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The ummah's
greatest achievement over the past millenium has undoubtedly been
its internal intellectual cohesion. From the fifth century of the
Hijra almost to the present day, and despite the outward drama of
the clash of dynasties, the Sunni Muslims have maintained an
almost unfailing attitude of religious respect and brotherhood
among themselves. It is a striking fact that virtually no
religious wars, riots or persecutions divided them during this
extended period, so difficult in other ways.
The history of
religious movements suggests that this is an unusual outcome. The
normal sociological view, as expounded by Max Weber and his
disciples, is that religions enjoy an initial period of unity, and
then descend into an increasingly bitter factionalism led by rival
hierarchies. Christianity has furnished the most obvious example
of this; but one could add many others, including secular faiths
such as Marxism. On the face of it, Islams ability to avoid this
fate is astonishing, and demands careful analysis.
There is, of
course, a straightforwardly religious explanation. Islam is the
final religion, the last bus home, and as such has been divinely
secured from the more terminal forms of decay. It is true that
what Abdul Wadod Shalabi has termed spiritual entropy has been at
work ever since Islams inauguration, a fact which is
well-supported by a number of hadiths. Nonetheless, Providence has
not neglected the ummah. Earlier religions slide gently or
painfully into schism and irrelevance; but Islamic piety, while
fading in quality, has been given mechanisms which allow it to
retain much of the sense of unity emphasised in its glory days.
Wherever the antics of the emirs and politicians might lead, the
brotherhood of believers, a reality in the initial career of
Christianity and some other faiths, continues, fourteen hundred
years on, to be a compelling principle for most members of the
final and definitive community of revelation in Islam. The reason
is simple and unarguable: God has given us this religion as His
last word, and it must therefore endure, with its essentials of
tawhid, worship and ethics intact, until the Last Days.
Such an
explanation has obvious merit. But we will still need to explain
some painful exceptions to the rule in the earliest phase of our
history. The Prophet himself (pbuh) had told his Companions, in a
hadith narrated by Imam Tirmidhi, that "Whoever among you
outlives me shall see a vast dispute". The initial schisms:
the disastrous revolt against Uthman (r.a.), the clash between Ali
(r.a.) and Muawiyah, the bloody scissions of the Kharijites - all
these drove knives of discord into the Muslim body politic almost
from the outset. Only the inherent sanity and love of unity among
scholars of the ummah assisted, no doubt, by Providence overcame
the early spasms of factionalism, and created a strong and
harmonious Sunnism which has, at least on the purely religious
plane, united ninety percent of the ummah for ninety percent of
its history.
It will help us
greatly to understand our modern, increasingly divided situation
if we look closely at those forces which divided us in the distant
past. There were many of these, some of them very eccentric; but
only two took the form of mass popular movements, driven by
religious ideology, and in active rebellion against majoritarian
faith and scholarship. For good reasons, these two acquired the
names of Kharijism and Shi'ism. Unlike Sunnism, both were highly
productive of splinter groups and sub-movements; but they
nonetheless remained as recognisable traditions of dissidence
because of their ability to express the two great divergences from
mainstream opinion on the key question of the source of religious
authority in Islam.
Confronted with
what they saw as moral slippage among early caliphs, posthumous
partisans of Ali (r.a.) developed a theory of religious authority
which departed from the older egalitarian assumptions by vesting
it in a charismatic succession of Imams. We need not stop here to
investigate the question of whether this idea was influenced by
the Eastern Christian background of some early converts, who had
been nourished on the idea of the mystical apostolic succession to
Christ, a gift which supposedly gave the Church the unique ability
to read his mind for later generations. What needs to be
appreciated is that Shi'ism, in its myriad forms, developed as a
response to a widely-sensed lack of definitive religious authority
in early Islamic society. As the age of the Righteous Caliphs came
to a close, and the Umayyad rulers departed ever more
conspicuously from the lifestyle expected of them as Commanders of
the Faithful, the sharply-divergent and still nascent schools of fiqh
seemed inadequate as sources of strong and unambiguous authority
in religious matters. Hence the often irresistible seductiveness
of the idea of an infallible Imam.
This
interpretation of the rise of Imamism also helps to explain the
second great phase in Shi'i expansion. After the success of the
fifth- century Sunni revival, when Sunnism seemed at last to have
become a fully coherent system, Shi'ism went into a slow eclipse.
Its extreme wing, as manifested in Ismailism, received a heavy
blow at the hands of Imam al-Ghazali, whose book "Scandals
of the Batinites" exposed and refuted their secret
doctrines with devastating force. This decline in Shi'i fortunes
was only arrested after the mid-seventh century, once the Mongol
hordes under Genghis Khan had invaded and obliterated the central
lands of Islam. The onslaught was unimaginably harsh: we are told,
for instance, that out of a hundred thousand former inhabitants of
the city of Herat, only forty survivors crept out of the smoking
ruins to survey the devastation. In the wake of this tidal wave of
mayhem, newly-converted Turcoman nomads moved in, who, with the
Sunni ulama of the cities dead, and a general atmosphere of fear,
turbulence, and Messianic expectation in the air, turned readily
to extremist forms of Shi'i belief. The triumph of Shi'ism in
Iran, a country once loyal to Sunnism, dates back to that painful
period.
The other great
dissident movement in early Islam was that of the Kharijites,
literally, the seceders, so-called because they seceded from the
army of the Caliph Ali when he agreed to settle his dispute with
Muawiyah through arbitration. Calling out the Quranic slogan,
"Judgement is only Gods", they fought bitterly against
Ali and his army which included many of the leading Companions,
until Ali defeated them at the Battle of Nahrawan, where some ten
thousand of them perished.
Although the
first Kharijites were destroyed, Kharijism itself lived on. As it
formulated itself, it turned into the precise opposite of Shi'ism,
rejecting any notion of inherited or charismatic leadership, and
stressing that leadership of the community of believers should be
decided by piety alone. This was assessed by very rudimentary
criteria: the early Kharijites were known for extreme toughness in
their devotions, and for the harsh doctrine that any Muslim who
commits a major sin is an unbeliever. This notion of takfir
(declaring Muslims to be outside Islam), permitted the Kharijite
groups, camping out in remote mountain districts of Khuzestan, to
raid Muslim settlements which had accepted Umayyad authority. Non-Kharijis
were routinely slaughtered in these operations, which brought
merciless reprisals from tough Umayyad generals such as al-Hajjaj
ibn Yusuf. But despite the apparent hopelessness of their cause,
the Kharijite attacks continued. The Caliph Ali (r.a.) was
assassinated by Ibn Muljam, a survivor of Nahrawan, while the
hadith scholar Imam al-Nasai, author of one of the most respected
collections of sunan, was likewise murdered by Kharijite
fanatics in Damascus in 303/915.
Like Shi'ism,
Kharijism caused much instability in Iraq and Central Asia, and on
occasion elsewhere, until the fourth and fifth centuries of Islam.
At that point, something of historic moment occurred. Sunnism
managed to unite itself into a detailed system that was now so
well worked-out, and so obviously the way of the great majority of
ulama, that the attraction of the rival movements
diminished sharply.
What happened was
this. Sunni Islam, occupying the middle ground between the two
extremes of egalitarian Kharijism and hierarchical Shi'ism, had
long been preoccupied with disputes over its own concept of
authority. For the Sunnis, authority was, by definition, vested in
the Quran and Sunnah. But confronted with the enormous body of
hadiths, which had been scattered in various forms and narrations
throughout the length and breadth of the Islamic world following
the migrations of the Companions and Followers, the Sunnah
sometimes proved difficult to interpret. Even when the sound
hadiths had been sifted out from this great body of material,
which totalled several hundred thousand hadith reports, there were
some hadiths which appeared to conflict with each other, or even
with verses of the Quran. It was obvious that simplistic
approaches such as that of the Kharijites, namely, establishing a
small corpus of hadiths and deriving doctrines and law from them
directly, was not going to work. The internal contradictions were
too numerous, and the interpretations placed on them too complex,
for the qadis (judges) to be able to dish out judgements
simply by opening the Quran and hadith collections to an
appropriate page.
The reasons
underlying cases of apparent conflict between various revealed
texts were scrutinised closely by the early ulama, often amid
sustained debate between brilliant minds backed up with the most
perfect photographic memories. Much of the science of Islamic
jurisprudence (usul al-fiqh) was developed in order to
provide consistent mechanisms for resolving such conflicts in a
way which ensured fidelity to the basic ethos of Islam. The term taarud
al-adilla (mutual contradiction of proof-texts) is familiar
to all students of Islamic jurisprudence as one of the most
sensitive and complex of all Muslim legal concepts. Early scholars
such as Ibn Qutayba felt obliged to devote whole books to the
subject.
The ulama of usul
recognised as their starting assumption that conflicts between the
revealed texts were no more than conflicts of interpretation, and
could not reflect inconsistencies in the Lawgiver's message as
conveyed by the Prophet (pbuh). The message of Islam had been
perfectly conveyed before his demise; and the function of
subsequent scholars was exclusively one of interpretation, not of
amendment.
Armed with this
awareness, the Islamic scholar, when examining problematic texts,
begins by attempting a series of preliminary academic tests and
methods of resolution. The system developed by the early ulama was
that if two Quranic or hadith texts appeared to contradict each
other, then the scholar must first analyse the texts
linguistically, to see if the contradiction arises from an error
in interpreting the Arabic. If the contradiction cannot be
resolved by this method, then he must attempt to determine, on the
basis of a range of textual, legal and historiographic techniques,
whether one of them is subject to takhsis, that is,
concerns special circumstances only, and hence forms a specific
exception to the more general principle enunciated in the other
text. The jurist must also assess the textual status of the
reports, recalling the principle that a Quranic verse will
overrule a hadith related by only one isnad (the type of
hadith known as ahad), as will a hadith supplied by many isnads
(mutawatir or mashhur). If, after applying all
these mechanisms, the jurist finds that the conflict remains, he
must then investigate the possibility that one of the texts was
subject to formal abrogation (naskh) by the other.
This principle of
naskh is an example of how, when dealing with the
delicate matter of taarud al-adilla, the Sunni ulama
founded their approach on textual policies which had already been
recognised many times during the lifetime of the Prophet (pbuh).
The Companions knew by ijma that over the years of the
Prophets ministry, as he taught and nurtured them, and brought
them from the wildness of paganism to the sober and compassionate
path of monotheism, his teaching had been divinely shaped to keep
pace with their development. The best-known instance of this was
the progressive prohibition of wine, which had been discouraged by
an early Quranic verse, then condemned, and finally prohibited.
Another example, touching an even more basic principle, was the
canonical prayer, which the early ummah had been obliged to say
only twice daily, but which, following the Miraj, was
increased to five times a day. Mutah (temporary marriage)
had been permitted in the early days of Islam, but was
subsequently prohibited as social conditions developed, respect
for women grew, and morals became firmer. There are several other
instances of this, most being datable to the years immediately
following the Hijra, when the circumstances of the young ummah
changed in radical ways.
There are two
types of naskh: explicit (sarih) or implicit (dimni).
The former is easily identified, for it involves texts which
themselves specify that an earlier ruling is being changed. For
instance, there is the verse in the Quran (2:142) which commands
the Muslims to turn in prayer to the Kaba rather than to
Jerusalem. In the hadith literature this is even more frequently
encountered; for example, in a hadith narrated by Imam Muslim we
read: "I used to forbid you to visit graves; but you should
now visit them." Commenting on this, the ulama of hadith
explain that in early Islam, when idolatrous practices were still
fresh in peoples memories, visiting graves had been forbidden
because of the fear that some new Muslims might commit shirk. As
the Muslims grew stronger in their monotheism, however, this
prohibition was discarded as no longer necessary, so that today it
is a recommended practice for Muslims to go out to visit graves in
order to pray for the dead and to be reminded of the akhira.
The other type of
naskh is more subtle, and often taxed the brilliance of
the early ulama to the limit. It involves texts which cancel
earlier ones, or modify them substantially, but without actually
stating that this has taken place. The ulama have given many
examples of this, including the two verses in Surat al-Baqarah
which give differing instructions as to the period for which
widows should be maintained out of an estate (2:240 and 234). And
in the hadith literature, there is the example of the incident in
which the Prophet (pbuh) once told the Companions that when he
prayed sitting because he was burdened by some illness, they
should sit behind him. This hadith is given by Imam Muslim. And
yet we find another hadith, also narrated by Muslim, which records
an incident in which the Companions prayed standing while the
Prophet (pbuh) was sitting. The apparent contradiction has been
resolved by careful chronological analysis, which shows that the
latter incident took place after the former, and therefore takes
precedence over it. This has duly been recorded in the fiqh
of the great scholars.
The techniques of
naskh identification have enabled the ulama to resolve
most of the recognised cases of taarud al-adilla. They
demand a rigorous and detailed knowledge not just of the hadith
disciplines, but of history, sirah, and of the views held
by the Companions and other scholars on the circumstances
surrounding the genesis and exegesis of the hadith in question. In
some cases, hadith scholars would travel throughout the Islamic
world to locate the required information pertinent to a single
hadith.
In cases where in
spite of all efforts, abrogation cannot be proven, then the ulama
of the salaf recognised the need to apply further tests. Important
among these is the analysis of the matn (the transmitted text
rather than the isnad of the hadith). Clear (sarih)
statements are deemed to take precedence over allusive ones (kinayah),
and definite (muhkam) words take precedence over words
falling into more ambiguous categories, such as the interpreted (mufassar),
the obscure (khafi) and the problematic (mushkil).
It may also be necessary to look at the position of the narrators
of the conflicting hadiths, giving precedence to the report
issuing from the individual who was more directly involved. A
famous example of this is the hadith narrated by Maymunah which
states that the Prophet (pbuh) married her when not in a state of
consecration (ihram) for the pilgrimage. Because her
report was that of an eyewitness, her hadith is given precedence
over the conflicting report from Ibn Abbas, related by a similarly
sound isnad, which states that the Prophet was in fact in
a state of ihram at the time.
There are many
other rules, such as that which states that prohibition takes
precedence over permissibility. Similarly, conflicting hadiths may
be resolved by utilising the fatwa of a Companion, after
taking care that all the relevant fatwa are compared and
assessed. Finally, recourse may be had to qiyas
(analogy). An example of this is the various reports about the
solar eclipse prayer (salat al-kusuf), which specify
different numbers of bowings and prostrations. The ulama, having
investigated the reports meticulously, and having been unable to
resolve the contradiction by any of the mechanisms outlined above,
have applied analogical reasoning by concluding that since the
prayer in question is still called salaat, then the usual
form of salaat should be followed, namely, one bowing and
two prostrations. The other hadiths are to be abandoned.
This careful
articulation of the methods of resolving conflicting source-texts,
so vital to the accurate derivation of the Shariah from the
revealed sources, was primarily the work of Imam al-Shafi'i.
Confronted by the confusion and disagreement among the jurists of
his day, and determined to lay down a consistent methodology which
would enable a fiqh to be established in which the
possibility of error was excluded as far as was humanly possible,
Shafi'i wrote his brilliant Risala (Treatise on Islamic
jurisprudence). His ideas were soon taken up, in varying ways, by
jurists of the other major traditions of law; and today they are
fundamental to the formal application of the Shariah.
Shafi'i's system
of minimising mistakes in the derivation of Islamic rulings from
the mass of evidence came to be known as usul al-fiqh
(the roots of fiqh). Like most of the other formal
academic disciplines of Islam, this was not an innovation in the
negative sense, but a working- out of principles already
discernible in the time of the earliest Muslims. In time, each of
the great interpretative traditions of Sunni Islam codified its
own variation on these roots, thereby yielding in some cases
divergent branches (i.e. specific rulings on practice). Although
the debates generated by these divergences could sometimes be
energetic, nonetheless, they were insignificant when compared to
the great sectarian and legal disagreements which had arisen
during the first two centuries of Islam before the science of usul
al-fiqh had put a stop to such chaotic discord.
It hardly needs
remarking that although the Four Imams, Abu Hanifa, Malik ibn Anas,
al-Shafi'i and Ibn Hanbal, are regarded as the founders of these
four great traditions, which, if we were asked to define them, we
might sum up as sophisticated techniques for avoiding innovation,
their traditions were fully systematised only by later generations
of scholars. The Sunni ulama rapidly recognised the brilliance of
the Four Imams, and after the late third century of Islam we find
that hardly any scholars adhered to any other approach. The great
hadith specialists, including al-Bukhari and Muslim, were all
loyal adherents of one or another of the madhhabs,
particularly that of Imam al-Shafi'i. But within each madhhab,
leading scholars continued to improve and refine the roots and
branches of their school. In some cases, historical conditions
made this not only possible, but necessary. For instance, scholars
of the school of Imam Abu Hanifah, which was built on the
foundations of the early legal schools of Kufa and Basra, were
wary of some hadiths in circulation in Iraq because of the
prevalence of forgery engendered by the strong sectarian
influences there. Later, however, once the canonical collections
of Bukhari, Muslim and others became available, subsequent
generations of Hanafi scholars took the entire corpus of hadiths
into account in formulating and revising their madhhab.
This type of process continued for two centuries, until the
Schools reached a condition of maturity in the fourth and fifth
centuries of the Hijra.
It was at that
time, too, that the attitude of toleration and good opinion
between the Schools became universally accepted. This was
formulated by Imam al-Ghazali, himself the author of four
textbooks of Shafi'i fiqh, and also of Al-Mustasfa,
widely acclaimed as the most advanced and careful of all works on
usul usul al-fiqh With his well-known concern for
sincerity, and his dislike of ostentatious scholarly rivalry, he
strongly condemned what he called fanatical attachment to a madhhab
(Ihya Ulum al-Din, III, 65) While it was necessary for
the Muslim to follow a recognised madhhab in order to
avert the lethal danger of misinterpreting the sources, he must
never fall into the trap of considering his own school
categorically superior to the others. With a few insignificant
exceptions, the great scholars of Sunni Islam have followed the
ethos outlined by Imam al-Ghazali, and have been conspicuously
respectful of each others madhhab. Anyone who has studied
under traditional ulama will be well-aware of this fact.
The evolution of
the Four Schools did not stifle, as some Orientalists have
suggested, the capacity for the refinement or extension of
positive law. On the contrary, sophisticated mechanisms were
available which not only permitted qualified individuals to derive
the Shariah from the Quran and Sunnah on their own authority, but
actually obliged them to do this. According to most scholars, an
expert who has fully mastered the sources and fulfilled a variety
of necessary scholarly conditions is not permitted to follow the
prevalent rulings of his School, but must derive the rulings
himself from the revealed sources. Such an individual is known as
a mujtahid, a term derived from the famous hadith of
Muadh ibn Jabal.
Few would
seriously deny that for a Muslim to venture beyond established
expert opinion and have recourse directly to the Quran and Sunnah,
he must be a scholar of great eminence. The danger of less-
qualified individuals misunderstanding the sources and hence
damaging the Shariah is a very real one, as was shown by the
discord and strife which afflicted some early Muslims, and even
some of the Companions themselves, in the period which preceded
the establishment of the Orthodox Schools. Prior to Islam, entire
religions had been subverted by inadequate scriptural scholarship,
and it was vital that Islam should be secured from a comparable
fate.
In order to
protect the Shariah from the danger of innovation and distortion,
the great scholars of usul laid down rigorous conditions which
must be fulfilled by anyone wishing to claim the right of ijtihad
for himself. These conditions include:
- (a)
- mastery of the
Arabic language, to minimise the possibility of
misinterpreting Revelation on purely linguistic grounds;
- (b)
- a profound
knowledge of the Quran and Sunnah and the circumstances
surrounding the revelation of each verse and hadith, together
with a a full knowledge of the Quranic and hadith
commentaries, and a control of all the interpretative
techniques discussed above;
- (c)
- knowledge of
the specialised disciplines of hadith, such as the assessment
of narrators and of the matn;
- (d)
- knowledge of
the views of the Companions, Followers and the great imams,
and of the positions and reasoning expounded in the textbooks
of fiqh, combined with the knowledge of cases where a
consensus (ijma) has been reached;
- (e)
- knowledge of
the science of juridical analogy (qiyas), its types and
conditions;
- (f)
- knowledge of
ones own society and of public interest (maslahah);
- (g)
- knowing the
general objectives (maqasid) of the Shariah;
- (h)
- a high degree
of intelligence and personal piety, combined with the Islamic
virtues of compassion, courtesy, and modesty.
A scholar who has
fulfilled these conditions can be considered a mujtahid
fil-shar, and is not obliged, or even permitted, to follow an
existing authoritative madhhab. This is what some of the
Imams were saying when they forbade their great disciples from
imitating them uncritically. But for the much greater number of
scholars whose expertise has not reached such dizzying heights, it
may be possible to become a mujtahid fil-madhhab, that
is, a scholar who remains broadly convinced of the doctrines of
his school, but is qualified to differ from received opinion
within it. There have been a number of examples of such men, for
instance Imam al-Nawawi among the Shafi'is, Qadi Ibn Abd al-Barr
among the Malikis, Ibn Abidin among the Hanafis, and Ibn Qudama
among the Hanbalis. All of these scholars considered themselves
followers of the fundamental interpretative principles of their
own madhhabs, but are on record as having exercised their
own gifts of scholarship and judgement in reaching many new
verdicts within them. It is to these experts that the Mujtahid
Imams directed their advice concerning ijtihad, such as
Imam al-Shafi'is instruction that if you find a hadith that
contradicts my verdict, then follow the hadith. It is obvious that
whatever some writers nowadays like to believe, such counsels were
never intended for use by the Islamically-uneducated masses.
Other categories
of mujtahids are listed by the usul scholars;
but the distinctions between them are subtle and not relevant to
our theme. The remaining categories can in practice be reduced to
two: the muttabi (follower), who follows his madhhab
while being aware of the Quranic and hadith texts and the
reasoning, underlying its positions, and secondly the muqallid
(emulator), who simply conforms to the madhhab because of
his confidence in its scholars, and without necessarily knowing
the detailed reasoning behind all its thousands of rulings.
Clearly it is
recommended for the muqallid to learn as much as he or
she is able of the formal proofs of the madhhab. But it
is equally clear that not every Muslim can be a scholar.
Scholarship takes a lot of time, and for the ummah to function
properly most people must have other employment: as accountants,
soldiers, butchers, and so forth. As such, they cannot reasonably
be expected to become great ulama as well, even if we suppose that
all of them have the requisite intelligence. The Holy Quran itself
states that less well-informed believers should have recourse to
qualified experts: So ask the people of remembrance, if
you do not know (16:43). (According to the tafsir
experts, the people of remembrance are the ulama.) And in another
verse, the Muslims are enjoined to create and maintain a group of
specialists who provide authoritative guidance for
non-specialists: A band from each community should stay
behind to gain instruction in religion and to warn the people when
they return to them, so that they may take heed (9:122).
Given the depth of scholarship needed to understand the revealed
texts accurately, and the extreme warnings we have been given
against distorting the Revelation, it is obvious that ordinary
Muslims are duty bound to follow expert opinion, rather than rely
on their own reasoning and limited knowledge. This obvious duty
was well-known to the early Muslims: the Caliph Umar (r.a.)
followed certain rulings of Abu Bakr (r.a.), saying I would be
ashamed before God to differ from the view of Abu Bakr. And Ibn
Masud (r.a.), in turn, despite being a mujtahid in the fullest
sense, used in certain issues to follow Umar (r.a.). According to
al-Shabi: Six of the Companions of the Prophet (pbuh) used to give
fatwas to the people: Ibn Masud, Umar ibn al-Khattab, Ali, Zayd
ibn Thabit, Ubayy ibn Kab, and Abu Musa (al-Ashari). And out of
these, three would abandon their own judgements in favour of the
judgements of three others: Abdallah (ibn Masud) would abandon his
own judgement for the judgement of Umar, Abu Musa would abandon
his own judgement for the judgement of Ali, and Zayd would abandon
his own judgement for the judgement of Ubayy ibn Kab.
This verdict,
namely that one is well-advised to follow a great Imam as ones
guide to the Sunnah, rather than relying on oneself, is
particularly binding upon Muslims in countries such as Britain,
among whom only a small percentage is even entitled to have a
choice in this matter. This is for the simple reason that unless
one knows Arabic, then even if one wishes to read all the hadith
determining a particular issue, one cannot. For various reasons,
including their great length, no more than ten of the basic hadith
collections have been translated into English. There remain well
over three hundred others, including such seminal works as the Musnad
of Imam Ahmad ibn Hanbal, the Musannaf of Ibn Abi Shayba,
the Sahih of Ibn Khuzayma, the Mustadrak of al-
Hakim, and many other multi-volume collections, which contain
large numbers of sound hadiths which cannot be found in Bukhari,
Muslim, and the other works that have so far been translated. Even
if we assume that the existing translations are entirely accurate,
it is obvious that a policy of trying to derive the Shariah
directly from the Book and the Sunnah cannot be attempted by those
who have no access to the Arabic. To attempt to discern the
Shariah merely on the basis of the hadiths which have been
translated will be to ignore and amputate much of the Sunnah,
hence leading to serious distortions.
Let me give just
two examples of this. The Sunni Madhhabs, in their rules for the
conduct of legal cases, lay down the principle that the canonical
punishments (hudud) should not be applied in cases where
there is the least ambiguity, and that the qadi should actively
strive to prove that such ambiguities exist. An amateur reading in
the Sound Six collections will find no confirmation of this. But
the madhhab ruling is based on a hadith narrated by a
sound chain, and recorded in the Musannaf of Ibn Abi
Shayba, the Musnad of al-Harithi, and the Musnad of
Musaddad ibn Musarhad. The text is: Ward off the hudud
by means of ambiguities. Imam al-Sanani, in his book Al-Ansab,
narrates the circumstances of this hadith: "A man was
found drunk, and was brought to Umar, who ordered the hadd of
eighty lashes to be applied. When this had been done, the man
said: Umar, you have wronged me! I am a slave! (Slaves receive
only half the punishment.) Umar was grief- stricken at this, and
recited the Prophetic hadith, Ward off the hudud by means of
ambiguities."
Another example
pertains to the important practice, recognised by the madhhabs,
of performing sunnah prayers as soon as possible after the end of
the Maghrib obligatory prayer. The hadith runs: Make haste to
perform the two rakas after the Maghrib, for they are raised up
(to Heaven) alongside the obligatory prayer. The hadith is
narrated by Imam Razin in his Jami.
Because of the
traditional pious fear of distorting the Law of Islam, the
overwhelming majority of the great scholars of the past -
certainly well over ninety-nine percent of them - have adhered
loyally to a madhhab. It is true that in the troubled
fourteenth century a handful of dissenters appeared, such as Ibn
Taymiyyah and Ibn al-Qayyim; but even these individuals never
recommended that semi-educated Muslims should attempt ijtihad
without expert help. And in any case, although these authors have
recently been resurrected and made prominent, their influence on
the orthodox scholarship of classical Islam was negligible, as is
suggested by the small number of manuscripts of their works
preserved in the great libraries of the Islamic world.
Nonetheless,
social turbulences have in the past century thrown up a number of
writers who have advocated the abandonment of authoritative
scholarship. The most prominent figures in this campaign were
Muhammad Abduh and his pupil Muhammad Rashid Rida. Dazzled by the
triumph of the West, and informed in subtle ways by their own
well-documented commitment to Freemasonry, these men urged Muslims
to throw off the shackles of taqlid, and to reject the authority
of the Four Schools. Today in some Arab capitals, especially where
the indigenous tradition of orthodox scholarship has been
weakened, it is common to see young Arabs filling their homes with
every hadith collection they can lay their hands upon, and poring
over them in the apparent belief that they are less likely to
misinterpret this vast and complex literature than Imam al-Shafi'i,
Imam Ahmad, and the other great Imams. This irresponsible
approach, although still not widespread, is predictably opening
the door to sharply divergent opinions, which have seriously
damaged the unity, credibility and effectiveness of the Islamic
movement, and provoked sharp arguments over issues settled by the
great Imams over a thousand years ago. It is common now to see
young activists prowling the mosques, criticising other
worshippers for what they believe to be defects in their worship,
even when their victims are following the verdicts of some of the
great Imams of Islam. The unpleasant, Pharisaic atmosphere
generated by this activity has the effect of discouraging many
less committed Muslims from attending the mosque at all. No-one
now recalls the view of the early ulama, which was that Muslims
should tolerate divergent interpretations of the Sunnah as long as
these interpretations have been held by reputable scholars. As
Sufyan al-Thawri said: If you see a man doing something over which
there is a debate among the scholars, and which you yourself
believe to be forbidden, you should not forbid him from doing it.
The alternative to this policy is, of course, a disunity and
rancour which will poison and cripple the Muslim community from
within.
In a
Western-influenced global culture in which people are urged from
early childhood to think for themselves and to challenge
established authority, it can sometimes be difficult to muster
enough humility to recognise ones own limitations. We are all a
little like Pharaoh: our egos are by nature resistant to the idea
that anyone else might be much more intelligent or learned than
ourselves. The belief that ordinary Muslims, even if they know
Arabic, are qualified to derive rulings of the Shariah for
themselves, is an example of this egotism running wild. To young
people proud of their own judgement, and unfamiliar with the
complexity of the sources and the brilliance of authentic
scholarship, this can be an effective trap, which ends by luring
them away from the orthodox path of Islam and into an
unintentional agenda of provoking deep divisions among the
Muslims. The fact that all the great scholars of the religion,
including the hadith experts, themselves belonged to madhhabs,
and required their students to belong to madhhabs, seems
to have been forgotten. Self-esteem has won a major victory here
over common sense and Islamic responsibility.
The Holy Quran
commands Muslims to use their minds and reflective capacities; and
the issue of following qualified scholarship is an area in which
this faculty must be very carefully deployed. The basic point
should be appreciated that no categoric difference exists between usul
al-fiqh and any other specialised science requiring lengthy
training. Shaykh Said Ramadan al-Buti, who has articulated the
orthodox response to the anti-Madhhab trend in his book: Non-Madhhabism:
The Greatest Bida Threatening the Islamic Sharia, likes to
compare the science of deriving rulings to that of medicine.
"If ones child is seriously ill", he asks,
"does one look for oneself in the medical textbooks for
the proper diagnosis and cure, or should one go to a trained
medical practitioner?" Clearly, sanity dictates the
latter option. And so it is in matters of religion, which are in
reality even more important and potentially hazardous: we would be
both foolish and irresponsible to try to look through the sources
ourselves, and become our own muftis. Instead, we should
recognise that those who have spent their entire lives studying
the Sunnah and the principles of law are far less likely to be
mistaken than we are.
Another metaphor
might be added to this, this time borrowed from astronomy. We
might compare the Quranic verses and the hadiths to the stars.
With the naked eye, we are unable to see many of them clearly; so
we need a telescope. If we are foolish, or proud, we may try to
build one ourselves. If we are sensible and modest, however, we
will be happy to use one built for us by Imam al-Shafi'i or Ibn
Hanbal, and refined, polished and improved by generations of great
astronomers. A madhhab is, after all, nothing more than a
piece of precision equipment enabling us to see Islam with the
maximum clarity possible. If we use our own devices, our
amateurish attempts will inevitably distort our vision.
A third image
might also be deployed. An ancient building, for instance the Blue
Mosque in Istanbul, might seem imperfect to some who worship in
it. Young enthusiasts, burning with a desire to make the building
still more exquisite and well-made (and no doubt more in
conformity with their own time-bound preferences), might gain
access to the crypts and basements which lie under the structure,
and, on the basis of their own understanding of the principles of
architecture, try to adjust the foundations and pillars which
support the great edifice above them. They will not, of course,
bother to consult professional architects, except perhaps one or
two whose rhetoric pleases them nor will they be guided by the
books and memoirs of those who have maintained the structure over
the centuries. Their zeal and pride leaves them with no time for
that. Groping through the basements, they bring out their picks
and drills, and set to work with their usual enthusiasm.
There is a real
danger that Sunni Islam is being treated in a similar fashion. The
edifice has stood for centuries, withstanding the most bitter
blows of its enemies. Only from within can it be weakened. No
doubt, Islam has its intelligent foes among whom this fact is
well- known. The spectacle of the disunity and fitnas which
divided the early Muslims despite their superior piety, and the
solidity and cohesiveness of Sunnism after the final codification
of the Shariah in the four Schools of the great Imams, must have
put ideas into many a malevolent head. This is not to suggest in
any way that those who attack the great madhhabs are the
conscious tools of Islams enemies. But it may go some way to
explaining why they will continue to be well- publicised and
well-funded, while the orthodox alternative is starved of
resources. With every Muslim now a proud mujtahid, and with taqlid
dismissed as a sin rather than a humble and necessary virtue, the
divergent views which caused such pain in our early history will
surely break surface again. Instead of four madhhabs in
harmony, we will have a billion madhhabs in bitter and
self-righteous conflict. No more brilliant scheme for the
destruction of Islam could ever have been devised.
This
article is reproduced courtesy of ISLAMICA
Magazine (1995)
Source:
http://www.ummah.org.uk/masud/ISLAM/AHM/NewMadhhab.html
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