If you haven’t yet, review this first. And I imagine you have already read the section on Schools and Sects.
If rules are the path to human comfort and progress, the methodology in deriving those rules are the foundation of sustainable human civilisation.
Dealing with Shari’ah, here is one approach to deriving rules. It’s a theory which opens itself to critique, and improvements.
WHY?: THE NEED
The reasons I formulated the rules the way I did here is because:
- Salafism: the rules are ultimately referred to, and dictated, by a king. I think this power and responsibility is not sustainable. If that same power is delegated to an individual Salafi ‘aalim, then the doors of corruption will inevitably open. Coherent, transparent rules banishes this potential for corruption.
- Shi’a: rules dictated by the Vilayaat al-Faqih, who believes in the medieval doctrine of Ghaybah, is simply falling prey to a sophistical argument. The other Shi’a claimants can be equally medieval and whimsical.
- Sufi and Other Sunnis: Seeped in Taqleed, their methodology is patchy and inconsistent. Those involved in Revivalist Movements are no better regarding inconsistencies, which are condoned as a matter of expediency. Consistency remains the foundation of human progress and trust between members of society.
- Ahmadiyah and Co: rules dictated by a pretentious khaalif, fully dependent on the charity of equally opaque economic co-operatives, is bound to be rigged to benefit the ponzi eco-systems they create.
THE SOURCES
Quran
It is really important to sieve out an explicit command of Quran from that of an implicit one. Then we address the interpretation of any esteem scholar’s interpretation of a particular ayaah.
The exercise of such endeavour is to ensure an appropriate and measured response to a commission or an omission of a deed.
Ahadeeth
Mutawatir ahadeeth are the best evidence we have, followed by Sahih and Hasan. Without such a division, based on reliability and not a new method at all, we will find it difficult to apply such information in just and consistent manner.
Science
Ulema deny ‘reason‘ a place in deriving the rules of Shari’ah because they point to the historical failure of ‘logic‘ (called “aql”) to be a reliable source of truth. Indeed, their reasoning was vindicated by the test of Time.
However today, the reasons for accepting scientific evidence is compelling for any religion, if they wish to guide humanity and preserve our planet for the next generation. For Islam, which has a strong historical relationship with dialectics, such a practice is in fact imperative.
Context
Now that we have primary sources of our beliefs – Quran, Ahadeeth and Science, let us never forget the social and economic context for each ruling.
APPLICATION OF SHARI’AH
Historically, an individual alone was responsible with regards to commission and omissions of Ibadaat. Shari’ah did not intrude into people’s homes. However,
However, Ibadaat did play a role if a public office were to be claimed. The performance of Ibadaat reflected one’s integrity and disciple in carrying out worldly responsibilities.
With colonisation, especially by the British but also by others, the dispensation of justice (re: physical and economic punishments) were appropriated by the colonisers – claiming the higher authority of reason (via secular capitalistic idealism).
In the 1940s-50s, when the independence movements gained traction, the Taqleedi attitude perpetuated a lack of understanding of globalisation and the effect of modernity on human values. Taking advantage of the Taqleedi ignorance were the communists – who behaved opportunistically, perverting the very idea of reason, truth, equality and fraternity.
Today, with improvement in literacy (today 6 out of 10 Muslims are still illiterate), the very basic fundamentals and concepts of Shari’ah are being debated. So here we are: confused, pulled by spiritual instincts and worldly needs – living a life of contradictions and inconsistencies.
The progress of humanity needs the resolution of contradictions, not a call for ‘artful living with contradictions’. That surely invites trouble for our children, and pain for the planet. This applies to all humans, especially the practitioners of any religion.
Application of Halaal (Positive Law)
Below is one model that hopes to resolve/mitigate inconsistencies, and create a frame-work for deriving rules. As I acknowledged before, it is only a theory which offers itself to criticisms of reason.
Application of Haraam (Negative Law)
