. The two books of the Word of God – i.e., revelation -- are the Qur’an and Creation or Nature. The individual must seek to open himself or herself up to the truth being manifested through both … for this is what revelation is – the disclosure and manifestation of truth.
The spiritual capacity of the individual must be freed from all biases and sources of distortion in order to be open to the delineation of truth which shines through Nature and the Qur’an. Indeed:
“Those will prosper who purify (tazakka) themselves and glorify the Name of their Guardian Lord and lift their hearts in prayer.” (Qur’an, 87: 14-15)
The Qur’an and Nature/Creation are barazikh. Barazikh is the plural of barzakh which refers to any juncture that simultaneously separates and joins two things – in this case, Divinity and humanity.
Considered from another direction, manzil is an Arabic term which, literally speaking, refers to a place where one gets off. In the current context, a manzil is the place through which God descends, via the Qur’an, toward the individual such that the Divine communication, in a sense, gets off at the point of human engagement.
The letters, words, phrases, sentences, verses, and chapters of the Qur’an are all manzil. They are the portals or stations through which Divine communication descends to the individual.
In addition, the heart of the individual is also a manzil or place of descent for Divine revelation. Indeed,
“Wa huwa ma’akum aynama kuntum. (And He is with you wherever you are.” [57:4]
When the individual’s faculties of understanding are purified, then, according to the individual’s capacity and the Grace of God [who gives by degrees], what is grasped is an understanding of truth on a certain level and not an interpretation of that truth. In other words, such understanding is a truth limited by individual capacity, degree of purity, and God’s Grace. There is a resonance which is present between the individual’s purified faculties and the truth – a resonance which is not present in the usual sense of understanding concerning someone’s rational interpretation of something.
If the Qur’an does not descend upon the heart, then, it descends no further than the throat. To comply with the Sacred Law or Truth – which is the purpose and task of shari‘ah -- is to submit to the truth of things according to one’s purified capacity to understand such truth as this is communicated through the Word of God … whether this is in the form of the Qur’an or Nature/Creation.
As such, Sacred Law is not a matter of judicial rulings, pronouncements, and/or the compulsory imposition of such rulings and pronouncements on other human beings. Rather, Sacred Law is about the Truth, and Deen is the way prescribed for allowing human beings – each according to her or his capacity and the degree of God’s Grace -- to approach, engage, and come to understand the nature of such Sacred Law as it is manifested in any given set of circumstances.
Truth, of whatever kind and on whatever level, is the Sacred Law giving expression to the order, nature, and potential of Creation. In the Qur’an each article, verb, particle, word, or phrase constitutes individual portals of truth which manifest, if God wishes, tajalli -- flashes or expressions of truth – to the individual. This is why letters, phrases, and parts of sentences in the Qur’an communicate guidance not only in and of themselves but, as well, in the context of the verses and surahs in which they appear.
The Prophet Muhammad (peace be upon him) who is the paradigm of human perfection [uswa hasana], was described by his wife, ‘Ayesha [may Allah be pleased with her] as having a nature which was the Qur’an. To reflect [in understanding, action, and character] the Qur’an according to one’s spiritual capacity is to submit to the Sacred Law.
The realized fitra is that primordial spiritual capacity upon which the Qur’an has descended and through which God has made truth manifest according to the capacity of an individual’s fitra and God’s Grace. The realized fitra recites the Qur’an in the form of applying the communications from God to the circumstances of life and, in doing so, gives expression to the Sacred Law. This is the qirat, or mode of Quranic recitation, which is most pleasing to God.
“Most surely it is an honored Qur’an, in a book that is protected. None shall touch it save the purified ones. (Qur’an, 56:77-79)
The Qur’an gives expression to the truths which are capable, God willing, of assisting the sincere seeker to recover the internal order or sacred law governing spiritual identity, capacity, and purpose with which human beings have lost contact … and with which we no longer resonate. The Qur’an is intended as a means of guidance to assistance human beings to reclaim an understanding of our original status as God’s Creation and all that this entails.
The Qur’an applauds “those who are constant at their prayers” [Qur’an, 70:23], but these prayers are not just the five daily prayers. Rather, true prayer or remembrance is the constant state of immersion in God’s presence, and, more importantly, there needs to be a realization that the prayers do not belong to the individual but, rather, are acts of God which are being manifested through the individual as a locus of manifestation.
“Lo! Ritual worship preserves one from lewdness and iniquity, and verily, remembrance of Allah is more important. [Qur’an, 29:45]
Problems associated with any of the foregoing tend to arise from two sources. The first problem involves the condition of al-ghafla [forgetting, distraction, or inattention]. This condition or state refers to the inclination of human beings to lose focus with respect to our relationship with Divinity. For example, Surah 20, verse 115 of the Qur’an indicates that Adam “forgot” the pact which had been made with God – a forgetfulness which alludes and resonates with the Quranic ayat in which the spirits are asked: “Alastu bi Rabikkum – “Am I not your Lord?” And the spirits answered: “Yes, we testify” [Qarbala]. [Qur’an, 7:172]
The second source of problems which may arise in conjunction with the process of seeking to realize one’s essential and primordial spiritual nature is entailed by the idea of al-isti‘jal – that is, haste. As the Qur’an indicates:
“And man prays for evil as he ought to pray for good, and man is ever hasty.” [Qur’an, 17:11]
‘Ubuda is a spiritual station through which perfect expression is given to the Sacred Law according to the capacity of an individual’s God-given fitra. The true servant, or ‘abd of God, is one who experiences a knowing awareness that the character of truth which is being manifested through that station of servanthood or locus of manifestation belongs wholly to God and not to the individual.
He who knows himself knows his Lord – man ‘arafa nafsahu ‘arafa rabbahu. Such knowledge discloses the condition of ‘ubuda in which there is the realization that a‘yan thabita – the fixed form of one’s created nature -- is no more than a locus of manifestation for giving expression to Divine realities in accordance with the God-given capacities and limitations of such fixed forms.
Each of us has always been what we are in terms of the possibilities which are encompassed by our fitra or primordial spiritual capacity. However we have not always realized the nature of the truth concerning the modality of our potential for giving expression to such Sacred Law and all that this Sacred Law entails.
The Qur’an is a source of guidance which, if God wishes, assists an individual to struggle toward the full, active realization of the Sacred Law which is inherent in the essence of every human being. The Qur’an maps out the nature, principles, warnings, possibilities, understandings, wisdom, insights, limits, and adab of the shari‘ah, or spiritual journey, through which one struggles and strives for realization of the Sacred Law, and as such, the Qur’an – and, therefore, shari‘ah -- is an expression of the Sacred Law.
The Sacred Law gives expression to the Qur’an which, in turn, delineates the nature of the way through which human beings may, if God wishes, come to realize the nature of truth to varying degrees. This process of shari‘ah leads back, if God wishes, to a condition of spiritual realization concerning the manner in which the Sacred Law gives expression to all truths under appropriate circumstances – including:
“O people, you are the poor toward God, and God is the Independent, the Praiseworthy.” [Qur’an, 35:15] …
******************
The tradition of tafsir deals extensively with what is known in Arabic as asbab al-nuzul [the circumstances or occasions through which revelation emerged]. It is supposed by some that without reference to this context of revelation, then, most of the verses of the Qur’an would be susceptible to any and all forms of interpretation.
However, the occasion surrounding the emergence of a given instance of revelation only serves as the locus of manifestation for such instances of revelation. Therefore, one must distinguish between the locus of manifestation and that which is manifested through that locus.
However, to make revelation a function of the circumstances of revelation would be inappropriate. If one reduces the former [that is, what is manifested] to the latter [that is, the locus of manifestation], then, the locus of manifestation tends to become that which determines, restricts, shapes, and orients revelation. Approaching things in this manner seeks to assign a greater role to the lesser reality while relegating the greater Truth to becoming a servant of, and irrevocably limited by, a lesser realm of being.
Is there a relationship between the locus of manifestation [i.e., historical circumstances] and that which is manifested [i.e., revelation]? Yes, sometimes – but not necessarily always – there is a resonance between the two, and certainly, there are aspects of that locus of manifestation [i.e., the circumstances through which revelation is manifested] which are illuminated by the light of guidance which is being given expression through those circumstances. Nonetheless, the lights of guidance have their own reality, and once manifested, those lights communicate truths beyond that which is being illuminated with respect to any particular locus of manifestation or immediate set of historical circumstances.
Contrary to the worries of some individuals – worries which were alluded to earlier -- not just any understanding of revelation becomes appropriate if one leaves aside the particulars of the historical context through which a given instance of revelation arose. The task of the individual is not to interpret the Qur’an, but, rather, one should be struggling to open oneself to objectively receive what God is seeking to communicate to one through revelation.
If one permits God to teach or guide one through revelation – which is, after all, the whole point of revelation – then one understands the truth according to one’s capacity, and, as such, there is no interpretation. What occurs, if one proceeds in this fashion, is an understanding or insight which comes from the light of revelation and is limited only by one’s current spiritual condition, along with one’s ultimate spiritual capacity, and, most importantly, by the degree to which God chooses to disclose aspects of that truth to the individual.
One does not have to use the historical context through which revelation emerges to place limits on the possible meanings of the Qur’an. Divinity is the One Who infuses the Qur’an with its meanings and, therefore, limits of appropriateness or degrees of freedom.
Some of these degrees of freedom are imposed by Divinity in terms of the extent to which Grace is conferred on a person during an individual’s engagement of the Qur’an, and vice versa. Some of these limits of appropriateness or degrees of freedom are introduced through the spiritual condition and the spiritual capacity of the individual.
Consequently, when the Qur’an is sincerely engaged, one cannot place just any meaning one wishes onto the Qur’an, and this remains true irrespective of whether, or not, one understands the historical circumstances surrounding the occasion of revelation. Understanding is a function of the truth – whether written large or small – and there are dimensions of all revelation which extend beyond the historical occasion of revelation.
In fact, I think that expecting people to learn the entire history of the occasions surrounding revelation in order to be able to understand revelation is somewhat impractical. God is communicating the nature of Sacred Law to each human being through the Qur’an, and such nature has meanings that may be considered independently of the occasions of revelation.
Obviously, a person’s understanding might be deepened and complemented through knowledge of the historical circumstances which are transpiring at the time of revelation. However, the scope of any given instance of revelation is not restricted to the particulars which are occurring when such revelation issues forth.
Moreover, oftentimes, the closest that some commentators are able to “place” certain revelations is in terms of whether a given revelation took place during the Meccan period or during the Medinan period. I am not certain how such a general placing of the occasion of descent of revelation can necessarily inform one about “the” necessary meanings of the revelation … although some of the meanings of such revelation may address various aspects of such historical circumstances.
There were many, many things that were happening during the general period of time through which the Qur’an was made manifest … politically, legally, culturally, socially, individually, and among different communities. Consequently, why should one select just one small facet of such events and proclaim that those circumstances should have the predominant controlling authority with respect to meanings and truths in relation to the nature of Quranic guidance?
Even in those instances where a given revelation can be historically placed in a precise manner with respect to what was historically transpiring at the time during which a given instance of revelation descended on the Prophet Muhammad (peace be upon him), the meaning of such guidance cannot be circumscribed by those historical events. The created particular [that is, historical circumstance] cannot circumscribe or exhaust the significance of the uncreated universal [that is, Divine Guidance].
The Qur’an says: “What is with you comes to an end, but what is with God remains.” [16:96]
*********************
Many people want to treat the ayats of the Qur’an as an absolute list of injunctions which serve as rules for life that must be applied by everyone in the same way – which usually means ‘their’ way – with respect to the contingencies of life. In addition, all too many believe they have a God-given right to police the manner in which others go about pursuing shari‘ah.
There are, of course, certain themes in the Qur’an which are absolute and, as such, do not change. For example: There is only one God, and Muhammad is a messenger and Prophet of God; the Qur’an is a Book of truth; there is a purpose to life; all of life involves a struggle of choosing between good and evil; human beings will be held accountable for what they do and do not do; purifying oneself plays an integral role in an individual’s spiritual journey; acquiring, and acting in accordance with, character traits such as humility, equitability, patience, forbearance, forgiveness, generosity, integrity, honesty, gratitude, love, friendship, compassion, dependence on God, courage, sincerity, and steadfastness are essential tools for not only dealing with the difficulties of life but assisting one in one’s search for truth, justice, essential identity, and the realization of one’s unique spiritual capacity; faith is not only a condition which constitutes more than an exercise of blind belief but actually gives expression, if God wishes, to an array of modalities of understanding, insight, and wisdom concerning the nature of existence; empirical observation and reflecting or contemplating on what one observes is something which God encourages rather than discourages; one’s intention should always be to serve God in whatever one does; one should seek to oppress neither others nor oneself; daily prayers, the fast of Ramazan, the payment of zakat, and the observance of the rites of Hajj all have the capacity to assist one to make progress along the spiritual path.
All of the foregoing is entailed by the process of shari‘ah. Nevertheless, there is not just one way to engage such challenges – nor is there anything in the Qur’an which indicates that one must either reduce the possible ways of engaging shari‘ah to what has been decided by, say, the five major madhhabs (i.e., schools of jurisprudence) or that one must necessarily insist that shari ah should be construed in terms of a legal system, or that one is entitled to impose one’s understanding of shari‘ah onto other people … even if there may be a majority of people in a community who wish to oppress and compel others in such a manner.
The Qur’an is not a collective revelation but an individual event. This is true not only with respect to the life of the Prophet, but this is also true in the life of anyone who seeks to engage the Qur’an in a sincere manner … even though, from time to time in the Qur’an, individuals are being referred to collectively -- both generally [O humankind] or in particular circumstances [O Ye who believe].
It is individual fitra – that is, one’s primordial spiritual capacity -- which responds to Divine disclosure. We come to understand our duties of care with respect to all of Creation through our relationship with God. It is through our individual commitment to God that we are prepared to acknowledge the right which other aspects of Creation have over us, as well as the rights which we have over other facets of Creation.
Divine guidance is directed toward helping individuals to engage life as best they can and to apply such guidance to their individual lives as best they can. Forbidding the evil and encouraging the good are part of the discourse of community for, as the Qur’an indicates, one should “enjoin the good and forbid the evil, and bear patiently that which befalls you; surely these acts require courage.” [Qur’an, 31: 17]
However, these actions of forbidding evil and encouraging good carry no authorization which justifies a person seeking to enforce onto others one’s expectations concerning evil and the good with respect to how such people will conduct themselves in relation to matters of Deen. If this were not so, the Qur’an would not be indicating in the same context that forbidding evil and encouraging good must be pursued through patience and courage.
Forbidding the evil and encouraging the good must be done in accordance with an adab through which one uses kindness, respect, wisdom, and a beautiful form of communication that is alluded to in the Qur’an when speaking about such matters with others – namely, “Call to the way of your Lord with wisdom and goodly exhortation, and have disputations with them in the best manner.” [Qur’an, 16.125]
Moreover, when one comes to discover that such communications are not welcome, then, one should say peace and leave those individuals alone. As the Qur’an indicates:
“So turn away from them and say, Peace, for they shall soon come to know.” [Qur’an, 43:89]
“And the servants of the Beneficent God are they who walk on the earth in humbleness, and when the ignorant address them, they say: Peace.” [Qur’an, 25:63]
In asserting that Sacred Law and shari‘ah primarily involve an individual struggle and not a collective one – although it is an individual struggle which has implications for the collective -- I am seeking to encourage the good. In claiming that Sacred Law and shari‘ah should not be forcibly imposed on people I am seeking to forbid the evil.
“And (as for) those who follow the right direction, He increases them in guidance and gives them their guarding (against evil). [Qur’an, 47:17]
The words of Allah are the forms which issue forth from Kun and give rise to the manifest and the unmanifest. The hukm – that is, the governing principle of a given facet of reality – of such words is the authority of the truth of meaning which is being given expression through the names or linguistic forms of the Qur’an.
Authority for anything can only be given via the truth. One must grasp the truth to grab hold of the hukm or authority or governing principle of a given portion of text or word of the Qur’an.
Truth cannot come through human interpretation. Truth can only come through an understanding which is granted by Divine Generosity. As the Qur’an indicates:
“We raise by grades whom We will, and over every lord of knowledge, there is one more knowing.” [Qur’an, 12: 76]
“We shall show them Our signs upon the horizons and in themselves, until it is clear to them that God is the Real [Qur’an, 41:53]
“The Real has come, and the unreal has vanished away. Lo! Falsehood is ever bound to vanish.” [17:81]
When human beings seek to interpret the Qur’an, human conceptual constructs are being imposed upon Divine guidance. As long as human interference is present, then, the unreal will not vanish away.
To interpret the Qur’an is to interfere with the process through which God discloses the Divine signs upon the horizons and within us. It is the Real which banishes falsehood, not the interpretive efforts of human beings.
It is God Who raises by degrees and grades of knowledge. This process of being raised is not done through the process of interpretation but through the act of sincerely listening to that which God is communicating to humankind.
The hukm or the governing authority of a given truth or reality influences the heart through the qualities of that truth and not through the need for compulsion or force. This is why there is ‘no compulsion in Deen’ because there is no need for compulsion when the heart is attracted by truth, and when the heart is not so attracted, no amount of compulsion can bring such a heart to an understanding of the truth.
Linguistic forms of Arabic are not the bearers of meaning, but, rather, they are portals through which Divine meanings may enter one’s life. Linguistic forms constitute the structural character of the portal that gives expression to part of the Divine meaning which encompasses but extends beyond the portal through which one initially accesses that Ocean of Truth lying beneath the linguistic surface. In short, Quranic words are portals to a non-linguistic wisdom which, if God wishes, informs a person’s understanding of the linguistic form that serves as a covering for the portal.
“The Faithful Spirit has descended with it upon your heart that you may be of the warners … in plain Arabic language.” [Qur’an, 26:193-194]
The warnings inherent in the Qur’an are in plain Arabic language, but much more descends on the heart than just warnings. As the Qur’an informs us:
“O humankind! There has come to you a direction from your Lord, and a healing for the diseases in the hearts, and a guidance, and a mercy for the Believers.” [Qur’an, 10:57]
The Qur’an means ‘that which is recited’. The word: ‘Qur’an’ is an active verb.
The Word of God is recited by God to the heart of the receptive individual, and, as an active verb, that recitation gives expression, if God wishes, to a process of acting on the heart of the individual. The recitation of the Qur’an is a process of mediating between the receptive heart and the Author of such communications.
As an active verb, the Qur’an speaks to us now. The Qur’an is not a book of the past but, rather, it is a form of communication which is taking place in the present.
The Qur’an is perpetually new in its descent upon the receptive heart, but for those who are not properly receptive, then, their hearts are made to engage the Qur’an in a distorted manner that filters the Divine communications through the biases of unbelief and conceptual or ideological and theological idol-making – that is, through the filters of that which hides the truth which is shining forth. This is the nature of unbelief … to hide the truth, and this is what a reciter of the Qur’an does whose heart is not receptive with his or her whole being with respect to what is being communicated by God through the Qur’an.
In this respect, the Qur’an states: “What? Is the person whose heart Allah has opened to Islam, so that such an individual is in a light from his Lord, like the hard-hearted? Nay, woe to those whose hearts are hard against the remembrance of Allah, those are in clear error.” [Qur’an, 39:22]
God indicated that the heart of His believing servant does contain Him. This descent of the truth of God’s Word into the heart of the believing servant is at the heart of nuzul or descent, for God is truth, and that which resonates with the truth when it has descended and is present, does contain God to whatever extent that truth has been realized.
The Qur’an continually brings new, better understandings and knowledge to the heart of the sincere believer without annulling any of the truths which have been brought to the hearts of believers previously. Moreover, all such meanings, knowledge, and truth have been inscribed from the beginning within the infinite plenitude of the Word.
Each believing heart has a different structural capacity – or fitra -- for hearing the Qur’an’s Ocean of Truth. The Truth of God’s Word does not change – indeed, “The Words of God do not change [la tabdila fi kalimati Llah]” [Qur’an, 10:64]. Nonetheless, the unchanging truth is engaged by different capacities which leads to an array of understandings which give expression to various dimensions and facets of that unchanging Word – all of which are true to precisely the extent to which those understandings give expression to such truth.
The Qur’an says: “And do not make haste with the Qur’an before its revelation is made complete to you and say: O my Lord! increase me in knowledge.” [Qur’an, 20:114]
One is being counseled to not make haste or to not be in a hurry with the Qur’an. One must exercise patience, diligence, sincerity, and have taqwa, or piety, concerning the process of laying oneself bare to be able to be open to what is being communicated through the Qur’an. One must allow oneself to marinate in the juices of Divine communications before their meanings will be made complete to one – that is, before understanding will descend from God to the heart of the individual.
The true reciter of the Qur’an is Allah. Consequently, the individual must wait for God’s recitation to enter one’s heart in the form of understanding and knowledge.
One cannot force this issue through compulsion. Moreover, no power of reflection, in and of itself, is capable of grasping truth.
Truth must be bestowed through a Divine recitation to the heart. One recites to provide an opportunity for the Reciter – that is, God -- to communicate through the Divine recitation in a manner which will move and influence one’s heart.
The knowledge must come from God and not from interpretation. When we interpret God’s communications, we actually leave the truth and/or hide that truth in the meanderings of one’s own meanings.
The Qur’an says: “And who is more unjust than he who forges a lie against Allah or gives the lie to His communications; surely the unjust will not be successful? [Qur’an, 6:21]. To interpret the Qur’an is, in effect, to forge a lie with respect to the Word of God.
In a sense, there is something like a spiritual vibration which is set up between the recited word of God and the internal faculties of the individual. When an individual is receptive to being guided – that is, when the individual has taqwa or piety -- then, God willing, there is an entrainment process which occurs wherein the faculties of the individual are shaped and colored by the resonances of Divine guidance, and the resulting condition is a species of knowledge which comes from Allah. In this regard, the Qur’an states:
“O humankind. We have created you from a male and a female and made you tribes and peoples so that you may know each other; surely, the most honorable among you with Allah is the one who has taqwa.” [Qur’an, 49:13] –
that is, the one who is most careful with respect to one’s Deen or relationship with Divinity.
All tajalli – that is, all flashes, disclosures, or manifestations of truth -- arise from encounters with the Word of God. The two books of the Word of God – i.e., revelation -- are the Qur’an and Creation or Nature. The individual must seek to open himself or herself up to the truth being manifested through both … for this is what revelation is – the disclosure and manifestation of truth.
The spiritual capacity of the individual must be freed from all biases and sources of distortion in order to be open to the delineation of truth which shines through Nature and the Qur’an. Indeed:
“Those will prosper who purify (tazakka) themselves and glorify the Name of their Guardian Lord and lift their hearts in prayer.” (Qur’an, 87: 14-15)
The Qur’an and Nature/Creation are barazikh. Barazikh is the plural of barzakh which refers to any juncture that simultaneously separates and joins two things – in this case, Divinity and humanity.
Considered from another direction, manzil is an Arabic term which, literally speaking, refers to a place where one gets off. In the current context, a manzil is the place through which God descends, via the Qur’an, toward the individual such that the Divine communication, in a sense, gets off at the point of human engagement.
The letters, words, phrases, sentences, verses, and chapters of the Qur’an are all manzil. They are the portals or stations through which Divine communication descends to the individual.
In addition, the heart of the individual is also a manzil or place of descent for Divine revelation. Indeed,
“Wa huwa ma’akum aynama kuntum. (And He is with you wherever you are.” [57:4]
When the individual’s faculties of understanding are purified, then, according to the individual’s capacity and the Grace of God [who gives by degrees], what is grasped is an understanding of truth on a certain level and not an interpretation of that truth. In other words, such understanding is a truth limited by individual capacity, degree of purity, and God’s Grace. There is a resonance which is present between the individual’s purified faculties and the truth – a resonance which is not present in the usual sense of understanding concerning someone’s rational interpretation of something.
If the Qur’an does not descend upon the heart, then, it descends no further than the throat. To comply with the Sacred Law or Truth – which is the purpose and task of shari‘ah -- is to submit to the truth of things according to one’s purified capacity to understand such truth as this is communicated through the Word of God … whether this is in the form of the Qur’an or Nature/Creation.
As such, Sacred Law is not a matter of judicial rulings, pronouncements, and/or the compulsory imposition of such rulings and pronouncements on other human beings. Rather, Sacred Law is about the Truth, and Deen is the way prescribed for allowing human beings – each according to her or his capacity and the degree of God’s Grace -- to approach, engage, and come to understand the nature of such Sacred Law as it is manifested in any given set of circumstances.
Truth, of whatever kind and on whatever level, is the Sacred Law giving expression to the order, nature, and potential of Creation. In the Qur’an each article, verb, particle, word, or phrase constitutes individual portals of truth which manifest, if God wishes, tajalli -- flashes or expressions of truth – to the individual. This is why letters, phrases, and parts of sentences in the Qur’an communicate guidance not only in and of themselves but, as well, in the context of the verses and surahs in which they appear.
The Prophet Muhammad (peace be upon him) who is the paradigm of human perfection [uswa hasana], was described by his wife, ‘Ayesha [may Allah be pleased with her] as having a nature which was the Qur’an. To reflect [in understanding, action, and character] the Qur’an according to one’s spiritual capacity is to submit to the Sacred Law.
The realized fitra is that primordial spiritual capacity upon which the Qur’an has descended and through which God has made truth manifest according to the capacity of an individual’s fitra and God’s Grace. The realized fitra recites the Qur’an in the form of applying the communications from God to the circumstances of life and, in doing so, gives expression to the Sacred Law. This is the qirat, or mode of Quranic recitation, which is most pleasing to God.
“Most surely it is an honored Qur’an, in a book that is protected. None shall touch it save the purified ones. (Qur’an, 56:77-79)
The Qur’an gives expression to the truths which are capable, God willing, of assisting the sincere seeker to recover the internal order or sacred law governing spiritual identity, capacity, and purpose with which human beings have lost contact … and with which we no longer resonate. The Qur’an is intended as a means of guidance to assistance human beings to reclaim an understanding of our original status as God’s Creation and all that this entails.
The Qur’an applauds “those who are constant at their prayers” [Qur’an, 70:23], but these prayers are not just the five daily prayers. Rather, true prayer or remembrance is the constant state of immersion in God’s presence, and, more importantly, there needs to be a realization that the prayers do not belong to the individual but, rather, are acts of God which are being manifested through the individual as a locus of manifestation.
“Lo! Ritual worship preserves one from lewdness and iniquity, and verily, remembrance of Allah is more important. [Qur’an, 29:45]
Problems associated with any of the foregoing tend to arise from two sources. The first problem involves the condition of al-ghafla [forgetting, distraction, or inattention]. This condition or state refers to the inclination of human beings to lose focus with respect to our relationship with Divinity. For example, Surah 20, verse 115 of the Qur’an indicates that Adam “forgot” the pact which had been made with God – a forgetfulness which alludes and resonates with the Quranic ayat in which the spirits are asked: “Alastu bi Rabikkum – “Am I not your Lord?” And the spirits answered: “Yes, we testify” [Qarbala]. [Qur’an, 7:172]
The second source of problems which may arise in conjunction with the process of seeking to realize one’s essential and primordial spiritual nature is entailed by the idea of al-isti‘jal – that is, haste. As the Qur’an indicates:
“And man prays for evil as he ought to pray for good, and man is ever hasty.” [Qur’an, 17:11]
‘Ubuda is a spiritual station through which perfect expression is given to the Sacred Law according to the capacity of an individual’s God-given fitra. The true servant, or ‘abd of God, is one who experiences a knowing awareness that the character of truth which is being manifested through that station of servanthood or locus of manifestation belongs wholly to God and not to the individual.
He who knows himself knows his Lord – man ‘arafa nafsahu ‘arafa rabbahu. Such knowledge discloses the condition of ‘ubuda in which there is the realization that a‘yan thabita – the fixed form of one’s created nature -- is no more than a locus of manifestation for giving expression to Divine realities in accordance with the God-given capacities and limitations of such fixed forms.
Each of us has always been what we are in terms of the possibilities which are encompassed by our fitra or primordial spiritual capacity. However we have not always realized the nature of the truth concerning the modality of our potential for giving expression to such Sacred Law and all that this Sacred Law entails.
The Qur’an is a source of guidance which, if God wishes, assists an individual to struggle toward the full, active realization of the Sacred Law which is inherent in the essence of every human being. The Qur’an maps out the nature, principles, warnings, possibilities, understandings, wisdom, insights, limits, and adab of the shari‘ah, or spiritual journey, through which one struggles and strives for realization of the Sacred Law, and as such, the Qur’an – and, therefore, shari‘ah -- is an expression of the Sacred Law.
The Sacred Law gives expression to the Qur’an which, in turn, delineates the nature of the way through which human beings may, if God wishes, come to realize the nature of truth to varying degrees. This process of shari‘ah leads back, if God wishes, to a condition of spiritual realization concerning the manner in which the Sacred Law gives expression to all truths under appropriate circumstances – including:
“O people, you are the poor toward God, and God is the Independent, the Praiseworthy.” [Qur’an, 35:15] …
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The tradition of tafsir deals extensively with what is known in Arabic as asbab al-nuzul [the circumstances or occasions through which revelation emerged]. It is supposed by some that without reference to this context of revelation, then, most of the verses of the Qur’an would be susceptible to any and all forms of interpretation.
However, the occasion surrounding the emergence of a given instance of revelation only serves as the locus of manifestation for such instances of revelation. Therefore, one must distinguish between the locus of manifestation and that which is manifested through that locus.
However, to make revelation a function of the circumstances of revelation would be inappropriate. If one reduces the former [that is, what is manifested] to the latter [that is, the locus of manifestation], then, the locus of manifestation tends to become that which determines, restricts, shapes, and orients revelation. Approaching things in this manner seeks to assign a greater role to the lesser reality while relegating the greater Truth to becoming a servant of, and irrevocably limited by, a lesser realm of being.
Is there a relationship between the locus of manifestation [i.e., historical circumstances] and that which is manifested [i.e., revelation]? Yes, sometimes – but not necessarily always – there is a resonance between the two, and certainly, there are aspects of that locus of manifestation [i.e., the circumstances through which revelation is manifested] which are illuminated by the light of guidance which is being given expression through those circumstances. Nonetheless, the lights of guidance have their own reality, and once manifested, those lights communicate truths beyond that which is being illuminated with respect to any particular locus of manifestation or immediate set of historical circumstances.
Contrary to the worries of some individuals – worries which were alluded to earlier -- not just any understanding of revelation becomes appropriate if one leaves aside the particulars of the historical context through which a given instance of revelation arose. The task of the individual is not to interpret the Qur’an, but, rather, one should be struggling to open oneself to objectively receive what God is seeking to communicate to one through revelation.
If one permits God to teach or guide one through revelation – which is, after all, the whole point of revelation – then one understands the truth according to one’s capacity, and, as such, there is no interpretation. What occurs, if one proceeds in this fashion, is an understanding or insight which comes from the light of revelation and is limited only by one’s current spiritual condition, along with one’s ultimate spiritual capacity, and, most importantly, by the degree to which God chooses to disclose aspects of that truth to the individual.
One does not have to use the historical context through which revelation emerges to place limits on the possible meanings of the Qur’an. Divinity is the One Who infuses the Qur’an with its meanings and, therefore, limits of appropriateness or degrees of freedom.
Some of these degrees of freedom are imposed by Divinity in terms of the extent to which Grace is conferred on a person during an individual’s engagement of the Qur’an, and vice versa. Some of these limits of appropriateness or degrees of freedom are introduced through the spiritual condition and the spiritual capacity of the individual.
Consequently, when the Qur’an is sincerely engaged, one cannot place just any meaning one wishes onto the Qur’an, and this remains true irrespective of whether, or not, one understands the historical circumstances surrounding the occasion of revelation. Understanding is a function of the truth – whether written large or small – and there are dimensions of all revelation which extend beyond the historical occasion of revelation.
In fact, I think that expecting people to learn the entire history of the occasions surrounding revelation in order to be able to understand revelation is somewhat impractical. God is communicating the nature of Sacred Law to each human being through the Qur’an, and such nature has meanings that may be considered independently of the occasions of revelation.
Obviously, a person’s understanding might be deepened and complemented through knowledge of the historical circumstances which are transpiring at the time of revelation. However, the scope of any given instance of revelation is not restricted to the particulars which are occurring when such revelation issues forth.
Moreover, oftentimes, the closest that some commentators are able to “place” certain revelations is in terms of whether a given revelation took place during the Meccan period or during the Medinan period. I am not certain how such a general placing of the occasion of descent of revelation can necessarily inform one about “the” necessary meanings of the revelation … although some of the meanings of such revelation may address various aspects of such historical circumstances.
There were many, many things that were happening during the general period of time through which the Qur’an was made manifest … politically, legally, culturally, socially, individually, and among different communities. Consequently, why should one select just one small facet of such events and proclaim that those circumstances should have the predominant controlling authority with respect to meanings and truths in relation to the nature of Quranic guidance?
Even in those instances where a given revelation can be historically placed in a precise manner with respect to what was historically transpiring at the time during which a given instance of revelation descended on the Prophet Muhammad (peace be upon him), the meaning of such guidance cannot be circumscribed by those historical events. The created particular [that is, historical circumstance] cannot circumscribe or exhaust the significance of the uncreated universal [that is, Divine Guidance].
The Qur’an says: “What is with you comes to an end, but what is with God remains.” [16:96]
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Shari'ah: A Muslim's Declaration of Independence - Part 8
Various religious scholars, theologians, and mullahs want shari‘ah to cover commercial/economic, penal, real estate, contract, tort, inheritance, family, tax, government, and international law. However, none of these considerations – however important they may be under certain circumstances -- is the purpose of shari‘ah.
Naturally, to the extent that individuals realize the purpose of shari‘ah, then, the water drunk at the end of the road that is followed during the process of observing shari‘ah – both as a spiritual means and as a goal -- will have ramifications for all of the foregoing legal considerations. This is true with respect to the modes of equitability, as well as the quality of the character traits, through which people engage one another in their respective dealings. This also is true with respect to the manner in which a person who has responsibility for helping to arbitrate and mediate conflicts within a community is able to bring spiritual wisdom or insight to bear to assist people to come to harmonious solutions to such conflicts.
Nonetheless, shari‘ah is only for the individual. It is the individual’s path to truth, to reality, to the realization of fitra and essential identity, and, as such, shari‘ah is not a group path or legal journey … although, as indicated above, the realization of truth which, God willing, takes place, during the journey of shari‘ah does have ramifications for both group/social/community and juridical issues … but not in the sense which is usually believed to be the case.
Shari ‘ah cannot be forcibly imposed on anyone, nor can compulsory measures be used to impose such matters on others. Shari‘ah cannot be legislated, and when counsel is sought with respect to shari‘ah, one is not obligated to follow that counsel unless one’s heart resonates with what is being said or unless one’s heart resonates with the one who is offering the counsel, and, therefore, one has faith in the counsel being offered and provided that the counsel being offered does not induce one to impose that counsel on others or oppress others through such counsel.
Shari‘ah cannot be used as basis for institutional government of any kind. On the other hand, the fruits of pursuing and applying shari‘ah can benefit the manner through which public space is regulated.
The Prophet and the subsequent caliphs ruled in accordance with the truth to which shari‘ah opened them up. Nonetheless, their manner of regulating public space was not shari‘ah, per se.
During those early times, people who were not Muslim were not compelled to become Muslim or to act in accordance with Muslim spiritual traditions. Moreover, this absence of compulsion with respect to non-Muslims is the clearest indication possible that shari‘ah was neither compulsory, nor was it being imposed on communities, nor was it an integral part of the regulation of public space.
Rather, a public space or commons was being established through which people would have freedom of choice, as well as freedom from oppression, together with the promise of justice so that the opportunity to pursue shari‘ah in a peaceful manner would be available to everyone. Whatever laws were constructed with respect to commercial, penal, real estate, contract, tort, inheritance, family, and international issues were intended to serve no other purpose than to help establish a public space that was relatively peaceful, harmonious, and free from oppression of any kind and through which people would each, individually, have the opportunity to pursue [or not pursue] shari‘ah according to her or his individual choices.
Consequently, none of the foregoing sorts of laws concerning the regulation of public space carry any binding authority except to the extent that these arrangements give such substantial, demonstrable expression to principles of truth and justice that the people in the community are witnesses to the obvious benefit of those laws with respect to the manner in which they serve the public interest. Moreover, the public interest is served when an environment is created that is relatively free from oppression and injustice, as well as which gives people an array of degrees of freedom through which the members of that community may become committed to a rigorous seeking of truth and justice in all matters.
In the Qur’an, one finds the following guidance:
“No soul shall have imposed on it a duty but to the extent of its capacity.” [Qur’an, 2:233]
And again:
“We do not impose on any soul a duty except to the extent of its ability.” [Qur’an, 6:152]
And, again:
“And we do not lay on any soul a burden except to the extent of its ability. [Qur’an, 23:62]
And again:
“We do not impose on any soul a duty except to the extent of its ability.” [Qur’an, 7:42]
And, finally:
“Allah does not impose upon any soul a duty but to the extent of its ability; for it is (the benefit of) what it has earned and upon it (the evil of) what it has wrought: Our Lord! do not punish us if we forget or make a mistake; Our Lord! do not lay on us a burden as Thou did lay on those before us; Our Lord do not impose upon us that which we have not the strength to bear; and pardon us and grant us protection and have mercy on us; Thou art our Patron, so help us against the unbelieving people. [Qur’an, 2:286]
On five different occasions, the Qur’an confirms that Allah does not impose any burdens, duties, or obligations on an individual which are beyond the ability or capacity of a person. God knows what the capacity or ability of any given individual is, and Divinity does not exceed the limits inherent in those capacities.
As we, God willing, acquire more knowledge and come to gain a deeper understanding concerning our relationship with Allah, then, the nature of our spiritual status changes. As a result, there is more for which we can be held accountable as a function of such growth in understanding and knowledge, but this is a Divine accountability and not a human accountability as far as matters of Deen are concerned.
When human beings seek to impose shari‘ah – however construed – on others, such individuals are arrogating to themselves the status of Lordship. They are not only seeking to usurp God’s relationship with the individual, but they also are claiming – without any evidence -- that they know what the spiritual capacity of a given individual is.
In the process, limits are being transgressed. Allah sees the spiritual condition of human beings and knows what the limits of their capacities are, but theologians, jurists, imams, rulers, or legislators do not enjoy such a privileged position, and, therefore, they lack the knowledge and insight which would permit them to possess the wisdom to know what an individual’s God-determined limits are and act accordingly.
The Prophet was said to have spoken with people according to the level of understanding of the latter. Unfortunately, for the most part, the theologians and religious scholars of today tend to speak with people according to the level of understanding of the one who is doing the speaking – that is, the theologian or religious scholar – and, as such, lack all insight into the capacities, abilities, and levels of understanding of those being addressed.
The Prophet Muhammad is reported to have said: “What I have commanded you to do, perform it to the extent that you are able and refrain from what I have forbidden you to do.” [Bukhari, i‘tisam, 6; Muslim, fada’il, 130]
Here, again, there is an indication that shari‘ah is not a function of compulsion, nor is shari‘ah a matter of one size fitting all. The Prophet is alluding to the existence of differences in abilities and circumstances of various individuals, and those who are being addressed are being encouraged to comply with what has been said in accordance with what they are able to do rather than in accordance with what someone else – say a theologian, religious scholar, or the like -- expects such people to do.
“Each one does according to his rule of conduct, and thy Lord is best aware of the one whose way is right.” [Qur’an, 17: 84]
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There is a Hadith Qudsi which says:
“I am according to the impression that My worshipper has of Me [that is, God] so let the impression of Me be Good.” [Bukhari, tawhid, 15]
Theologians, imams, muftis, and jurists often rule in accordance with their own opinions about God. As a result, they tend to be inclined to impose on others that which is in accordance with their impression of God.
Apparently, the impression which all too many Muslim theologians, jurists, muftis, and religious scholars seem to have of God is that Allah is: petty, small-minded, vindictive, unforgiving, intolerant, cruel, punitive, arbitrary, mean-spirited, lacking in wisdom, oppressive, and in desperate need of obedience. Such a poor impression seems to be the case because these sorts of qualities often are reflected in their fatwas, pronouncements, rulings, and writings concerning the illicit attempts of these sorts of individuals to impose shari‘ah on others, and one presumes that they are acting in accordance with what their impression of God indicates is expected of them by God.
The word ‘qadi’ often is translated as ‘judge’. However, such a translation really doesn’t properly reflect the actual role that a qadi should have.
A qadi – in its original sense and usage -- refers to one who helps settle or decide an affair (‘qada’). Nevertheless, this process of settling an affair is not a matter of imposing a judgment on the various parties to the affair under consideration.
A qadi is not trying to impose a perspective which is external to either the particulars of the situation being explored or the individuals who are seeking a just resolution to that situation. Rather, the task of, and challenge facing, a qadi is one of trying to assist individuals to navigate among an array of spiritual possibilities and work their collective way toward a destination which will be a harmonious solution for everyone involved – without necessarily knowing, in any predetermined manner, what the nature of such a destination will be or what that destination might look like at the beginning of the journey.
As such, a qadi is more of a resource person, facilitator, and a communicator than she or he is a judge of matters. The parties to a given conflict are helped by a qadi to explore the nature of that conflict in terms of its history, perceptions concerning that history, the nature of community and/or family, different needs of the parties to the conflict or affair, various character traits, the abilities of the individuals involved, and ideas concerning the nature of justice.
A qadi encourages the participants to address and discuss issues in such a way that the participants are the ones who learn how to struggle their way toward arriving at an understanding concerning how their affair or situation might best be resolved. The qadi guides this exploratory discussion in accordance with a principle voiced by the Prophet Muhammad (peace be upon him) – namely, “la darar wa la dirar”, which in today’s parlance might be translated as ‘do no harm’.
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In the Qur’an one finds the following ayat:
“And it does not beseem the believers that they should go forth all together; why should not then a company from every party from among them go forth they may apply themselves to obtain understanding of deen, and that they may warn their people when they come back to them that they may be cautious. [Qur’an 9:122]
Fiqh is related to the word: tafaqquh which means understanding and, in the context of the foregoing Quranic ayat, the understanding which is being sought concerns the nature of Deen.
Furthermore, such understanding is not something which is to be imposed on people. Rather, the previous Quranic ayat says that those who seek such understanding are to use the knowledge which is obtained in order to “warn their people” so that those people “may be cautious” concerning matters of Deen.
In addition, the Qur’an indicates:
“We have revealed [anzallna] to you al-zikr [The Qur’an] so that you may explain to people what has been brought down [nuzila] to them; and that they may reflect.” [Qur’an, 16:44]
Sharia‘ah is not necessarily a matter of telling people what to do – although this may be so in some instances. Instead, the Qur’an indicates that people are having things explained to them concerning the nature of revelation or remembrance, and, then, those individuals are being asked to reflect on that which is being explicated so that they may take what is being said and have it inform their own shari‘ah or journey/struggle toward the truth.
The process of understanding Deen – tafaqquh fil-din – requires one to struggle toward becoming open or receptive to the hukm of Deen – that is, its governing principle, reality, or truth – in any given set of circumstances. Hakim is one of the Divine Names and refers to the One Who determines the property of a given aspect of reality, and, therefore, the individual is seeking to become open to the nature of the truth or reality which Allah, through the agency of being Hakim, establishes as the governing authority or principle or reality of something in a given set of circumstances.
In this context, one often hears the term Usul al-fiqh. Fiqh, as already indicated, refers to the process of struggling to reach an understanding concerning the nature of the hukm or governing reality of Deen within various circumstances, and the term usul refers to the sources or principles one needs to understand in order to be in a position to be able to counsel or warn others with respect to the nature of Deen.
The principles and sources which are to be understood are all contained in the Qur’an. After all, God has “neglected nothing in the Book.” [Qur’an, 6:38]
Fiqh is the process of engaging the Qur’an for purposes of struggling toward the truth with respect to revelation or guidance. Fiqh is a search for right understanding, right belief, right character, right action, and right balance in the pursuit of doing justice to the truth or hukm of individual lived circumstances.
Each novel situation presents the practitioner of fiqh with possibilities and choices in relation to selecting that which may be right, good, just, and/or appropriate behavior to pursue with respect to that which, God willing, might be of most spiritual benefit to an individual or individuals in a given context. Fiqh is the process of seeking to come to an appropriate understanding of the hukm – or reality and governing principle or authority -- for a given set of circumstances, and, then, using that understanding to establish what are appropriate ways for proceeding through or conducting oneself in such circumstances.
A qadi seeks to induce the parties to a conflict to engage in the process of fiqh concerning the affair or conflict or issue which brought the various parties. Collectively, those individuals seek to struggle, with the assistance of the qadi, toward arriving at an understanding of the hukm – that is, the governing principle or reality – which has authority in the matter at hand.
For many, there is a sense in which life takes on the appearance of a judicial proceeding. For example, Muslims believe there is to be a Day of Judgment. We are further informed that what we do, and do not do, will be used as evidence -- both in support of, as well as being counted against, us -- and that our hands, feet, and other bodily members will give testimony concerning various matters on the Day of Judgment. Muslims also believe that punishments and rewards are associated with the manner in which evidence and judgment intersect with one another. Muslims further believe that a record of everything one does in life is being maintained and that each of us will carry such a record in either our right hand in front of us or our left hand behind us on the Day of Judgment.
Given considerations like the foregoing, when shari‘ah and Sacred Law are mentioned together, many people are inclined to jump to the conclusion that Sacred Law and shari‘ah must be matters which give expression to legal injunctions. Nevertheless, one can stipulate to the truth of ideas involving: the Day of Judgment, evidence, testimony, a real-time record, punishment, or reward, and, yet, still maintain that the Sacred Law and shari‘ah are not, ultimately, about judicial proceedings but, rather, are about truth, knowledge, understanding, spiritual realization, essential identity, and the process of purification which is necessary to, God willing, put a person in the position of being receptive to whatever God may wish to disclose to that individual concerning the nature of Sacred Law and the process of shari‘ah.
Life consists of a series of opportunities through which to purify ourselves. For example, the Qur’an says:
That person prospers who purifies oneself, invokes the name of one’s Lord, and prays.”
[Qur’an, 87: 14].
And, again:
But those will prosper who purify (tazakka) themselves and glorify the Name of their Guardian Lord and lift their hearts in prayer. [Qur’an, 87: 14-15]
And, again:
“Those who spend their wealth for increase in self-purification and Have in their minds no favor from anyone for which a reward is expected in return, but only the desire to seek for the Countenance of their Lord Most High.” [Qur’an, 92:18-20].
This last ayat in particular indicates that the purpose of purification is linked only to a “desire to seek for the Countenace of their Lord Most high” – without any thought of reward. This theme is echoed in another verse of the Qur’an:
“Say: Surely, my prayer and my service of sacrifice, my life and death are all for Allah, the Lord of the worlds. [Qur’an, 6:162]
Or consider the following verses from Surah Shams [The Sun]:
In the Name of Allah, the Beneficent, the Merciful.
I swear by the sun and its brilliance,
And the moon when it follows the sun,
And the day when it shows it,
And the night when it draws a veil over it,
And the heaven and Him Who made it,
And the earth and Him Who extended it,
And the soul and Him Who made it perfect,
Then He inspired it to understand what is right and wrong for it;
He will indeed be successful who purifies it,
And he will indeed fail who corrupts it. [Qur’an, 91:1-10]
According to my shaykh, the rhetorical style of the Qur’an is such that whenever God wishes to draw attention to the importance of some given point, theme, or issue, oaths are used to introduce such a point, theme, or issue. The more oaths there are which occur prior the matter in question, the more important is the issue to which our attention is being directed.
Nowhere else in the Qur’an does one find as many oaths piled upon oaths as one does with respect to the opening verses of Surah Shams. To what is our attention being drawn and what is so important? – the process of purification.
What does purification lead to if God wishes? Purification leads to taqwa.
And, why is taqwa important? Because the one who is in a condition of taqwa is the one who, God willing, shall be taught knowledge and discernment by God.
“Be Godfearing [have taqwa], and God will teach you [Qur’an, 2:282]
In other words, be careful with respect to one’s relationship with Allah. Understand that such a relationship is rooted in the hallowed, sacred ground of Being and that one must seek to gain insight into that ground, and if one exercises due diligence in these respects, then, God willing, one will be taught knowledge by God.
“If you are godfearing (have taqwa), He will give you discernment [furqanan].” [Qur’an, 8:29]
The process of developing an appropriate awareness and respect for the sacredness of Divine presence is a work or ‘amal . This struggle is a form of remembrance or zikr.
With respect to what is one to be given discernment or about what is one to be taught? One is to be taught about, and given discrimination concerning, the nature of Sacred Law and the process of shari‘ah.
One of the prayers of the Qur’an is”
“O my Lord, increase me in knowledge.” [Qur’an, 20: 114]
One is seeking knowledge of the truth concerning the nature of the Sacred Laws governing the Created Universe and one’s place in it. One is seeking knowledge about the nature of shari‘ah and how that process both leads to, as well as is an expression of, the Sacred Law. One is striving toward an understanding of the hukm which governs, and has authority over, this or that aspect of being – including one’s own essential identity and spiritual capacity.
The five pillars and zikr [both in their role as basic, fundamental expressions of shari‘ah that are intended to be accessible to all, as well as in conjunction with their role as supererogatory extensions of those basic fundamentals] are ways, God willing, of striving toward taqwa. The five pillars and zikr are processes of purification which, God willing, helps rid one of everything which can serve as a source of distraction, distortion, bias, and corruption concerning our achieving a state of receptivity – that is, taqwa – with respect to the real teachings of spirituality involving the Sacred Laws of the Created Universe.
The five pillars are not the end of matters, but are, rather, the beginning of a process that is intended to lead one to the place of drinking the water or knowledge which, God willing, renders one receptive to the hukm of God’s Word or revelation. Nonetheless, there are many gradations of knowledge and understanding concerning such matters.
The five pillars and zikr which are practiced by a Muslim are engaged through a different understanding than are the five pillars and zikr which are observed by a Momin or Mohsin. The five pillars and zikr of the one who is a condition of taqwa is different from those who are not in such a spiritual condition. The five pillars and zikr of an ‘abd of Allah is different from the five pillars and zikr of someone who is not an ‘abd of Allah.
“Whoever submits one’s whole self to Allah and is a doer of good has indeed grasped the most trustworthy handhold.” [Qur’an, 31:22]
And, as well:
“O Humankind! Surely you are toiling towards the Lord, painfully toiling, but you shall meet Him … you shall surely travel from stage to stage.” [Qur’an, 84: 6, 9]
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Today, and for many centuries now, all too many Muslim religious scholars, theologians, imams, mullahs, and so on have sought to make the process of coming to a proper understanding of the nature of Sacred Law and shari‘ah an unnecessarily complex, convoluted, and a most difficult and contentious journey. According to such individuals, one must become familiar with some 1400 years worth of various people’s religious fatwas and theological meanderings, and/or one must become an apprentice with respect to some given madhhab or school of jurisprudence, and/or one must undertake to learn so many thousands of hadiths, and so on, before one can be said to be in a position to properly understand the nature of Sacred Law and shari‘ah.
However, the Qur’an says:
Allah does not desire to put on you any difficulty, but He wishes to purify you and that He may complete His favor on you, so that you may be grateful [Qur’an 5:6] -- ma yaridu Allahu li-ajala alaykum min haraj.
Shari‘ah is not a matter of intellectualized, rationalistic, or politicized engagements of the Qur’an. Shari‘ah is a process of purification entailing activities such as prayer, fasting, charitableness, pilgrimage, remembrance, service, worship, and the acquisition of character traits such as: gratitude, repentance, tolerance, perseverance, integrity, honesty, humility, nobility, forgiveness, patience, compassion, love, generosity, kindness, and so on – all of which will assist one to pursue shari’ah’s journey toward taqwa and, in turn -- if God wishes –to real, essential knowledge concerning both the nature of shari‘ah and the Sacred Law governing Created existence.
One pursues these activities as best one’s circumstances permit and according to one’s capacity to do so. To demand that more than this be done or to demand that people pursue this in accordance with someone’s theological interpretation of matters is to impose an oppressive difficulty on people, and, yet, this is precisely what all too many Muslim theologians, mullahs, and religious scholars would do when they claim that people must be made to act in accordance with those people’s arbitrary ideas concerning the nature of shari‘ah and the Sacred Law.
“And God wishes for you that which is easy, not what is difficult.” [Qur’an, 2:185]
That which is easy is not necessarily that which is without struggle. Rather, that which is easy is that which falls within one’s capacity to accomplish if one makes efforts in this regard and if God supports such efforts.
Through the process of purification, God is seeking to assist us to simplify our lives. In other words, God is wishing for us to have ease – at least as much as this is possible in this life – rather than difficulty.
When everything we do is distorted, filtered, framed, and corrupted by our biases, delusions, and false understandings, life becomes very difficult – much more difficult than it has to be. However, through the process of purification – that is, through the journey of shari‘ah -- one begins, God willing, to not only shed all the unnecessary conceptual and emotional baggage which we impose upon ourselves through our biases and false understanding concerning the nature of reality and ourselves, but, as well, one is brought to a station of taqwa where one is taught the kind of knowledge and discrimination by God which helps ease us through the ups and downs of lived existence.
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Naturally, to the extent that individuals realize the purpose of shari‘ah, then, the water drunk at the end of the road that is followed during the process of observing shari‘ah – both as a spiritual means and as a goal -- will have ramifications for all of the foregoing legal considerations. This is true with respect to the modes of equitability, as well as the quality of the character traits, through which people engage one another in their respective dealings. This also is true with respect to the manner in which a person who has responsibility for helping to arbitrate and mediate conflicts within a community is able to bring spiritual wisdom or insight to bear to assist people to come to harmonious solutions to such conflicts.
Nonetheless, shari‘ah is only for the individual. It is the individual’s path to truth, to reality, to the realization of fitra and essential identity, and, as such, shari‘ah is not a group path or legal journey … although, as indicated above, the realization of truth which, God willing, takes place, during the journey of shari‘ah does have ramifications for both group/social/community and juridical issues … but not in the sense which is usually believed to be the case.
Shari ‘ah cannot be forcibly imposed on anyone, nor can compulsory measures be used to impose such matters on others. Shari‘ah cannot be legislated, and when counsel is sought with respect to shari‘ah, one is not obligated to follow that counsel unless one’s heart resonates with what is being said or unless one’s heart resonates with the one who is offering the counsel, and, therefore, one has faith in the counsel being offered and provided that the counsel being offered does not induce one to impose that counsel on others or oppress others through such counsel.
Shari‘ah cannot be used as basis for institutional government of any kind. On the other hand, the fruits of pursuing and applying shari‘ah can benefit the manner through which public space is regulated.
The Prophet and the subsequent caliphs ruled in accordance with the truth to which shari‘ah opened them up. Nonetheless, their manner of regulating public space was not shari‘ah, per se.
During those early times, people who were not Muslim were not compelled to become Muslim or to act in accordance with Muslim spiritual traditions. Moreover, this absence of compulsion with respect to non-Muslims is the clearest indication possible that shari‘ah was neither compulsory, nor was it being imposed on communities, nor was it an integral part of the regulation of public space.
Rather, a public space or commons was being established through which people would have freedom of choice, as well as freedom from oppression, together with the promise of justice so that the opportunity to pursue shari‘ah in a peaceful manner would be available to everyone. Whatever laws were constructed with respect to commercial, penal, real estate, contract, tort, inheritance, family, and international issues were intended to serve no other purpose than to help establish a public space that was relatively peaceful, harmonious, and free from oppression of any kind and through which people would each, individually, have the opportunity to pursue [or not pursue] shari‘ah according to her or his individual choices.
Consequently, none of the foregoing sorts of laws concerning the regulation of public space carry any binding authority except to the extent that these arrangements give such substantial, demonstrable expression to principles of truth and justice that the people in the community are witnesses to the obvious benefit of those laws with respect to the manner in which they serve the public interest. Moreover, the public interest is served when an environment is created that is relatively free from oppression and injustice, as well as which gives people an array of degrees of freedom through which the members of that community may become committed to a rigorous seeking of truth and justice in all matters.
In the Qur’an, one finds the following guidance:
“No soul shall have imposed on it a duty but to the extent of its capacity.” [Qur’an, 2:233]
And again:
“We do not impose on any soul a duty except to the extent of its ability.” [Qur’an, 6:152]
And, again:
“And we do not lay on any soul a burden except to the extent of its ability. [Qur’an, 23:62]
And again:
“We do not impose on any soul a duty except to the extent of its ability.” [Qur’an, 7:42]
And, finally:
“Allah does not impose upon any soul a duty but to the extent of its ability; for it is (the benefit of) what it has earned and upon it (the evil of) what it has wrought: Our Lord! do not punish us if we forget or make a mistake; Our Lord! do not lay on us a burden as Thou did lay on those before us; Our Lord do not impose upon us that which we have not the strength to bear; and pardon us and grant us protection and have mercy on us; Thou art our Patron, so help us against the unbelieving people. [Qur’an, 2:286]
On five different occasions, the Qur’an confirms that Allah does not impose any burdens, duties, or obligations on an individual which are beyond the ability or capacity of a person. God knows what the capacity or ability of any given individual is, and Divinity does not exceed the limits inherent in those capacities.
As we, God willing, acquire more knowledge and come to gain a deeper understanding concerning our relationship with Allah, then, the nature of our spiritual status changes. As a result, there is more for which we can be held accountable as a function of such growth in understanding and knowledge, but this is a Divine accountability and not a human accountability as far as matters of Deen are concerned.
When human beings seek to impose shari‘ah – however construed – on others, such individuals are arrogating to themselves the status of Lordship. They are not only seeking to usurp God’s relationship with the individual, but they also are claiming – without any evidence -- that they know what the spiritual capacity of a given individual is.
In the process, limits are being transgressed. Allah sees the spiritual condition of human beings and knows what the limits of their capacities are, but theologians, jurists, imams, rulers, or legislators do not enjoy such a privileged position, and, therefore, they lack the knowledge and insight which would permit them to possess the wisdom to know what an individual’s God-determined limits are and act accordingly.
The Prophet was said to have spoken with people according to the level of understanding of the latter. Unfortunately, for the most part, the theologians and religious scholars of today tend to speak with people according to the level of understanding of the one who is doing the speaking – that is, the theologian or religious scholar – and, as such, lack all insight into the capacities, abilities, and levels of understanding of those being addressed.
The Prophet Muhammad is reported to have said: “What I have commanded you to do, perform it to the extent that you are able and refrain from what I have forbidden you to do.” [Bukhari, i‘tisam, 6; Muslim, fada’il, 130]
Here, again, there is an indication that shari‘ah is not a function of compulsion, nor is shari‘ah a matter of one size fitting all. The Prophet is alluding to the existence of differences in abilities and circumstances of various individuals, and those who are being addressed are being encouraged to comply with what has been said in accordance with what they are able to do rather than in accordance with what someone else – say a theologian, religious scholar, or the like -- expects such people to do.
“Each one does according to his rule of conduct, and thy Lord is best aware of the one whose way is right.” [Qur’an, 17: 84]
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There is a Hadith Qudsi which says:
“I am according to the impression that My worshipper has of Me [that is, God] so let the impression of Me be Good.” [Bukhari, tawhid, 15]
Theologians, imams, muftis, and jurists often rule in accordance with their own opinions about God. As a result, they tend to be inclined to impose on others that which is in accordance with their impression of God.
Apparently, the impression which all too many Muslim theologians, jurists, muftis, and religious scholars seem to have of God is that Allah is: petty, small-minded, vindictive, unforgiving, intolerant, cruel, punitive, arbitrary, mean-spirited, lacking in wisdom, oppressive, and in desperate need of obedience. Such a poor impression seems to be the case because these sorts of qualities often are reflected in their fatwas, pronouncements, rulings, and writings concerning the illicit attempts of these sorts of individuals to impose shari‘ah on others, and one presumes that they are acting in accordance with what their impression of God indicates is expected of them by God.
The word ‘qadi’ often is translated as ‘judge’. However, such a translation really doesn’t properly reflect the actual role that a qadi should have.
A qadi – in its original sense and usage -- refers to one who helps settle or decide an affair (‘qada’). Nevertheless, this process of settling an affair is not a matter of imposing a judgment on the various parties to the affair under consideration.
A qadi is not trying to impose a perspective which is external to either the particulars of the situation being explored or the individuals who are seeking a just resolution to that situation. Rather, the task of, and challenge facing, a qadi is one of trying to assist individuals to navigate among an array of spiritual possibilities and work their collective way toward a destination which will be a harmonious solution for everyone involved – without necessarily knowing, in any predetermined manner, what the nature of such a destination will be or what that destination might look like at the beginning of the journey.
As such, a qadi is more of a resource person, facilitator, and a communicator than she or he is a judge of matters. The parties to a given conflict are helped by a qadi to explore the nature of that conflict in terms of its history, perceptions concerning that history, the nature of community and/or family, different needs of the parties to the conflict or affair, various character traits, the abilities of the individuals involved, and ideas concerning the nature of justice.
A qadi encourages the participants to address and discuss issues in such a way that the participants are the ones who learn how to struggle their way toward arriving at an understanding concerning how their affair or situation might best be resolved. The qadi guides this exploratory discussion in accordance with a principle voiced by the Prophet Muhammad (peace be upon him) – namely, “la darar wa la dirar”, which in today’s parlance might be translated as ‘do no harm’.
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In the Qur’an one finds the following ayat:
“And it does not beseem the believers that they should go forth all together; why should not then a company from every party from among them go forth they may apply themselves to obtain understanding of deen, and that they may warn their people when they come back to them that they may be cautious. [Qur’an 9:122]
Fiqh is related to the word: tafaqquh which means understanding and, in the context of the foregoing Quranic ayat, the understanding which is being sought concerns the nature of Deen.
Furthermore, such understanding is not something which is to be imposed on people. Rather, the previous Quranic ayat says that those who seek such understanding are to use the knowledge which is obtained in order to “warn their people” so that those people “may be cautious” concerning matters of Deen.
In addition, the Qur’an indicates:
“We have revealed [anzallna] to you al-zikr [The Qur’an] so that you may explain to people what has been brought down [nuzila] to them; and that they may reflect.” [Qur’an, 16:44]
Sharia‘ah is not necessarily a matter of telling people what to do – although this may be so in some instances. Instead, the Qur’an indicates that people are having things explained to them concerning the nature of revelation or remembrance, and, then, those individuals are being asked to reflect on that which is being explicated so that they may take what is being said and have it inform their own shari‘ah or journey/struggle toward the truth.
The process of understanding Deen – tafaqquh fil-din – requires one to struggle toward becoming open or receptive to the hukm of Deen – that is, its governing principle, reality, or truth – in any given set of circumstances. Hakim is one of the Divine Names and refers to the One Who determines the property of a given aspect of reality, and, therefore, the individual is seeking to become open to the nature of the truth or reality which Allah, through the agency of being Hakim, establishes as the governing authority or principle or reality of something in a given set of circumstances.
In this context, one often hears the term Usul al-fiqh. Fiqh, as already indicated, refers to the process of struggling to reach an understanding concerning the nature of the hukm or governing reality of Deen within various circumstances, and the term usul refers to the sources or principles one needs to understand in order to be in a position to be able to counsel or warn others with respect to the nature of Deen.
The principles and sources which are to be understood are all contained in the Qur’an. After all, God has “neglected nothing in the Book.” [Qur’an, 6:38]
Fiqh is the process of engaging the Qur’an for purposes of struggling toward the truth with respect to revelation or guidance. Fiqh is a search for right understanding, right belief, right character, right action, and right balance in the pursuit of doing justice to the truth or hukm of individual lived circumstances.
Each novel situation presents the practitioner of fiqh with possibilities and choices in relation to selecting that which may be right, good, just, and/or appropriate behavior to pursue with respect to that which, God willing, might be of most spiritual benefit to an individual or individuals in a given context. Fiqh is the process of seeking to come to an appropriate understanding of the hukm – or reality and governing principle or authority -- for a given set of circumstances, and, then, using that understanding to establish what are appropriate ways for proceeding through or conducting oneself in such circumstances.
A qadi seeks to induce the parties to a conflict to engage in the process of fiqh concerning the affair or conflict or issue which brought the various parties. Collectively, those individuals seek to struggle, with the assistance of the qadi, toward arriving at an understanding of the hukm – that is, the governing principle or reality – which has authority in the matter at hand.
For many, there is a sense in which life takes on the appearance of a judicial proceeding. For example, Muslims believe there is to be a Day of Judgment. We are further informed that what we do, and do not do, will be used as evidence -- both in support of, as well as being counted against, us -- and that our hands, feet, and other bodily members will give testimony concerning various matters on the Day of Judgment. Muslims also believe that punishments and rewards are associated with the manner in which evidence and judgment intersect with one another. Muslims further believe that a record of everything one does in life is being maintained and that each of us will carry such a record in either our right hand in front of us or our left hand behind us on the Day of Judgment.
Given considerations like the foregoing, when shari‘ah and Sacred Law are mentioned together, many people are inclined to jump to the conclusion that Sacred Law and shari‘ah must be matters which give expression to legal injunctions. Nevertheless, one can stipulate to the truth of ideas involving: the Day of Judgment, evidence, testimony, a real-time record, punishment, or reward, and, yet, still maintain that the Sacred Law and shari‘ah are not, ultimately, about judicial proceedings but, rather, are about truth, knowledge, understanding, spiritual realization, essential identity, and the process of purification which is necessary to, God willing, put a person in the position of being receptive to whatever God may wish to disclose to that individual concerning the nature of Sacred Law and the process of shari‘ah.
Life consists of a series of opportunities through which to purify ourselves. For example, the Qur’an says:
That person prospers who purifies oneself, invokes the name of one’s Lord, and prays.”
[Qur’an, 87: 14].
And, again:
But those will prosper who purify (tazakka) themselves and glorify the Name of their Guardian Lord and lift their hearts in prayer. [Qur’an, 87: 14-15]
And, again:
“Those who spend their wealth for increase in self-purification and Have in their minds no favor from anyone for which a reward is expected in return, but only the desire to seek for the Countenance of their Lord Most High.” [Qur’an, 92:18-20].
This last ayat in particular indicates that the purpose of purification is linked only to a “desire to seek for the Countenace of their Lord Most high” – without any thought of reward. This theme is echoed in another verse of the Qur’an:
“Say: Surely, my prayer and my service of sacrifice, my life and death are all for Allah, the Lord of the worlds. [Qur’an, 6:162]
Or consider the following verses from Surah Shams [The Sun]:
In the Name of Allah, the Beneficent, the Merciful.
I swear by the sun and its brilliance,
And the moon when it follows the sun,
And the day when it shows it,
And the night when it draws a veil over it,
And the heaven and Him Who made it,
And the earth and Him Who extended it,
And the soul and Him Who made it perfect,
Then He inspired it to understand what is right and wrong for it;
He will indeed be successful who purifies it,
And he will indeed fail who corrupts it. [Qur’an, 91:1-10]
According to my shaykh, the rhetorical style of the Qur’an is such that whenever God wishes to draw attention to the importance of some given point, theme, or issue, oaths are used to introduce such a point, theme, or issue. The more oaths there are which occur prior the matter in question, the more important is the issue to which our attention is being directed.
Nowhere else in the Qur’an does one find as many oaths piled upon oaths as one does with respect to the opening verses of Surah Shams. To what is our attention being drawn and what is so important? – the process of purification.
What does purification lead to if God wishes? Purification leads to taqwa.
And, why is taqwa important? Because the one who is in a condition of taqwa is the one who, God willing, shall be taught knowledge and discernment by God.
“Be Godfearing [have taqwa], and God will teach you [Qur’an, 2:282]
In other words, be careful with respect to one’s relationship with Allah. Understand that such a relationship is rooted in the hallowed, sacred ground of Being and that one must seek to gain insight into that ground, and if one exercises due diligence in these respects, then, God willing, one will be taught knowledge by God.
“If you are godfearing (have taqwa), He will give you discernment [furqanan].” [Qur’an, 8:29]
The process of developing an appropriate awareness and respect for the sacredness of Divine presence is a work or ‘amal . This struggle is a form of remembrance or zikr.
With respect to what is one to be given discernment or about what is one to be taught? One is to be taught about, and given discrimination concerning, the nature of Sacred Law and the process of shari‘ah.
One of the prayers of the Qur’an is”
“O my Lord, increase me in knowledge.” [Qur’an, 20: 114]
One is seeking knowledge of the truth concerning the nature of the Sacred Laws governing the Created Universe and one’s place in it. One is seeking knowledge about the nature of shari‘ah and how that process both leads to, as well as is an expression of, the Sacred Law. One is striving toward an understanding of the hukm which governs, and has authority over, this or that aspect of being – including one’s own essential identity and spiritual capacity.
The five pillars and zikr [both in their role as basic, fundamental expressions of shari‘ah that are intended to be accessible to all, as well as in conjunction with their role as supererogatory extensions of those basic fundamentals] are ways, God willing, of striving toward taqwa. The five pillars and zikr are processes of purification which, God willing, helps rid one of everything which can serve as a source of distraction, distortion, bias, and corruption concerning our achieving a state of receptivity – that is, taqwa – with respect to the real teachings of spirituality involving the Sacred Laws of the Created Universe.
The five pillars are not the end of matters, but are, rather, the beginning of a process that is intended to lead one to the place of drinking the water or knowledge which, God willing, renders one receptive to the hukm of God’s Word or revelation. Nonetheless, there are many gradations of knowledge and understanding concerning such matters.
The five pillars and zikr which are practiced by a Muslim are engaged through a different understanding than are the five pillars and zikr which are observed by a Momin or Mohsin. The five pillars and zikr of the one who is a condition of taqwa is different from those who are not in such a spiritual condition. The five pillars and zikr of an ‘abd of Allah is different from the five pillars and zikr of someone who is not an ‘abd of Allah.
“Whoever submits one’s whole self to Allah and is a doer of good has indeed grasped the most trustworthy handhold.” [Qur’an, 31:22]
And, as well:
“O Humankind! Surely you are toiling towards the Lord, painfully toiling, but you shall meet Him … you shall surely travel from stage to stage.” [Qur’an, 84: 6, 9]
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Today, and for many centuries now, all too many Muslim religious scholars, theologians, imams, mullahs, and so on have sought to make the process of coming to a proper understanding of the nature of Sacred Law and shari‘ah an unnecessarily complex, convoluted, and a most difficult and contentious journey. According to such individuals, one must become familiar with some 1400 years worth of various people’s religious fatwas and theological meanderings, and/or one must become an apprentice with respect to some given madhhab or school of jurisprudence, and/or one must undertake to learn so many thousands of hadiths, and so on, before one can be said to be in a position to properly understand the nature of Sacred Law and shari‘ah.
However, the Qur’an says:
Allah does not desire to put on you any difficulty, but He wishes to purify you and that He may complete His favor on you, so that you may be grateful [Qur’an 5:6] -- ma yaridu Allahu li-ajala alaykum min haraj.
Shari‘ah is not a matter of intellectualized, rationalistic, or politicized engagements of the Qur’an. Shari‘ah is a process of purification entailing activities such as prayer, fasting, charitableness, pilgrimage, remembrance, service, worship, and the acquisition of character traits such as: gratitude, repentance, tolerance, perseverance, integrity, honesty, humility, nobility, forgiveness, patience, compassion, love, generosity, kindness, and so on – all of which will assist one to pursue shari’ah’s journey toward taqwa and, in turn -- if God wishes –to real, essential knowledge concerning both the nature of shari‘ah and the Sacred Law governing Created existence.
One pursues these activities as best one’s circumstances permit and according to one’s capacity to do so. To demand that more than this be done or to demand that people pursue this in accordance with someone’s theological interpretation of matters is to impose an oppressive difficulty on people, and, yet, this is precisely what all too many Muslim theologians, mullahs, and religious scholars would do when they claim that people must be made to act in accordance with those people’s arbitrary ideas concerning the nature of shari‘ah and the Sacred Law.
“And God wishes for you that which is easy, not what is difficult.” [Qur’an, 2:185]
That which is easy is not necessarily that which is without struggle. Rather, that which is easy is that which falls within one’s capacity to accomplish if one makes efforts in this regard and if God supports such efforts.
Through the process of purification, God is seeking to assist us to simplify our lives. In other words, God is wishing for us to have ease – at least as much as this is possible in this life – rather than difficulty.
When everything we do is distorted, filtered, framed, and corrupted by our biases, delusions, and false understandings, life becomes very difficult – much more difficult than it has to be. However, through the process of purification – that is, through the journey of shari‘ah -- one begins, God willing, to not only shed all the unnecessary conceptual and emotional baggage which we impose upon ourselves through our biases and false understanding concerning the nature of reality and ourselves, but, as well, one is brought to a station of taqwa where one is taught the kind of knowledge and discrimination by God which helps ease us through the ups and downs of lived existence.
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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.
*****************
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.
*****************
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