06 May 2015

On Transience and Continued Existence

https://www.flickr.com/photos/thepetitemuse/17362220562/




A physician once wrote of an encounter he had with a young poet and his quiet friend. They spent one summer afternoon walking through the countryside, looking through the beauty of nature and the passing landscapes and Dolomites. He observed that the poet who, despite admiring the beauty of the surroundings, expressed that he felt no joy in it. He was disturbed by the fact that all this was fated to extinction, and that this landscape and its lush vegetation will vanish when winter came, just like human beauty and life, and ‘all that he would otherwise have loved and admired’ are losing their worth by the inevitable doom which is the fate of all.

The doctor, in an attempt to console the poet, told him that the worth of things or people is not diminished by virtue of its ephemeral nature; rather, it increases its worth. He said, ‘Transience value is scarcity value in time’. That the beauty of nature after it was destroyed by winter comes back each spring; that a flower that blooms only once is not on any account less lovely, that a work of art or an intellectual achievement does not lose worth because of its temporal limitation.

To him, these were convincing arguments, but he noticed that his attempts to console the poet and his sympathetic friend did not make a remarkable impression upon them. He soon realized that there was an emotional factor which was affecting the two, and this is the revolt in their minds against mourning. They were expressing this view to avoid the pain or despair of having to accept the loss of something or someone, like in this case, the beauty of the summer landscape - which eventually through the transition to another season, will change or vanish. This emotion or thought prevents them from expressing joy, despite their admiration of it. The summer landscape in itself is representative to many other realities, goals, or beings which individuals have the capacity to admire, to be attached to, and sometimes, by all means, would secure and protect from being taken away from them.

But what causes the pain that results in mourning that these two individuals are wanting to avoid? According to the doctor (whom I will identify as we go on), at the earliest stages of life, human beings’ capacity for love is directed to their own selves. Later, still at those early stages, that love is directed to other objects or people significant in their lives like parents or immediate family members. If the objects or people with whom that love had been directed to, are destroyed or lost, that love is freed and then either directed towards other objects, pursuits or people, or return once again to the self. He says that ‘why this detachment’ of love from objects or people lost be such a painful process is a mystery. When that love clings to the beloved, and will not accept the loss or parting – that is the painful process of mourning.

But why are the two companions of the doctor refuse to ‘mourn’ by expressing their ‘lack of joy’ despite their admiration of the beautiful landscape? This brings us to another event in the physician’s life which, at some point will shed light to the mystery of why pain in loss and parting is an accompaniment of mourning.

The doctor learned the death of the daughter of a colleague of his. In expression of condolences, he shared his own experience that after losing his daughter and grandson, he ‘became tired of life permanently’. After proposing to his colleague a project which would serve as a ‘distraction’ to alleviate his grief, he told him, ‘one has the choice of dying oneself or acknowledging the death of the loved one, which again comes very close to your expression that one kills the person.’ This statement came after the doctor responded to his friend’s meditation on his own grief, which the latter described as a second killing of his child. Both thus expressed their belief that ‘every act of mourning conceals a betrayal, a kind of killing of the loved person by letting the person go; and that guilt over this murder endows mourning with its nearly bottomless agony, and explains why so many refuse, unconsciously, to mourn’. In mourning, by letting go of the dead, one kills again what one misses most; yet the sense of guilt for this ‘murder’ brings with it a renewal of life, because otherwise, swallowed by grief, the mourner would turn his back on life.

The doctor whom I had been referring to is a Viennese psychiatrist who founded the discipline of Psychoanalysis, Sigmund Freud. The events described in the idyllic summer walk with his two companions were written on a brief essay ‘On Transience’ which was intended as a contribution for a publication called ‘Das Land Goethes’. The essay in itself is a metaphorical representation of his encounters with people, including his patients, poets, friends, family members, a princess, and his daughter; it addresses a very important existential question: what value does life hold in the face of extinction?

What is most surprising is that the summer walk described on the essay, did not occurred at all. The conversation he had with his two companions, were likely to have been exchanged under chandeliers and crowded halls, during the fourth international psychoanalytical congress. His two companions were the poet Rainer Maria Rilke, and a psychoanalyst and writer, Lou Andreas Salome. What was described on the essay is a metaphor, a kind of literary remembering to make sense of troubling existential questions, to combine the summary of his encounters with people and their views, and the joy he felt in exploring nature and visiting the summer countryside with his family.

***

The existential question, love and loss, and the pain or denials of mourning are universal concerns throughout the collective history and experience of human beings. When confronted with the idea of permanent extinction, this would provoke a sense of despair, confusion, or even denial. After death, is that it? But what lies after ones death? Can one say with a firm certainty that one knows where one is headed after his demise? To term death as the end of everything would necessitate having to face a multitude of other questions: What is the telos of life? Why is death necessary? Why do we feel pain and grief on the loss of people, or even of our own life? What is the worth of life: is it more or less and on what standards will we judge it upon? One does not only live in the present. The present leads to a future that one is working or waiting for. And throughout life, one is always moving forward in anticipation of something that will occur in the future. If death is the absolute end of life, then the means of what one is doing now in the present only leads to it. Even if in between, a person may anticipate something positive or work to achieve an immediate or long-term goal, on the other hand, looking at the larger picture, aren’t these actions only tiny steps leading towards the end, an end of which there is no certainty of when and how it will come, and where it will lead to?

It is not surprising that human beings do not accept death as the ultimate end. If it is, then it will render useless and meaningless all endeavors, morality, beliefs and principles. It is, at the very least recognized as the end of life in a physical sense, but the mind recognizes that life has another dimension, that the human component is not at all entirely composed of a physical structure. The problem with materialist mentality is that it reduces everything in this world to the physical, ignoring the metaphysical even if is not capable of being disproven. If we are to look into civilizations, beliefs, and collective traditions throughout history and even in the present, the concept of an afterlife is universal. Where did this came from, except from Divine revelation and the innate nature of humanity, Fitrah to acknowledge it?

There is an aspect and a quality within a person that enables him to recognize that there is an intangible spirit within his being that will continue living in another dimension even if his physical body disintegrates. That spirit will continue to live, albeit in another dimension. Thus, even if he is conscious of the inevitability of physical death, there is an awareness that a part of him will still continue to live and exist. Going back on the concept of transience, we can affirm that in consideration of the physical aspect of a human being – death is the end, and therefore its physical life is transient. But as the doctor has said, death does not in any way make life less worthy because of its transience. Existence will still continue, not only in the physical sense as generations come one after the other, but on the individual level, that the spirit of the departed exists on another realm which we no longer have access to or capable of perceiving. On the 56th to 057th verses of Surah Al Rahman, it is written,


All that is on earth will perish: but will abide (for ever) the Face of thy Lord,- full of Majesty, Bounty and Honor.


No doubt, the question of loss of life baffles many. One seeks answers to find more questions. In the case of the story of the two people refusing to face the inevitability of mourning, the doctor responding from his own pragmatic point of view – not unless one is acquainted with the Divine revelation, they were all forced to face these questions through speculation and wandering. Yes, by the soundness of an argument we may be convinced by answers offered to us by those who have deeper insight on the nature of life, but how would it be if we were not given the chance of encountering them, where will we get the answers? What is the sense of it all, where will it lead to? Where is the retribution for justice against the unfairness of life? Why this beauty of nature must end, and why life is doomed to the grave?

What an agony is the state of a person who does not acknowledge the existence of the Divine. He is left on his own, using his limited mind and judgment to reason out his own purpose. One is born into this world, passing through the stages of life reflecting (or refusing to reflect) as to why he is alive. If these questions are too hard to answer, he blocks everything out by means of distractions or refusal to accept and acknowledge that there is a reason.

What is noticeable with the observations of the doctor and his companions is that they were focused only on the immediate people around them and the ‘outward appearance of their surroundings’ and then equated what they see as the end within themselves. They did not acknowledge the presence of a Creator who brought what they are seeing into existence. And this is what blurs their minds – their refusal to believe in the Divine. The result is their existential anxiety, caused by their denial and refusal to accept and appreciate the wisdom of why all of that they see in nature at one point in time must appear, and then eventually must come to pass. Their minds were confused and so do their view of life, death, love, loss, and resurrection.


And they say: "What is there but our life in this world? We shall die and we live, and nothing but time can destroy us." But of that they have no knowledge: they merely conjecture.
Surah Al-Jāthiyah: 24


For those who believe and observe nature around them with minds not corrupted with distracting philosophical views (or distorted Fitrah), they will recognize the truth and find the answers to these questions. This world and this life of ours exist because of a purpose. There is an intelligent and purposeful Creator who brought everything into existence. The passing seasons, when plants wilt and then die, and grow and bloom once again, are signs for us to our mortality and a time when we shall be brought to life once again. For flowers to bloom again in spring is, at the face of transience, there is a continuation of life. We cannot appreciate the beauty of life by not acknowledging death: the transition to another realm or stage of life which is no longer within the reach of our perception. These things that occur in nature are not simply metaphors to be contemplated upon, but are in fact pointing to the stage of human life beyond physical death.

They say: "What! when we are reduced to bones and dust, should we really be raised up (to be) a new creation?"
Surah Al-'Isrā' :49


This realization of a resurrection and an afterlife is indeed universal throughout the history of humankind, which if I may, is an integral part of the Fitrah (primordial nature to know the truth) of every human being. Proofs of this are the countless motifs found in individual narratives, traditions, literature, religious beliefs, and even in philosophical meanderings. The reason why many people experience existential anxiety and formulate unclear answers to questions relating to loss, purpose, and justice is the blurring out of the concept of life beyond death, taking account of one’s actions, and retribution against injustices in afterlife.


Be sure we shall test you with something of fear and hunger, some loss in goods or lives or the fruits (of your toil), but give glad tidings to those who patiently persevere, who say, when afflicted with calamity: To Allah we belong, and to Him is our return.
Surah Al-Baqarah: 155-156


Yes, everything shall perish, but nothing shall ever be lost forever because everything which is brought to existence serves a lasting purpose. We may mourn for the loss of what is dear to us, but in the realization that all things are subject to change and passing away, that they are meant for something which we may have the ability to discern or not - the pain and scars thus shall also heal in due time.

30 April 2015

Between Salafism and Traditionalism: The Case of Nasir al-Din al-Albani

What is the movement called 'Salafism' and who is one of its main proponents? This lecture explains the concept of Madhabs (Schools of Islamic law), also called 'Traditionalism' which through the centuries developed in response to changing contexts and landscapes, vis-a-vis Salafism which claims to have a more direct/puritanical approach to Islam.  How did these contrasting sides critiqued one another and which side realistically applies the teachings of Islam?

29 April 2015

We used to be amongst a group of people (i.e. the Companions) who would never do any act in public if they could do so in private.
And those Muslims would strive in making their duʿāʾ, and not a sound would be heard from them! For they used to whisper to their Lord.

- al-Ḥasan al-Baṣrī 

28 April 2015

Kindness

Perhaps to be able to learn things quickly isn't everything. To be kind is worth a great deal to other people... Lots of clever people have done harm and have been wicked. 
- Frances Hodgson Burnett, A Little Princess

08 April 2015

Resolving Crisis

It’s been more than a year perhaps since I have written about Islam. Most of what I had been posting in this blog are quotes, excerpts, photos I took, and videos. And one might even wonder what these pieces imply and what picture are they purported to make? 


A Tough Way 

I have one thing to admit. I went through an internal crisis in faith. It was brought by some unfortunate events that were unavoidable and then - in the process of my study in the religion, I came to encounter some extremely difficult issues that shook my foundations. It was indeed painfully tough and one has to be very strong to go through such kind of experience. I’m not saying that I am strong because I didn’t even thought I could go through and still, there are traces of it. What most people do not know is that even if one is not talking or expressing much, that does not mean that a person does not get affected, disturbed, irritated, or angry when s/he is attacked. We, through the passing of times; surrounded with an endless stream of information and interaction, socially conditioned via media and consumerism, driven by this grand desire to be liked or get fame or be accepted, and with this apparent contradiction between what one says and what one actually does in both private and public in the name of some sort of belief or principle; have become so desensitized that we forgot how it is to be a human being. Superficial and narrow rhetoric based on religion has the same effect of desensitizing the humanity in us.

When it comes to matters of faith and creed, I am extremely meticulous and continuously strive to walk in a sort of road to maintain balance. It is not easy being a lone student of religion, compared to others who have teachers whom they can consult.

In my three years as a librarian, I am surrounded with Islamic books of many different orientations and in my encounters with them, here are some observations: there are authors who are very lenient in their style; some are dogmatic, stern and unaccommodating in their views; others are simply making lists and classifications making the book feel like a manual; some while actively refuting others are at the same time advancing their own propositions; some offer insights and at the end only seem to keep the reader hanging with an open-ended question; others are like specialists dealing with only one topic without considering other equally important perspectives; and some are multi-faceted – meaning that their approach is interdisciplinary – making sense from their insights and offering a balanced perspective of the whole topic at hand.  The last one, like most readers prefer, is my favorite (once again). It used to be so before, but when I decided to study religion, I turned to those books with the kind which are dogmatic and unaccommodating, those which feel like a manual, and those with refutations. While on the process of studying the content of these books, I noticed some changes. I began to see the world around me in black and white. Everything has to be exact, all questions have to be answered clearly, all matters of life have a ruling in them. I felt robotic with no feelings, whatsoever. Everything has to be precise and correct, otherwise, one runs the risk of sinning or ones actions being rejected by God.

And then, to supplement these readings, I decided to listen to lectures. What is very noticeable in these lectures is the way those people talk and deliver their subject. There is a lot of shouting, reprimanding, etc. The effect is not peace of mind and heart, rather that of worry and anxiety. I was kept wondering why instead of developing a sense of nearness and love to God, the opposite was happening. At the back of my mind, something tells me that this is not it is supposed to be, and eventually, the reasons being so began to show.

Two of what I think are the most disturbing that these people made in their ‘lectures’ and written ‘treatises’ is their approach in understanding the concept of Afterlife which belong in the Ghaib (Unperceived), and in their view and treatment of women. They are extremely literal in their understanding and interpretation of it, and when it comes to women – I saw a lot of hypocrisy in the views that they state in contrast with their actual attitudes, and in reality. I remember one speaker making a sarcastic remark which was followed by insulting laughter from a male audience on a topic which concerns women. The speaker was wearing a head cap and a typical long robe and with a beard.  I was shocked by that display of such an unbecoming attitude. The moment I discovered this line of thinking and interpretation, I realized that I have to take a step back. If I entrust my religion and faith on the hands of these people, when clearly there are mistakes in their interpretation and understanding of it, including the display of negative behavior, there has to be a way for me to return to my foundations. Those were the reasons why I have not actively written anything for more than a year and in fact, I stopped reading what I now call those ‘dogmatically-styled books’ that caused so much trouble not only to me but to many Muslims especially the youth who are finding their way back to Islam. 

There is a tendency for students of religion or any student for that matter to 'accept everything' that they read instead of maintaining a position of an observer and engaging in an internal dialogue with the author by exercising the habit of critical thinking. Especially in the case of religious studies, when one is presented with statements containing a lot of verses from the Qur'an and quotations from the Ahadith, it is very tempting that the entire content written should be accepted as an end in itself. The amount of admiration or emulation of the student with the author, teacher or preacher is proportional to what one has been conditioned or internalized within oneself to believe by hearing what one likes to hear and then gaining the justification to act out in a certain way based on feelings such as frustration, hatred or rage. But if a student was taught early on about the basic principles and values of the religion, and educated with the sciences developed by man, particularly psychology (human nature) and philosophy, she or he will notice the difference and the essence of what is being read. In fact if we are to read some writings by exemplary scholars, studying other disciplines is highly commendable in the sense that when one understands Islam and the sciences together, the more balanced will ones perspective be in contributing to the progress and development of the community. Education is a part of ones obligation towards Allah swt because it is a fulfillment of Amanah (Trust between God and man), and frees one from the shackles of ignorance and unreasonable blind following. 

The lack of insight to reality, life and history as well as into God's ways, or Sunan in His creation, some people will continue to seek or demand the impossible. They will imagine what does not or cannot happen, misunderstand occurrences and events, and interpret them on the basis of cherished illusions which in no way reflect God's sunan or the essence of Islamic law.
- Yusuf al-Qaradawi

In the case of Islamic studies, if the main texts (the Qur'an and Ahadith) are presented along an approach or a premise that contradicts the values and principles of Islam such as mercy, justice, respect, consideration and goodness, and instead presents it as something which is intolerant, violent or oppressive, it should be questioned and evaluated. Being unable to develop that kind of discernment is the root of extremism and deviancy that had corrupted Muslim minds until the present day, and this explains why some people become violent and adopt perverted ideologies (such as ISIS and other terrorist groups) and lose their goodness as human beings.

In the topic of Afterlife, what is to be found in Paradise and Hellfire, what will happen to the destinies of people, etc. – all scholars agree and we have to remember, that the things which are mentioned in the Qur’an and Ahadith are not to be taken literally as these things belong in another dimension which is beyond our perception, hence they are part of the Ghaib (Unperceived). The same is also true when we read of concepts like the the Throne, the Footstool, the Hands of God, His Face, etc. God had hidden knowledge which only He knows and it is not for us to make black and white statements in dealing with these matters for the sake of giving ‘exact answers’ to questions. As to the issue of women, this is a broad topic which is a science in itself within Islam, but my concern is for those writers and scholars who selectively choose references from the Qur’an and Ahadith (either taken out of context or cultural practices subject to change and geography) to justify domestic violence, neglect, sexual abuse, injustice, and preventing education and societal contributions. Unfortunately, these misinterpretations and mispractices by Muslims are being used against Islam as a whole by orientalists and bigoted islamophobes in the media and academe to attack the religion which only contribute to the widespread distortion of information and misunderstanding. This gives them all the more justification to claim the backwardness of Muslims, because the fact is that this kind of backwardness is perpetrated by Muslims themselves. If we are to examine history especially the Golden Age of Islamic Civilization and the basic principles that our religion teaches, this is exactly the opposite. I’m not going to be specific as to the titles of those books/writings, who wrote them, or who those lecturers are, but until this present time, they are regarded as scholars in Islam and are followed by a large number of Muslims.

We are all responsible in safeguarding and defending our religion with tact and knowledge, and we also need to carry out this duty from within, to re-examine these built-in narratives and viewpoints of the ones who are carrying the flagship of Islamic learning through the lens of the universal principles of Islamic Shari’ah: mercy, compassion, justice, wisdom, well-being and welfare of people. 


Word of Advice

If you find yourself in the same situation that I have described and feel that your sense of identity is being hijacked, if the goodness in your character and humanity are being obliterated and in turn replaced by bad manners or violent behavior, and you are transformed into an emotionless, cold being who is functioning like it is merely taking and acting orders - take a step back and reflect: is this what Allah, my Compassionate and Loving Creator want me to be? If you feel like your faith is dependent on the level of loyalty to your group affiliation versus other Muslims who happen not to subscribe to your group, and that every word of the revered scholar/s whom you constantly quote is an infallible word of truth, there has to be some critically deep thinking and re-evaluation of faith, of one’s Islam, of one’s relation to Allah swt. Which is stronger, my loyalty to my group and scholar/s, or my relationship and devotion to my Creator? Which is purer: my prayers at midnight when nobody is watching or my activism on the streets and in social media? What are my intentions, what are their means, and what ends do they purport to achieve? If I was accidentally swept to a remote island with no people, will I still be as eager to practice and reflect on my religion as I do today? 

It is true that the Prophet, peace be upon him and his Companions - the Salaf As-Salih (Pious Predecessors) including the Prophets, were the ones set by Allah swt as those upon the upright path. Their understanding of Islam is the most pure and they are our role models. But we have to broaden our understanding on this concept and how and what it is meant for us.

We cannot go back in time and live on their era to experience true Islam, because each of us lives in our respective environments which have a lot of influences both Islamic and un-Islamic, we speak different languages, we are raised on our specific cultures and landscapes, we have diverse roles and professions in our society and communities. What is meant by them being our role models? It is not to replicate the landscape or era upon which they lived or the style of their clothing, or what they ate, since these are only external aspects. It is the essential values as a human being that we have to take from their examples: their uprightness of character, their noble conduct, their high morals, their courage to stand for the truth, their despise on worldly success, their respect for the creation of God, their integrity, honesty, self-sacrifice, compassion – in other words, it is the universal principles as a Muslim which they exemplified. It is by exercising these principles that they achieved this high level of nearness to God. It is in turn by emulating these principles that we also aspire to achieve what they had accomplished.

It is equally important to maintain that our faith stresses the basic pillars of religious obligations and articles of creed, Aqeedah, what is permissible and what is not and how one is to conduct oneself in observing these obligations and limits.

But at the end of the day, it is not enough to rely alone to correctness and quoting as many Daleel as possible to justify an action, because a deed may be correct but it still rests upon the mercy of God if it will be accepted or not. As Ibn Ata'illah al-Iskandari said,

Allah may open up for you the gates of obedience, but He may not open up for you the gates of acceptance. He may ordain you a state of disobedience which may happen to lead you to the right path. The disobedience which teaches you humility is better than the piety which vests you with vanity and arrogance.

Abu Hamid al Ghazali, a theologian, in turn also said,

Looking at yourself with an eye of satisfaction is the height of foolishness and the epitome of ignorance.

The sense of certainty that what one does is surely correct and accepted results in having a high opinion of and raising oneself to others. This is contrary to what the Prophet, peace be upon him, taught, that one cannot be saved by virtue of one’s own deeds alone, except by the Mercy of God.


Finding the Road

Sometimes, you find that a road that you take to the objective is a rough road, there is difficulty in that road, then perhaps you can take a different road, with the same objective… the differentiation between means and ends. So sometimes, the means that I am trying to follow in order to reach an objective is blocked or there is a problem in it, or there is difficulty, or it’s not suitable for the place or time, or people that I’m dealing with. And then I take a different means in order to reach the same objective. 


The above quote was excerpted from a lecture delivered by Dr. Jasser Auda about Philosophy on Islamic Law, where he discussed very important points on how Islamic law is to be approached and applied in light of the changeable aspects of situations and in people.

It's worth noting that the concept of Shar'iah (which literally means, 'A Path), is widely misunderstood by many people, and many perceive it as a kind of law that implements severe punishments. But if we are to look closely within its proper Islamic context, we will come across a lot of discoveries that dispel the common myth it is associated with. Basically, when we observe the laws of the universe and how it operates, how the body functions from within, how plants grow, how animals interact and behave - this is Shari'ah since they are operating within the law and path that the Creator had ordained for them. If a person takes care of himself, when a Muslim strives to abide by what is permissible and avoid the things which are not allowed for him, while having the firm belief in its wisdom that it is for ones own good - that is Shari'ah. What is being misinterpreted as Shari'ah nowadays is the science of human interpretation and how it is meant to be applied, which is Fiqh (Jurisprudence). It is necessary to know these terms, otherwise, confusion, as what is happening today is inevitable.

In finding the road back to my foundations, perhaps because I walked a difficult road which caused the crisis that is on the process of being resolved. I might take another path, but at the end of the day, the essential principles will remain, and amid the chaos, animosity and sectarianism that is happening, I can still stand firmly and maintain the inner peace within - the true essence of Islam. 

04 April 2015

Islamic Law and Modernity


Islamic State

I believe that public order has to be built on civil values that are matters of consensus in the society. Consensus is a necessary practical and juridical consideration. The "Islamicity of the state" itself in the Islamic Fiqh is defined according to a number of values that must exist in the "Land of Islam". These values, whether Muslims are majority or minority, define the Islamicity of a land. No scholar has ever said that the definition of an "Islamic state" depends on whether Muslims are majority or minority. An "Islamic State" is a state where Muslims are allowed to practice Islam as a way of life freely and where people enjoy good levels of justice, security, and the rest of these "civil" values.
...
Not everything that is mentioned in the Qur'an in clear language is a thing that is meant to be applied literally as an end in its own right. Diligent scholars have to ask: Is this verse a means to an end or is it an end in its own right? Means mentioned in the Qur'an such as horses, swords, and the like, and distributing spoils of war, non-Muslim tax, and the like ... are not fixed ends. They are changeable means with the change of history, geography, circumstances, and people. Differentiating between means and ends is an important consideration when we talk about "applying the Shari'ah" today.

- Dr. Jasser Auda

31 March 2015

Artistic Expression

Disinterestedness, signified complete lack of sentimental expression... The impartiality of the adult losing himself in artistic expression is an achievement in that it means he breaks from convention, mannerism, fashion and artistic malady to arrive at the heart of a thing.

- Margo Veillon

26 March 2015

16 March 2015

Courageous Women



A fight for equality of genders and respect for learning and freedom to education.



A fight against sexism and bigotry.


 
A fight for social and economic mobility.



Courage to confront the oppressor and speak the word of truth.

12 March 2015

Radical Reform: Islamic Ethics and Liberation


Summary by Dr. Tariq Ramadan:

The road has not always been smooth and the research and study have been long and sometimes very difficult. The reflections and proposals that readers will find here are the outcome of a long, deep immersion in the universe of the “Islamic sciences.” For more than twenty years (nurtured by traditional teaching, accumulated readings, personal research, and the writing of books) I have repeatedly stated that the awakening of Islamic thought necessarily involves reconciliation with its spiritual dimension on the one hand, and on the other, renewed commitment and rational and critical reading (ijtihâd) of the scriptural sources in the fields of law and jurisprudence (fiqh). I have not changed my mind at this point: the luminous heart of Islam is indeed spiritual quest and initiation, and its universal dimension necessarily involves a continued process of reading and rereading, of faithful and innovative interpretation, leading to the formulation of adapted legal rulings (fatâwâ). Today’s Muslims, both in the East and West, urgently need contemporary fiqh, distinguishing what in the Texts is immutable and what may be changed. I tackled this issue systematically in three books using different approaches: in To Be a European Muslim, I presented a new reflection based on the main classical instruments offered by the fundamentals of law and jurisprudence (usûl al-fiqh): critical and autonomous interpretative reasoning (ijtihâd), the public interest and common good (maslahah), and detailed fatâwâ. This approach was meant to enable European (and Western) Muslims to respond to the issues and challenges of their presence in secularized societies where religious reference plays a secondary role in public life. Western Muslims and the Future of Islam took up this reflection with a more direct approach of the issue of the sciences and methodologies at the source: the second part of the book took the form of practical, concrete proposals in such fields as spirituality, education, social and political commitment, interfaith dialogue, and so on. Those two works popularized a thought and methodology that spread well beyond what I had hoped for. Islam, the West and the Challenges of Modernity approached the issue from the standpoint of Muslim majority societies, asking Which project for which modernity? It also studied the social, political, economic, and cultural dimensions of a possible vision for society. The point was, yet again, to strive to achieve faithfulness through movement.

Limits have, however, been reached. The general vision has indeed been renewed; innovative readings have often made it possible to provide original solutions, to overcome withdrawal attitudes, to put an end to victimlike isolation or to sectarian literalism: another relation to oneself and to the West turned out to be possible. Yet drawbacks remained, making it impossible to carry the reflection further and, above all, turning the reform (islâh) movement into a process of continuous adaptation to the order of things . . . however unsatisfactory they might be. It seems obvious that I had to go further and not only, as reformists had done in the past two centuries, question the productions of fiqh, but also its fundamentals, its sources, and the mother science (usûl al-fiqh). Centuries of referring to ijtihâd certainly did make things progress, but this remains highly inadequate because crises are still there and are even getting deeper, and Muslims seem to be at a loss for a vision and projects for the present and future. We seem to have reached the end of a cycle, that which consisted in thinking through revival merely through a renewed reading and interpretation of scriptural sources. Apt distinctions had been made between sharî’ah (the Way to faithfulness including the legal order) and fiqh, between general principles (‘âm) and specific principles (khâs), between immutable norms (thawâbit) and norms subject to change (mutaghayyirât); this had made a renewal movement possible, as Indian-Pakistani thinker Muhammad Iqbâl (died 1938)4 had suggested and hoped. However, as I show in the first section of this book, this is not sufficient when the world’s progress is so rapid, when challenges are so complex and globalization is so unsettling.

Therefore I must go further and raise the issue of the sources of usûl al-fiqh, of the categories that organize them, of the methodologies that result from them and, finally, of the nature of the authority all those elements impart to Text scholars (‘ulamâ’ and especially fuqahâ’). This is what I propose to undertake in the present work: it is, clearly, a new step. The objective is to revisit not only the tools and concrete, historical implementations of fiqh, but also their sources, their categorization, and at the same time their methods, the range of their authority and the nature of the approaches that have been put forward throughout the history of this science (usûl al-fiqh). This approach is the fruit of years of reflection and questioning about the nature of the crises, difficulties, and drawbacks that paralyze contemporary Muslim thought: why does recourse to ijtihâd, so long called for, fail to produce the expected renewal? Why has the innovative, bold, creative spirit of early times given way to timid approaches that only consider reform in terms of adapting to the world and no longer with the will and energy to change it? How can we explain this divide, this huge gap between the “Islamic sciences” (or “sacred sciences”) and all the “other sciences,” defining distinct and well-secured fields of authority, but making it impossible to respond adequately to the challenges of our time? Those questions, among many others, challenge us to go back to the roots of problems, circumscribe their scope and suggest a new approach and a new methodology regarding the fundamentals and sources of usûl al-fiqh.

This book contains three fundamental propositions: the contemporary Muslim world (both East and West) must reconsider the terms and modalities of the reform process (islâh, tajdîd). It is important to distinguish between “adaptation reform,” which requires religious, philosophical, and legal thought just to adapt to the evolutions of societies, the sciences, and the world, and “transformation reform,” which equips itself with the spiritual, intellectual and scientific means to act on the real, to master all fields of knowledge, and to anticipate the complexity of social, political, philosophical, and ethical challenges. To this end—and this is the second proposition—the contents and geography of the sources of Islamic ? usûl al-fiqh must certainly be reconsidered. It cannot be enough to rely only on scriptural sources to examine the relationship between human knowledge (religion, philosophy, the experimental and human sciences, etc.) and applied ethics: the Universe, Nature, and the knowledge related to them must assuredly be integrated into the process through which the higher objectives and ethical goals (al-maqâsid) of Islam’s general message can be established. The consequence of this new geography is important and it leads to our third proposition: the center of gravity of authority in the Islamic universe of reference must be shifted by ranking more clearly the respective competences and roles of scholars in the different fields. Text scholars (‘ulamâ’ an-nusûs) and context scholars (‘ulamâ’ al-wâqi’) must henceforth work together, on an equal footing, to set off this radical reform that we wish for.

I recognize, when writing these lines, that criticisms will certainly be expressed. Some in recent years have questioned my competence and capacity to tackle certain issues related to the Islamic sciences (fiqh, usûl al-fiqh, etc.) and, a fortiori, to suggest solutions. It is worth repeating here that what matters is that such criticisms should stop focusing on the person and instead engage with the only worthwhile debate, that is, to examine the propositions and reflections presented and if necessary to produce a serious and well-argued critique. In launching the Call for a Moratorium on the Death Penalty, Corporal Punishment, and Stoning,5 it was expected that reactions (even those of a few ‘ulamâ’) were going to be passionate and emotional but I was disappointed at the dearth of argued critiques produced after thorough study of the text of the Call. This lack of calm critical debate is, I think, one of the evils undermining contemporary Islamic thought.

During the academic presentations (lectures, conferences, or symposia) that preceded the writing of this book, some interlocutors objected that, according to them, those reflections were not new and that the integration of scientists (from the experimental or human sciences) was already a reality in some Islamic legal councils. I have reservations about this and question the modalities. There are indeed, and they are mentioned several times, fields (such as medicine) where platforms are provided for Text ‘ulamâ’ and scientists to consult with one another and combine their skills, but this reality is an exception far more often than the rule. Besides, my argument is much clearer and more radical than simply calling for punctual “consultation” of experts and specialists (khubarâ’) in the different fields of knowledge: the issue here is to question the essence of categorization between the sources of usûl al-fiqh and, thereby, to state the need to integrate the scientists (‘ulamâ’) of Nature, of the experimental and human sciences, permanently and on an equal footing when higher objectives and ethical goals are to be determined in their respective fields. This approach enables us to suggest a more elaborate set of ethical results (rather than the traditional five or six main objectives6) and an original (horizontal and vertical) categorization of higher objectives. Such an approach offers a framework that does not claim to be definitive but that in effect imposes a critical revision of classical methodologies and typologies.

It might also be objected that I do not always put forward concrete solutions to the various issues raised. Domains must be kept separate: the theoretical work undertaken in the first three parts of this book consists in studying the terminology and categorization of the sciences and the history of the different schools of the fundamentals of usûl al-fiqh. As part of this fundamental reflection, I suggest a new geography of the sources of usûl al-fiqh: this should lead to integrating the Universe and social and human environments (and therefore all related sciences) into the formulation of the ethical finalities of Islam’s message, of which a new presentation and categorization are set forth here. On the basis of this theoretical framework, practical cases are examined, and a number of issues and questions are raised: I have chosen a number of key domains (medicine, the arts and cultures, gender relations, ecology and economy, and secularization, politics, philosophy), which are far from being the only ones but where (within the limited scope of this study) this proposed approach can open new areas for investigation and creativity. The objective here is not to provide answers to each of the questions raised, since the fundamental proposition in this book is to state exactly that specialists must examine those issues, become more involved, and give us the benefit of their skills about matters that are often complex and highly specialized. This present contribution is to question methods rigorously while stating fundamental criticisms involving the formalistic or clearly inadequate nature of the answers proposed. After that, it is up to scholars, scientists, and experts in the various branches of knowledge to provide new, efficient solutions.

Another point must be made clear: this is not a blunt, systematic critique of ‘ulamâ’ and fuqahâ’ in which they are seen as responsible for all the evils that affect Muslim-majority societies and the communities living in the West, in Asia, or in Africa. I address the contemporary Muslim conscience at all levels and strive to make the criticisms constructive and multidimensional. So-called ordinary Muslims must take on their share of responsibility in critical work, in the nature of the issues raised, and in starting in-depth reflection from day-to-day realities. The problem of leadership in the Muslim world is also related to the lack of critical contributions within religious communities, to the passivity of the majority and to their following often exclusively, through emotion or admiration, this or that skilled and/or charismatic scholar or leader. The critique must also include those intellectuals, scientists, or scholars who excel in their fields but who do not take part in intellectual and ethical debates within the spiritual community: they are often content with criticizing “the-incompetence-of-scholars-who-know-nothing-about-the-issues-about-which-they-legislate” but they remain passive observers who fail to take on any responsibility for the crisis of the contemporary Muslim conscience. I therefore call for a general awakening and a critical evaluation of all consciences and all skills, those of ordinary Muslims as well as of intellectuals, scientists, and ‘ulamâ.’ Even non-Muslim experts should, as we shall see, have a part to play in the process, by questioning the contemporary Muslim conscience about a number of issues or by contributing with their skills to the possible resolution of some scientific and/or ethical issues (in the experimental or human sciences).

This study has four different parts. The first three are theoretical and determine the framework through which practical cases are approached in the fourth part. I first examine terminology and the nature of the reform already mentioned above. Second, I present the three main classical schools that defined the fundamentals of usûl al-fiqh: the deductive school, the inductive approach, and the school of higher objectives (al-maqâsid). Third, I suggest “a new geography of the fundamentals of law and jurisprudence” and set forth the basic propositions. Fourth, I discuss a few fields (an arbitrary choice, which moreover did not allow for exhaustive study), in some of which the evolution of Islamic thought has been more-or-less satisfactory (like medicine, although even more specialist involvement is required), while in others real drawbacks can be observed (the arts, cultures, economy, ecology, etc.). The point is to show how, and why, a new methodology is necessary to take up the different challenges of our time. What is required is not, in each scientific field, to try to adapt to social and scientific evolutions, but rather to offer an ethical contribution, more soul, humanity, and positive creativity, to societies, to the sciences, and to human progress.

The reader who wishes to avoid the technical chapters that analyze the Islamic sciences and the fundamentals of usûl al-fiqh, as well as the theoretical development presenting the new geography, can focus on studying the practical cases and the five sections established in part IV. Readers may then decide to read the theoretical part at a later stage. Both a linear reading of the book or an initial approach through the practical cases can be logical, or even complementary, if one keeps in mind the imperative relationships that exist among theoretical criticism, the methodology proposed, and the practical and ethical solutions that this approach aims for. I speak from within a universe of reference whose classical categorizations and methodologies I question so as to be able to reconcile the contemporary Muslim understanding with the universality of its message and the complexity of contemporary challenges. In so doing, the limits and the ambitions of the task at hand must not be forgotten.

03 March 2015

02 March 2015

Informative Articles Addressing Islamic Issues

A list of  Informative Articles and timely issues addressed by Mohamed Ghilan
 
Here is also his podcast about Imprisoned Thinking.


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