NOTES FROM THE IIIT CONFERENCE ON APPROACHING THE QUR’AN AND SUNNAH #11
[This is the eleventh in a series of my notes on the International Institute of Islamic Thought conference on approaching the Qur’an and Sunnah held in Herndon, VA. These notes are raw material for an edited report I will write on the conference later and represent my perception of the discussion. The proceedings will be published by IIIT at a later time. The Minaret of Freedom Institute thanks IIIT for the grant that makes the publication of these notes possible. Responsibility for any errors in the notes is mine alone.]
Session 11, Moderator: Iqbal Unus
Paper Presentation by Ahmad Kazemi Mousavi
“Taha Jabir Alwani on the Space Time Factor in Understanding Qur’an and Sunnahâ€
Dr. Taha Jabir al-Alwani holds the decline of ijtihad as the main cause of the present crisis of Islamic law. In the Middle East we have been speaking of democracy and modernization for 150 years but we have not achieved it. Human empowerment is missing from our modernization program. Change and stability are both necessary to society. Muslims have resisted the change part, so we change in practice even as we oppose it.
His first work on graduating from al-Azhar was on Fakhrudin ar-Razi. In several treatises he surveyed the history of ijtihad and the rise of taqlid. He marks the year 310 H. as the date of the beginning of the crisis of Muslim jurisprudence. After Imam Tabari there were no new schools of thought in Islam. The official declaration of the closing of the gate of ijtihad was by the Mamluk king who limited Islam to the four Sunni schools. Yet many great mujtahids came after this, including Juwayni and al-Ghazali. Thus the closing of ijihad is a political decision, not legal. Juwayni found taqlid of the sahib as unacceptable. Ghazali revolutionized legal methodology, combining ethics with fish. In his Mustafa (sp.?), Alwani focuses on the usual al-fish: qiyâs, istihasân, aql. Regarding ijma we never had unanimity. We have sources, but we must apply reason and logic to the sources. Maybe the only ijma of the Sunnis was on the closing of ijtihad. This resulted in al hiyal wal mukharij or indirect, marginal solutions to problems that skirt the real issues and prevent meaningful solutions.
Istihsân is used by Malik and is rooted in common sense where the qiyas of Abu Hanifa comes from logic. Istihsân is developed by Shia. What is the source of Istihsân? If it is personal taste it is suspect, but if it is logic or common sense it is acceptable. Ghazali distinguished between true and false maslaha.
Alwani calls for inclusion of the opinions of experts. However, because Muslim fiqh was a written individually, we don’t have a tradition of collaborative deliberation.
Ash-Shatabi elaborated on the idea of maqasid, which was used by Jawayni and Ghazali, but not in the pioneering sense of Shatabi. Promotion of Islam and the advancement of the status of Muslims are among the primary maqasid. Deductive reasoning is not acceptable because reasoning should be inductive. If a legal opinion does not improve Islam, but disproves Islam, them it must be suspended. The philosophy of Islamic law is that the hadd is aimed at deterrence, and when it fails at deterrence it must be suspended. Yet, in Iran we have had four stonings and more than forty cutting of fingers.
He also wants to restore Islamic values to science. It has been objected that water boils at 212 degrees regardless of whether it is Muslim water or Christian water. Alwani’s point is that Islamic language is closer to us. It is more meaningful to speak of dunya that of the world.
`ilm al awliyya’ is an original contribution, although it goes back to Ghazali’s formula of munasabah (relevancy) and Shatabi’s theory of maqasid. The concept of priorities should be understood along with that of higher objectives.
Alwani is one of the few Muslim authors to present scholarly opinions of Islamic thinkers regardless of their sectarian or devotional attachments. Among his pioneering works is The Ethics of Disagreement in Islam.
Discussant 1. Khalid Troudy.
Alwani wants to appropriate knowledge from non-Muslim sources, using Islamic methodology (“Islamization of knowledgeâ€). He calls for the recognition of two voices: the Qur’anic and reality (i.e., the material world). We must recognize the roles of both divine revelation and human thought. Legal decisions change according to time and space. The jurisprudence of Muslim minorities (Fiqh al `aqaliyyât) is another contribution, acknowledging that the problems faced by Muslims in Muslim minority countries are different from those faced in Muslim majority countries. In his ideology, political and legal thoughts are intertwined, reflective of his experience in the United States.
Discussant 2. Louay Safi
Alwani is one of the few al-Azhar graduates who continued to grow beyond his education at al-Azhar. Ijtihad presupposes freedom in the area of thinking about the sources. If you are afraid of the mob or the people in power, you cannot be a mujtahid. It is a moral enterprise as well as an intellectual one. Fear is not only about safety, but also about credibility. [And funding–Ed.] The responsibility of the scholar is to call things as he sees it, not to reinforce the perceptions of others.
I disagree with the notion that ijtihad can be done through committees or councils. Committees are about compromise, not about creativity. Shurah is distinct from ijtihad. There is no ijma among all people, but there have been cases ijma among scholars, esp. within schools.
Fiqh al awlawiyyât is a contemporary concept introduced by Qaradawi, which is a sort of fence-mending. We need to distinguish between ijtihad as a method and ijtihad as a slogan. I see no method in fiqh al awlawiyyât, only musâlih. Muslaha is about mubahât, areas that are left open by the text. Hîyya ash-sha`riyat is a means of defying the text by adopting a literal meaning, as marrying for the purpose of divorce in order to remarry a previous spouse.
Abubaker Al-Shingieti: Alwani now divides maqasid into three categories: tahdîd, tazkiyyah, and `imrân. This has profound methodological implications. `imrân is very broad, dealing with well-being. Tazkiyyah is a very broad application of purification.
Imad-ad-Dean Ahmad: Ijtihad by committee is impossible, but ijtihad without shura with experts is impossible in this age. The problem is not an inherent unwillingness to engage experts, but the fear of the authorities and the fear of the mob.
Imad-ad-Dean Ahmad: Regarding the Islamization of the sciences., the easy part is the requirement that scientific research must be ethical in its methodology, and holistic rather than reductionist. The part that has met so much resistance is what is considered to be the challenge of voluntarism and the illusory problem in the denial that science is possible if universal causality is a function of God’s will rather than a supposed inherent determinism in matter. A real problem is the in the reception of the theory of evolution. Most Muslims seem to find something threatening to our faith in the notion that Allah has allowed natural selection to have a role in the development of the human.
Jamal Barzinji: Do not underestimate the power of the group mind. You cannot ask a scholar to come up with an answer to a problem without consult with the experts. For example, how can a faqih issue a fatwa on stem cells without consulting with those who understand stem cells.
Mahmoud Ayoub. Adab al ikhtilâf means not ethics of disagreement, but etiquette. Ijtihad can be used broadly to mean a genuine effort to acquire knowledge, but it has a restricted meaning in fiqh. I‘m convinced that those who spoke about the closing of the door to ijtihad, who were mujtahids themselves, simply meant that there should be no new madhâhib. I’m not sure the Islamization of the sciences is an issue. Knowledge has no religion; knowledge is knowledge. What can be Islamized is the use and how we view science. Are Christian moralists who write about the use of the atomic bomb Islamizing knowledge? If we mean coming up with a new jargon, that did not happen. We still use the jargon of the West. Islamization of knowledge is necessary (see Franz Rosenthal’s Knowledge Triumphant). Knowledge must be useful. There is an Islamic ethic of knowledge; knowledge itself is neutral.
Safi: To me shurah and ijtihad are not the same. As we distinguish between engineering and pure science, ijtihad is a pure science that is done by individuals and applications, like engineering, may be done in a council. Tabari himself in his explanation of the angels’ question about men shedding blood on earth was that they may have seen another being like us commit the same crimes.
Catovic: I see resistance to this notion of awlawiyyat.
Safi: Seeing ourselves as `aqaliyya in America is harmful in that it marginalizes is. I understand the motivation, which is to protect us from criticism from Muslim countries.
Jamal Barzinji: There are certain questions like whether Muslims should serve in the armed forces if this country is attacked that must be answered. We are not a ghetto community, and it is a religious obligation to be involved. We have greater latitude to make ijtihad than scholars in the Muslim world. We can pave the way for the ummah to come into the 21st century. If 50 scholars in Syria will say there is no rajm (stoning) it has a greater impact than Qaradawi hesitating to speak out. For me as a Muslim I could read every page of the Origin of Species and feel nothing but praise for the wisdom of Allah subhana wa ta`ala. There is an institution calling itself the Christianization of knowledge.
Rafiq: 70% of Indonesian law is Dutch, despite our hatred of the Dutch. A fatwa was issued against meningitis is vaccine because it uses a pork product. Subsequently it was excused out of necessity. We have an MUI in Indonesia, but people prefer to listen to their local mufti.
Hisham Altalib: Taha would agree with Sami, we are not in diaspora.
Safi: Would he say we are not a minority?
Altalib: That is different. You would have to ask him.
Ayoub: The scholars came up with the idea that wherever you are living, though you are a minority, if you are allowed your own judge, then you are a part of that society. What mitigates our minority status in America is “Are we able to nativise our religion so as to be part of the religious matrix of this country?†We are not there yet, but we are moving that way, and I felt that movement strongly at last year’s ISNA convention. I am not calling for an American Islam—Islam is one,–but Islam expresses itself through the culture of the country in which it finds itself.
Catovic: In the face of modernist thought many Muslims react by adopting the reactions of other religious groups who see their faith is undermined, while our is not.
Safi: I think we should stay away from awlawiyyat. We should not stipulate the religion of the head of state in a Muslim country. Models should be based on values, not on majority or minority identity.
Al-Shingieti: The fiqh of minorities is about creating a discourse with others. It is a means of engagement within our current reality. It is an enabling idea for dealing with our reality in America.
Imad-ad-Dean Ahmad, Ph.D.
Minaret of Freedom Institute
www.minaret.org