The Express Tribune

 

A Comment on Shikwa and Jawab e Shikwa of Allama Iqbal - Part 2 of 6
By Dr Nazeer Ahmed
Concord, CA

 

“Tere Qur’an Ko SeenoN Se Lagaya Hum Ne”

We embraced your Qur’an with our hearts (Shikwa)

The seed for a civilization based on Tawhid was sown by Prophet Muhammed (pbuh). Asked to describe the Prophet, Aisha (r) said, “He was an embodiment of the Qur’an”. As long as he was alive, the Prophet was the singular pole around which the nascent Islamic community revolved. He was the teacher, the role model, the guide, the law giver and the arbitrator. Indeed, he was the Messenger of God, the seal of the Prophets. His Seerah laid out the path for the community, his Sunnah became the behavioral model for the believers, and his Hadith provided an exposition of the Qur’an.

When the Prophet passed away, the Companions inherited the mantle of leadership and continued to build the edifice of Islam upon the foundation laid out by him. The names of Abu Bakr, Omar, Uthman and Ali (may God be pleased with them) stand out among those who carried on the mighty struggle. After the Companions, the Tabeyeen (those who followed the Companions) took up the task and after the Tabeyeen came the Tabe-Tabeyeen (those who followed the Tabeyeen). The sagacity, wisdom and zeal with which these stalwarts took up the call of Tawhid made the civilization of Islam the guiding light for their age.

The triumphant advance of Muslim armies across the inter-connected landmass of Asia, Europe and Africa brought into the Islamic Empire large masses of people who were previously Christian, Zoroastrian, Buddhist or Hindu. Conversion to the new faith was slow. The conquering Muslims left the people of the territories alone as long as they paid the protective tax, jizya, and did not interfere with freedom of choice in religion. Mass conversions to Islam took place during the reign of Omar bin Abdul Aziz (717-719) who abolished unfair taxation, tolerated dissent and treated Muslim and non-Muslim alike with the dignity due to fellow man. Impressed with his initiatives, people in the former territories of the Sassanids and the Byzantines (Persia and Egypt) embraced Islam in droves.

The new Muslims brought with them not only their ancient heritage and culture, but methods of looking at the sublime questions of life in ways fundamentally different from that of the Arabs. Historical Islam had to face the rationalism of the Greeks, the stratification of the Zoroastrians, the dharma of the Hindus, the abnegation of the Buddhists, and the secular but highly refined ethical codes of the Taoist and Confucian Chinese.

Fiqh was the doctrinal response of the Islamic civilization to these challenges. The codification of Fiqh solidified the foundation of Islamic civilization and was the cement for its stability through the turmoil of centuries. As long as the process of Fiqh was dynamic, creativity and ideas flowed from Islam to other civilizations. When this process became static and stagnant, historical Islam increasingly turned inwards and became marginalized in the global struggle of humankind.

A definition of the terms Shariah and Fiqh is in order at the outset. Shariah is the constant, unchanging, basic dimension of Islam. It has its basis in the Qur’an, and it derives its legitimacy from Divine sovereignty. Shariah defines not just the relationship of man to man, but also the relationship of man to God and of man to the cosmos. As such, it is all-embracing and its dimensions are infinite.

Fiqh is the historical dimension of the Shariah and represents the continuous and unceasing struggle of Muslims to live up to divine commandments in space-time. It is the rigorous and detailed application of the Shariah to issues that confront humankind as it participates in the unfolding drama of history. As such it embraces the approach, the process, the methodology as well as the practical application of the Shariah. It defines the interface of an individual with himself, his family, his community, his society, as well as the civilizational interface between Islam and other faiths and ideologies.

The foundation of Fiqh was laid in the early days of Islam when the Qur’an was revealed as the spoken Word of God. Many of the Prophet’s Companions memorized the Qur’an, becoming known as the Hafizun (memorizers) and Qura’a (reciters). Concerns about preserving the Qur’an arose after the Battle of Yamama, in which many Hafizun perished. To prevent the loss of the Qur’an, Caliph Abu Bakr ordered its compilation into a written text. This compilation was later standardized under Caliph Uthman to ensure uniform pronunciation and interpretation as Islam spread to regions with different linguistic backgrounds.

As the first generation of Muslims passed away, the need for a structured approach to Islamic jurisprudence became evident. The Companions had witnessed the revelation of the Qur’an and understood its context firsthand, often drawing on the Prophet’s living example to address legal and ethical matters. They applied the Qur’an and Sunnah directly when guidance was explicit, but when faced with new or ambiguous situations, they relied on Ijma (consensus) and reasoning. This process of consultation and reasoned judgment set the stage for the development of Usul al Fiqh (principles of jurisprudence).

The gradual codification of Fiqh led to the establishment of several major schools of thought, each offering a distinct methodology for interpreting and applying Islamic law. These schools emerged as Islam expanded and interacted with various cultures, each contributing to the rich tapestry of Islamic jurisprudence.

The Hanafi School
The Hanafi School, named after Imam Abu Hanifa (d. 768) is known for its emphasis on flexibility and rationalism. Abu Hanifa lived in Kufa, which was far away from Mecca and Madina and a melting pot of Arabs, Persians, Turks, Greeks, and Indians. He recognized that the strict application of traditional methods might not suffice in addressing the complexities of a vast and diverse empire. He introduced a structured approach to legal reasoning, prioritizing the Qur’an, the Sunnah, the consensus of some Companions, analogical reasoning (Qiyas), and juristic preference (Istihsan). Istihsan allowed for creative legal solutions when strict adherence to precedent would lead to hardship or injustice. This approach made the Hanafi School adaptable and pragmatic. The egalitarian nature of Abu Hanifa’s teachings, which emphasized equality regardless of ethnicity, resonated with non-Arabs and the Hanafi fiqh gained popularity in regions like Central Asia, Turkey, and the Indian subcontinent.

The Maliki School
Imam Malik (d. 795), the founder of the Maliki School, developed his jurisprudence in Madina, the city of the Prophet. Malik placed great importance on the practices of the people of Madina, whom he considered the most authentic interpreters of the Prophet’s teachings. He emphasized strict adherence to the Sunnah and required the consensus of the entire community of Companions as a basis for legal rulings. His cautious approach to innovation and his emphasis on the living tradition of Madina gave the Maliki School a reputation for orthodoxy. The Maliki School spread to North and West Africa, where it remains dominant. The school’s dissemination was facilitated by trade routes and the Hajj pilgrimage, which connected North African Muslims to the teachings of Madina. The Berbers of North Africa and the nomadic Bedouins found a cultural affinity with Malik’s teachings, further solidifying the school’s influence in the region.

The Shafi’i School
Imam Shafi’i (d. 820) of Damascus is credited with formalizing the principles of Islamic jurisprudence and establishing a systematic methodology. His work "Risalah" laid the foundation for Usul al Fiqh, providing a comprehensive framework for interpreting Islamic law. Shafi’i emphasized the primacy of the Qur’an and Sunnah while accepting Qiyas as a valid method of reasoning. However, he rejected Istihsan, arguing that it could lead to subjective interpretations. Shafi’i’s balanced approach sought to reconcile the rigidity of the Maliki School with the flexibility of the Hanafi School. His teachings spread to Egypt, East Africa, and Southeast Asia, where they were embraced by diverse Muslim communities. The Shafi’i School produced many notable scholars, includingImam Al-Ghazali (d. 1111), whose contributions to Fiqh and theology had a profound impact on Islamic thought.

The Hanbali School
Founded by Imam Ahmad ibn Hanbal (d. 855) of Baghdad, the Hanbali School is the most conservative of the Sunni schools. Imam Hanbal emphasized strict adherence to the Qur’an and Sunnah and rejected speculative reasoning and innovative methods. His rigorous approach was a reaction to the perceived dangers of rationalism and the influence of foreign philosophies. The Hanbali School initially struggled to gain widespread acceptance but later became influential in the Arabian Peninsula, particularly through the Wahhabi movement. Today, it forms the basis of Saudi Arabia’s legal system and is known for its strict interpretation of Islamic law and its opposition to practices considered bida’a (innovation).

The four schools of Sunnah fiqh differ in their emphasis but are mutually compatible and recognize the edicts of one with the other.

The Ja’afariya School
The development of Shia jurisprudence occurred in parallel with the Sunni schools, with the Ja’afariya School emerging under the leadership of Imam Ja’afar al-Sadiq (d. 765). This school is named after Imam Ja’afar as Sadiq, a towering figure in Islamic history. A revered sage, his halaqa (study circle) in Madina was frequented by both Imam Abu Hanifa and Imam Malik. The Ja’afariya School emphasizes the spiritual and legal authority of Ahl-al Bait (the Prophet’s family) and the concept of Wilayat (guardianship). It recognizes the Imamate of twelve Imams, beginning with Imam Ali and ending with Imam Muhammad al-Mahdi. The doctrine of Isma (infallibility) asserts that the Imams are divinely protected from sin and error. In its legal methodology, the Ja’afariya School allows for Ijtihad (independent reasoning) but places particular importance on the teachings of the Imams. While differences exist between Ja’afariya and Sunni Fiqh, especially in matters of personal law, the two traditions converge on broader Islamic principles. The Ja’afariya School’s influence is most prominent in regions with significant Shia populations, such as Iran, Iraq, Syria and parts of Lebanon and the India-Pakistan subcontinent. (Continued next week)

(The author is Director, World Organization for Resource Development and Education, Washington, DC; Director, American Institute of Islamic History and Culture, CA; Member, State Knowledge Commission, Bangalore; and Chairman, Delixus Group)