Maqasid al-Shari’ah and fanaticism

The attitude of some people now  is ‘my way or the high way’. I have the most correct or the most authentic view and therefore I am upon the Sunnah! You know what I’m talking about, right? We’ve all been there. The reason why people have this attitude is perhaps due to their incorrect knowledge (or the lack of it) in regards to the Shari’ah or more specifically fiqh (Islamic jurisprudence) – fiqh is not a monolithic system which one group or individual has monopoly over, but it is as spacious as the oceans of the earth.

It’s surprising that people who previously criticised ‘certain groups’ and ‘individuals’ for carrying and promoting certain views such as voting or political participation, hijrah (migration), establishing groups or organisations, engaging with non-Muslims and a host of other issues - have now, not only adopted the same opinions they used to criticise. Not only that, in some respects they condemned others for espousing it, but they these same people are now promoting and advocating them amongst their circles of influence.

What this teaches us that we should not be rigid or stubborn in following opinions where there is legitimate differences of opinion among the fuqaha. If giants like Imam Abu Hanifa, Imam Shafi’ and others were known to have changed their views, what about people like us, especially those who may not have any formal training in traditional scholarship?

It wasn’t always like this. One of the greatest aims (Maqasid) of Islamic Law (Shari’ah) as enumerated by the scholars of Maqasid is that it came to preserve and protect freedom to learn (ta’allum), to educate and instruct others (ta’lim), to produce intellectual works, and to publish one’s views. Imam Ibn ‘Ashur writes about this and how it flourished during the era of the Salaf (great predecessors):

‘This aspect of freedom was best manifested during the first three centuries of Muslim history, when scholars could announce their views and doctrines and argue for them openly without this causing any animosity. Indeed, this was an embodiment of the Prophet’s Saying in which he stated: “May God brighten a man who hears a tradition from us, learns it by heart and passes it on to others. Many a bearer of knowledge conveys it to one who is more versed than he is; and many a bearer of knowledge is not versed in it”.’ (Ibn ‘Ashur: Treatise on Maqasid, IIIT. Eng Ed, p.161)

Imam Shafi’ clearly exemplified the above state of affair when he said: “I am convinced of the veracity of my opinion, but I do consider it possible that they may turn out to be incorrect. Likewise, I am convinced that the views different from mine are incorrect, but I do concede the possibility that they may turn out to be right.” It was in the same vein that Imam Shafi’ said he would not debate with anyone except that he would make dua to Allah for the truth to manifest on his opponent’s lips. This exemplary humility was not only adorned by Imam Shafi’ but all the scholars respected each other and were far away from being arrogant or stubborn.

Unfortunately, the negative attitude is still prevalent in certain quarters. There are some people who make it their mission to impose their understanding of a certain matter (in fiqh) and they will do whatever it takes to bind you upon their position. And if you’re not in agreement with their way of thinking and opinions, then you’re considered weak or not upon the Sunnah! You may say that this is fine let them say what they want. But, what happens in most situations is that people begin to oppress and wrong others (zulm) - and that is the problem.

Imam Ibn ‘Ashur also quotes the famous incident between Imam Malik and Abu Ja’far al-Mansur, when the latter said: “I have decided to copy your book (Muwatta of Imam Malik), send one copy of it to each of the regions of the caliphate, and order (the people) to abide by it and not leave it to anything else.”

Imam Malik could have agreed to this suggestion, but he replied: “O leader of the faithful, do not do so, for people have already learnt certain views and known certain traditions, and the inhabitants of each region have adhered to one or other of the different opinions of the Companions of God’s Apostle and others according to which their religious practice has been shaped. Prevent them from that will be hard, so leave people to their practice and to what they have chosen for themselves.” (Ibn ‘Ashur: Treatise on Maqasid, IIIT. Eng Ed, p.161-162)

I wonder what response people would give if the same situation happened now? Observing the attitude of some, it does not look good!

The Shari’ah came to give people the freedom to think, act and express themselves as long as they stick within the parameters set out by God or His Messenger. God, if He had willed, could have made us into one nation, one race, one religion, one Madhab, etc. However, in order for Him to test us and elevate us in this Life, He has made us into nations and tribes. The question is, will people remain closed or will they show some respect and open mindedness?