...life is a journey and the people we meet along the way enrich it in ways unimaginable.
Saturday, 8 March 2014
Friday, 7 March 2014
On Morality and Law - Selections from 'And God Knows The Soldiers' by Khaled M. Abou El Fadl
I just finished reading the book 'And God Knows the Soldiers' by Khaled M. Abou El Fadl in its third edition. Interestingly, it is the publication afterthoughts (the fifth chapter) which got me thinking the most. So here, I'd like to share some snippets of the book which I thought was particularly striking. For this particular post, I have chosen the topic which I call "Morality and Law".
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From pages 144 to 147 of 'And God Knows the Soldiers', third edition:
"Muslim jurists started out with the assumption that God desires for human beings to maximize what is beautiful in life. For instance, we know that mercy, compassion, and justice are good because they are beautiful. These values are good and beautiful either because God made them so or because they are inherently so. In either case, God created laws, or sanctioned the laws, that define beauty in the created existence. These laws of beauty are not created by the Shari'ah - Shari'ah, for instance, does not define whether a flower is beautiful or ugly. Rather, the laws of beauty are respected, accessed, and sustained by Shari'ah. Since the Shari'ah is the Way to God, and God is the epitome of beauty, Shari'ah must, by necessity, preserve and protect beauty. Therefore, studying analyzing beauty (or the laws of beauty) is part and parcel of studying Shari'ah. Put differently, figuring out the laws of beauty is a fundamental part of discovering the Shari'ah itself. The purpose of Shari'ah, according to most jurists, is to achieve the welfare of the people (tahqiq masalih or manafi' al-ibad), because the well-being and happiness of the people are part of what is good and beautiful. As I mentioned earlier, Muslim jurists differentiated between Shari'ah, which is goodness in the abstract or ideal sense, and fiqh, which interprets and implements the Shari'ah. Put simply, Shari'ah is the ideal and fiqh is the concrete approximation of the ideal, and therefore, Shari'ah is perfect and immutable, but fiqh is not. So for example, Ibn al-Qayyim (d. 751/1350) argues that it is impossible for the Shari'ah to result in an injustice, and if it does then that only means that the interpretation or positive regulations giving effect to the Shari'ah were flawed. What Ibn al-Qayyim means is that if there is a flaw, this is not because the beautiful is deficient, but because the attempt to comprehend or implement the beautiful has failed.
This paradigm becomes meaningful when we consider the purpose of the law and the logic of legal change. If the law mandates the abstention or performance of a certain act, we must ask, is compliance demanded for its own sake or for the sake of attaining certain results? If the law mandates compliance for its own sake, then the purpose of the law must be intrinsically beautiful or beautiful by its nature (hasan bi dhatih), otherwise we must suspect that we misunderstood the law or its purposes. If, on the other hand, the law mandates compliance in order to attain certain results, then the law, in this situation, is a means to an end and not an end in itself. The end must be beautiful - whether the means are beautiful or not depends on whether it is able to achieve its ends or not. This is called hasan li ghayr dhatih. Therefore, in every evaluative step, we must ask, is the law the law for its own sake or for the sake of a higher end? If it is the law for its own sake, the law cannot reflect the attributes of ugliness. If the law is the law for the sake of a higher end, then we must make sure that the law is serving its purpose.-----------------------
Now, I think this is an interesting point to ponder:
Is the law in the service of morality (what is beautiful)? Or is the law equated to morality itself or even defines morality?
What do you think? In practice and in our lives, which weighs more for us? The law or morality?
Tuesday, 18 February 2014
Madhabs are characterised by differences of opinions?
Monday, 17 February 2014
Dangers of Qiyas without proper knowledge
This weekend, I had a discussion with a couple of friends regarding a Hadith about forbidding the filing of teeth, plucking of eyebrow and so forth.
There were some speculations as to whether it means whitening of the teeth and so on are also forbidden. I stopped the speculations because of a few concerns I have with such a discussion:
1. Do we have enough knowledge to know whether the Hadith is muttawatur or ahad; and also sahih or hasan or daif?
2. Do we know the background of the Hadith - in what context it was said and the cause of it? What is the underlying meaning?
3. Were there other hadiths or verses of the Qur'an supporting or contradicting this one? If contradicting, how do we reconcile them?
3. When those are clarified, we then need to understand what is the 'basis' for making the qiyas (extrapolation) to other things such as whitening of the teeth etc? What is the operative cause/reason for the qiyas?
4. Could there be extenuating circumstances that may lead to different conclusion?
5. What is the impact of making the qiyas? How wide ranging is it in terms of individual and community level?
As I learn more about Islamic jurisprudence, the more cautious I become in these kinds of discussions. Personally, I think we were not equipped to address the above points.
For example, take the third point...what is the underlying reason for forbidding the filing of the teeth? Is it because it is not healthy or because it is tempering with what God gave you or it is to beautify oneself or it is misrepresenting oneself to others? And then we ask how do we know that the underlying reason can be applied to the other activities?
The danger is then that we apply the wrong reasoning and therefore the wrong qiyas. In that case, we are misrepresenting what the Prophet s.a.w. intended. And given that we didn't apply due diligence, we couldn't even say that we exercised our ijtihad. Thus we fall into the danger of assuming a role of authority without being duly qualified for it. And in so doing, interpose our will over the Divine Will.
This little incident is just one example of how I realise, in my arrogant youth, I would have jumped to conclusions that could have had me assuming an authoritarian role in interpreting the Hadith and applying it willy nilly to what I saw fit. Inshallah, I have learnt my lesson that my knowledge is too limited for such a task but that I should learn more towards equipping myself with the knowledge.
Wallahu 'alam.
Tuesday, 17 December 2013
Seerah of the Prophet s.a.w. - What a da'i can learn from him.
The last few days I have been battling an essay for my Seerah course. While not the best work I have done, I thought I'd share it here as it falls nicely with the series on Seerah that I have been doing on and off. I hope it will benefit someone.
Wassalam,
Sid
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