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Paper presented at the Epistemology Institute in Cairo on 28th June 2008 by Professor Omar Hasan Kasule.
ABSTRACT
This paper presents some preliminary concepts on methodology and then gives outlines for small discipline-based discussion groups that can lead to understanding methodological issues in a practical way.
1.0 CONCEPT
Methodology started with Adam naming and classifying all things followed by trial and error discoveries and later by systematic methodological investigation. Inspired by the Qur’an, Muslims developed the empirical scientific methodology that triggered the European reformation, renaissance, and scientific and technological revolution starting in the early 16th century CE. Francis Bacon (1561-1626), the first European to write systematically about the empirical methodology was inspired by Muslim science reaching Europe in his times. Europeans copied the empirical methodology without its tauhidi context, rejected wahy as a source of knowledge, and later imposed badly-copied secularized science on the Muslim world. Ancient Muslim scientists had shown that wahy, ‘aql, and empiricism were compatible and had used methodological tools from the Qur’an to correct deficiencies and improve Greek science before passing it on to Europeans. They replaced Aristotelian deductive logic and definitions with an Islamic inductive logic inspired by the Qur’an.
2.0 METHODOLOGY FROM THE QURAN, manhaj qur’ani
The Qur’an provides general guiding principles and is not a substitute for empirical research. It enjoins empirical observation; liberates the mind from superstition, blind following, intellectual dependency, and whims. Its tauhidi paradigm is the basis for causality, rationality, order, predictability, innovation, objectivity, and natural laws. Laws can be known through wahy, empirical observation and experimentation. The Qur’anic teaches the inductive methodology, empirical observation, nadhar & tabassur; interpretation tadabbur, tafakkur, i’itibaar & tafaquhu; and evidential knowledge, bayyinat & burhan). It condemns blind following, taqliid, conjecture, dhann; and personal whims, hiwa al nafs. The Qur’anic concept of istiqamat calls for valid and un-biased knowledge. The Qur’anic concepts of istikhlaf, taskhir, and isti’imar are a basis for technology. The concept of ‘ilm nafei underlies the imperative to transform basic knowledge into useful technology.
3.0 METHODOLOGY FROM THE CLASSICAL ISLAMIC SCIENCES
Classical sciences and their concepts are applicable to science and technology. Tafsir ‘ilmi and tafsir mawdhu’e parallel data interpretation in empirical research. ‘Ilm al nasakh explains how new data updates old theories without making them completely useless. ‘Ilm al rijaal can ascertain the trustworthiness of researchers. ‘Ilm naqd al hadith can inculcate attitudes of critical reading of scientific literature. Qiyaas is analogical reasoning. Istihbaab is continued application of a hypothesis or scientific laws until disproved. Istihsan is comparable to clinical intuition. Istislah is use of public interest to select among options for example medical technologies. Ijma is consensus-building among empirical researchers. Maqasid al shariat are conceptual tools for balanced use of S&T. Qawaid al shariat are axioms that simplify complex logical operations by using established axioms without going through detailed derivations.
4.0 ISLAMIC CRITIQUE OF THE EMPIRICAL METHOD, naqd al manhaj al tajribi
Using methodological tools from the Qur’an and classical Islamic sciences, Muslims developed a new empirical and inductive methodology in the form of qiyaas usuuli and also pioneered the empirical methods by experimentation and observation in a systematic way as illustrated by the work on Ibn Hazm on optics. They criticize ancient Greek methodology as conjectural, hypothetical, despising perceptual knowledge, and based on deductive logic. They accept the European scientific method of formulating and testing hypothesis but reject its philosophical presumptions: materialism, pragmatism, atheism, rejection of wahy as a source of knowledge, lack of balance, rejection of the duality between matter and spirit, lack of human purpose, lacks of an integrating paradigm like tauhid, and being Euro-centric and not universal. European claims to being open-minded, methodological, accurate, precise, objective, and morally neutral have been observed not to hold in practice. In its arrogance it treats as absolute probabilistic and relativistic empirical knowledge based fallible human observation and interpretation.
5.0 REFORM OF THE ARTS, islaah al funuun
5.1 Language Arts
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
5.2 Fine Arts
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
5.3 Music
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
5.4 Drama
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
5.5 Crafts
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
6.0 REFORM OF EDUCATION, islah al tarbiyat
6.1 Definition of Education
§ Educational media
§ Educational psychology
§ Educational system
§ Pedagogy: is concerned with the study of teaching methods.
§ Philosophy of education
6.2 History of Human Knowledge / Education
§ Adam and the beginnings of human knowledge
§ Knowledge from revelation
§ Development of empirical knowledge: The ancient world, European medieval era, The Muslim era, From the European renaissance to the 17th century, and the 18th and 19th centuries
§ Rationalism vs. empiricism
§ Empirical laws and theories
§ Development of language, literacy, & numeracy
6.3 Dissemination of Knowledge
§ Hand written books
§ Printed books
§ Publishing industry
§ Encyclopedia
§ Libraries
6.4 Educational Institutions
§ School education: Nursery, Pre-school, Elementary school, and Secondary school
§ Higher education: Definition of higher education, Objectives of higher education, Institutions of higher education (college and university), History of university education
§ University education: Academic freedom, Financing of universities, Administration of universities, Academic programs at universities, Academic degrees:
§ Professional education: Legal education, Medical education, Others
§ Madrasah education: definition, history of the madrasah, madrasah curriculum
§ Education of the masses (adult education)
6.5 Research Methods
6.6 Islamic Epistemological Critique of Basic Paradigms and Concepts
6.7 Islamic Introduction to the Discipline
7.0 REFORM OF LIFE SCIENCES: STUDY OF ORGANISMS
7.1 Biology
§ Definition
§ Classification
§ Historical development
§ Research methods
§ Islamic epistemological critique of basic paradigms and concepts: philosophy of biology, the theory of evolution, characteristics of living things, levels of organization, biological rhythm, biological development, homeostasis, unity of life, diversity of life forms, inter-relationships among organisms, continuity, and cellular structure.
§ Islamic introduction to the discipline
7.2 Zoology
§ Definition and classification
§ Historical development
§ Research methods
§ Islamic epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
7.3 Botany
§ Definition and classification
§ Historical development
§ Research methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic Introduction to the discipline
7.4 Ecology
§ Definition and classification
§ Historical development
§ Research methods
§ Islamic epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
7.5 Taxanomy
§ Definition and classification
§ Historical development
§ Research methods
§ Islamic epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
7.6 Microbiology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
7.7 Parasitology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
8.0 REFORM OF LIFE SCIENCES: STUDY OF STRUCTURE
8.1 Anatomy
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
8.2 Histology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
8.3 Embryology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
9.0 REFORM OF LIFE SCIENCES: STUDY OF FUNCTION
9.1 Biochemistry
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
9.2 Biophysics
§ Definition and classification
§ Historical development
§ Research methods
§ Islamic epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
9.3 Physiology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
9.4 Pharmacology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
10.0 REFORM OF LIFE SCIENCES: STUDY OF DISEASE AND TREATMENT
10.1 Pathology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
10.2 Pharmacy
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
10.3 Pediatrics
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
10.4 Internal Medicine
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
10.5 Psychiatry:
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
10.6 Family Medicine:
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
10.7 Geriatric Care:
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
10.8 Surgery
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
11.0 REFORM OF LIFE SCIENCES: OTHER DISCIPLINES
11.1 Biostatistics
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
11.2 Epidemiology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
11.3 Public Health
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
11.4 Legal Medicine
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic paradigms and concepts
§ Islamic introduction to the discipline
12.0 REFORM OF MEDICINE, islaah al tibb
12.1 Pre-Islamic Roots of Medicine
§ WEST ASIA AND NORTH AFRICA: Ancient Egypt, Babylon, Syriac, Persia, Arabian peninsula
§ SOUTH ASIA: India
§ EAST ASIA: China, Japan
§ MEDITERRANEAN: Greeks and Romans
§ The European medieval period (immediate post-Roman period)
§ Byzantines
12.1 Medicine in the Early Islamic Period (0 – 132 H)
§ Pioneer nurses eg Rufaidah bint Sa'ad
§ Pioneer physicians: eg al Harith Bin Kaldat
12.2 Medicine in West Asia: The Early Abbasid Period (132–656h)
§ Pioneer physicians: Bakhtishu’u family, Masawayh family, others
§ Achievements in the early Abbasid era
12.3 Medicine in West Asia: The Later Abbasid Era (659–923h)
§ Tatar invasion
§ General decline including medicine
12.4 Medicine in the Maghreb and Andalusia:
§ Spread of medical knowledge spread to Europe from Andalusia
§ Famous Andalusian physicians: Zahrawi, Ibn Rushd, Ibn Zuhr etc
12.4 Muslim Contributions to Medical Knowledge
§ Basic medical sciences: Anatomy, Physiology
§ Medical disciplines: Infectious diseases, Blood circulation, Psychiatry, Metabolic/endocrine diseases, Allergy, Dietetics,
§ Pharmaceuticals
§ Surgical disciplines: Ophthalmology, Anesthesiology, Obstetrics, General surgery, Traumatology & orthopedics, Wound treatment, Urology, Gastroenterology, Plastic surgery, Ear, Nose, and Throat, Dentistry, Thermal and chemical cauterization, Tumors, Neuro-surgery.
§ Hospitals
§ Medical colleges
§ Public health
§ Major writings by Muslim physicians
§ Transfer of medical knowledge to Europe
§ Decline of Muslim medicine
§ Transfer of European medicine to the Muslim world
§ Renaissance of Muslim medicine.
12.5 Paradigms and Research Methodology in Medicine
§ Problems in the use of the scientific method
§ Moral problems
§ Problems of objectivity
12.6 Towards Islamic Medicine, mafhum al tibb al islami
§ Confusion between Muslim and Islamic
§ Various definitions of Islamic medicine
§ Critique of various manifestations of medicine
§ Definition of Islamic medicine as paradigms & values
12.7 Islamic Epistemological Introduction to Medicine
§ Lessons from the past
§ Muqaddimat al tibb
§ The Islamic input curriculum: vision, mission, and objectives
13.0 REFORM OF PHYSICAL SCIENCES
13.1 Mathematical Sciences
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms: e.g. random
§ variation, probability, etc
§ Islamic Epistemological introduction to the discipline
13.2 Physics
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
13.3 Chemistry
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
13.4 Astronomy
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
13.5 Earth Sciences
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
13.6 Archaeology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
13.7 Geography
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
13.8 Demography
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
13.9 Physical Anthropology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
13.10 Engineering
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
13.11 Architecture
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological Critique of basic concepts and paradigms
§ Islamic epistemological introduction to the discipline
14.0 REFORM OF SOCIAL SCIENCES, islaah al ‘uluum al ijtima’iyyat
14.1 Economics
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
14.2 Political Science
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
14.3 Law
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
14.4 Sociology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
14.5 Psychology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
14.6 Cultural Anthropology
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
14.7 History
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
15.0 EPISTEMOLOGY OF DISCIPLINES RELATED TO FINANCE
15.1 Banking
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
§ Role of fiqh al mu’amalaat al maaliyyat
15.2 Finance
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
§ Role of fiqh al mu’amalaat al maaliyyat
15.3 Accounting
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
§ Role of fiqh al mu’amalaat al maaliyyat
15.4 Business Administration
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
§ Role of fiqh al mu’amalaat al maaliyyat
15.5 Management
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
§ Role of fiqh al mu’amalaat al maaliyyat
16.0 EPISTEMOLOGY OF DISCIPLINES RELATED TO PUBLIC LIFE
16.1 Public Administration
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
§ Role of fiqh al ahkaam al sultaniyyat
16.2 International Relations
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
§ Role of fiqh al ahkaam al sultaniyyat
16.3 Law
§ Definition and classification
§ Historical development
§ Research Methods
§ Islamic Epistemological critique of basic concepts and paradigms
§ Islamic Epistemological introduction to the discipline
§ Role of fiqh al ahkaam al sultaniyyat
17.0 EPISTEMOLOGY OF CLASSICAL ISLAMIC DISCIPLINES
17.1 Introduction
It may seem a surprise to some that classical Islamic sciences that are based on revelation also need epistemological analysis. These sciences in their present shape have been affected by external paradigms and philosophies that have crept into them and have created epistemological biases that need correction. Besides biases, we need to reformulate the space-time dimension in these sciences by separating the constant unchangeable component from the variable component as well as formulating how the variable component can adjust to changing time and space factors.
17.2 Tafsir al Qur’an
§ Definition and classification
§ Historical development
§ Methodology
§ Epistemological critique of research methods
§ Epistemological introduction to the discipline
§ Consideration of space-time factors
17.3 ‘Ilm Naqd al Hadith
§ Definition and classification
§ Historical development
§ Methodology
§ Epistemological critique of research methods
§ Epistemological introduction to the discipline
§ Consideration of space-time factors
17. 4 ‘Uluum al Fiqh & Usul al Fiqh
§ Definition and classification
§ Historical development
§ Methodology
§ Epistemological critique of research methods
§ Epistemological introduction to the discipline
§ Consideration of space-time factors
18.0 IMMEDIATE RESEARCH ISSUES IN SOCIAL SCIENCES
18.1 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.
18.2 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.
18.3 Contemporary social crisis
18.3.1 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”[i]
18.3.2 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[ii]. Scholars will pass away and ignorant persons will become leaders who will be asked and will answer from ignorance[iii]. People will say ‘la ilaaha illa al llaah’ because they found their forefathers saying it but do not know what it means[iv]. Sexual immorality will become so wide-spread that men and women will no longer have shame of coitus on a public road[v] and will behave like donkeys[vi]. Killing will become common[vii]. 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’[viii]. 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[ix]. 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[x]. Muslims will blindly follow the Yahud and Nasara like lizards follow one another into the lizard hole[xi]. 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[xii]. Greed, materialism, competition, and mutual jealousy will increase[xiii]. Excessive luxury, taraf, will occur with people eating choicy foods and wearing choicy clothes[xiv]. Allah warned that when the duniya is at the height of luxury Allah will send His command and all will be destroyed[xv].
19.0 A NEW VISION OF USUL AL FIQH AND FIQH
19.1 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.
19.2 Resolving the Social Crisis by Actualization of the Purposes of the Law, maqasid al shari’at
19.2.1 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 Imam 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
19.2.2 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 a benefit is and what is 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, which 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, which 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).
[i] al durar al suniyyat fi al ajwibat al najdiyyat Volume 7 page 252. ? date
[ii] 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)
[iii] Mukhtasar Sahih Muslim Hadith No. 1858 Kitaab al ‘Ilm
[iv] silsilat al ahadiith al sahiihat 1:127 No 87
[v] ‘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)
[vi] Sahih Muslim 8:197-198
[vii] Bukhari 9:87 Fitan
[viii] 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.
[ix] ‘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’
[x] silsilat al ahadith al sahihat: 4:508 No 1881
[xi] 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?
[xii] 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.
[xiii] Silsilat al ahadiith al sahiihat 4:248
[xiv] 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
[xv] Surat Yunus 24