Home 
Contact 
Profile 
Videos 
Paper presented at workshops on Islamic Thought in Nigeria June-July 2008 by Dr Omar Hasan Kasule MB ChB (MUK), MPH (Harvard), DrPH (Harvard) Professor of Epidemiology and Islamic Medicine at Universiti Brunei Darussalam and Visiting Professor of Epidemiology at University of Malaya. WEB: http://omarkasule.tripod.com
1.0 OVERVIEW
The paper starts from the assertion that 2 internal factors, a knowledge crisis and a thought crisis, are major causes of ummatic weakness. These 2 factors combine to lead to ummatic malaise manifesting in the religious, social, political, economic, technological, and military dimensions. The knowledge crisis can be resolved by reforming education systems and even more important reforming the epistemology methodology of research in the various disciplines of knowledge so that it conforms to the paradigms of tauhid and objectivity, istiqamat. The thought crisis will be resolved by research that identifies and defines problems of the society and then proposed solutions based on the bird-eye view frame-work of the higher purposes of the Law, maqasid al shari’at. This paper focuses on the thought crisis. The knowledge crisis is covered in another paper.
2.0 THOUGHT FAILURE
Thought failure in the ummah could manifests as intellectual stagnation, syncretism, lack of vision, superficiality, rituality, esoterism, sterile argumentation, and use of un-Islamic intellectual tools. Intellectual stagnation is suppression of the freedom of thought, closure of ijtihad, blind following, taqlid, and fanaticism for a madh’hab. Syncretism, talfiq, is juxtaposition of ideas that are incompatible without attempting to analyse them critically to arrive at a synthesis or favor one of them, tarjiih. There is lack of vision as a guide vision for the present and the future, ru'uyat mustaqbaliyyat. Superficiality, satahiyyat, is concern with minor inconsequential issues. False outward manifestations of religious rituals, shakliyaat, with a dead core is common. Esoteric sects, al firaq al batiniyyat, claim to have secret agendas or knowledge exposed to a select few and is a cause of social disruption. Sterile arguments, jadal, lead to no purpose or goal of practical utility. Intellectual analysis using un-Islamic terminology and concepts compounds the intellectual confusion.
3.0 UNRESOLVED ISSUES FROM THE PAST
Thought failure is responsible for the following issues that started in the past and are not yet resolved up to today. These issues are still causes of controversy when they should not be. The role of human free will, qadriyyat, versus that of pre-determination, al jabriyah, in human actions is still not fully understood. Acceptance of repentance, taubah, or faith, iman, for persons who commit major sins is still being debated when the texts are clear on it. Discussions of the essence of Allah, dhaat al llaah, and attributes of Allah, sifaat al llaah, are still leading many astray when it is clear that human intellect can not grasp the nature of Allah and should not be engaged in such an endeavor. Many still do not understand the scope of knowledge through reason, ‘aql, and that of transmitted knowledge, naql, as well as the relation between the two. There are still many who do not understand pre-determination, qadar, and causality, sababiyyat, and how they interact in human actions.
4.0 UNRESOLVED CONTEMPORARY ISSUES
Thought failure is also responsible for the following major contemporary intellectual issues still unresolved. The woman; her nature, role, rights, and responsibilities; are still being debated. Plurality of opinion and practice is a cause of unnecessary controversy. Leadership, imamat, its qualifications, selection, roles, and scope of responsibility are not fully defined. Shura is presented as theoretical concept but its practical application is not properly worked out. Application of Islamic teachings to today’s realities: economy, education, politics, and international relations are still being discussed.
5.0 CONTEMPORARY SOCIAL CRISIS
5.1 The calamity of the ummat, balaau al ummat:
The ummat is now experiencing 15 things that the prophet warned would herald catastrophy of the ummat, balau of the ummat: 1. Wealth circulates in a small closed circle, al ghina dawla; 2. Trust is considered rare, al amanat maghnaman; 3. Zakat is considered a burden, al zakat maghraman; 4. Husbands obey their wives; 5. Mothers are mistreated, ‘aqqa ummuhu; 6. A close friend is abandoned, barra sadiiquhu; 7. Fathers treated coldly, jafa abaahu; 8. Noises of dispute in the mosque, irta’at al aswaat fi al masajid, 9. The evil doer becomes the leader of the tribe, saada al qabilat faasiquhum, 10. The leader of the community is the lowest of them morally, wa kaana za’iim al qawm ardhalihim; 11. A man is respected for fear of his evil, ikraam al rajul makhafat sharuhu; 12. Taking intoxicants, shuribat al khumuur; Wearing silk by men, labs al hariir; Music, ittukhidhat al al qayiat wa al ma’azif; Later generations cursing the earlier generations, la’ana aakhir al ummat awaluhum”[1].
5.2 Repulsive social conditions, al munaffiraat:
The prophet also described manifestations of frightening social degeneration, munaffiraat, that are signs warning of the approach of the Last Day, ashraat yawm al qiyamat. The end of time will be characterized by ignorance of the religion, spread of zina, drinking of intoxicants, imbalance in the women to men ratio until there are 50 women for 1 man[2]. Scholars will pass away and ignorant persons will become leaders who will be asked and will answer from ignorance[3]. People will say ‘la ilaaha illa al llaah’ because they found their forefathers saying it but do not know what it means[4]. Sexual immorality will become so wide-spread that men and women will no longer have shame of coitus on a public road[5] and will behave like donkeys[6]. Killing will become common[7]. People will kill their neighbors, brothers, uncles, and sons of his uncle. The companions asked the prophet what would have happened to people’s minds? The prophet answered that Allah will take away the minds of the people and leave them as people who seem to be after something when they are after nothing’[8]. Iman will become unstable. A man will wake up a believer and becomes a non-believer in the evening and a believer in the evening will become a non-believer by the next morning selling his iman for goods of the duniya[9]. Public immorality will become extreme such that the liar is believed, the truthful is disbelieved, the dishonest is trusted, the trustworthy will be considered dishonest, and the stupid will be the spokesmen[10]. Muslims will blindly follow the Yahud and Nasara like lizards follow one another into the lizard hole[11]. Muslims will be attacked and humiliated by their enemies. When the companions asked whether that will be due to Muslims being few, he replied that the Muslims will be many but will be weak because of their love of the duniya and fear of death[12]. Greed, materialism, competition, and mutual jealousy will increase[13]. Excessive luxury, taraf, will occur with people eating choicy foods and wearing choicy clothes[14]. Allah warned that when the duniya is at the height of luxury Allah will send His command and all will be destroyed[15].
6.0 FIQH AS THE CAUSE AND AS THE SOLUTION
Problems of thought in the past were mainly centered on misunderstanding ‘aqidat. Fortunately most of these ‘aqidat issues were either resolved or are no longer a major cause of controversy being discussed in a marginal way. Few Muslim intellectuals today are aware of qadriyyat, jabriyyat, maturdiyyat, ‘ash’ariyyat, ittihadiyyat, hululiyat, jahmiyyat, kilaabiyyat, druze, khawarij, mu’utazilat, ruwandiyyat, baatiniyyat, dahriyyah, & marji’at. The persisting problems arise from a narrow and literal understanding of the shari’at and differences on fiqh have divided the ummat in the recent past on many issues. If the cause is fiqh the solution will also be found in fiqh. We need to relook at society from a general bird eye view using the higher purposes of the Law, maqasid al shari’at then we will be able to make some progress. The shari’at was revealed to fulfill 5 higher purposes: religion, hifdh al ddiin; life, hifdh al nafs; progency, hifdh al nasl; intellect, hifdh al ‘aql; and resources, hifdh al maal.
7.0 RESOLVING THE SOCIAL CRISIS BY ACTUALIZATION OF THE PURPOSES OF THE LAW, maqasid al shari’at
7.1 Historical background
The 5-6th centuries of hijra were a period of new developments in the law. This was a time when the work on the fixed part of the law was completed. It was also a time of much intellectual activity in the ummat as the fall-out from the intellectual impact of Greek ideas continued. Any further developments in the law required opening up new the flexible part of the law which necessitated discussion of the purposes of the law. It was at this time that al Ghazali and his teacher Imaam al Haramain al Juwayni introduced the ideas that underlie the concept of maqasid al shari’at. Pioneers in the development of the theory of Purposes of the Law, maqasid al sharia, were al Juwayni, Ghazzali d. 505 AH, Sheikh al Islam Ahmad Ibn Taymiyyah (d. 728H), Ibn al Qayyim al Jawziyyat (d. 751H), al Shatibi (d 790 AH). Ibn al Qayyim studied from Ibn Taymiyah who in turn studied from al Juwayni. Ghazzali's new theory of the purposes of the law was in the flexible part of the law. It opened up new challenges. His work was extended by Ibn Taymiyat and Ibn al Qayim. The field of the purposes of the law witnessed little development until revived by the Abdalusian Maliki scholar Imaam Abu Ishaq al Shatibi in the 8th century AH who elaborated Ghazzali's theory. Our subsequent discussion of the purposes of the law is from al Shatibi's book al muwafaqaat fi usuul al shariat
7.2 Overview of the concept of maqasid
The following over-view is based on al Shatibi’s writings. Al Ashatibi drew attention to the importance of an over-all instead of a partial approach. He argued that the aim of ijtihad was to discover the purpose of the lawgiver, al shariu, in order to reach a legal ruling, hukm shar’i.
The law was revealed to fulfill specific underlying purposes that will ensure success, falah, in this world and the hereafter. The supreme purpose of the law is to free the human from the grip of his own whims and fancies so that he may be a servant of Allah by choice just as he is without choice, al maqsad al sharei min wadai al shariat ikhraaj al mukallaf min daa'iyat hawaahu hatta yakuuna abdan li laahi ikhtiyaaran kama huwa abdan li laahi idhtiraaran. The law was specifically promulgated for the interests or benefit, masaalih, of the people. The law is on the side of the people and not against them. The law makes human life easier and not more difficult. The law is therefore flexible to help the people. People who make religion difficult, mutashaddidiin fi al ddiin, are misunderstanding the law.
Humans using their reasoning cannot reach the best interests on earth, masalih al duniyawiyyat; they need the Law to give them guidance. The masalih and the harms/evils, mafasid cannot be determined by human whims and fancies. On earth there is no absolute benefit or evil. Every human action involves both. The purpose of the Law is therefore to choose the best equilibrium. The original position is that benefits are permitted, halal, and harms, madhaar, are forbidden, haram. The law alone defines what is a benefit and what is a harm; human intellect and desires or whims are unreliable in this exercise. Human judgment is limited in purely earthly benefits. In both valid and non-valid actions, the basis for legal rulings, hukm, is the maslahat. The law-giver issues injunctions on the basis of which of the two predominates, benefit or harm. If benefit and evil are contradictory, we look for a middle of the way position, al tasaawi, or determining which should predominate, tarjiih. In the hereafter, both good and bad are absolute and are invariant.
The maqasid are permanent, kulliyaat abadiyyat. This is the basis of consistency. They are derived from the original texts, nass, by induction and are therefore definitive, qata’i. Use of the maqasid ensures that the law is protected from being lost, dhia, or being changed, tabdiil. The maqasid are one indivisible whole, kulliyat la tankharim. Exceptions, branches, or parts, juz’iyaat, that are not understandable to the human should not detract us from the holistic, kulliyat, understanding the purposes of the law. Imaam al Shatibi however emphasized that the parts, juz’iyaat, must be preserved if the whole, kulliyaat, are to be maintained. It is a mistake to consider the specifics only while ignoring the overall kulliyat.
The purposes of the law are developed from the texts, nass, by a process of induction, istiqra, and not deduction. They are therefore definitive, qatai, sources of law.
The 1st to 14th centuries witnessed relatively little change in the ummat in the physical sense. However in the 15th century, technological changes have created new and complex problems that require a bird's eye view for solution. It is the maqasid that can provide this bird's eye view and thus lead to appropriate solutions.
There are 5 necessities, al daharuuraat al kahmasat that are generally referred to as the 5 Purposes of the Law maqasid al shariat arranged here in order of importance: religion, diin; life, nafs, the mind, 'aql; progeny, nasl; and property, maal. Each purpose has two components: acquisition, tahsil, and maintenance, ibqa. Ibqa in turn has two components: preservation and protection from harm. These 5 necessities are also called al usuul al kulliyat or kulliyat al sharia. The 5 purposes are permanent and are unchangeable, kulliyat abadiya).
7.3 Protection of religion, hifdh al ddiin
Protection of ddiin covers a wide scope of ‘ibadat, aadaat, munakahaat, and mu’amalat. ‘Ibadat involves faith, iman; the 2 testaments, shahadatain; prayer, salat; fasting, siyaam; and pilgrimage, hajj. It is the most important because it involves both duniyat and akhirat. Activities of daily living, ‘aadaat, like food, drink, sleep indirectly contribute to the preservation of diin by making sure humans are in good physical health to undertake activities of physical ‘ibadat. Marriage and family, ensure religion by protection from illegal sexual intercourse. The family transmits and teaches 'aqidat as well as Islamic culture. Transactions, mu’amalaat, involving exchange of goods and services enable mutual reliance in the society and enable all members to get the essentials of life in an easier way than if they had to get everything for themselves. Thus mu'amalat are necessary for life and health without which ibadat is not possible. Criminal laws, jinayaat, protect ddiin in various ways for example laws against apostasy protect religion and laws that forbid spread of evil ideas and practices protect ‘aqidat and morality.
7.4 Protection of life, hifdh al nafs
‘Ibadat like salat leads to inner tranquility, sakiinat, which is necessary for establishment and maintenance of a peaceful society. In ‘aadaat, maintenance of life includes eating, drinking, dress, shelter, medical treatment, and physical exercise. In munakahaat, the reproductive function, a necessity for continuation of human life by making sure that children succeed their parents, is best served in a legal marriage. The law regulating marriage and family life contributes to the biological survival of the human race. Children grow well and are healthy physically and mentally if they are in a family. In mu'amalaat, essential goods and services like food, medical care, and shelter are served by business transactions in which people exchange goods and services. Without these essentials life and health would be jeopardized. In jinayaat, many laws were promulgated to protect life and promote health. The laws on quarantines during epidemics, the isolation of persons with contagious disease, the laws of revenge, qisas, for homicide, laws on physician liability for professional errors and negligence, the punishment for taking alcohol and other intoxicants.
7.5 Protection of progeny, hifdh al nasl
Family life according to the Law ensures issue of progeny and protection of children to grow into adults who will reproduce and continue the human race. In ‘aadaat, good nutrition of young girls ensures that they grow into healthy potential mothers who will bear healthy babies and are at low obstetric risk. Good nutrition in pregnancy ensures optimal intra-uterine fetal growth and development and easier delivery with minimal intra-natal and post-natal complications. All these measures taken together ensure healthy offspring. In munakahaat, maintenance of progeny includes the regulations about marriage, family life, and child upbringing. This purpose has several interpretations. It is wrong to use it to refer to protection of the race because race in Islam is forbidden. It can be referred to protection of honor, ‘irdh. The best interpretation is protection of paternity and preservation of the family. The rules of marriage, divorce, nafaqat, and child upbringing fall under this purpose. The mahr given to the wife on marriage ensures economic independence for her in case of dissolution of the marriage. In mu'amalaat, the laws of inheritance ensure proper transfer of property rights from the parents to their young children so that they have the means to sustain them to grow into adulthood. In jinayaat, the laws about paternity ensure that biological fathers have the legal and financial responsibility for physical care of their children until they grow up. The laws against illegal sexual relations like zina and liwat ensure that people marry and have children. It is the experience of all human civilizations that the birth rate falls in situations of wide-spread sexual immorality.
7.6 Protection of the mind, hifdh al ‘aql
‘Ibadat leads to calmness, tama'aninat nafsiyat, that is essential for mental health. In ‘aadaat, maintenance of the mind includes avoiding doing or consuming what affects the intellect like alcohol, drugs, and all addictive habits. Poor nutrition leads to neuropathies that affect intellectual function. In munakahaat, psychological calmness and stability of the family is necessary for mental health of the spouses and the children. Scientific research has shown that children who grow in dysfunctional families have many psychological problems as adults. In mu'amalaat, poor economic conditions and disturbance of normal transactions lead to poverty and need. These contribute a lot to psychological imbalances. In jinayaat, the law provides heavy penalties for false accusations of adultery because of the psychological distress caused to all members of the family.
7.7 Protection of wealth, hifdh al mal
Zakat cleans wealth and protects it. In ‘aadaat, the Law discourages wasteful eating and drinking which lead to poverty. In munakahaat, mahr ensures financial independence of the woman and gives her security. The obligation of nafaqat protects the family from poverty and material want. In mu'amalaat, the regulations about property, trade, and inheritance are for the preservation of property rights. In jinayaat, the punishment for stealing protects property rights.
FOOTNOTES
1 al durar al suniyyat fi al ajwibat al najdiyyat Volume 7 page 252. ? date
2 Inna min ashraat al saa’at an yurufa’u al ‘ilm, wa yadhharu al jahal, wa yafshu al zina, wa yushrabu al khamr, wa yadhihabu al rijaalu wa yabqa al nisa hatta yakuuna li kahmissina imra’at qayyiman waahidan’ (Muslim).
3 Mukhtasar Sahih Muslim Hadith No. 1858 Kitaab al ‘Ilm.
4 silsilat al ahadiith al sahiihat 1:127 No 87
5 ‘wa allathi nafsi bi yadihi, la tafni hadhihi al ummat hatta yaquuma al rajul ila al mar at fayaftarishuha fi al tariiq fayakuun khiyaaruhum yawmaidhin man yaquul law waarayitaha khalfa hadha al hait. (silsilat al ahadiith al sahiihat 1:789)
6 Sahih Muslim 8:197-198
7 Bukhari 9:87 Fitan
8 hatta yaqtula al rajul jaarahu. Wa yaqtul akhaahu, wa yaqtula ‘ammahu, wa yaqtula ibn ‘ammihi. Qaaluu ya rasuula al llaah wa ma’ana ‘uquulana? Qaala: innahu layanzi’u ‘uquul ahl dhaalik wa yakhluf lahum habaaan min al naas yahsabu aktharuhum annahum ‘ala shay wa laisu ‘ala shay’ silsilat al ahadith al sahiiha: 4:248.
9 ‘baadiru bi al a’amaal fitnan ka qita’I al lail al mudhlim yasbahu al rajul muminan wa yamsi kaafiran wa yumisi mumuminan wa yasibahu kaafiran yabii’u diinahu bi ‘aradhi min al duniya’
10 silsilat al ahadith al sahihat: 4:508 No 1881
11 Latatiba’anna sunan man kaana qablakum shibran bi shibri wa dhiraa’an bi dhiraa’in hatta lay dakhaluu juhra dhabbi lataba’atumuuhum. Qulna ya rasul al llaah al yahuud wa al nasaara! Qaala faman?
12 Yuushaku al umam al tatadaa’a ‘alaikum kama tatadaa’a al aklat ila qas’atiha faqaala qailu amin qillatin nahnu yawmaifhin? Qaala la bal antum yawmaidhin kathiir wa lakinnakum ghuthaau ka ghuthaai al sail wa liyanza’anna al llaahu min suduri ;aduwwikum al mahaabat minkum wa liyaqdhifanna fi quluubikum al wahan qiila wa ma al wahan? Hubb al duniya wa karaahiyat al mawt’ Ahmad 5:278.
13 Silsilat al ahadiith al sahiihat 4:248
14 Inna min shiraar ummati alladhiina ghadhu bi al na’im, alladhiina yatlibuuna alwaana al ta’an wa alwana al thiyaab yatashaddaquun bi al kalaam’ silsilat al ahadiith al sahihat 4:512 No 1891
15 Surat Yunus 24