Questions of Direct Recourse to the Quran & Sunnah & Fanatical Attachment to a Madhab

Timothy Winters (Abdul Hakim Murad)

...Earlier religions slide gently or painfully into schism and irrelevance; but Islamic piety, while fading in quality, has been given mechanisms which allow it to retain much of the sense of unity emphasised in its glory days.

The reason is simple and unarguable: God has given us this religion as His last word, and it must therefore endure, with its essentials of tawhid, worship and ethics intact, until the Last Days.

Such an explanation has obvious merit. But we will still need to explain some painful exceptions to the rule in the earliest phase of our history. The Prophet himself (pbuh) had told his Companions, in a hadith narrated by Imam Tirmidhi, that 

"Whoever among you outlives me shall see a vast dispute". 

The initial schisms: the disastrous revolt against Uthman (r.a.), the clash between Ali (r.a.) and Muawiyah, the bloody scissions of the Kharijites - all these drove knives of discord into the Muslim body politic almost from the outset. Only the inherent sanity and love of unity among scholars of the ummah assisted, no doubt, by Providence overcame the early spasms of factionalism, and created a strong and harmonious Sunnism which has, at least on the purely religious plane, united ninety percent of the ummah for ninety percent of its history.

It will help us greatly to understand our modern, increasingly divided situation if we look closely at those forces which divided us in the distant past. 

There were many of these, some of them very eccentric; but only two took the form of mass popular movements, driven by religious ideology, and in active rebellion against majoritarian faith and scholarship. For good reasons, these two acquired the names of Kharijism and Shi'ism. Unlike Sunnism, both were highly productive of splinter groups and sub-movements; but they nonetheless remained as recognisable traditions of dissidence because of their ability to express the two great divergences from mainstream opinion on the key question of the source of religious authority in Islam.

Confronted with what they saw as moral slippage among early caliphs, posthumous partisans   of Ali (r.a.) developed a theory of religious authority which departed from the older egalitarian assumptions by vesting it in a charismatic succession of Imams. What needs to be appreciated is that Shi'ism, in its myriad forms, developed as a response to a widely-sensed lack of definitive religious authority in early Islamic society. As the age of the Righteous Caliphs came to a close, and the Umayyad rulers departed ever more conspicuously from the lifestyle expected of them as Commanders of the Faithful, the sharply-divergent and still nascent schools of fiqh seemed inadequate as sources of strong and unambiguous authority in religious matters. Hence the often irresistible seductiveness of the idea of an infallible Imam.

This interpretation of the rise of Imamism also helps to explain the second great phase in Shi'i expansion. After the success of the fifth- century Sunni revival, when Sunnism seemed at last to have become a fully coherent system, Shi'ism went into a slow eclipse. Its extreme wing, as manifested in Ismailism, received a heavy blow at the hands of Imam al-Ghazali, whose book "Scandals of the Batinites" exposed and refuted their secret doctrines with devastating force. This decline in Shi'i fortunes was only arrested after the mid-seventh century, once the Mongol hordes under Genghis Khan had invaded and obliterated the central lands of Islam. The onslaught was unimaginably harsh: we are told, for instance, that out of a hundred thousand former inhabitants of the city of Herat, only forty survivors crept out of the smoking ruins to survey the devastation. In the wake of this tidal wave of mayhem, newly-converted Turcoman nomads moved in, who, with the Sunni ulama of the cities dead, and a general atmosphere of fear, turbulence, and Messianic expectation in the air, turned readily to extremist forms of Shi'i belief. The triumph of Shi'ism in Iran, a country once loyal to Sunnism, dates back to that painful period.

The other great dissident movement in early Islam was that of the Kharijites, literally, the seceders, so-called because they seceded from the army of the Caliph Ali when he agreed to settle his dispute with Muawiyah through arbitration. Calling out the Quranic slogan, "Judgement is only Gods", they fought bitterly against Ali and his army which included many of the leading Companions, until Ali defeated them at the Battle of Nahrawan, where some ten thousand of them perished.

Although the first Kharijites were destroyed, Kharijism itself lived on. As it formulated itself, it turned into the precise opposite of Shi'ism, rejecting any notion of inherited or charismatic leadership, and stressing that leadership of the community of believers should be decided by piety alone. This was assessed by very rudimentary criteria: 

the early Kharijites were known for extreme toughness in their devotions, and for the harsh doctrine that any Muslim who commits a major sin is an unbeliever. This notion of takfir (declaring Muslims to be outside Islam), permitted the Kharijite groups, camping out in remote mountain districts of Khuzestan, to raid Muslim settlements which had accepted Umayyad authority. 

Non-Kharijis were routinely slaughtered in these operations, which brought merciless reprisals from tough Umayyad generals such as al-Hajjaj ibn Yusuf. But despite the apparent hopelessness of their cause, the Kharijite attacks continued. The Caliph Ali (r.a.) was assassinated by Ibn Muljam, a survivor of Nahrawan, while the hadith scholar Imam al-Nasai, author of one of the most respected collections of sunan, was likewise murdered by Kharijite fanatics in Damascus in 303/915.

Like Shi'ism, Kharijism caused much instability in Iraq and Central Asia, and on occasion elsewhere, until the fourth and fifth centuries of Islam. At that point, something of historic moment occurred. Sunnism managed to unite itself into a detailed system that was now so well worked-out, and so obviously the way of the great majority of ulama, that the attraction of the rival movements diminished sharply.

What happened was this. 

Sunni Islam, occupying the middle ground between the two extremes of egalitarian Kharijism and hierarchical Shi'ism, had long been preoccupied with disputes over its own concept of authority. For the Sunnis, authority was, by definition, vested in the Quran and Sunnah. 

But confronted with the enormous body of hadiths, which had been scattered in various forms and narrations throughout the length and breadth of the Islamic world following the migrations of the Companions and Followers, the Sunnah sometimes proved difficult to interpret. Even when the sound hadiths had been sifted out from this great body of material, which totalled several hundred thousand hadith reports, there were some hadiths which appeared to conflict with each other, or even with verses of the Quran. It was obvious that simplistic approaches such as that of the Kharijites, namely, establishing a small corpus of hadiths and deriving doctrines and law from them directly, was not going to work. The internal contradictions were too numerous, and the interpretations placed on them too complex, for the qadis (judges) to be able to dish out judgements simply by opening the Quran and hadith collections to an appropriate page.

The reasons underlying cases of apparent conflict between various revealed texts were scrutinised closely by the early ulama, often amid sustained debate between brilliant minds backed up with the most perfect photographic memories. Much of the science of Islamic jurisprudence (usul al-fiqh) was developed in order to provide consistent mechanisms for resolving such conflicts in a way which ensured fidelity to the basic ethos of Islam. The term taarud al-adilla (mutual contradiction of proof-texts) is familiar to all students of Islamic jurisprudence as one of the most sensitive and complex of all Muslim legal concepts. Early scholars such as Ibn Qutayba felt obliged to devote whole books to the subject.

The ulama of usul recognised as their starting assumption that conflicts between the revealed texts were no more than conflicts of interpretation, and could not reflect inconsistencies in the Lawgiver's message as conveyed by the Prophet (pbuh). The message of Islam had been perfectly conveyed before his demise; and the function of subsequent scholars was exclusively one of interpretation, not of amendment.

The Companions knew by ijma that over the years of the Prophets ministry, as he taught and nurtured them, and brought them from the wildness of paganism to the sober and compassionate path of monotheism, his teaching had been divinely shaped to keep pace with their development. The best-known instance of this was the progressive prohibition of wine, which had been discouraged by an early Quranic verse, then condemned, and finally prohibited. Another example, touching an even more basic principle, was the canonical prayer, which the early ummah had been obliged to say only twice daily, but which, following the Miraj, was increased to five times a day. Mutah (temporary marriage) had been permitted in the early days of Islam, but was subsequently prohibited as social conditions developed, respect for women grew, and morals became firmer. There are several other instances of this, most being datable to the years immediately following the Hijra, when the circumstances of the young ummah changed in radical ways.

The techniques of naskh identification have enabled the ulama to resolve most of the recognised cases of taarud al-adilla. They demand a rigorous and detailed knowledge not just of the hadith disciplines, but of history, sirah, and of the views held by the Companions and other scholars on the circumstances surrounding the genesis and exegesis of the hadith in question. In some cases, hadith scholars would travel throughout the Islamic world to locate the required information pertinent to a single hadith.

In cases where in spite of all efforts, abrogation cannot be proven, then the ulama of the salaf recognised the need to apply further tests. Important among these is the analysis of the matn (the transmitted text rather than the isnad of the hadith). Clear (sarih) statements are deemed to take precedence over allusive ones (kinayah), and definite (muhkam) words take precedence over words falling into more ambiguous categories, such as the interpreted (mufassar), the obscure (khafi) and the problematic (mushkil). It may also be necessary to look at the position of the narrators of the conflicting hadiths, giving precedence to the report issuing from the individual who was more directly involved. A famous example of this is the hadith narrated by Maymunah which states that the Prophet (pbuh) married her when not in a state of consecration (ihram) for the pilgrimage. Because her report was that of an eyewitness, her hadith is given precedence over the conflicting report from Ibn Abbas, related by a similarly sound isnad, which states that the Prophet was in fact in a state of ihram at the time.

There are many other rules, such as that which states that prohibition takes precedence over permissibility. Similarly, conflicting hadiths may be resolved by utilising the fatwa of a Companion, after taking care that all the relevant fatwa are compared and assessed. Finally, recourse may be had to qiyas (analogy). An example of this is the various reports about the solar eclipse prayer (salat al-kusuf), which specify different numbers of bowings and prostrations. The ulama, having investigated the reports meticulously, and having been unable to resolve the contradiction by any of the mechanisms outlined above, have applied analogical reasoning by concluding that since the prayer in question is still called salaat, then the usual form of salaat should be followed, namely, one bowing and two prostrations. The other hadiths are to be abandoned.

This careful articulation of the methods of resolving conflicting source-texts, so vital to the accurate derivation of the Shariah from the revealed sources, was primarily the work of Imam al-Shafi'i. Confronted by the confusion and disagreement among the jurists of his day, and determined to lay down a consistent methodology which would enable a fiqh to be established in which the possibility of error was excluded as far as was humanly possible, Shafi'i wrote his brilliant Risala (Treatise on Islamic jurisprudence). His ideas were soon taken up, in varying ways, by jurists of the other major traditions of law; and today they are fundamental to the formal application of the Shariah.

It hardly needs remarking that although the Four Imams, Abu Hanifa, Malik ibn Anas, al-Shafi'i and Ibn Hanbal, are regarded as the founders of these four great traditions, which, if we were asked to define them, we might sum up as sophisticated techniques for avoiding innovation, their traditions were fully systematised only by later generations of scholars. The Sunni ulama rapidly recognised the brilliance of the Four Imams, and after the late third century of Islam we find that hardly any scholars adhered to any other approach. The great hadith specialists, including al-Bukhari and Muslim, were all loyal adherents of one or another of the madhhabs, particularly that of Imam al-Shafi'i. But within each madhhab, leading scholars continued to improve and refine the roots and branches of their school. In some cases, historical conditions made this not only possible, but necessary. For instance, scholars of the school of Imam Abu Hanifah, which was built on the foundations of the early legal schools of Kufa and Basra, were wary of some hadiths in circulation in Iraq because of the prevalence of forgery engendered by the strong sectarian influences there. Later, however, once the canonical collections of Bukhari, Muslim and others became available, subsequent generations of Hanafi scholars took the entire corpus of hadiths into account in formulating and revising their madhhab. This type of process continued for two centuries, until the Schools reached a condition of maturity in the fourth and fifth centuries of the Hijra.

It was at that time, too, that the attitude of toleration and good opinion between the Schools became universally accepted. This was formulated by Imam al-Ghazali, himself the author of four textbooks of Shafi'i fiqh, and also of Al-Mustasfa, widely acclaimed as the most advanced and careful of all works on usul usul al-fiqh With his well-known concern for sincerity, and his dislike of ostentatious scholarly rivalry, he strongly condemned what he called fanatical attachment to a madhhab (Ihya Ulum al-Din, III, 65) While it was necessary for the Muslim to follow a recognised madhhab in order to avert the lethal danger of misinterpreting the sources, he must never fall into the trap of considering his own school categorically superior to the others. With a few insignificant exceptions, the great scholars of Sunni Islam have followed the ethos outlined by Imam al-Ghazali, and have been conspicuously respectful of each others madhhab. Anyone who has studied under traditional ulama will be well-aware of this fact.

The evolution of the Four Schools did not stifle, as some Orientalists have suggested, the capacity for the refinement or extension of positive law. On the contrary, sophisticated mechanisms were available which not only permitted qualified individuals to derive the Shariah from the Quran and Sunnah on their own authority, but actually obliged them to do this. According to most scholars, an expert who has fully mastered the sources and fulfilled a variety of necessary scholarly conditions is not permitted to follow the prevalent rulings of his School, but must derive the rulings himself from the revealed sources. Such an individual is known as a mujtahid, a term derived from the famous hadith of Muadh ibn Jabal.

Few would seriously deny that for a Muslim to venture beyond established expert opinion and have recourse directly to the Quran and Sunnah, he must be a scholar of great eminence. The danger of less- qualified individuals misunderstanding the sources and hence damaging the Shariah is a very real one, as was shown by the discord and strife which afflicted some early Muslims, and even some of the Companions themselves, in the period which preceded the establishment of the Orthodox Schools. Prior to Islam, entire religions had been subverted by inadequate scriptural scholarship, and it was vital that Islam should be secured from a comparable fate.

Read more: http://www.iiu.edu.my/deed/lawbase/newmadhhab.html

Read more by Abdul Hakim Murad: http://baytunur.blogspot.com/2010/05/is-religion-public-or-private-matter.html

Read on Abdul Hakim Murad:
http://baytunur.blogspot.com/2010/02/perceived-failure-of-traditional.html