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Routledge Handbook of Islamic Law

Khaled Abou El Fadl, Ahmad Atif Ahmad, Said Fares Hassan

Shariah , natural law and the original state

Publication details https://www.routledgehandbooks.com/doi/10.4324/9781315753881-3 Ahmed Izzidien Published online on: 23 May 2019

How to cite :- Ahmed Izzidien. 23 May 2019, Shariah , natural law and the original state from: Routledge Handbook of Islamic Law Routledge Accessed on: 27 Sep 2021 https://www.routledgehandbooks.com/doi/10.4324/9781315753881-3

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The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The publisher shall not be liable for an loss, actions, claims, proceedings, demand or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material. Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 articulated itself in parts of our world today. world our of parts in itself articulated has that heritage political the form to came deliberations how these considers chapter the of part final and law. third The natural to relate –that times contemporary to period formative their –from traditions legal Islamic within being into came that ideas those charts chapter the part, second the For cosmos. the in being of atheory and law of aformulation at arrive to principles, first on based attempts, boy The island. an on marooned himself finds surprise, emerged. that theories legal the and produced dynamic this challenges intellectual the at led the boy to hold that an absolute an that hold to boy the led This begun. have not could events of chain this reasoned, boy the –otherwise, ­predecessor chain of events this bring to that Yet, hereasoned apredecessor. of need existential an in were island the on things the that heconsidered observation, his In insects. of colonies organized yet small were found he life the Of island. the explore to hebegan healthy, Otherwise amnesia. of astate in be to He appeared adrift. himself found hehad that be to how it came recall not He could island. deserted aseemingly of beach the onto itself it edged as canoe his woke boy in A young for natural based law onfirst principles. The of the story island journey unexpected The they when theories legal Islamic in those chart to attempt shall chapter this traditions, Muslim the of cians theoreti legal of deliberations the within appeared law natural of concepts when dynamic the To characterize theories. legal competing and incompatible normally for ground mon com adepolarizing delineating for opportunity an presents law natural so, do to attempt an In epistemologies. legal unique by up set boundaries traverse to proposes law Natural Introduction In terms of the organization of the chapter, it begins with the story of a boy who, to his his to who, aboy of story the with it begins chapter, the of organization the of terms In perpetuation of one colony was dependent on a previous one. It appeared that all living living all that It one. appeared a previous on dependent was colony one of into being, there must have been a moment in the past that needed no no needed that past the in amoment been have must there being, into - marooned boy. acase Building Shari being must have existed, one without beginning. without one existed, have must being interact ʿ ah ed with concepts of natural law. It shall consider law. It shall natural of concepts with the original state , natural law and Ahmed IzzidienAhmed ideas that ideas presented presented 1 43 - -

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 aversion to others. He was comfortable with what brought him him brought what with comfortable He was others. to aversion axiom above the on Based him. help boy would another that example, for injury to due fish, to able ‘Good’, the latter he called ‘Bad’. hecalled latter the ‘Good’, called he acts first The himself. extension by –and others on wish not hewould that acts and himself, extension by –and others for wish hewould that acts between adistinction discern this idea, this on based best be would transactions all that he held Thus unfairness. of act an of end receiving the on being of idea the by repulsed innately seemed Aperson dominance. such of two. the of cooperation the or sadness, other the sure, plea gaining one with other, over one of the domination the either see He could appear? to harm a need such instilling for reason apparent no be would there otherwise today, the world in influential al- –mukh relationship the of a the of grace the of arealization became boy,the asking to Thus, him. for being of state best the was food, enjoy to able was that one state, opposite its that find would food, require not did inherently that being absolute an being of boy, short a the between –one polarity this of realization the asking of act ‘ask’. The to was one’s will granting of his grant to unable inherently be should boy the its boy the made had him, for good wishing in being, solute being. Since the a the Since being. the perfection, Where he felt helpless and could not will not could and helpless hefelt Where being – in being absolute ( absolute being –in being a the that given him to true particularly was This him. towards will agood had being from the absoluteness of the absolute the of absoluteness the from manner, possible every in most, the derive to able was that one be would being other any for nature? own his was what heasked, absolute, not was indeed and absolute, made definition, by been, have not could boy the if Thus, him. around observed actually not was first the mean would boy, this to gain from the a the from gain to absolute said the from maximally lute perfect as nature mortal and need ent ( need in inherently and absolutely is that being a is, that absoluteness, of opposite complete the be to have would being anon-absolute that Ahmed Izzidien Ahmed 44 As time passed, the boy felt an innate desire for certain elements on the island and an an and island the on elements certain for desire innate an felt boy the passed, time As Then one day a new boy appeared, then many more. many then appeared, boy anew day one Then It appeared to the boy that, given his innate need, he would appreciate when he was un he was when appreciate hewould need, innate his given that, boy the to It appeared end receiving the on be to wish not hewould dominate, to hewere if even that He held were him like another if what he wondered, yet, desire; own his to now,For fish he could As the boy began to live on the deserted island, he discovered more of his innate needs. needs. innate his of more hediscovered island, deserted the on live to began boy the As Given the absoluteness of the original being, the boy reasoned that the best state of being being of state best the that reasoned boy the being, original the of absoluteness the Given absolute it was if Further, This put him as a form of ‘key’ to the ‘lock’ that was the absolute the was that ‘lock’ the to ‘key’ of aform as him put This ‘lock’ could never be brought into existence by definition, a key was best placed to gain gain to placed best was a key definition, by existence into brought be never could ‘lock’ axiom ( , he held that he too should be willing to help others with the same. the with others help to willing be should hetoo that , heheld to ask in him. in ask to mafsada , ‘ D ). o onto others what you would wish upon yourself’. He appeared to be able to to able be to He appeared yourself’. upon wish you would what others o onto for himself to be in, was the polar opposite the was in, be to himself for being of state best bsolute being was by definition able to grant its own its grant to able definition by was being bsolute bsolute in the best possible manner. It appeared to him that the a the that him to It appeared manner. possible best the in bsolute ghan , there would be no room for a ‘second’ absolute a‘second’ for room no be would , there ʿ ib a¯ ı¯ bi-dh da lock. Thus he reasoned that he had been given a chance achance given been hehad that hereasoned Thus lock. . This led the boy to hold that the a the that hold to boy the led . This being. That is, from absoluteness. For this, he reasoned hereasoned this, For absoluteness. from is, That being. for a being of his kind. his of abeing for a¯ tih consider: hewould occur, to something for ı¯ ) – had no inherent need for him, by definition. by him, for need inherent no ) –had absolute – a necessary condition for the life he life the for condition –anecessary absolute faq own bsolute and its opposite. In an analogy, the the analogy, an In opposite. its and bsolute ı¯ r bi-dh will. The boy reasoned that the opposite opposite the that reasoned boy The will. bsolute being towards him, an essence an him, towards being bsolute a a¯ bsolute being became the ultimate ultimate the became being bsolute tih polar opposite, then by definition then opposite, polar ı¯ ). Thus, the boy saw his inher his saw boy the ). Thus, benefit being. As another abso another As being. will, and since the a the since and will, ( bsolute would still be be still would bsolute ma ․ s lah of the the of being, as to the the to as being, ․ a ) yet not with with ) yet not A His His bsolute bsolute bsolute bsolute bsolute own b - - - - -

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 other’ and ‘ and other’ injury. customarily was known what obtain want not boy would offending the heart, at and account, to him hold could self own His ‘Bad’. as it recognized also he axiom, innate boy’s own offending the in Further, unfairness. with discontentment innate an be to boy the to appeared There himself. on it wish not would person same the power, gaining for justified as unfair being saw aperson Even if innate. inescapable, appeared axiom The him. to done be to same the wish not would still boy offending the gain, personal for justifiable as harm seeing manner, vellian Machia in a acted had boy offending the though even Further, ‘rights’. his with line in and axiom the with line in was Such damaged. hehad what then ‘owed’ offender the attack, an tain the victim the tain ‘rights’, Good. do to choosing by gained hehad Good, for appreciation innate his given that it appeared Thus others. for wish hewould qualities two These patience. and compassion namely otherwise, have not hewould something gained had he he felt as option this choosing in peace at innately hefelt inwardly, pain, in be outwardly hemay While it. for appreciation innate his given Good, the on acting by gain he could adversaries, his down strike and option Bad the take hecould while that He realized himself. it for want hewould since do to thing Good the been have would This option. Good the take to boy other any wished have hewould Bad, and Good between choosing in that ­cognizant other the brought not hehad as seeing a –the ‘rights’ these he called a the from maximally gain to opportunity the given been hehad while that herealized Thus the boy to compensate him? compensate to boy the force to have arealization to hecame consider, to time for Retreating ­vengeful. and bitter become to retaliate, to urge the He felt injured. badly was ankle His boys. the a the of awisdom to due be must heendured pain any that nature. innate his with line in also was that amanner in life live to opportunity the him giving by grace a the that it appeared Thus innate. seemed they and axiom the with accordance in were They rights. unreasonable not Yet, were ‘rights’. boy, the to these these of short fall hecould live, to himself –in –inherent placement best the hehad while boy, a the of the of mind the however, in were, himself including boys the of All disposal. his at not thus his, not inherently were they them; thank the a the thank not choose hecould that realized, then boy However, the source. original the to fulness grate innate an felt boy the island, the of food the enjoying in boys, other the with living In island’sThe society bsolute being, he could also fall short of what he felt was ‘owed’ based on the axiom. Thus Thus axiom. the on based ‘owed’ was hefelt what of short fall also hecould being, bsolute From that day, the boys etched in a piece of timber two axioms: ‘No one shall harm an harm shall ‘No one axioms: two timber of apiece in etched boys day, the that From him helped ‘rights’, of idea and axiom same the to subscribed having boys, other The Yet, what about compensation? He held, according to the axiom and by extension his his extension by and axiom the to according He held, compensation? Yet, about what He reasoned: One boy had no right over another – he had not created him. Thus to main to Thus him. created not – he had over another right no had boy One He reasoned: between out broke fights and disagreements of Anumber calamities. the came Then reasoned boy the elaborated, had he principles first the on based and case, the being This that C though he would not wish the same for himself for same the wish not would he –though him around those or being bsolute the boy who injured him should compensate him. Yet what ‘right’ would he would Yet ‘right’ what him. compensate should him injured who boy the ustom serves as precedent’. as serves ustom ’ harmed, one could use force to deflect an attack. After such such After attack. an deflect to force use could one harmed, be not to s right bsolute being’s ‘rights’ and those of the other boys. Further, Further, boys. other the of those and ‘rights’ being’s bsolute to be the amount of fish one could gain without such an such without gain could one fish of amount the be to no say no hehad that heheld existence, into boys bsolute. Thus he came to the conclusion that that conclusion the to hecame Thus bsolute. Shari ʿ ah bsolute that he had not yet realized. yet not hehad that bsolute it for himself. it for , natural law and the original state original the and law , natural bsolute being had afforded him him afforded had being bsolute : H e seemed innately innately e seemed over over to to 45 - - - - . Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 that the axioms and the tradition were consistent with what had been practised. been had what with consistent were tradition the and axioms the that him to surprise no as it yet came amessage, such of recipient the be to surprised was boy The a the avoice from ens, of the axioms are of greater importance than the axioms. the than importance greater of are axioms the of objectives The articulated: was Boys of Island the of philosophy legal the Hence axiom. the of objective the meet to adjusted been had ‘law’ the acase, such In through. seen were axioms the as long so needed when and where made be to dispensations for allowing born, was ease’ brings ‘Hardship axiom: the Thus guarantee. and delivery of atime include, to boat the of expected was what of specification afull customer the provide they that proviso the with but boat unbuilt an sell could Sellers re-evaluated. was judgement the such, As position. unfair aseemingly in build, to skill the with one the seller, the put to appeared This interested. potentially was buyer no if build to risky highly and difficult it find boy a would fishing, for boat a new constructing in involved time and costs great the However, given sold. be could it before first built be to ought aboat that be would expectation default the absent, was that something sell to unfair was it that the judgement on Based fishing. go to aboat buying was example such One axioms. the of light in made judgements past of considerations new tailed on his purchase. Therefore, such practice was stopped, and the seller returned the buyers money. buyers the returned seller the and stopped, was practice such Therefore, purchase. his on collect not could buyer the as transaction, unfair an deemed was this fairly, others treat to was iom ax an As morning. that catch to expected he what on based sale the made had but fish, no caught over required. where reminder quick and asmall as acting some, intention’. by considered are ‘Actions born: was axiom removed’. be must ‘Harm became: axiom be ‘ must axiom, first the of virtue circumstance’. impinging an to –due sake own its for Bad though acceptable be ‘An can act premise: its circumstance, in based –one perspective of and in though acceptable, was spears the throwing case, this in that, reasoned boy the Thus harm. agreater in result would anything doing Not nearby. trapped boys younger the kill no no that was axiom the While animal. wild the spear to attempted they if boy the of death the it meant realized others axiom. first the of place very the challenged that occurred event an Then become. would ‘laws’ of list the longer the axiom, innate their against went Ahmed Izzidien Ahmed 46 itself a Bad act. The spears were cast, both animal and boy perished. Thus was born a new anew born was Thus perished. boy and animal both cast, were spears The act. aBad itself Here ends the story. the ends Here As the boys grew older, it was said that the boy, now a man, heard a voice from the heav the avoice from heard boy, the now aman, that said it was older, grew boys the As As the number of those on the island grew, new circumstances came about. These en These about. came circumstances new grew, island the on those of number the As out broke disagreement day a One caught. often were fish the where grown had A market to useful became This wood. of plank the into etched be to continued axioms These fourth The Good. was intention appeared their as punishment, faced boys the of None by circumstances, such that was axiom the and this between distinguisher main The One of the young men had been caught by a wild animal. Armed only with spears, the the spears, with only Armed animal. a wild by caught been had men young the of One that boys more the that realized he quickly and him to new was etching such of idea The brethren what you self’. love your for what brethren your for ‘Love tradition the to according lived best are laws These authority. has Custom ease. brings Hardship doubt. with lifted not is Certainty intention. by are Actions lifted. be should Harm harm. of reciprocation the nor others harming no be should There an order of fish. One boy had paid another for some. However, as it transpired, the seller had had seller the transpired, as it However,some. for another paid had boy One fish. of order bsolute. A set of axioms was revealed. They were: They revealed. was axioms of Aset bsolute. one is to be harmed be to is Thus the third third the removed’. Thus possible, where and, avoided actively , they knew that the animal would turn and and turn would animal the that knew , they – - - - Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 ren what one wishes for oneself’, appearing in the sayings of Muhammad; of sayings the in appearing oneself’, for wishes one what ren of Islamic jurisprudence ( jurisprudence Islamic of axioms major five the with line in are boy the by at arrived axioms five the that appear It may boy have the religion? Does the the of nature the from maximally gain to poised was nature his that held boy the story, our In Why was the boy marooned onthe island? chapter now turns to the opinions voiced by interpreters of the Qur the of interpreters by voiced opinions the to now turns chapter God. of grace the outof came that one was existence his that him to it appeared Thus to. come hehad axiom the with line in and fair both appeared society his and heowed God he felt ‘rights’ The unfairly. treated being themselves of idea the by repulsed were who boys the among Machiavellian the with will attain characteristics that match their choices (91:9). The highest virtue in life is given given is life in virtue (91:9). choices highest The their match that characteristics attain will (2:251; on 2 going life to integral is circumstances these of each and (2:286), person’s capacity each within be 47:31; will 3:141). circumstance Each mine or purify ( purify or mine key terms used in the Qur the in used terms key meal affair: verses appeared in the context of situations. of context the in appeared verses affair: meal Qur the in used often is ‘reminder’ term the that given especially of, aware innately were humans what of minder’ a‘re of one Muhammad, Prophet the by explained law, as and religion of nature original Was the ask: to some led have these of law. All Islamic of spirit the of aformulation being themselves’, laws the than consequence greater of are law the behind objectives ‘the that phy philoso legal the belief; Muslim the of attestation the being God, of absoluteness and unity system, but pointed to the elaboration of a basic legal structure. legal abasic of elaboration the to pointed but system, theological or intellectual instruction, attain truth. attain instruction, intellectual or theological any without could, mind human the that Yaqzan ibn Hay of story the with demonstrate Tufayl (d.581/1185) Ibn Indeed, reason? from away shy law, must one as such categories, other for that case the it be should why heposits, Thus, deduction. rational on rest can God, in belief as such belief, of tenants main the that agreement wide in are Islam of texts. defining having of need Qur the of audience ʿ of imperatives the canon, aset of lack the With justice. of imperative the of constituted being basically as law true to what they hold to be innately good and rightful (33:24; 39:9; 3:140, 142, 166; 9:16; rightful and 29: good innately be to hold they what to true are they whether know, to themselves, for come 3:186; will 6:165; they so 21:35), doing in and (67:2; bad and good between choose to them allow that circumstances experience will They right. and good be to know already they what with line in both is that alife live to portunity and the views of the literature held on this topic. this on held literature the of views the What of the Islamic source material on this question of ‘why God created the world’? The The world’? the created God ‘why of question this on material source Islamic the of What Reading through the Qur the through Reading In legal terms, the revelation of the Qur the of revelation the terms, legal In (d.595/1198) (d.595/1198) Rushd Ibn philosopher legal the Indeed, The crux of the verses appear to revolve around God creating humankind to have the op the have to humankind creating God around revolve to appear verses the of crux The a God’s method ( method God’s bsolute bsolute b eing. The boy’s nature innately favoured Good over Bad. This was true even even true was This over Bad. Good favoured innately boy’s The nature eing. tam (justice) and qi and (justice) adl ․ h sunnat Allah sunnat ʾ ¯s ı¯ ․ an was assumed to be naturally familiar with these terms without the the without terms these with familiar naturally be to assumed was an ʾ ), to reward ( ), reward to an to describe itself and the message (6:90)? message the and itself describe to an al-qaw ʾ an are: to make apparent through circumstance ( circumstance through apparent make to are: an ʾ an a¯ ). I will summarize my view of these here before producing producing before here these of view my summarize ). Iwill ʿ interspersed verses comment on the area. the on comment verses interspersed sixty-two id al-fiqhiyya al-kubr al-fiqhiyya id li-yajz ․ s ․ t (equity) were mentioned without being defined. The defined. being without mentioned were (equity) ı¯ ), to know ( ), know to ʾ an is remembered by the community as apiece as community the by remembered is an 2 :40). Through these decisions, individuals individuals decisions, these :40). Through 5 Shari a¯ ): li-ya 1 the tradition ‘to wish for one’s for breth wish ‘to tradition the ʿ 3 ah Qur ʿ makes an observation that scholars scholars that observation an makes lam , natural law and the original state original the and law , natural ), God’s blessing ( blessing ), God’s ʾ anic laws did not constitute a constitute not did laws anic 4 The Qur The ʾ an on this topic. this on an ʾ an often spoke of of spoke often an 2 yabtal the uniqueness, uniqueness, the ni attempted to ı¯ ʿ ), deter to mat Allah mat 6 The The 47 2 ), ), ------;

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 ( its absence from the actual text of the Qur the of text actual the from absence its ( or against the person ( person the against or for proof establish to God for it allows so doing in that said further have interpreters Some ( rulings legal the such, As similarity ( similarity apparent the to due used be to term the allowed individual the to testing appeared that ation a situ in being interpreters, some of view the In punishment. or reward for qualify realized, humankind. The two terms have often been presented within tafs within presented been often have terms two The humankind. He is testing a group of people. of agroup testing He is if as it appears whereby acircumstance creates God that mean to terms two these understood interpreters many occur, will what of foreknowledge the has God that held theology Islamic of schools you’. main test the He may As that ‘So and usage of the terms, whereby these terms are ‘borrowed ( ‘borrowed are terms these whereby terms, the of usage early the in itself rooted interpretation This knowledge. hidden otherwise such from gain may they that so nature own their themselves for witness to aperson allow to are through goes one that circumstances you’, to difficult which apparent in ‘[He] and makes apparent’ ‘[He] makes ( interpretations the all use ( all humans – given that the phrase ‘to the worlds’ ( worlds’ the ‘to phrase the that –given humans all Q. 21:107 with with the laws He has sent (5:6), but mercy (22:107) and grace (2:150). grace (22:107) and (5:6), sent mercy but He has laws the with Qur (3:108; anyone to 28:59 unfair be never 39:35).will 35:30; God (53:31; choices their for fairly rewarded be will everyone and 25:56) (6:90; such of them remind to as so (7:29, 33; 6:151–152; humankind to prophets sent God mercy, 55:9). His In murder of abhorrence and justice of virtue the as –such rights with 46:3) (6:32; 44:38; truth (51:56; God 2:21 worshipping and knowing witnessing, of that as Izzidien Ahmed 48 ( commands ordinary their both Islam, of completed Q. 5:3 Hajj, their completed had Muslims early the When Why create island? an to quote from quote to not ‘pass’. not taken with this understanding, understanding, this with taken been have to seen be can test’ ‘to way. phrase The rightful aparticular in act to someone to act of] takl of] act [the is with left are we actually What God. to respect in impossibility an is testing of nature that is hidden’, is that mercy ( mercy repetitive. tafs the of much that given –especially discussion the to adds that one tazkiya ta yusr f a¯ The Qur The The second way of interpreting these two phrases, yabtal phrases, two these interpreting of way second The to been has interpretations the presenting and considering in methodology chapter’s The interpretation the in found thought of schools main the now consider will chapter The s ʾ )’ an was also sent as a reminder that God wishes not for people to experience difficulty difficulty experience to people for not wishes God that areminder as sent also was an ı¯ r 11 ) literature of these verses. these of ) literature and the narration ‘I was sent with the h the with sent ‘I was narration the and ) and ease ( ease ) and ra ․ h 17 His blessing and grace. This has been interpreted as the completion of the tenants tenants the of completion the as interpreted been has This grace. and blessing His ma ı¯ It is of note that the phrase ‘to test’ appears throughout the tafs the throughout appears test’ ‘to phrase the that note of It is mush f ʾ (assigning duty)’ ­(assigning an often uses the term yabtal term the uses often an ). those interpretations ( interpretations those 13 19 indicating that the essence of the message and its laws was one of mercy to to mercy of one was laws its and message the of essence the that indicating a¯ and in commenting on Q. 6:165, to indicate that it refers to ‘the manifestation manifestation ‘the to it refers that Q. on 6:165, indicate to commenting in and baha yusr ). Articulated in his tafs his in ). Articulated ) – in line with the narration that the ‘Religion ( ‘Religion the that narration the with line ) –in qiy a¯ taf m al- a ․ h a¯ 15 k s – assigning duty ( duty –assigning ı¯ a¯ r ․ h 16 m ) referred to in this footnote for each of the verses, the of each for footnote this in to ) referred ujja whereby the test would determine if one ‘passes’ or does does or ‘passes’ one if determine would test the whereby ) were seen as effectively one that brought a purification purification a brought that one effectively as seen ) were taf ) and that such allows for actions, which in becoming becoming in which actions, for allows such that ) and a¯ s ı¯ r ı¯ ) that present a unique ‘added value’ to their peers, peers, their to value’ ‘added aunique present ) that and yabtal and ʾ an. ʿ az ı¯ ․ 18 r a¯ comments that ‘the ‘the that comments 606/1209) (d. , al-Razi anafiyya al-sam ʾ im takl ) and dispensations ( dispensations ) and li-l ı¯ ı¯ f yakum ʿ ) being the act of giving responsibility responsibility giving of act the ) being a¯ musta lam was revealed, indicating that God God that indicating revealed, was ı¯ n ʿ to refer to a reason for creating creating for areason to refer to ı¯ a¯ and yabtaliyakum and ) refers in the verse to the word word the to verse the in ) refers ․ h ra a ) to make apparent something something apparent make ) to ’, ’, ; 41:46 ; ; 5:97) in a world created in in created aworld in ; 5:97) 12 one that is in accordance accordance in is that one ı¯ literature as ‘He tests’ ‘He tests’ as r literature 7 ı¯ ). The message of the the of ). message The literature is at times times at is r literature D rukha ı¯ ı¯ literature despite despite r literature n ) of Allah is ease ease is Allah ) of ․ s , was given as: as: given , was ) 9

– its laws. – its 8 but only only but 10 14 -

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 ments ‘what outwardly appears as a difficulty is in actuality a blessing ( blessing a actuality in is adifficulty as appears outwardly ‘what ments next turns. To chapter the theology. these Islamic on books in documented been have this expressing of them. for grace and ease facilitates but subjects, its ‘test’ to intend not does that one law, as Islamic of ontology an to point to appears This area, will focus on the legal element. legal the on focus will area, its of virtue by chapter, this literature, the in found be can reasons these of account a detailed While making. law and law for reason the of atheory build to which from apremise had then hardship or illness with afflicted being as such humans, testing situations to refer to used often is term the Rather, making. law or law ( prescient and need, without omnipotent, be to believed is God as benefit, own God’s for not and person the of benefit the ʾ through them He puts people, His loves God ‘If that tradition the quotes He also discerning’. as a blessing ( ablessing as God’s Will and that He created the world out of wisdom and grace ( grace and wisdom of out world the He created that and Will God’s it was believed schools Athari and Maturidi The acts. God’s of any to areason attribute to sound theologically not it was that held They chapter. the in on further detailed be will as it taf inclined spiritually more the in especially tied, been has oneself of knowledge Such circumstance). the undergoing term the out’. acted Indeed, it is after except individuals to spiritual levels of people, the phrase phrase the people, of levels spiritual the knows already God Since gifts. God’s of use making their in intellect the of measure the of ing’, the chapter now turns to four schools of thought that emerged in in emerged that thought of schools four to now turns chapter ing’, the a of indication an as Bad and Good of element an recognize to ability his with along Absolute’s, the to opposite the being as nature own his viewed story the in boy the While The island in Muslim theological literature compelled to act in this manner. this in act to compelled was God that rather but choice of out not was wisdom such that believed Atharis, and turidis Ma the like Wisdom His of expression an and Will God’s be it to believing however, while abl also has been defined as istikhr defined been has also ʾ term the and impurities, remove to it down melting by gold of purity and essence the to on the question of why God created humanity created God why of question the on create, or put differently, the ultimate reason for God creating ( creating God for reason ultimate the differently, put or create, to God ‘motivated’ what of question the on views different had They creation. of need in not Athari and Mu and Athari a ibtil , although they held that there was a concordance between God’s Will, grace and wisdom, wisdom, and grace Will, God’s between aconcordance was there that held they , although ․ h a¯ k Although the boy came to this conclusion on ‘his being in the cosmos’, a number of ways ways of cosmos’, the anumber in being ‘his on conclusion this to came boy the Although Each school expressed its reasons for taking these views, and in taking these views, they they views, these taking in and views, these taking for reasons its expressed school Each Qur the in nowhere that note of be also It may for is outcome the that conclusion same the however, do, to come interpretations Both The Ash The The four schools of thought that this chapter shall consider are the Ash the are consider shall chapter this that thought of schools four The All of these schools held that God created humankind through His Will, and that God is is God that and Will, His through humankind created God that held schools these of All hu Allah ibl hu Allah a¯ a¯ m ʾ ’. ). The term ibtil ). term The 20 Indeed, the term itself formulated as bal as formulated itself term the Indeed, ʿ aris believed that it was purely God’s Will, with no reason of any kind behind behind kind any of reason no with Will, God’s purely it was that believed aris ni a¯ ʿ ʿ ʾ tazili. Each attempted its own reasoning ( reasoning own its attempted Each tazili. ma an wa-bal an ), as it allows a person to gauge themselves. Qushairi (d. 465/1073) com Qushairi themselves. gauge to aperson it allows ), as a¯ s a¯ ı¯ r does not seem to appear in the recorded Sunnah in reference to to reference in Sunnah recorded the in appear to seem not ʾ does such as Ibn ʿ Ibn as such a¯ ʾ an . ’ (when God blesses a person with something). with aperson blesses ’ (when God a¯ j m 24 a¯

balw ʿ ind al mubtal al ind Ajiba’s a¯ was used, as it (a person’s inner level) does not appear appear not does level) it (a person’s as inner used, was (d. 1224/1809) (d. 1224/1809) . ı¯ (making apparent what is within the person person the within is what apparent (making a¯ ʾ indicates a blessing ( ablessing indicates ʾ Shari an is ibtil is an , or even in receiving good (21:35). good receiving in even , or ʿ ah ijtih al-bal , natural law and the original state original the and law , natural and and a¯ a¯ used to refer to legal rulings rulings legal to refer to ʾ used d a¯ ) on the topic. the ) on al- ʾ has been defined as coming coming as defined been has al- ʿ illa al-gh illa tafa ­Baydawi’s ni ․ d ․ ʿ d early early ni ma ul ʿ ). ma 21 and minna and a¯ 23 ʾ iyya Muslim history history Muslim that happen to to happen that The Mu The ) since it is said said it is ) since (d. 685/1286) (d. ʿ ari, Maturidi, Maturidi, ari, ). ) to the the ) to ʿ ‘bless tazila, ibtil 49 a¯ 22 ʾ - - - , ,

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 ․ ․ ․ a number of Shi of a number sion on n on sion man for them commanded He rather, Himself; from harm repel to nor Himself, to benefit bring to order in creation command not did God that held they Furthermore, observable. and apparent made is thing ibtil of notion the considered school how each inform to rewarded or punished. or rewarded of a position in was humankind Rather, humankind. for benefit wanting God to due be to said be not could God from rulings and God. to apparent not person, the to apparent ibtil that held Maturidis The benefit. own their for God from rulings and messages sent were humans that stance the took then they grace, and wisdom to due created God that namely Atharis, and Maturidis the of view the h revealed texts appear (the Shar appear texts revealed ( knowledge of elements that opined of of Mu the For siderations. and in either ant) h were qualifications describe to used terms technical The them. between discussion of point a was discern could one which to degree The scripture. without bad and good between cern Izzidien Ahmed 50 theology. Islamic in parallels its has that ontology an and ‘Good’ former the termed and not, he would acts and others on wish hewould that acts between discern to began axiom, his boy, the using When and theThe good in living bad onthe island ( takl Mu on. further discussed be will as rulings, God’s and wisdom efit, Thus, for example, to the Ash the to example, for Thus, tion. alloca such necessitates anything because not and Will His on based category either into fall things makes only God bad. or good inherently is nothing that position the took hand, (unpleasant) have the capacity of causing benefit ( benefit causing of capacity the have (unpleasant) ha revelation until distinction this to according judged h revelation. without anything to humans obliged that nothing was there that held they only which legal determinations can be made. If one were to include in this legal determination determination legal this in include to were one If made. be can determinations legal which imti usn usn usn ․ h It is of note that the answer to the question on ‘the reason for God acting’ then went on on went then acting’ God for reason ‘the on question the to answer the that note of It is The chapter next considers the ontological authority of reason, being central to adiscus to central being reason, of authority ontological the considers next chapter The Ash the with Whereas For the Mu the For The Mu The on law. Acts that are considered h considered are that law. on Acts This distinction abearing has discern to ability an had reason human that position the took Maturidis and Atharis The ı¯ asan ․ f (pleasantness) from qub from (pleasantness) (pleasantness) and qub and (pleasantness) (pleasantness) and qub and (pleasantness) h 29 as required as of being ‘bad’ after God revealed that qualification to His Prophet. Legally, Legally, Prophet. His to qualification that revealed God after ‘bad’ being of label the has a¯ They believed that the ʿ the that believed They n (pleasant) and qab and (pleasant) ). 27 atural law and Islam. and law atural ʿ tazili, Maturidi and Athari schools all accepted that one could, to a degree, dis a degree, to could, one that accepted all schools Athari and Maturidi tazili, ʿ tazilis, Maturidis and Atharis, acts are either h either are acts Atharis, and Maturidis tazilis, in order for the believer to gain reward or punishment for carrying out acts acts out carrying for punishment or reward gain to believer the for order in ʿ (d. 128/746) (d. b. Safwan Jahm to attributed often It is Yazidiyya. a and of themselves, or due to an inseparable characteristic, or due to other con other to due or characteristic, inseparable an to due or themselves, of 26 ʿ tazilis, textual revelation is solely to make clear those characteristics characteristics those clear make to solely is revelation textual tazilis,

However, Ash ¯h ı¯ a¯ ʿ ․ ․ h ․ h ari ari fi ․ (unpleasant). This view was also taken up by the Karamiyya and and Karamiyya the by up taken also was view This (unpleasant). h (unpleasantness). (unpleasantness), however, they also held that people cannot be be cannot people that held also however, they (unpleasantness), (benefits) for humankind, and so that the consequences become become consequences the that so and humankind, for ʿ (benefits) (unpleasantness) without revelation. The Ash The revelation. without (unpleasantness) ʿ 28 aris, aris, view ʿ aql ), that the intellect is able to discern ‘good’ from ‘bad’, and and ‘bad’, from ‘good’ discern to able is intellect the ), that (intellect) does not indicate the h the indicate not does (intellect) being unfair , that God did not create based on a reason – messages –messages areason on based create not did God , that ma ʿ ʿ ari scholars did accept a concordance between ben between aconcordance accept did scholars ari a¯ a¯ rif was in reality used as a metaphor for when some when for ametaphor as used reality in ʾ was takl ) can be known with the ʿ the with known be ) can 25 is not inherently definable as bad or good but but good or bad as definable inherently not is ı¯ f ma (responsibility) for which they would be be would they which for (responsibility) ․ s lah ․ a its say on the matter. the on say d its ) or harm ( harm ) or a¯ (to test/to make apparent). Given Given apparent). make ʾ (to test/to the the ․ asan latter ‘Bad’, he began to define define to he began ‘Bad’, latter (pleasant) or qab or (pleasant) ․ mafsada usn ․ asan ʿ nor qub nor tazilis further viewed viewed further tazilis aql ) respectively, upon upon ) respectively, (pleasant) or qab or (pleasant) ʿ (intellect) before (intellect) aris, on the other other the on aris, ․ h of anything. anything. of ¯h ı¯ ․ (unpleas , who , who ¯h ı¯ ․ ------

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 also be considered with the statement of the Qur the of statement the with considered be also may This pre-revelation. present already was principle, in character’, ‘good that indicating Malik Muwatta the in reported is be to expected is how law and law of aframing of indication innate adegree to is that something is equitable remained. Companions of the Prophet such as ʿ as such Prophet the of Companions remained. came the change of the ruling, yet the universal principle of ma of principle universal the yet ruling, the of change the came and how natural law concepts began to manifest in the Islamic legal tradition. legal Islamic the in manifest to began concepts law how natural and ( benefit of determination no and reason such no that view the from distinct is that –one is What makes for onthe law island? humankind and dom wis for ultimately was creation for reason the that Maturidis, and Atharis the of view the selves after the Eid and beyond three days. three beyond and Eid the after selves them for meat now store could Companions the that meant absence their that and Medina, in time the at need in people of presence the to due was command initial the that replied Prophet the which to stood, still aruling such if Prophet the asked years later in Companions The remained. what donate to but Eid, the after days three than more for meat keep to not principles. universal these from stem that prosperity and justice, reasonableness, the maintain to were objective and intention their that texts, same the within maintained, often rulings Yet these guidance. seeking Muhammad to response in sometimes situations, of context the in them. defining legally without justice of principles universal as appear what tradition. Muslim the in discourses theological and legal within theme consistent a is revelation, and reason of non-conflict the of affirmation, This him. to revealed was what with hand in hand go to appeared at hearrived axioms the To story, the in boy the and what he said as a Prophet – all such differentiations having legal implications. legal having differentiations such –all aProphet as hesaid what and ajudge, as hesaid what aleader, as hesaid what being, ahuman as said Prophet the what ­between justice and equity of what the Prophet said depending on context ( context on depending said Prophet the what by by shares inheritance some of reclassification the inheritance; in ‘siblings’ the of that of instead ‘grandfather’ of category the of inclusion Bakr’s Abu on: early practised and accepted was approach an such indicate to appear that Companions the of time the from cited been have cases Numerous text. the of objectives the in aloss in resulted have them, to would, text Qur the in found ruling a textual avoid applying times at would They methodology. this employed source texts. against went that practice of examples cited all are by. abide to These craftsmen ordered ʿ that guarantee the bed; death his on her divorced had –who ex-husband treasury); the ma Shihab al-Din al-Qarafi al-Din Shihab Indeed, a nature of Prophethood appears to indicate that legislation to what is just and and just is what to legislation that indicate to appears Prophethood of anature Indeed, In the next section, the chapter considers the question of what indeed is required for law, for required is indeed what of question the considers chapter the section, next the In As an example of a form of contextual ruling, the Prophet had asked the people of Medina Medina of people the asked had Prophet the ruling, contextual of aform of example an As appeared rulings their in specific hadith and verses Medinah, to migrated Prophet the As Qur the in seen Principles ․ ʿ s Umar; the selling of lost camels by by camels lost of selling the Umar; lah ․ , which a ) or harm ( harm ) or ʾ an or Sunnah because the context had changed. Applying the literal meaning of the the of meaning literal the Applying changed. had context the because Sunnah or an 31 To them, the change they enacted allowed the law to remain true to principles principles to true remain to law the allowed enacted they To change the them, stating stating ʿ Uthman allowing the Companion Tamdur al-Asadiyya to inherit from her her from inherit to al-Asadiyya Tamdur Companion the allowing Uthman mafsada such indicating that a qualification of these principles was possible. was principles these of aqualification that indicating such , all that the Prophet said that he ‘was only sent to complete good character’, character’, good complete to sent only he‘was that said Prophet the that ’ s own benefit, one arrives at a perception of what law and law making making law and law what of perception at a arrives one benefit, s own ) are possible by humankind. by possible ) are (d. 684/1285) ʾ an (17:15;an 53:39; 5:1; 58 2:188; 4:28, , a 13th-century jurist, took to differentiating between between differentiating to took jurist, , a 13th-century ʿ Uthman b. Uthman 30 With the change of context and public interest interest public and context of change the With maq . A hadith in this regard that may provide an an provide may that regard this in . Ahadith Umar, Umar, ʾ an describing itself as a ‘reminder for the the for a ‘reminder as itself describing an a¯ Shari m ʿ a¯ Affan (whereby proceeds would go to go would proceeds (whereby Affan t al-khi ʿ ʿ ah Uthman and ʿ and Uthman , natural law and the original state original the and law , natural ․ t a¯ b al-nabaw ; 17:34; 173 2:283, ․ s lah ․ a ( Ali appeared to have have to appeared Ali benefit/well-being ı¯ ) – differentiating ) –differentiating Ali b. Abi Talib Talib b. Abi Ali 32 ) all posit posit ) all of ʾ of 51 - - ) Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 fairness and commonsense. and fairness reasonableness, by driven equity, of amethod as employed being it as sees Wael Hallaq theory. ra the of vestiges as some by regarded be to come has and utility; public or expediency of judgement human independent represented originally have to appears was driven by reasonableness, fairness, common sense common fairness, reasonableness, by driven was isti as known became that law, at amethod arriving for method ʿ ʿ Prophet the of Companions scholar the by practised was what with Indeed isti school. Hanafi the in early appeared mechanism The rulings. legal reaching as the ahl al-ra ahl the as Especially texts. the understanding of methodology a It offered schools. Hanbali and Maliki the –within portion smaller in –albeit itself found it also although part, most the for school to commonsense. to appealing and practicable more but systematic, less formally been have might which a doctrine of favour in or justice, and equity of considerations of favour in one justice, and interest human the agent with a considerable amount of discretion. of amount aconsiderable with agent the universal principles. However, a second school, the School of the Texts ( the of School the school, However, a second principles. universal as that of reasoned opinion ( opinion reasoned of that as discretion. and reasoning individual to itself a problems. legal specific address to order in injunctions revealed of body alimited and Muslims, prior of practices the precedents, local judgement, good interrogating of rather, but pretation, inter textual of matter a primarily not was Islam of centuries second and first the in ture ( rulings at Arriving making. law of record historical the in early appears injustice, and oppression of prohibition the as such universal, and ‘natural’ were memory. to committed remained Hadith the Much of form. full in on passed and memory to committed being as well as Prophet, of the Qur the of collection the to different was This sayings. Hadith the all recording avoided Prophet the prescriptive. than descriptive and corrective more was mission prophetic the that indication an form to begin may Prophethood of worlds’. positioning Such Izzidien Ahmed 52 The The The al- ahl not appear to be directly based on revealed texts. revealed on based directly be to appear not did that reasoning involved which of both harm, most the mitigating and good most the one that also included the full record of memorized and written records of the Sunnah. the of records written and memorized of record full the included also that one Qur the on more based one method, another develop whereas the school of ra of school the whereas texts, the of meaning literal the on often was focus law. Their and theology in authority tural Umar b. al-Khattab, among others. This form of reasoning also manifested itself in a specific aspecific in itself manifested also reasoning of form This others. among b. al-Khattab, Umar ․ h k In considering the Hanafi school specifically, one comes across isti across comes one specifically, school Hanafi the considering In According to Khaled Abou El Fadl, justice and equity, as ultimate goals, tend to endow endow to tend goals, ultimate as equity, and justice Fadl, El Abou Khaled to According Thus one arrives at what appears as a theory of law, fluid and flexible, based on a number of number ona based flexible, and law, of fluid atheory as appears what at arrives one Thus The use of pure logical reasoning developed thereafter to form a school of thought known known thought of aschool form to thereafter developed reasoning logical pure of use The The view that early law relied on reasoning that was anchored in a few principles that that principles afew in anchored was that reasoning on relied law early that view The evolve, and change contexts and societies which in nature fluid the given that be It may a¯ (rulings) has been attributed to the Prophet, which may imply that revelation also lent lent also revelation that imply may which Prophet, the to attributed been has m (rulings) ahl al-athar 33 ʾ an, where verses were written down by companions on parchments at the time time the at parchments on companions by down written were verses where an, a thar ʾ or a or i were accepting of the Hadith. Hadith. the of accepting i were 38 and an effect onthe character and an effect of law ․ s h a¯ b al-hadith ʾ often focused on reasoning in order to arrive at a ruling that was in in was that aruling at arrive to order in reasoning on focused i often 37 Ibn Rushd defined isti defined Rushd Ibn ahl al-ra ahl , as they also were known, were proponents of entirely scrip entirely of proponents were known, were also they , as ʾ i ). The school also considered its method to be in line line in be to method its considered also ). school The 36 ․ h The school then evolved into the Hanafi the into evolved then school The s a¯ ʾ an and Sunnah in their fullest fullest their in Sunnah and an n 34 35 as being, in most cases, an attention to to attention an cases, most in being, as The acceptance of disagreement on on disagreement of acceptance The and ma and ․ s ʾ lah ․ h i which survived in classical classical in survived which ․ s a¯ a ( (juristic preference). It preference). n (juristic Abdullah b. Ma Abdullah a benefit ․ h k ․ h ahl al-athar a¯ s a¯ m n ) based on scrip on ) based as a method for for amethod as ) set as deriving deriving as , set ), began to to ), began ­capacity ʿ sud and and sud ․ h s a¯

– n - - - Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 when in a state of anger ( anger of astate in when judging from refrain ‘A must judge hadith: the of considerations juridical the on discourse need. in are who those to provision of one as aruling such behind reason the seeing instead, charity in given be to al-ra ahl the whereas categories, these ahl al-athar The wheat. and dates manoeuvre the texts based on the principal reasoning as they see it. see they as reasoning principal the on based texts the manoeuvre they Hence, adistraction. be to not as so enough little is anger that as long so anger of state a in duties their perform to judges allow they thus distraction, namely text, the from clear is lated the position that ‘the text must lead the intellect’ ( intellect’ the lead must text ‘the that position the lated formu they Thus reasoning. ajurist’s of decisions the on based dismissible utterly be would Of note, however, is his careful choice of words in distinguishing benefit ( benefit distinguishing in words of choice careful his however, is note, Of mitigation of harm based on reasoning. on based harm of mitigation shar the of objectives the of protection Eid, Eid, before just given charity the example, For revelation. of principles the of spirit the with line eration on unrestricted benefit ( benefit unrestricted on eration legal rulings. In Abu Hamid al-Ghazali’s (d. 505/111) ( benefit on deliberation al-Ghazali’s Hamid Abu In rulings. legal maq of theory the texts. source the to derivation legal and thought legal all tied essentially that rules) legal at arriving for jurisprudence of athar and and laid that (d. 204/820) the then text, over the precedence given is intellect the whereby reverse, in set is premise the if that was epistemology this for reasoning The anger’. with was (d. al-Jassas Bakr Abu student his (d. 340/952) and al-Karkhi al-Hasan Abu (d. and 221/836) fa form the used having itself, text the from comes actually qualify’ not does anger ‘little conclusion the that argue they texts, the within manoeuvre to solely foundation went on to give rise to to rise give to on went foundation restricts it to ‘the upkeep of the intention ( intention the of upkeep ‘the it to restricts

A second illustrative example of how the two schools approached a text can be seen in a in seen be can atext approached schools two how of the example illustrative A second It has been suggested that, given the debate in the third/ninth century with ʿ with century third/ninth the in debate the given that, suggested been It has ( mind the whereby school, based textually the with this contrasts one If Where no texts existed on a matter, and no analogy or use of consensus could be made, made, be could consensus of use or analogy no and amatter, on existed texts no Where 370/981), a method to stem and constrain reasoning in ma in reasoning 370/981), constrain and stem to amethod needed by the ahl al-athar the by needed ijm thus any ma any thus ijm it, rather one must accept definitively that it is indeed a proof. a indeed is it that definitively accept must one rather it, following in adisagreement for reason no is there then law-maker, the of objective the of a‘ rather analogy’ and Sunnah, Book, the of intention an [indeed] is it that knowledge the us affords then this such a case, the ma the acase, such ultimately protects ashar protects ultimately and its followers began to formalize all aspects of law, setting up u up law, of setting aspects all formalize to began followers its and zakat al-fi a¯ a¯ (consensus) – two methods used by the ahl al-athar the by used methods –two ʿ (consensus) ʿ ijm , and is of the odd ma odd the of is , and a¯ and is [thus] not outside these u these outside not [thus] is ‘ –and ․ t r , is described in the source texts as being of a number of categories of anumber of being as texts source the in described , is ․ s lah ¯s a¯ ․ ․ id that does not ultimately protect an intention of the Qur the of intention an protect ultimately not does a that delineated an approach by this school of thought in order to arrive at at arrive to order in thought of school this by approach an delineated a foundation to constrain what fell outside of qiy of outside fell what constrain to afoundation ma ․ s lah ․ s lah ․ gha a ․ ] is considered false and disqualified. Whereas any ma any Whereas disqualified. and false considered ] is a mursala’ a camp. This materialized in part with the rebuttals by al-Shafi by rebuttals the with part in materialized This camp. ․ d ʿ b ı¯ ․ s (textually based) intention, then [it becomes the case that] that] case the becomes [it then intention, based) (textually a¯ a¯ al-mursala n limited what could be given in charity on this occasion to to occasion this on charity in given be could what limited li ).’ The rationally inclined school notes that the reasoning reasoning the that notes school inclined ).’ rationally The ․ h that are not consistent with the ways of the law, [then in law, in the [then of ways the with consistent not are that maq ʾ (textual sources) and not the acquisition of benefit and and benefit of acquisition the not and sources) ʿ (textual . Indeed if we interpret ma we interpret if . Indeed school allowed for other categories including money money including categories other for allowed i school ¯s a¯ ․ ), he comments, id maq (textually based objectives of law). of objectives based (textually ․ s ․ u¯ s u¯ d (principles). However, it is not termed ‘an ‘an termed not However, it is l (principles). ) of the law-maker’. the ) of Shari al-na ʿ ah , natural law and the original state original the and law , natural to arrive at rulings ( rulings at arrive to ․ ․ s s ․ lah s yasbiq al- ․ (benefit) to tie it to the text text the to tie it to a (benefit) ․ s lah 43 ․ ʿ 39 l to mean the protection protection the mean a to a¯ Shari 42 n Further, in his delib his in Further, , which implies ‘filled ‘filled implies , which ʿ ․ aql s a¯ u¯ ʿ (textual analogy) analogy) s (textual (principles (principles l al-fiqh ah ʿ ). aql 40 ʾ , in their view, their , in an, Sunnah and and Sunnah an, ma ) is supposedly supposedly ) is 41 a ․ s ma ahl al- ahl The ․ h lah Isa b. Aban b. Aban Isa k ․ ․ ․ s a¯ s a lah such as as , such lah m ) as the the ) as ․ ․ ). This ). This a that a ), he 53 ʿ - - i Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 they met. they societies new the and proximity, geographical its in fabricators of prevalence the material, source of lack the to due did it approach the took only school Hanafi the that and minor definitions. misunderstood of anumber on based largely and stood misunder (d. 150/767) was Hanifa Abu of methodology the that claimed also Some rulings. on one’s reasoning before own sources the placing of namely orthodoxy, of position held nowthe commonly to ascribed actually period early the of Hanafis the that claim to began were these that opined al-Shatibi earlier, mentioned categorization three-tier the of concept the u within mechanic maq over the precedent maq the where system athree-tier in rized ( rulings rank, and itize, or more of the following: the intellect, religion, honour, wealth and lineage. Yet maq lineage. and wealth honour, religion, intellect, the following: the of more or ahl al-ra the ahl of school the of portrayal the on effect aset. to law the of spirit the deliberations practical al-ra ahl the by used law the of spirit the on reasoning open the honour. and life protect to was law’s objective the that meant libel and murder as such acts against texts source the in given sanctions al-Ghazali, as such jurists, some to that, in texts, the of reading anegative from come have to said be may formulation textualist this Ahmed Izzidien Ahmed 54 rationalism. of form arestrained of acceptance the by turn in tempered be to hand, upper the gain to was traditionalism this century, ninth third/ the of middle the roughly and century second/eighth the of end the Between hadith. the of narrative the in expressed Sunnah Prophetic of anotion of acceptance gradual and tion prolifera the in represented traditionalism, by challenged increasingly was death Prophet’s ra rationale, to appeal the Despite authority. Prophetic and human between made be achoice that demand to appeared existence very its since discretion, human for room less leave to started approach based textually The connotations. ra and authority, Prophetic of notion the to antithetical being ahl al-athar the by framed It was opinion. discretionary expounding in had jurists freedom ahl al-athar the of authority the pronounced more the pass, to it came As Influence onthe of the late ahl al-athar ra to new similar cases that had no precedent in the Qur the in precedent no had that cases similar new to Sunnah not appear except with an inherent protection of these qaw these of protection inherent an with except appear not ajuz because two the between reconcile to away be must there that holds ajuz that case kulliyy the as particular, In these. of light in In the development of maq of development the In The The very at heart was schools two the between difference the that view the take still Many athar the of spread the that argued be It may maq of theory The maq on theory The As the chapter next shall consider, the ahl al-athar the consider, shall next chapter the As restrict to employed amethod part, in was, argued, been it has formulation, textual This kulliyy relied heavily on analogy. Thus they allowed rulings for certain cases to be extended extended be to cases certain for rulings allowed they Thus analogy. on heavily , relied ahl al-athar a¯ (overall principles), and thus any juz any thus and principles), t (overall ʾ ı¯ (subsidiary) goes against these. Should this appear to occur, then al-Shatibi al-Shatibi then occur, to appear this Should these. against goes (subsidiary) , in their derivation of rulings from the revealed sources of the Qur the of sources revealed the from rulings of derivation their , in ․ s u¯ (principles of jurisprudence) using the maq the using jurisprudence) of l (principles ¯s a¯ ¯s a¯ ․ ․ ․ s id id ad h ad a ․ h formally set that the objectives of Islamic law were to protect one one protect to were law Islamic of objectives the that set formally (d. 790/1388) (d. al-Shatibi by developed further was k a¯ a¯ m jj ¯s a¯ ı¯ ) from the vantage of the Shari the of vantage the ) from ․ (need) followed by the ta the by followed (need) id (textually based objectives of law) was an attempt to prior to attempt an was law) of objectives based (textually ․ s ad al- a¯ are among the necessities, thus it cannot be the the be it cannot thus necessities, the among t are school was so influential that later Hanafi texts texts Hanafi later that influential so was school 46 ʾ ․ i school d ar ʾ u¯ i ʾ r . iyy ı¯ , or al-mun , or were to have a profound and marked marked and aprofound have to were ʾ an and Sunnah. and an a¯ ʾ (subsidiaries) should be considered considered be should t (subsidiaries) ․ h during the first century after the after century first the i during s ı¯ a¯ n ʿ ı¯ ʿ id (luxuries). ah ʾ ʿ (axioms). inevitably acquired negative negative acquired i inevitably ı¯ a¯ itself. Rulings were catego were Rulings itself. , which did not restrict in its its in restrict not did , which sib al- sib ¯s a¯ ․ 47 id frame of reference. On On reference. of frame 48 ․ d arur This being the case, case, the being This 44 45 ʾ ı¯ became, the less less the became,

ı¯ . He elaborated a . He elaborated (subsidiary) (subsidiary) (necessity) takes ʾ an and and an ¯s a¯ ․ does does id in in as as - - - - Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 the intellect alone). intellect the generally rejected by the Shafi the by rejected generally To substantiate the claim that Abu Hanifa forgoes the Sunnah, a whole chapter ( chapter awhole Sunnah, the forgoes Hanifa Abu that claim the To substantiate attributed with believing in the ta the in believing with attributed (d. Shayba 233/849) Abi Ibn by made is occurrences these ti ahl al-athar the as principles same the enacting as jurists later by and (d. 482/1086) Sarakhsi Bazdawi Qur the by determined is Makdisi, to according preference, However, this sources. two these of one and taken to taken and ( opinion ʿ al-Qadi example, for finds, one school, Hanafi early the on made attacks the of level the Qur the in provision adirect either way same it the understood jurists late and a that is specific to that context and thus draws uniqueness ( uniqueness draws thus and context that to specific is that one considered be to is case the because implemented not is aruling where is situation second ( preferred it is such, As other. the than case the of worthy more being principles the of one tions principle. Thus he defines it as leaving qiy leaving as it hedefines Thus principle. a the with The chapter turns to the question of why there there why of question the to turns chapter The Was the later characterization of the ahl al-ra and its formulations (such as isti (such as formulations its and with skepticism by the majority of jurists as represented by the ahl al-athar the by represented as jurists of majority the by skepticism with modus school’s operandi the and Hanifa, isti of method the to opposition of amount ahl al-athar the to isti another source text. Thus the process was presented as a form of qiy of aform as presented was process the Thus text. source another on based analogy another for dismissed yet is exists, drawn be can analogy an which from athari the of viewpoint the from reference textual direct of devoid being method the to due part, ter, he placed isti heplaced ter, consider isti consider who jurists late those of ranks the (d. 631/1233) joins also Al-Amidi persists. still ruling the vociferous attacks by scholars ascribed to the the to ascribed scholars by attacks vociferous Iyad (d. 544/1149)Iyad Tartib al-Madarik his in yusta hl al-athar ․ h s ․ h ahl al-ra ahl the Thus, The more literalist jurists, Ibn Dawud (d. 297/910) and the Zahiris, also rejected is rejected also (d. 297/910) Dawud Zahiris, Ibn the and jurists, literalist more The The main reason given in the historical record for the opposition of the a the of opposition the for record historical the in given reason main The early both that view the to Makdisi John led has definition this of proliferation the Indeed, Along these lines, al-Jassas al-Jassas lines, these Along When considering the early polemics on this topic, it can be seen that there is a great a great is there that seen be it can topic, this on polemics early the considering When a¯ s n a¯ first being a case that is drawn to two different principles ( principles different two to drawn is that case a being first , the school. ․ h . n 57 san was re-characterized as being the method by which a source text text asource which by method the being as re-characterized was preference) (juristic thought it rendered it thought They ʾ an and Sunnah and not by appeal to conscience for which he gives examples using using examples he gives which for conscience to appeal by not and Sunnah and an i ) to draw the analogy from the less the from analogy the draw ) to ʿ hl al-athar tib source texts. In considering considering In texts. source before ‘opinion’ placing of accused were they that is ․ h reason ( reason a¯ s 54 a¯ r ) before the sunan and athar and sunan the ) before as little more than a form of qiy of aform than more little n as ․ h . s a¯ 56 school of thought. of school before analogy and [in doing so] has gone far [from what is proper].’ is what [from far gone so] has doing [in and analogy n before ʾ ʿ i uq , in their most characteristic method for arriving at laws, are presented presented are laws, at arriving for method characteristic most their , in u¯ l ), choosing ra ), choosing ․ (d. 370/980) h ʿ is. Al-Shafi is. s a¯ n ․ h ), if indeed it was a school that used a similar methodology methodology asimilar used that aschool it was indeed ), if s ʾ licit what God declared forbidden. Isti forbidden. declared God what licit (d. 483/1087) (d. an, Sunnah or consensus, or reasoning by analogy from from analogy by reasoning or consensus, or Sunnah an, ı¯ of the ʿ the n of ʾ . Indeed, the school of ra of school the . Indeed, i , analogy and isti and , analogy , and [in doing so] has forfeited the principle texts, texts, principle the forfeited so] has doing [in , and namely as a determination of a solution based on on based asolution of adetermination as , namely a¯ stating that ‘Abu Hanifa would put analogy and and analogy put would ‘Abu Hanifa that stating ʿ (analogy) for aqiy for s (analogy) mentions that that mentions Ibtal al-istihsan Ibtal abook i wrote ․ h worthy principle worthy s ahl al-athar a¯ aql n a¯ , to the general method employed by Abu Abu by employed method general the , to was was (declaring something pleasant by virtue of of virtue by pleasant something (declaring s . 51 . ʾ 52 i accurate? Shari such vehement opposition to to opposition vehement such . The scholars of of scholars . The ʿ ah ․ h . In addition, Abu Hanifa was also also was Hanifa Abu addition, . In takh isti s , natural law and the original state original the and law , natural a¯ (juristic preference). Thereaf preference). n (juristic ․ h ․ s s . ¯s ı¯ rather than a¯ ․ a¯ materializes in two situa two in n materializes ), even if the ʿ the ), if even ʾ that is more fitting. more is s that had become the target of of target the become i had a¯ yataj (analogy), s (analogy), a¯ dhabuhu a dhabuhu ra ( ʾ the more the were often met met often i were Annulling Juristic Juristic Annulling . 53 hl al-ra hl ․ h This was, in in was, This illa s 49 a¯ kit one in line line in one n (cause) for for (cause) ․ s was also also was a¯ l ahl al-ra ahl a¯ ʾ b worthy worthy n by the the i by ) listing ) listing ), with ), with 50 The The 55 ʾ 55 - - - i

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 istihsan of given been has that definition best the that mentions indeed who school Maliki the of to attributed been it has nitions of isti of nitions definition is what is ma what is definition this that 646/1249) saying as (d. al-Hajib Ibn express’. quotes He to difficult but received no fewer than seven of the leading scholar Companions. scholar leading the of seven than fewer no had Kufa Basra. and Kufa visited or in lived had Companions the of Most Prophet. the of regions the of one was Iraq that fact the by countered been concludes by mentioning al-Shafi by mentioning concludes he However, differently. it defining each themselves, among differed Hanifa Abu of school the of members later that claims He then evidence. without opinion own their on based prefers never more than a form of qiy of aform than more never athar the with line in more of isti definition original the reformed deliberately jurists later that claimed a the of some it? Indeed, against backlash aheavy there was why (analogy), y It may be suggested that irrespective of whether isti whether of irrespective that suggested be It may Taqb Preference Izzidien Ahmed 56 law. the of determiner sole the as role God’s of usurpation heretical it with equating legislated)’, has whelming opposition to isti to opposition whelming al-Shafi hence, and reasoning, of form this to opposed those by expunged wholly scholars who used ra used who scholars ahl al-athar the of geography the within asked, why did the early ra early the did why asked, to. refers ‘other’ term the what mention not does Al-Amidi means. other isti lists Amidi the claim that such was their actual school of thought. of school actual their was such that claim the from parting polemic by stating that isti that stating by polemic first Furthermore, without a degree of qualification of the outcome, a degree of ta degree a the outcome, of qualification of adegree without qiy first the enacted have not would jurist the arguably sway, then jurist the made that text outcome qiy one that decide an element pleasant or unpleasant), in the mind of the jurist? the of mind the in unpleasant), or pleasant element an the outcome of the h the of outcome the a¯ (analogy) or otherwise, it still does not appear to answer the question the answer to appear not does it still otherwise, or s (analogy) Even the claim that few sources existed at the time and location of the early school has has school early the of location and time the at existed sources few that claim Even the This opposition by al-Shafi by opposition This Makdisi, as mentioned previously, stated that al-Amidi supported a view that isti that aview supported al-Amidi that stated previously, mentioned as Makdisi, Yet ra with Had Had It appears, whether directly or indirectly, that a jurist here is enacting ata enacting is here ajurist that indirectly, or directly whether It appears, qiy ¯h ı¯ is that it is ‘an evidence that comes to the mind of the mujtahid the of mind the to comes that evidence ‘an it is that is . a¯ ? What is it that makes a jurist sway away from one qiy one from away sway ajurist makes it that is ? What and ta and isti seems out of place, wrong, or incongruent to the jurist. How would this be possible possible be this How would jurist. the to incongruent or wrong, place, of out s seems ) and is the author of the quote ‘ quote the of author the is ) and 58 ․ h s ․ h a¯ qiy s been as straightforward as qiy as straightforward as n been ʾ ․ h isti a¯ being seen as an expression of rationalist and utilitarian tendencies, it was it was tendencies, utilitarian and rationalist of expression an as seen i being s seem to indicate a departure from the qiy the from adeparture indicate to seem 52 onwards) (p. previously n given a¯ h a¯ . ․ s h as retracting a ruling due to the presence of a source text, consensus, or or consensus, text, asource of presence the to due aruling retracting n as s by way of human preference without any evidence. Al-Shirazi then makes makes then Al-Shirazi evidence. any without preference human of way by s ı¯ a¯ in law –itsn in law relation to natural law a¯ ․ in its later formulation is said to be enacted after enacted be to said is formulation later its n in ʾ is more appropriate than another without actually reasoning on the the on reasoning actually without another than appropriate more s is ukm such as Rabi as i such ʿ mul . Also of note are the opinions expressed by al-Hattab (d. 954/1547) al-Hattab by expressed opinions the are note of . Also (ruling) before deciding to seek an alternative qiy alternative an seek to deciding before (ruling) ı¯ ․ ʾ h school of thought. Abu Is-haq al-Shirazi (d. al-Shirazi Is-haq Abu thought. of school school avoid a straightforward definition? Indeed, recorded defi recorded Indeed, definition? avoid astraightforward i school (officially sanctioned) itifaqan sanctioned) (officially s ․ h a¯ s n a¯ a¯ is falsehood because it is leaving leaving it is because falsehood is ʿ n s i poses a question. Had isti Had aquestion. i poses . . 60 62 ʿ Yet in returning to the source text for this translation, al- translation, this for text source the to Yet returning in i and Bishr al-Marisi (d. 219/833) as having judged it as de it as judged (d. 219/833) having as al-Marisi Bishr i and ʿ (d. 179/795). (d. Malik a (d. 136/754) and , such as Medina, there emerged some of the leading leading the of some emerged there Medina, as , such man ist man a¯ s , as has been claimed, the question may be be may question the claimed, been has , as ․ h sana fa-qad sharra fa-qad sana ․ h 59 s a¯ (juristic preference) is simply aqi simply is preference) n (juristic (by agreement). (by 61 ․ h most populated with Companions Companions with populated most Furthermore, it is recorded that that recorded it is Furthermore, s a¯ n been a simple matter of qiy of matter asimple been qiy a¯ ․ h to another? If it were the the it were If another? s to s a¯ ı¯ ʿ and taqb n and s (he who adopts isti adopts who (he for that which a human a human which that for 476/1083) launches his 476/1083) his launches the outcome of the the of outcome the and finds itself well well itself finds and , how , ․ h a¯ ․ h s s s a¯ . It also assumes assumes . It also ı¯ hl al-athar n ¯h ı¯ and taqb n and ․ to something something to (considering (considering does a jurist ajurist does ʿ ․ h i’s over i’s s a¯ even even was n was ¯h ı¯ ․ ․ h on on s a¯ a¯ a¯ a¯ s n - - - - s s .

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 expiations, setting them in terms of ‘value’ instead of ‘specific types mentioned in the texts’.the in mentioned types ‘specific of instead ‘value’ of terms in them setting expiations, undertook also Hanifa Abu rationalization). without by virtue of them (the acts of worship) being ta being worship) of (the acts them of virtue by sidered by even the Malikis who practised maq practised who Malikis the even by sidered said to be present in his ta his in present be to said of ta form alleged this of effects The sequence. con that from away this re-interpret to ways of in a number tried Hanafis late ity. Although, ( obligatory of definition the forbidden), and disapproved indifferent, recommended, atory, (oblig responsibility of categories five the of definitions the in law, of example, for cussions dis their permeate to seen was This nature. within ‘bad’ and ‘good’ discernible and objective method. juristic the by limited and fettered concepts became interest public or equity custom, reason, fact, with part of the Mu the of part with line in be to appears themselves’, of creation the in and earth, and heavens the of creation the in sees person the what to due God in believing not for excuse an not is ‘Ignorance him, to assimilated into the textual sources and and sources textual the into assimilated compassion and equity, principles that the Qur the that principles equity, and compassion justice, of principles in anchored appeared making law of form This matter. the on said texts source the of some what despite justice and equity about brings which that sought jurist erations, for example, the difference of opinion between these schools on ‘God commanding commanding on ‘God schools these between opinion of difference the example, for erations, of tarj of a text; the maq the a text; of Islamic law ( law Islamic of rulings. minor on revelation of expected is what characterize quantitatively and qualitatively to able is jurist the term term thereby dismissing the text or enacting it. It is no surprise that al-Shafi that surprise no It is it. enacting or text the dismissing thereby maq the of light in atext of outcome the qualifying by error amethodological ing maq of view jurist’s the of because used be to atext allow ahl al-athar the of of legislating without the source texts – a form of natural law. natural of –aform texts source the without legislating of sedes and overrides the source texts. source the overrides and sedes a the like that, suggesting inherently are they maq the establish to text the of role the it is that position the takes rather school The a text. of (applicability) having leanings towards ta towards leanings having ahl al-athar early the why is this Perhaps text. a of framing aliteral by suggested is than reasonable more is that outcome an seeks that jurist the of assessment asubjective to due enacted not is atext whereby audacious ( analogy of aform as it only reframes w a¯ The Mu The isti of form early the that It appears However, as Bernard Weiss posits, from an historical vantage point, isti point, vantage historical an from Weiss posits, Bernard However, as The best answer to give to this question may be to say that jurist is seeking the objectives objectives the seeking is jurist that say to be may question this to give to answer best The Furthermore, Furthermore, It may be of note that this observation applies to the later definition of isti definition later the to applies observation this that note of be It may Such an opposition also appears to be in line with the accusations made of Abu Hanifa as as Hanifa Abu of made accusations the with line in be to appears also opposition an Such jib shar ) included the term ʿ term the ) included ¯h ı¯ ․ (the acceptance of one of two conflicting rules as ‘weightier’ than the other). the than as ‘weightier’ rules conflicting two of one of (the acceptance ʿ an ʿ (by virtue of the texts). the of virtue (by tazili school had its own effects on effects own its had school tazili ¯s a¯ ․ maq 65 ¯s a¯ id , including al-Ghazali, the maq the al-Ghazali, , including maq ․ Accordingly, isti Accordingly, not were one If all. at exists text source no when used be to only are id ʿ ¯s a¯ and not the reverse. Thus, in allowing a jurist to consider the outcome, outcome, the consider to ajurist allowing in Thus, reverse. the not and tazali view that did not require the presence of a prophet for responsibil for aprophet of presence the require not did that view tazali ․ ¯s a¯ id ․ id ). The problem with this answer is that according to the promoters promoters the to according that is answer this with ). problem The , in the ahl al-athar the , in ʿ aqlan ․ h l ı¯ s l ı¯ (reasoning) in a number of acts of worship – acts normally con normally –acts worship of acts of anumber in (reasoning) n (declaring something pleasant). something (declaring (by virtue of the intellect), intellect), the of virtue (by exhibited such opposition to the concept at hand. at concept the to opposition such exhibited ․ h 68 s a¯ The distinctions found their way into practical consid practical into way their found distinctions The was eventually considered to belong to the category category the to belong to considered eventually n was qiy ․ h s a¯ a¯ was lent itself to a form of natural law, whereby the the law, whereby natural of aform to itself n lent s ). The earlier definition of isti definition ). earlier The school, are not to be used to establish the man the establish to used be to not are school, thereby deprived of its independent status. In In status. independent its of deprived thereby ․ h hl al-ra hl ¯s a¯ ʾ ․ an also appears to see as innate to humankind. to innate as see to appears also an s ı¯ id ʿ n fiqh ¯s a¯ abbud ․ (declaring something pleasant) may also be be also may pleasant) something (declaring extensively – to be out of the scope of ta of scope the of out be –to extensively id Shari and and ʾ are not to be used to negate or dismiss dismiss or negate to used be to not are did, there is a spirit of law that super that law of aspirit is there i did, ta ı¯ (simple commands to be carried out out carried be to commands (simple ʿ l ʿ ı¯ ah u l in the the in ․ 67 s ¯s a¯ u¯ ․ , natural law and the original state original the and law , natural where the Ash the where id – given their acceptance of an an of acceptance their l – given 63 , then he/she enact be , then would Indeed, a narration attributed attributed anarration Indeed, mas a¯ ʾ ʿ i saw in isti in i saw il (issues) of zakat and and zakat of (issues) ․ h ․ h s s ʿ a¯ a¯ aris only used the the used only aris was even more more even n was was eventually eventually n was ․ h s a¯ ․ h n s , one that that , one a¯ ¯s a¯ a form n aform ․ 66 id , and , and to to ʿ 57 ¯t a¯ l 64 ․ ı¯ ------l

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 law to function, and for legislating new laws for new contexts. The Maturidis, Atharis, and and Atharis, Maturidis, The contexts. new for laws new legislating for and function, to law for believing in God and responsible for every act that the mind can independently reach. independently can mind the that act every for responsible and God in believing for expressing that such benefits were ‘what was customarily expected of rules of expected customarily was ‘what were benefits such that expressing revelation, an articulation of a form of natural law in their deliberations. their in law natural of aform of articulation an revelation, to recourse without for accounted be could acts that held they formulation, their in Thus, ahl al-ra ahl the of that to conclusions similar notably at arrived Madhabs four the within opinions several regard this . In applicable be not regard, this may, in it or adapt to have either would Law them. face to bound are changes world, real the with interact to come stances said these when Although, requirements. these meet necessarily not serious injury. serious that which cannot be humanly carried out’ ( out’ carried humanly be cannot which that Izzidien Ahmed 58 To Ash the intellect. the by ta undertake cannot mind sources the from only but drawn be could rules which Qur the texts, source the in The Theological investments, legal quagmires and human nature environment? their in applied be to age early an from humans in appear reasoning teleological and fairness of perception law behind reason and purpose fairness, on judgement one’s evaluative suspend to mind, human the of mapping cognitive i asked, be could question the making, law and law proached al-ra of ahl schools different two how of the nature the Considering theDoes logic of making law require afixed methodology in order to work? reason’ for God ordaining rulings ordaining God for reason’ ity exists whatsoever. The Mu The whatsoever. exists ity Ash the Whereas repulsive. is what God to attributing not ( responsible are they held Maturidis The reached’. concordance was a grace from God. from a grace was concordance this that and to humankind, benefits with accordance in were rulings the that view to came then they this With other. the necessitated one that case the not it was Yet, that held they compulsory, or even allowed. compulsory, r an iqti general, in was, there that noticed they humankind’, benefit to was God by legislated laws? original the to in tied be to going laws question the ask may one it, behind reason specific no with –one ­command a of aresult as humanity created God that and exist, inherently not do ‘bad’ and ‘good’ mukrah ( will’ their against act to force by compelled is who one of ‘actions the of question This concordance was one that came out of the experience of a of experience the of out came that one was concordance This a¯ (concordance) between the a the between n (concordance) Thus, even though they opposed the principle of of principle the opposed they though even Thus, In theorizing on law, it may be possible to draw dogmatic or ideological stances that may may that stances ideological or dogmatic draw to possible be law, on it may theorizing In While these jurists, and indeed later jurists, had the theological point of order that the the that order of point theological the had jurists, later indeed and jurists, these While While the Ash the While ahl al-athar ) such as one being forced to inflict pain on others by a third party at pain of death or death of pain at party third by a others on pain inflict to forced being one as , such 69 school realized that not all law could be based on the few occurrences found found occurrences few the on based be could law all not that realized school Another example is that of the ‘status of a person to whom revelation has not not has revelation whom to aperson of ‘status the of that is example Another ʿ aris believed that it was false to say that ‘the reason a reason ‘the that say to false it was that believed aris ․ h s ʾ ı¯ ʿ an and Sunnah. Therefore, they needed to devise methods by by methods devise to needed they Therefore, Sunnah. and an or taqbn or aris, the intellect had no say as to whether such ma such whether to as say no had intellect the aris, 72 71 ʿ given that many cognitive studies have determined that the the that determined have studies cognitive many that , given Thus they afforded a form of ta form a afforded they Thus tazilis differed by stating that they are responsible ( responsible are they that stating by differed tazilis ․ h k . a¯ and ma m and 73 ¯h ı¯ Although, they maintained that ‘grace’ was not ‘the ‘the not was ‘grace’ that maintained they Although, ․ (to declare something pleasant or unpleasant), that that unpleasant), or pleasant something (to declare takl ․ s a¯ li ı¯ ․ h f m (benefits) that they brought to humankind. to humankind. brought they that (benefits) mukallaf a¯ . l ta a¯ yu ʿ l ı¯ l ․ , they found that it was needed for for needed it was that found , they t a¯ ʿ aris held that no such responsibil such no that held aris ʾ ) for believing in God ( God in believing ) for k i s it humanly possible, within the the within possible, s it humanly ) had a direct implication on the the on implication adirect ) had . ʿ ․ h l ı¯ k (reasoning) for rulings by by rulings for l (reasoning) a¯ but not one necessitated one not m but ʾ and ahl al-athar i and ․ h k ’ ( a¯ (rulings) were were m (rulings) j how were new new , how were a¯ ʾ at bih at ․ s ı¯ a¯ m mukallaf ı¯ al- li takl a¯ ․ h n were were ʿ ) and ) and a¯ ı¯ ap f al- da 70 ). ). - - - )

Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 could act to specify ( specify to act could benefit that na the of ( doubtfulness of one and authenticity, an exception. This also is the case for the Maliki and Hanafi schools. Hanafi and Maliki the for case the is also This exception. an i.e. text, the by not covered case special a becomes benefit the is, That text. the and benefit a the school, Hanbali the in While evils. two of lesser the and Shafi the to according then thenticity, certain ongoing customs ( customs ongoing certain school, the within Furthermore, property. their to claim counter unsubstantiated an is there at these texts as having one of two characters: o characters: two of one having as texts these at ( general and engaged; become has she after marriage in awoman’s for hand asking of hibition Sunnah are considered as not being definitive in meaning. in definitive being not as considered are Sunnah One that was in all possibility attainable with ra with attainable possibility all in was that One outcome. workable amore at arrive to order in tuning fine required they eventually that found they commitments, theological ahl al-athar the while that up. It set appears had they to try to qualifications further and exceptions to the period, early the of making law and law of character original deduction. of forms other on relying towards Malikis the leading use, of cess ( condition ble promise ( acontract of conditions the of that is use they example An issue. the on text the of instead considered is asociety in known customarily is what whereby applied are in not requiring a person to undertake undertake to a person requiring not in are applied general source text ( text source general ma such that held initially had they though available, were sources the when even expression benefit goes against the source texts?’ source the against goes benefit a when taken be to is action of course ‘what question the faced they when witnessed best the ( rules in inherent were Mu in certain food stuffs. food certain in an indication of an expected produce, despite source texts prohibiting prohibiting texts source despite produce, expected an of indication an of is example benefit ( benefit this in order to put forward ama forward put to order in this ( analogy of application normal have. not does one what of sale the and obligations) contractual ʿ a¯ mm ․ s If a benefit ( a benefit If In terms of scope, the Maliki school held that all general texts ( texts general all that held school Maliki the scope, of terms In Thus it appears that in setting formalized structures that did not quite fit the nature of the of nature the fit quite not did that structures formalized setting in that it appears Thus ( analogy al-Zarqa, Mustafa to according time, In allowances specified have Hanafis later the text, the against goes a‘custom’ Where Qur the to exceptions such allowed also school Hanafi later The They categorized the source texts ( texts source the categorized They from emanated that jurisprudence of schools the by made determination the in Further, The Malikis used a term known as as known a term used Malikis The ʿ lah tazilis did not face this issue due to their theology, which had the position that reasons ( reasons that position the had which theology, their to due issue this face not did tazilis a ․ hl al-athar ), such as the rule not allowing the sale of an unspecified item. Furthermore, they looked looked they Furthermore, item. unspecified an of sale the allowing not rule the ), as such cannot be considered when source texts are available. This circumstance is probably probably is circumstance This available. are texts source when considered be a cannot ( alwaf ․ ma s ․ s causes a temporary harm ( harm atemporary causes ․ s lah a¯ the sale of seasonal produce ahead of its fruition where the crop is one that gives gives that one is crop the where fruition its of ahead produce seasonal of sale the ․ ʾ shar as it was a customarily known acustomarily it was ) as a ma school, the place of ma of place the school, ), 76 ․ s ․ t lah such as bearing testimony based on ‘hearing’ in certain cases. certain in ‘hearing’ on based testimony bearing as such f ․ a¯ na a sid 80 ) were to contradict a non-definitive text ( text a non-definitive contradict to ) were ․ s ․ a s ). ․ ). h 79 k 75 al- Such also applied to similar cases involving forms of interest ( interest of forms involving cases similar to applied also Such a¯ m ʿ urf al- urf ) and their locus was inevitably benefit ( benefit inevitably was locus their ) and qiy ․ tukha s lah a¯ ʿ ․ s amal ) appeared to produce an improper outcome. They used used They outcome. improper an produce to ) appeared a juz ․ d nu ․ arar z ʿ ․ s qiy ․ is (those who were most opposed to ra to opposed most were who (those is s ann ․ s ․ i s ․ ı¯ ¯s u¯ s lah ) can act to specify a general text as well as restrict a restrict as well as text ageneral specify to act ) can ʾ a¯ ․ ) a text ( ) atext ʿ iyya ․ s kha ) to be of two types: specific ( specific types: two of be ) to ı¯ a¯ ) in either its meaning or authenticity. or meaning its either ) in was also found to be in need of an avenue of an of need in be to found also a was ri ․ d (partial interest). type of contract despite it being an inadmissi an it being despite contract of , type ), then the benefit is permitted out of necessity, necessity, of out permitted is benefit the ), then ne that is definitive ( definitive is that ne f ı¯ (subtle analogy) in those situations in which which in situations those in analogy) (subtle release themselves from the quagmire that that quagmire the from themselves release na ․ s set out with out set Shari ․ s taklif ) if there is a contradiction between the the between acontradiction is there ) if qiy a¯ ʿ s ah ) itself began suffering from an ex an from suffering began ) itself a qasam / a , natural law and the original state original the and law , natural shur 74 Examples where this has been been has this where Examples ․ s 78 ․ h ¯t u¯ a number of ideological and and ideological of anumber ․ na a¯ ) of Ahmad b. Hanbal held held b. Hanbal Ahmad b of ahl al-athar keeping keeping of ‘sale the as , such ․ qat s ․ s nu ), be it in meaning or au or meaning ), it in be (to take an oath) when when oath) an (to take ʿ ma ʾ ı¯ ․ an and Sunnah due to to due Sunnah and an s ) in its meaning and its its and meaning its ) in kh ¯s u¯ ․ s ․ a¯ gharar ) of the Qur the ) of ¯s a¯ li ․ ․ ․ h s ), such as the pro the ), as such ) to humankind. ) to schools resorted resorted schools ʾ i 81 ), if application application ), if

(ambiguity in in (ambiguity 77 Another Another ʾ ʾ i an and and an . ʿ rib ilal 59 a¯ - - - - ) ) Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 it entails dominance ( dominance it entails tion of humans is one of the necessities of the objectives of Islamic law. Islamic of objectives the of necessities the of one is humans of tion protec that stating by this for credibility He finds humankind. of extinction the and chaos be would there which without society, of inhabitants the among interests of multiplicity the to due rise that claims competing various the between judge can who aruler as well as rent adeter needs Khaldun, Ibn to asociety, being, of state this given Furthermore, tendencies. poverty. He builds his theory stating that stating theory his He builds poverty. and bloodshed chaos, to leads unchecked, left if that –asituation asultan of death the of time the at occur tribulations and trials what of observation his to readers He draws obeyed). is as the provision of security cannot be organized except with asul with except organized be cannot security of provision the as well as goodness towards awhole as society and society in ahuman of direction the more, Further self. the of purification and education of aprocess through except objective stated Further, he held that the reality of kingship ( kingship of reality the that heheld Further, istikhl the to due nature by leaders are humans that would be no need for a leader, a view also expressed by the Mu the by expressed also aview aleader, for need no be would there law, then God’s by live could people if that stance the with attributed been also he has The early formulations of the school of ra of school the of formulations early The Ahl al-ra Izzidien Ahmed 60 interest. general the and justice promote to and nature, their to contrary other, each with cooperate to people force to necessary is government So, cooperation. towards inclined not and contentious fractious, nature by are (d. 505/1111) beings human that Ghazali –argued al- Hamid Abu (d. 808/1406) and Khaldun Ibn by –advanced view One beings. human of condition original the or nature of state the on discourses Western 17th-century to similar remarkably is justice serve might how on government literature Islamic in discussion The and on humankind The polity the island expediency. ideological or political for overridden be cannot that –principles humankind all to common principles universal arguable of preservation the for allows that law of aview promote to appears it also Furthermore, making. law and process legal the of characterization restricted dogmatically them. despite not but them, of light in reconsidered continually be of innate places that amust is reasoning human that expectancy the fairness, and justice promote and afford to came that rulings tual contex and principles the both with that stated be It may theory. legal Islamic to granted been much is authority ontological this that argued be it may innate, Qur the by recognized were fairness and equity, justice, of principles the as Furthermore, fair. and equitable, just, is that law to come to order in mind the of required process reasoning the of virtue by reason to authority logical the text can thus be seen as seen be thus can text the Al-Ghazali held the opinion that politics in itself does not hold the ability to undertake its its undertake to ability the hold not does itself in politics that opinion the held Al-Ghazali Ibn Khaldun held that humans are both social beings as well as political by nature, and and nature, by political as well as beings social both are humans that held Khaldun Ibn It appears thus that the ra the that thus It appears ran throughout [i.e. was the status quo], then no discord would occur, and the tasks of of tasks the and occur, would discord no quo], then status the was [i.e. throughout ran justice where one it been had thus and next, the to ameans as created been has life this ʾ i and ameans to natural law principles as central, with law making around them as fluid. Any legal rulings rulings legal Any fluid. as them around making law with central, as principles within the ra the within taghallub ʾ view of law and law making allows for a more dynamic and less less and dynamic amore for allows making law and law of i view contextual demonstrations of these principles that must must that principles these of demonstrations contextual times, , at ) and force ( force ) and ʾ i -based school may be seen as seen be may school -based ʾ ʾ i an, giving the impression that these are expectedly expectedly are these that impression the giving an, qahr , as previously described, granted a degree of onto of adegree granted described, previously , as mulk ), which are the effects of anger and animalistic animalistic and anger of effects the are ), which ) is a communal necessity for humanity, and and humanity, for necessity acommunal ) is a¯ (vicegerency) they were created for. created were they f (vicegerency) a form of n of aform times, , at more comprehensive than has has than comprehensive more ʿ tazilis. ․ t a¯ n mu 84 ․ t a¯ (an authority that that authority ʿ (an 83 That being said, said, being That atural law law atural 82 - - - - - Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 ever, many have taken a step further and widened the scope of maq of scope the widened and further astep taken have ever, many ‘environmental protection’ among others among protection’ ‘environmental mankind’ to include the protection of life, religion, progeny, wealth and the intellect. the and wealth progeny, religion, life, of protection the include to mankind’ maq the of achievement the for advocates that one to ideology, and dogma of one from policy shifts that a manner Sina which ha society in how on many contingent part, in seen, been have may law of necessity nafs the bad), al-laww lean to good or bad or both or bad or good to lean ment of benefit and the mitigation of harm. of mitigation the and benefit of ment and use of ma of use and deliberation al-Shatibi’s particular in and terms such in philosophy the of elements mends com who al-Azmeh Aziz of work the in example, for seen, be can This writers. secular some practicality on a traditional foundation. atraditional on practicality this for claim yet live, Muslims which in circumstances concrete to relation in apracticality for just society. just a achieving of goal ultimate the with people the of cooperation the further to he undertakes which to pursuant people, the with contract a through powerto ascends ruler the and filment, ful moral and justice of level a greater reach to bound are they cooperation, through God, of law the of guidance the and intellect of gift divine the exploit beings human Even if it. achieve to order in cooperate to tend will and justice desire nature by beings human thought, of school this In aims. their achieve to other each need would they that so another one from different ings be human created God that believed they Furthermore, weak. the of rights the safeguarding and strong the restraining by injustice limit would Cooperation necessity. to due cooperate (d. (d. 450/1058) (d. al-Mawardi are theories above the with Competing preserve the sanctity of the public sphere. public the of sanctity the preserve and community, Muslim the of existence continued law, the out ensure carry and uphold to duties of virtue by to have come jurists qualified that issues legal over ostensible discretion country. Muslim unjust an not but country non-Muslim a just upholds God country. Muslim unjust an ( outcome the and content the theory of of theory the see approach the of However, defenders al-Shatibi. by used locus based textually the to true Shari also is that amanner in development own held that a leader’s role was twofold was role aleader’s that held al-mu ( ( affairs’ ‘worldly of nafs 688/1289) In one case, al-Shatibi’s theories have influenced contemporary Muslim democrats, in in democrats, Muslim contemporary influenced have theories al-Shatibi’s case, one In Indeed, al-Shatibi has been seen to offer a more realistic philosophy of religion and lawby and religion of philosophy realistic more a offer to seen been has al-Shatibi Indeed, On the human element of society, Islamic schools of thought held that the human ‘self’ ‘self’ human the that held thought of schools Islamic society, of element human the On ) has the capacity for three spiritual levels: the nafs al-amm the levels: spiritual three for capacity the ) has the sultan was in need of a canon by which he could manage them with. them manage hecould which by acanon of need in was sultan the and affairs, their manage to asultan for need dire was there such as and born was cord dis thus and throughout, run desires where one However, it is cease. would jurists the ʿ ․ (d.728/1328)(d. 427/1037) Taymiyya Ibn and t ah ma (d. 339/950) al-Farabi by developed be to began policy on theories Many levels. or not. or 91 ʾ inna As such, the view taken on governance is that it ought to be based on the establish the on based be to it ought that is governance on taken view the such, As maq 86 who argued that God created human beings weak and in need so that they would would they that so need in and weak beings human created God that argued who However, al-Mawardi puts forward the theory that the ruler enjoys considerable considerable enjoys ruler the that theory the forward puts However, al-Mawardi (the self that is tranquil). Each of these is attainable, and thus, human action can can action human thus, and attainable, is these of Each tranquil). is that (the self ¯s a¯ ․ s ․ lah 89 id ․ Indeed, the maq the Indeed, as facilitating a widening in the scope of Islam beyond texts, to allow for its its for allow to texts, beyond Islam of scope the in a widening facilitating as (benefit) in his discourse. his in a (benefit) duny a¯ ma ¯s a¯ a¯ ․ nafs nafs the and itself), disciplining and blaming constantly is that (the self ), whereby the leader must bring benefit and mitigate harm in both. in harm mitigate and benefit bring must leader the ), whereby id . They use the theories of law to be able ‘to serve the interests of hu of interests the serve ‘to able be to law of theories the use . They , depending on the person’s spiritual state. With such a framing, the the a framing, such With state. person’s spiritual the on depending ma ʾ a¯ ¯s a¯ l ․ ). Anon- id part first, the part methodology, according to Andrew March, has allowed allowed has March, Andrew to according methodology, 90 . In such constructs, terms do not matter as much as as much as matter not do terms constructs, such In of benefit to people – whether it is mentioned by the the by mentioned is it whether – people to benefit of Yet some have criticized this approach of not being being not of approach this Yet criticized have some 87 92 Muslim country that is just is more favourable than than favourable more is just is that country ­Muslim The Mu The 93 This formulation has, for al-Misiri, allowed allowed al-Misiri, for has, formulation This relating to religion, the other to the matters matters the to other the religion, to relating , yet they remained largely theoretical. largely remained they , yet Shari ʿ tazili qadi ʿ ʿ ah , natural law and the original state original the and law , natural a¯ ra bi-l-s ra ¯s a¯ (d. 415/1025) 415/1025) (d. Abd al-Jabbar ․ id to include ‘freedom’ and and ‘freedom’ include to u¯ and Ibn Abi al-Rabi Abi Ibn and ʾ (the self that invites to to invites that (the self 85 d achieved achieved 88 How , Ibn , Ibn 61 ------ʿ Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 the role of the text and minimize the role of the human agent who interprets it. interprets who agent human the of role the minimize and text the of role the exaggerate unchanging, as seen is law whereby attitudes, such holding those that found been sh on contingent was acommunity of prosperity the that nature, in textual fully of instead son, compatibility with the premises of Islamic forms of governance. of forms Islamic of premises the with compatibility to the person holding this schema as complete and univocal. and complete as schema this holding person the to appears law the where one formalism, legal of aform to itself lends authority that found been lamic state nor was ever institutionalized prior to the 19th century. 19th the to prior institutionalized ever was nor state lamic sh Thus binding. it become did rarely valid, considered view legal any choose to aleader in vested was time, the wishes to see the development of fiqh of development the see to wishes first The thought. of schools two between today tensions the in than better seen be this can of international law that stemmed in part from natural law natural from part in stemmed that law international of and humanity, of nature innate and aspirations the meets best that progressthe that appeal. universal have that laws of outcome the to shifted is focus whereby depolarizing arelative for Izzidien Ahmed 62 The The principles. shared and ground shared around progress collaborative for prospects have been answered given the existential repercussions of the omission of sh of omission the of repercussions existential the given answered been have sh whether of question power, of the transfer seamless and being the spread of trenchant authoritarianism in contemporary legal determinations. legal contemporary in authoritarianism trenchant of spread the being discovery, and knowledge of forms new and reason of welcoming was nature its by that aprocess cess, asul of earlier, to alluded as necessity, the hesaw whereby time, al-Ghazali’s at given governance to approach the in afactor was omission such that suggested be it may Therefore, views have built their hermeneutics to approach the texts. the approach to hermeneutics their built have views competing which upon principles first the to due part in is This unresolved. seemingly are –that constructed are ethics Islamic which –with jurisprudence Islamic of elements present jurists. many from approval tacit with injustice, institutionalize and change civic of possibility the limit to was centuries over the had this effect net the that suggested be may It conflict. than better was ruler unjust an that idea the institutionalize to began thought this that arguable It is lands. Muslim of provinces of ameans as usurpation of legitimacy the recognized conditions, mu in social interactions (6:12, 21:107; 54; interactions 27:77; social 29:51;in 45.20). compassion and mercy institutionalizing and governance; of method consultative autocratic, (49:13;­ 11:119); anon- assistance mutual and establishing cooperation social through justice pursuing importance: particular of are values Three polity. a Muslim to central are that values political and social of a set identify However, it did government. of form particular legal arguments, one determining it to be legally binding, the other not. other the binding, legally be it to determining one arguments, legal sh With philosophical. of instead terms legal very ­ Muslim the of direction inevitable the to tied were that –those questions tential exis consider to began contexts, their of aresult as arguably, jurists, esteem, high in process the u¯ ․ t Had the approach to this been one that considered it in philosophical terms, based in rea in based terms, philosophical it in considered that one been this to approach the Had Although Muslim jurists debated political systems, the Qur the systems, political debated jurists Muslim Although Yet while the Qur the Yet while The epistemology that initially guided the development of the early ra early the of development the guided initially that epistemology The They today. until remain largely ethic command adivine on views competing These r a¯ a¯ (an authority that is obeyed) to avoid bloodshed. Indeed, al-Mawardi, under certain certain under al-Mawardi, Indeed, avoid bloodshed. to obeyed) is that authority ʿ (an , a position that is largely accepted today as a pre-condition for natural progress, stability stability progress, natural for apre-condition as today accepted largely is that , aposition 94 It has been suggested, however, that post-Westphalian models of state do not hold a hold not do state of models post-Westphalian however, that suggested, been It has is now is the social sciences and natural sciences offer, the development of governance governance of development the offer, sciences natural and sciences social the u¯ considered by some as largely lost, with one of the poignant consequences consequences poignant the of one with lost, largely as some by considered ra neither played a central role in pre-modern Muslim reasoning on the Is the on reasoning Muslim pre-modern in role acentral played neither ʾ an, when speaking on political matters such as sh as such matters political on speaking when an, and reinstat and e u¯ an epistemology of reasoning in it, using using it, in reasoning of epistemology an ra , there was an emergence of two ‘valid’ two of emergence an was , there 102 96 as a project that continues to hold hold to continues that aproject as u¯ r a¯ 100 was binding or not need not not need not or binding was Not surprisingly, it has also also it has surprisingly, Not 95 ʾ 98 the continued development development continued the an itself did not specify a specify not did itself an coming to power in the the power in to coming u¯ 97 ra ʾ Given that power, at power, at that Given (consultation), holds holds (consultation), i jurisprudence pro jurisprudence u¯ r a¯ in the world. world. the in populous 101 Nowhere Nowhere 99 second second It has has It

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Abu ʿ Abu Shu Mawsu al-Tayib, Ahmad Ahmad al-Haytami, Al-Zawajir al-Haytami, Ahmad Al-Haytami, Al-Zawajir Al-Haytami, b. ʿ Tahir v. (6:168).Ibid., ʿ Tafsir al-Tabari Tafsir al-Tabari, Ahmad (2:150). ʿ Abu b. ʿ Tahir (2:150). Abu al-Qasim al-Zamakhshari, al-Zamakhshari, al-Qasim Abu Ash al-Su Ibn Abu Kathir, Ibn al-Qurtubi, al-Razi, al-Zamakhshari, Al-Tabari, cal classi by cal expressed that to addition in schools Athari and Maturidi the as such thought of early in schools precedent and parallels its It finds determination. own my from comes formulation The life. in themselves find they which in circumstances the and kind ʿ an to refer indirectly, or directly, either verses These Political Thought Islamic Crusoe Robinson Defoe’s through famously –most thought Western into entered Younger’ ‘The story the that Pococke Edward Orientalist 1671 English in the by Oxford in publication and translation Latin its to thanks It was 18th. the in German and 17th the century in Dutch 17th centuries, and 15th the in English century, 15th the in Latin centuries, 15th and 13th the in Hebrew to lation readership wide had story the manuscripts, of number the by Judging Press, 2005), 24. University Cambridge (Cambridge: Law Islamic of Evolution and Origins The Wael Hallaq, B. Abu ʿ Abu al-Razi Tafsir al-Razi, Muhammad al-Biqa hammad Tafsir al-Alusi al-Alusi, (6:165). Mahmud li-l-Tiba al-Hikma (Dar Ahmed al-Imam Musnad b. Hanbal, Ahmad Abu al-Su Abu ʿ Ibn (21788). Muhammad Isma (2:150). panion to Religious Ethics Blackwell Com- The in Religious to panion Constructions’, and Foundations Ethics: Islamic of ‘Origins Reinhart, Kevin A. Muhammad ibn Isma ibn Muhammad 77–101. (2006): 20(1) Quarterly Law Arab Jurisprudence’, in Islamic Literature of Genres Other and Maxims ‘Legal Kamali, Hashim 7, Muhammad 76, 90; 50, Jalal al-Din al-Suyuti, Al-Ashbah wa-l-Nadha Al-Mughni fi Abwab al-Tawhid wa-l- Abwab fi Al-Mughni al-Asdabadi, Abd al-Jabbar maq ʾ ʿ un al-Islamiyya, n.d.), 473. al-Islamiyya, un ari and Maturidi schools of theology. of schools Maturidi and ari Ashur gives theological credence to this by referring to the Maturidis and Hanbalis. and Maturidis the to referring by this to credence theological gives Ashur Abdullah al-Qurtubi, Al-Jami al-Qurtubi, Abdullah Abdallah al-Qurtubi, Al-Jami al-Qurtubi, Abdallah The Princeton Encyclopedia of of Encyclopedia Princeton The Mirza, Mahan and Crone Patricia Böwering, Gerhard . See a¯ sidian Ashur, Tafsir al-TahrirAshur, wa-l-Tanwir Ashur, Ashur, ʿ ʿ ud al-Amadi, Tafsir al-Su Abi al-Amadi, ud ud, al-Alusi, Ibn ʿ Ibn al-Alusi, ud, determinations as found in al-Alusi, al-Tabari, al-Razi, al-Qurtubi and Ibn ʿ Ibn and al-Qurtubi al-Razi, al-Tabari, al-Alusi, in found as determinations Abdullah al-Qurtubi, Al-Jam al-Qurtubi, Abdullah ʿ Tafsir al-Biqa Tafsir i, ʿ Tafsir al-Tahrir wa-l-Tanwir Sahih al-Bukhari Sahih al-Bukhari, il ʿ Sahih al-Bukhari Sahih al-Bukhari, il , ed. William Schweiker (Oxford: Blackwell Publishing Ltd, 2005), 244–53. 2005), Ltd, Publishing Blackwell (Oxford: Schweiker William , ed. (Princeton, NJ: Princeton University Press, 2013), 241. Press, University Princeton NJ: (Princeton, , vol. 1,, vol. 2398. ʿ at al-Mafahim al-Islamiyya al- Ashur, al-Shinqiti. The collection includes the Athari, Mu Athari, the includes collection The al-Shinqiti. Ashur, , vol. 1 (Beirut: Dar al-Ma Dar 1(Beirut: , vol. ʿ (Darussalam, 2007) (Darussalam, Ihya i (Dar Tafsir al-Kashshaf (Dar al-Fikr, n.d.), v. (6:165). al-Fikr, (Dar ʿ li-Ahkam al-Qur ʿ li-Ahkam al-Qur (Dar al-Fikr al-Islami al-Hadith, 2000), v. Mu (40:26). 2000), al-Hadith, al-Islami al-Fikr (Dar ʿ ud , v. (6:165). v. , ʿ ʾ al-Turath al- i li-Ahkam al-Qur i li-Ahkam (Riyadh: Maktabat al-Riyadh al-Haditha, 1971), v. al-Haditha, al-Riyadh Maktabat (Riyadh: (Tunisia: Al-Dar al-Tunisiyya li-l-Nashr, 1984), v. li-l-Nashr, al-Tunisiyya Al-Dar (Tunisia: ʾ ir , vol. 1 (Beirut: Dar al-Kutub al- al-Kutub Dar 1(Beirut: , vol. , 9. , (Beirut: Dar al-Kutub al- al-Kutub Dar (Beirut: Shari ʾ ʾ (Darussalam, 2000), 4. 2000), (Darussalam, v. (6:165). , v. an, v. (40:26). ʿ , v.an, (37:106). Amma illa ʿ ʿ (reason) for God’s creation of human of creation God’s for (reason) ah ʿ Arabi, 2001), v. 2001), (30:24). Arabi, rifa, n.d.). rifa, , vol. 1 (Cairo: Al-Majlis al-A Al-Majlis 1(Cairo: , vol. ʾ , natural law and the original state original the and law , natural an ʿ Adl (Dar al-Kitab al- al-Kitab (Dar ʿ Atiyya, Abu Hayyan, Al-Biqa Hayyan, Abu Atiyya, , vol. 6, n.d., 48. n.d., 6, , vol. finding its way in trans in way its , finding ʿ a wa-l-Nashr, 1988), pt a wa-l-Nashr, ʿ Ilmiyya, 1998), v. Ilmiyya, ʿ ʿ Arabi, 2004), v. 2004), Arabi, Ilmiyya, 1990), 1990), Ilmiyya, ʿ Ashur. ʿ la li-l- la tazili, tazili, 63 ʿ i, i, ------Downloaded By: 10.3.98.104 At: 22:13 27 Sep 2021; For: 9781315753881, chapter1, 10.4324/9781315753881-3 54 53 47 46 43 56 55 45 52 51 50 49 48 42 29 28 57 27 26 58 40 39 38 37 36 35 34 31 25 Izzidien Ahmed 64 33 32 30 44 41

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