TOWARD HONEST AND PRINCIPLED ISLAMIC LAW
SCHOLARSHIP
Hisham M. Ramadan*
2006 MICH. ST. L. REV. 1573
TABLE OF CONTENTS
INTRODUCTION .........................................................................................1574
I. CONCEPT CLARIFICATION ..................................................................1575
II. JURISPRUDENTIAL DIVERSITY AS A BASIS FOR SCHOLARSHIP .........1576
III. THE LIMITS OF ACCEPTABLE SCHOLARSHIP .....................................1578
A. General Guidelines.....................................................................1578
B. Scholar Requisite Qualifications ................................................1580
1. Knowledge of Qur’an ...........................................................1580
a. Circumstances and Reasons of Revelation.....................1581
b. Knowledge of Nasekh (Abrogated Verses)....................1582
2. Knowledge of Sunna/Hadith.................................................1584
3. Knowledge of Arabic ............................................................1585
4. Knowledge of Ijma (Consensus) ...........................................1587
5. Knowledge of Usool al Fiqh .................................................1588
6. Knowledge of the Objectives of Islamic Law........................1589
a. Necessities/Essentials.....................................................1590
i. Protection of Religion .............................................1590
ii. Protection of Intellect ............................................ 1592
iii. Protection of Progeny ............................................ 1593
iv. Protection of Wealth .............................................. 1594
v. Protection of Life ................................................... 1596
b. Exigencies/Needs ...........................................................1598
c. Niceties/ Improvements..................................................1598
7. Knowledge of Concurrent Circumstances ...........................1598
8. The Scholar Must Be Muslim, Just, of Good Character, and
Pious ...................................................................................1599
IV. SCHOLARSHIP CATEGORIES...............................................................1602
V. APPLICATIONS OF SCHOLARSHIP STANDARDS TO CONTEMPORARY
SETTINGS ...........................................................................................1604
A. New Scholarship’s Relevancy to the Established Schools of
Thoughts’ Methodologies and Interpretation ............................1604
B. Junior Scholars’ Code of Conduct.............................................1604
CONCLUSION ............................................................................................1606
1574 Michigan State Law Review [Vol. 2006:1573
INTRODUCTION
For centuries, orientalists motivated by cultural, racial, and religious
prejudices endeavored to politically portray Islamic law to non-Muslims in
a manner that serves their agenda.1 The scholarly sphere, in a number of
Muslim states, was not more contented. Oppressive regimes surrounded
themselves with “pay for opinion” scholars who did not hesitate to glorify
the ruler and justify his actions and policies no matter how horrific or incon-
sistent with Islamic law. A wind of change recently appeared due to the rise
of international terrorism and the widespread rejection of positive law in
many Muslim states in favor of implementing Islamic law.2 Such events
triggered a need for the scholarly examination of Islamic law in non-Muslim
states and for Islamic law rediscovery as the only valid alternative to posi-
tive law in Muslim societies. Numerous honest scholars rose to the chal-
lenge by explaining, analyzing, and writing on Islamic law.3 However, this
movement was contaminated by individual and political agendas. Cultural,
racial, and religious biases remain the norm in a number of western univer-
sities including some of the most prestigious. In such a murky environment
Islamic law scholars, especially juniors, struggle to find the right path.
Questions of contradicting values, identity, Islamic democracy, and Islamic
human rights typically arise in the mind of junior scholars and the answers
are varied. From this standpoint, I have endeavored to outline the clear and
indisputable, as unanimously suggested by accepted Islamic law scholars,
qualifications and conditions that an Islamic law scholar ought to fulfill to
gain recognition by the Islamic world and to offer honest and principled
scholarship to non-Muslims.4
The research methodology adopted in this Article follows the only ac-
ceptable technique in Islamic law scholarship: it cites the basic sources of
* Visiting Professor, Michigan State University College of Law. L.L.B. Ain
Shams University (Cairo, Egypt), L.L.M. Auckland University (Auckland, New Zealand),
L.L.M. (Criminal Law) State University of New York at Buffalo, S.J.D. University of Wis-
consin.
1. See EDWARD W. SAID, ORIENTALISM (1978).
2. Positive law refers to man-made laws as opposite to law of divine origin as
Islamic law.
3. See HISHAM M. RAMADAN, UNDERSTANDING ISLAMIC LAW: FROM CLASSICAL TO
CONTEMPORARY (2006); see also Ali Khan, Islam as Intellectual Property, 31 CUMB. L. REV.
631 (2001); Irshad Abdal-Haqq, Islamic Law: An Overview of Its Origin and Elements, 7 J.
ISLAMIC L. & CULTURE 27, 41 (2002).
4. Apart from religious cults that label themselves as Islamic, numerous Islamic
law scholars, especially in the Arab world, explained the requisite qualification of a scholar.
See YUSUF AL-QARADAWI, LEGISLATION AND LAW IN ISLAM 33 (Hanan Amer trans., 1990).
Special] Toward Honest and Principled Islamic Law Scholarship 1575
Islamic law, the Qur’an and Sunna, to support its propositions.5 If these
sources do not speak to an issue, the only reliable scholarship that might be
cited is that of authors famous for their piety and knowledge. Innovative
scholarship that presents views that are indeed at odds with Islamic law and
therefore unacceptable in the Islamic world ought to be discarded.6
I. CONCEPT CLARIFICATION
To assist the general reader, this Part outlines several key terms and
concepts in Islamic law. In an age of new awareness of Islamic law, several
terms, including Fiqh, Sunna, and Sharia’ are bandied about loosely. How-
ever, the differences between these terms are essential for understanding the
applicability of various bodies of Islamic law in different geographic and
temporal contexts.
5. See The Holy Qur’an, Sura Al-Maidah 5:3 (“[Allah says] . . . This day have I
perfected your religion for you, completed my favor upon you, and have chosen for you
Islam as your religion.”); The Holy Qur’an, Sura An-Nahl 16:89 (“[Allah says] . . . We have
sent down to thee a Book explaining all things, a Guide, a Mercy, and Glad Tidings to Mus-
lims.”); The Holy Qur’an, Sura Al-An ‘am 6:38 (“[Allah says] . . . Nothing have We omitted
from the Book, and they [all] shall be gathered to their Lord in the end.”) (translated by
author).
6. See The Holy Qur’an, Sura Al-Qasas 28:50 (“But if they hearken not to thee,
know that they only follow their own lusts [or whim]: and who is more astray than one who
follows his own lusts [or whim], devoid of guidance from Allah? For Allah guides not peo-
ple given to wrong-doing.”) (translated by author); Sahih Muslim, Bk. 18, No. 4266, avail-
able at http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/018.smt.html (last
visited July 22, 2007) (“A’ishah, (may Allah be pleased with her) reported Allah’s Messen-
ger (may peace be upon him) as saying: He who innovates things in these affairs of ours for
which there is no valid (reason), (commits sin) and these are to be rejected.”); Sahih Muslim,
Bk. 4, No. 1885, available at http://www.usc.edu/dept/MSA/fundament-
als/hadithsunnah/muslim/004.smt.html (last visited July 22, 2007) (“Jabir B. Abdullah said:
When Allah’s Messenger (may peace he upon him) delivered the sermon, his eyes became
red, his voice rose, and his anger increased so that he was like one giving a warning against
the enemy and saying: ‘The enemy has made a morning attack on you and in the evening
too.’ He would also say: ‘The last Hour and I have been sent like these two.’ And he would
join his forefinger and middle finger, and would further say: ‘The best of the speech is em-
bodied in the Book of Allah, and the best of the guidance is the guidance given by Muham-
mad. And the most evil affairs are their innovations; and every innovation is error.’ He
would further say: ‘I am more dear to a Muslim even than his self; and he who left behind
property that is for his family. And he who dies under debt or leaves children [in helpless-
ness]. The responsibility [of paying his debt and bringing up his children] lies on me.’”);
Sahih Muslim, Bk. 30, No. 5690, available at
http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/030.smt.html (last visited
July 22, 2007) (“Abdullah reported Allah’s Messenger (may peace be upon him) as saying; I
shall be there at the Cistern before you, and I shall have to contend for some people, but I
shall have to yield. I would be saying: My Lord, they are my friends, they are my friends,
and it would be said: You do not know what innovations they made after you.”).
1576 Michigan State Law Review [Vol. 2006:1573
Generally speaking, Ibadat (addresses the relationship between an in-
dividual and God) and Mo’amalat (addresses the relationship between indi-
viduals) constitute Islamic law. Since the tradition of Islamic jurisprudence
focuses on practical matters, especially Mo’amalat, the terms Islamic law
and Islamic jurisprudence are used interchangeably in this text and refer
exclusively to Mo’amalat. 7
Islamic law should be distinguished from Fiqh: linguistically, Fiqh is
the understanding of the explicit meaning of and the implications of a no-
tion such as a doctrine, concept, ideology, school of thought or even a body
of laws.8 With respect to Islamic law, Fiqh is the understanding of explicit
and implicit commands of Islamic law.9
Similarly, Islamic law ought to be distinguished from Sharia’ and
scholarly opinions. Sharia’ are the Islamic law commands that are enumer-
ated in the Qur’an and Sunna.10 Scholarly opinions that are extracted from
the Qur’an and Sunna are not Sharia’; rather they are opinions based upon
their authors understanding of the Qur’an and Sunna.11 Nowadays, Western
scholars use the terms Fiqh and Sharia’ interchangeably to refer to Islamic
law.
II. JURISPRUDENTIAL DIVERSITY AS A BASIS FOR SCHOLARSHIP
Diversity in jurisprudential opinions that does not encroach upon pre-
fixed laws—for example, inheritance rights, Hudud crimes, and burden of
proof—is a fact in Islamic law.12 It serves an important role, provoking
7. IBN QUDAMA, 1 AL-MOGHNEE WA AL-SHARAH AL-KABEER 17.
8. See The Holy Qur’an, Sura Al-Asraa 17:44, Sura Al-An’am 6:65; see also
MINISTRY OF AWQAF (RELIGIOUS TRUST) OF ARAB REPUBLIC OF EGYPT, 1 MAWSO’AH AL-
FIQH AL-ISLAMI (ISLAMIC FIQH ENCYCLOPEDIA) 9 [hereinafter ISLAMIC FIQH ENCYCLOPEDIA].
9. ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 11-12.
10. See The Holy Qur’an, Sura Al-Maidah 5:48 (“To thee We sent the Scripture in
truth, confirming the Scripture that came before it, and guarding it in safety: so judge be-
tween them by what Allah hath revealed, and follow not their vain desires, diverging from
the Truth that hath come to thee. To each among you have We prescribed a Law and an
Open Way. If Allah had so willed, He would have made you a single People, but [His plan
is] to test you in what He hath given you; so strive as in a race in all virtues. The goal of you
all is to Allah; it is He that will show you the truth of the matters in which ye dispute.”); The
Holy Qur’an, Sura Al-Jathiya 45:8 (“Then We put thee on the [right] Way of Religion: so
follow thou that [Way], and follow not the desires of those who know not. They will be of
no use to thee in the sight of Allah: it is only wrong-doers [that stand as] protectors, one to
another: but Allah is the Protector of the Righteous. These are clear evidences to men, and a
Guidance and Mercy to those of assured Faith.”) (translated by author); see also ISLAMIC
FIQH ENCYCLOPEDIA, supra note 8, at 13.
11. ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 13; MENA’ AL-QATAN, TAREEKH
AL-TASHRI’ AL-ISLAMI 172 (1996).
12. See The Holy Qur’an, Sura An-Nahl 16:93 (“If Allah so willed, He could make
you all one People: but He leaves straying whom He pleases, and He guides whom He
Special] Toward Honest and Principled Islamic Law Scholarship 1577
Islamic law thinkers to examine the legal opinions closely, scrutinize their
merits, and thereby evolve the jurisprudence as a product of healthy schol-
arly discussion.13 It is also a great source of leniency, not a tool of intoler-
ance; individuals may follow any reliable opinion.14 Islamic law scholar,
Imam Malik, illustrated Islamic law’s emphasis on diversity when he re-
fused to make his opinion stated in Motaa’ Malik exclusive. This was con-
trary to the direct orders of Caliph Al Mansoor Al-Abassee.15 Needless to
say, only scholarly opinions that follow an Islamicly approved research
methodology merit consideration.16 Consequently, the diversity claim is
never accepted as a backdoor for lawlessness and disorder. Rather, it is the
great tool that ignites discussion between the scholars, and it is monitored
by the Islamic world that approves or disapproves various research method-
ologies.
This diversity benefits individuals as well, empowering them to follow
or reject scholarly opinions notwithstanding the caliber of the scholar.17 For
instance, when a verse discouraging consuming alcohol and gambling was
revealed, the Prophet Mohammed understood that this verse constituted a
prohibition of alcohol consumption and gambling.18 Therefore, he applied
his Ijtihad/opinion to himself and did not order Muslims to follow him.19
However, when the prohibition became clear by virtue of the Qur’an, Mus-
lims abandoned consuming alcohol and gambling altogether.20 Moreover,
the Prophet customarily approved scholarly opinions that reached varying
conclusions based in different understanding.21
pleases: but ye shall certainly be called to account for all your actions.”) (translated by au-
thor).
13. AL-QARADAWI, supra note 4, at 33.
14. IBN QUDAMA, supra note 7, at 18.
15. Id.
16. AL-QARADAWI, supra note 4, at 33.
17. Taqiled (blind following of the established jurisprudence) is allowed only if it is
reliable. See HAFIZ AL-DEEN AL-NASQI, 6 AL-BAHR AL- RA’AK SHARAH KENZ AL-DAQ’AK
452 (1997).
18. See The Holy Qur’an, Sura Al-Baqarah 2:219 (“They ask you about intoxicants
and gambling: say, ‘In them there is a gross sin and some benefits for the people. But their
sinfulness far outweighs their benefit.’”) (translated by author) (emphasis added); see also
IBN QUDAMA, supra note 7, at 20.
19. See IBN QUDAMA, supra note 7, at 20.
20. See The Holy Qur’an, Sura Al-Maidah 5:90-91 (“O ye who believe! Intoxicants
and gambling, [dedication of] stones, and [divination by] arrows, are an abomination of
Satan’s handiwork: eschew such [abomination], that ye may prosper. Satan’s plan is [but] to
excite enmity and hatred between you, with intoxicants and gambling, and hinder you from
the remembrance of Allah, and from prayer: will ye not then abstain?”) (translated by au-
thor) (emphasis added); see also IBN QUDAMA, supra note 7, at 20.
21. See IBN QUDAMA, supra note 7, at 20. Remarkably, scholars also showed toler-
ance with respect to scholarly opinions especially when an opinion will cause discomfort and
disunity. When the renowned scholar Al-Shafee prayed alongside al-Hanfee school of
1578 Michigan State Law Review [Vol. 2006:1573
III. THE LIMITS OF ACCEPTABLE SCHOLARSHIP
A. General Guidelines
According to Islamic beliefs, God (Allah) is the source of law.22 His
will is communicated directly through the Qur’an and Sunna.23 However,
the scholar may investigate and discover the Islamic rule when it is not ex-
plicitly stated in the Qur’an and Sunna if it is designated to acquire benefits
or rule out harm or both.24 In this context, a scholar must be clear in his
opinion to explain whether it is universally applicable or it addresses a spe-
cific case.25
Scholarly opinion must be based upon well-recognized rules of inter-
pretation. An opinion contrary to the clear directions of the Qur’an and
Sunna should be not upheld.26 Similarly, the scholarly opinions of unquali-
fied individuals, or those that contradict authenticated rules of interpreta-
tion, or those that lack the jurisprudential foundation are considered unreli-
able.27 For instance, the prohibition of consuming alcohol could not be sub-
ject to scholarly opinions or interpretations.28 Scholarship must always be
limited to undetermined issues in Islamic law.29 Crimes and punishments,
inheritance shares, and basic contractual conditions (for example, prohibi-
thought followers, he did not pray one of the encourageable morning prayers, according to
his school of thought. He might have done so to erase any doubt of disunity among Mus-
lims, as the Hanfee school of thought scholars suggest, or his opinion may have actually
changed, as the Shafee school of thought scholars suggest. See id.
22. See The Holy Qur’an, Sura Yusuf 12:40 (“If not Him, ye worship nothing but
names which ye have named—ye and your fathers—for which Allah hath sent down no
authority: the Command is for none but Allah: He hath commanded that ye worship none but
Him: that is the right religion, but most men understand not.”) (translated by author).
23. See The Holy Qur’an, Sura Al-Maidah 5:49 (“And this [He commands]: judge
thou between them by what Allah hath revealed, and follow not their vain desires, but be-
ware of them lest they beguile thee from any of that [teaching] which Allah hath sent down
to thee. And if they turn away, be assured that for some of their crimes it is Allah’s purpose
to punish them. And truly most men are rebellious.”); The Holy Qur’an, Sura An-Nisaa 4:59
(“O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority
among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger,
if ye do believe in Allah and the Last Day: that is best, and most suitable for final determina-
tion.”); The Holy Qur’an, Sura An-Nissa 4:105 (“We have sent down to thee the Book in
truth, that thou mightiest judge between men as guided by Allah: so be not [used] as an ad-
vocate by those who betray their trust.”) (translated by author).
24. WAHBAH AL-ZUHAYLI, NAZARIYAT AL-DARURAH AL-SHARIYAH 15-16 (1997).
25. IBN QUDAMA, supra note 7, at 24.
26. AL-QURAFI, 2 TAHZEEB AL-FOROQ WA AL-QUA’AD AL-SONIA 109; ISLAMIC FIQH
ENCYCLOPEDIA, supra note 8, at 244; IMAM AL-NAWAWI, 1 SHARAH AL-MOHAZAB (KITAB
AL-MAJMOH) 41.
27. ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 13.
28. Id. at 13-14.
29. ABI HAMID AL-GHAZALI, 2 MOSTASFA MEN ALM-AL-ASOOL 354.
Special] Toward Honest and Principled Islamic Law Scholarship 1579
tion of usury) as clearly stated in the basic sources in Islamic law, the
Qur’an and Sunna, are not subject to interpretation.
Consultation with other scholars, especially experts in Islamic law, is a
great scholarly tool in achieving a sound opinion. Scholars who were com-
panions of the Prophet Mohammed customarily consulted each other when
addressing a particular question.30 In the case of Omar Ibn Al-Khatab and
Abu Bakr, two close companions of the Prophet Mohamed, if a new ques-
tion of law emerged they referred to the Qur’an and Sunna.31 If they did not
find an answer, they engaged in Ijtihad scholarly analysis.32 If they and
other scholars unanimously agreed, their resolution ranked as Ijma, schol-
arly consensus, which should be followed in every Islamic state. If they
disagreed and the governor of an Islamic state ordered that a particular opin-
ion should be followed, then this opinion was followed.33
Although leniency is one of Islamic law’s doctrines, it is never suffi-
cient to justify a prohibition or preclude the proper adjudication.34 Nor is it
permitted to quickly excuse the wrongful conduct, to achieve a desired re-
sult, or to promote a particular political agenda. Yet the role of leniency in
Islamic law interpretation is significant. If there are two interpretations on a
specific issue, one strict and the other lenient, a scholar should incline in
favor of the lenient interpretation.35 Leniency should apply equally to the
general public and to rulers. A scholar is never permitted to issue the leni-
ent opinion to the ruler and the stricter opinion to the general public.36 Un-
fortunately, nowadays, a number of self-identified Islamic law scholars in-
voke leniency to nullify indispensable portions of Islamic law, including
Hudud crimes, inheritance laws, and others.
A scholar should be confident of his opinion. If he does not know the
answer to any question, it is much better to refrain from answering. The
great scholar Malik, was asked forty questions but answered only four.37
The eminent scholar Ibn Abas when asked ten questions answered only
nine.38 Ibn Omar when asked about ten questions answered only one.39
Even the close companions of the Prophet Mohammed did not answer every
30. ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 25.
31. AL-QATAN, supra note 11, at 165.
32. Id. at 165-66.
33. ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 25.
34. ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 291; see 1 AL-NAWAWI, supra
note 26, at 46.
35. AL-ZUHAYLI, supra note 24, at 15-16.
36. AL-QURAFI, supra note 26, at 109-10.
37. FAKHER AL-ISLAM AL-BAZDAWI, 4 KASHEF AL-ASRAR 24; IBN QUDAMA, supra
note 7, at 385.
38. ABI HAMID AL-GHAZALI, 1 IHYA ULOOM AL-DEEN 109.
39. Id.
1580 Michigan State Law Review [Vol. 2006:1573
question they were ever asked.40 Islamic law is not to be based on an indi-
vidual scholar’s whim or a ruler who motivates scholars’ opinions; rather it
should be based upon firm knowledge and truthfulness.41
B. Scholar Requisite Qualifications
A scholar must fulfill the eight requisite conditions listed below. As
logical as this proposition seems, it is inconsistent with current common
practices of a number of so-called Islamic law reformers. This group typi-
cally attempts to import jurisprudential doctrines that stand at odds with the
Islamic jurisprudence matrix. This is due to their ignorance and influence
by a non-Islamic philosophy. They criticize early Islamic jurisprudence that
has been elaborated on by exceptional scholars and instead suggest new
jurisprudence.42 Undeniably some scholarship and legal opinions are lim-
ited to a specific time and place. But this “reformer” group typically calls
for wholesale rejection of old and established jurisprudence in favor of new,
so-called reformed Islamic law that serves their political goals. Essentially,
two basic requirements define the true Islamic law scholar: a pious Muslim
and knowledge of Islamic law.43 These two requirements are further di-
vided into eight branches. The following discussion summarizes these
branches.
1. Knowledge of Qur’an
The Qur’an is the primary source of Islamic law. Any other source of
Islamic law is compared to the Qur’an, and when contradictions arise the
Qur’an is the supreme authority.44 Scholars have disagreed on the quantum
of knowledge of the Qur’an that is required. Al-Ghazali suggested that it is
not necessary for a scholar to know the entire book but only the verses that
40. Id.
41. See The Holy Qur’an, Sura Al-Muminun 23:71 (“And had the truth followed
their desires, surely the heavens and the earth and all that in them would have been cor-
rupted.”) (translated by author); see also 1 IBN QUDAMA, supra note 7, at 22.
42. AL-QARADAWI, supra note 4, at 30.
43. AL-GHAZALI, supra note 29, at 350-54; see 6 HAFIZ AL-DEEN AL-NASQI, supra
note 17, at 286; see also ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 285.
44. See The Holy Qur’an, Sura An-Nahl 16:89 (“One day We shall raise from all
Peoples a witness against them, from amongst themselves: and We shall bring thee as a
witness against these [thy people]: and We have sent down to thee a Book [The Qur’an]
explaining all things, a Guide, a Mercy, and Glad Tidings to Muslims.”); The Holy Qur’an,
Sura Al-Israa 17:9 (“Verily this Qur’an does guide to that which is most right [or stable], and
gives the glad tidings to the Believers who work deeds of righteousness, that they shall have
a magnificent reward.”) (emphasis added); The Holy Qur’an, Sura Al-An ‘am 6:38 (“Noth-
ing have We omitted from the Book, and they [all] shall be gathered to their Lord in the
end.”) (translated by author).
Special] Toward Honest and Principled Islamic Law Scholarship 1581
are relevant to Islamic law, of which there are approximately 500.45 More-
over, there is no need to memorize the Qur’an or even the particular verses
related to the law.46 The scholar needs only to know the location of the
verses related to a particular question so that he may refer to it as the need
arises.47 The limited number of verses suggested by Al-Ghazali are the
verses that explicitly address legal issues. However, many other verses
could be helpful in understanding Islamic law. They could be used to ana-
lyze Islamic law’s implications and reasoning. Therefore, other scholars
have concluded that the actual number of verses that are minimally required
to be known might be 900 or even much greater than that.48 Other groups of
scholars challenged Al-Ghazali’s proposition by suggesting that knowledge
of the entire Qur’an is required. These scholars reason that every verse can
be an original source of jurisprudence and that knowing the entire Qur’an is
necessary to isolate the jurisprudential verses.49
Unquestionably, knowledge of the entire Qur’an in general and a
greater understanding of the specific verses are required, and the more
knowledge that a scholar gains of the Qur’an the more qualified he is. The
Qur’an itself testifies that the knowledge in general or the law in particular
far exceeds the 500 verses.50 A scholar must exert himself to find the impli-
cations of verses in the Qur’an that do not include specific commands.
Even the stories in the Qur’an are a source of law. For instance, the story of
the Prophet Joseph testifying his acceptance of public office in ancient
Egypt implies that it is permissible for a Muslim to hold public office in a
non-Islamic state.51 Finally, although memorization may not be a require-
ment, it nevertheless eases the task of the scholar in recalling the relevant
verses.
a. Circumstances and Reasons of Revelation
Knowledge of the literal meaning of the Qur’an is never sufficient.
Rather, a scholar must acquaint himself with the circumstances and reasons
45. See YUSUF AL-QARADAWI, AL-IJTIHAD FE AL-SHARIA’ AL-ISLAMIA 18-19 (3d
ed. 1999).
46. AL-GHAZALI, supra note 29, at 350. Numerous scholars agreed with Al-Ghazali
such as Ibn Al-Arabi, Al-Razi, Ibn-Qudama, and Al-Qurafi. See ISLAMIC FIQH ENCYCLOPE-
DIA, supra note 8, at 284.
47. ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 284.
48. For instance, Abed Allah Ibn Moubark and Al-Shoukany. See AL-QARADAWI,
supra note 45, at 19.
49. See IBN QUDAMA, 2 RAWDAT AL-NAZER 401; see also AL-QARADAWI, supra
note 45, at 19.
50. See The Holy Qur’an, Sura Al-An’Am 6:38 (“Nothing have We omitted from
the Book, and they [all] shall be gathered to their Lord in the end.”) (translated by author).
51. AL-QARADAWI, supra note 45, at 21.
1582 Michigan State Law Review [Vol. 2006:1573
of revelation of the Qur’anic verses. This is not to say that every verse of
the Qur’an was revealed for a known reason; on the contrary, most Qur’anic
verses were revealed without any incident to trigger their revelation. How-
ever, knowledge of the circumstances and the reasons, for those verses that
were revealed for reason, is indispensable to comprehend a verse’s complete
meaning. For instance, verse 281 in Surah Al-Baqarah (book number 2)
reads: “And be afraid of the day when you shall be brought back to Allah.
Then every person shall be paid what he earned, and they shall not be dealt
with unjustly.” This verse was the last verse revealed in the Qur’an. This
draws our attention to its meaning. It summarizes the entire message of
Islamic law: a warning that bad deeds will be punished and good deeds will
be rewarded.
b. Knowledge of Nasekh (Abrogated Verses)
Scholars disagree about whether some verses in the Qur’an abrogate
others.52 Some scholars suggest that abrogation never happened. Others
suggest a large or small number of verses are abrogated by another verse in
the Qur’an or by Sunna.53 Certainly, the discussion of the abrogated verses
is a lengthy one, and it is far beyond the scope of this Article. Yet, a scholar
must acquaint himself with the issue of abrogation. He must understand the
limitations and applicability of verses that pertain to Islamic law and must
know what scholars actually meant when discussing whether or not a verse
is abrogated.
To illustrate the importance of such knowledge, consider the follow-
ing. The Holy Qur’an in Sura An-Nur 24:4-5 reads “And those who launch
a charge against chaste women, and produce not four witnesses, (to support
their allegations), flog them with eighty stripes; and reject their evidence
ever after: for such men are wicked transgressors. Unless they repent there-
after and mend (their conduct): for Allah is Oft-Forgiving, Most Merciful.”
These verses suggest that the punishment for false accusation of unchaste-
52. See The Holy Qur’an, Sura Al-i-’Imran 3:7 (“He it is Who has sent down to thee
the Book; in it are verses basic or fundamental [of established meaning]; they are the founda-
tion of the Book: others are not of well-established meaning. But those in whose hearts is
perversity follow the part thereof that is not of well-established meaning. Seeking discord,
and searching for its hidden meanings, but no one knows its true meanings except Allah.
And those who are firmly grounded in knowledge say: ‘We believe in the Book; the whole of
it is from our Lord: and none will grasp the Message except men of understanding.’”); The
Holy Qur’an, Sura Hud 11:1 (“Alif Lam Ra. [This is] a Book, with verses basic or funda-
mental [of established meaning]—further explained in detail—from One Who is Wise and
Well-Acquainted [with all things].”) (translated by author); see also ISLAMIC FIQH
ENCYCLOPEDIA, supra note 8, 284-87.
53. See ABDUR RAHIM, THE PRINCIPLES OF ISLAMIC JURISPRUDENCE 105-10 (1994);
see also IMAM AL-SHARFI’I, AHKAM AL-QUR’AN (book of Neskh “abrogation”); MIR WALI
ULLAH, MUSLIM JURISPRUDENCE AND THE HOLY QUR’ANIC LAW OF CRIMES 7-10 (1982).
Special] Toward Honest and Principled Islamic Law Scholarship 1583
ness is flogging with eighty stripes. The language of the verse is so broad
that it applies to husbands who accuse their wives of unchasteness. How-
ever, a more specific verse indicates a different standard for spouses. The
Holy Qur’an in Sura An-Nur 24:6-9 reads:
And for those who launch a charge against their spouses, and have (in support) no
evidence but their own,—their solitary evidence (can be received) if—they bear
witness four times (with an oath) by Allah that they are solemnly telling the Truth.
And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on
themselves if they tell a lie. But it would avert the punishment from the wife, if she
bears witness four times (with an oath) by Allah, that (her husband) is telling a lie;
And the fifth (oath) should be that she solemnly invokes the wrath of Allah on her-
self if (her accuser) is telling the Truth.54
These verses exempted a husband from the punishment if he made an
oath five times testifying to the truth of the matter. Some scholars might
label the husband exception stated in verses 6-9 an abrogation to the resolu-
tion stated in verses 4 and 5. Others, who understand the language of the
Qur’an, know that verse 4 was elaborated in general terms to deal with
every issue unless there is an exception to the rule, which actually occurred
in the later verses. Lack of knowledge of the Qur’an, the applicability of
verses, and their limitations cripples a scholar’s ability to analyze and un-
derstand the Qur’an.
Finally, since the scholarly power of interpretation is limited to the na-
ture of the Qur’anic verses, a scholar ought to be acquainted with various
jurisprudential verse classifications. Qur’anic verses are either Mohkamat
Mutashabihat. Mohkamat verses are hard facts. They are the foundations
of the Qur’an. They are plain, easy to understand, and not subject to inter-
pretations. In contrast, Mutashabihat are open to interpretation by qualified
scholars and may not be easy to understand.55 Similarly, the legal rules in
54. The Holy Qur’an, Sura An-Nur 24:6-9 (translated by author).
55. See The Holy Qur’an, Sura Al-i-’Imran 3:7-8 (“He it is Who has sent down to
thee the Book; in it are verses basic or fundamental [of established meaning]; they are the
foundation of the Book: others are not of well-established meaning. But those in whose
hearts is perversity follow the part thereof that is not of well-established meaning. Seeking
discord, and searching for its hidden meanings, but no one knows its true meanings except
Allah. And those who are firmly grounded in knowledge say: ‘We believe in the Book; the
whole of it is from our Lord: and none will grasp the Message except men of understanding.
‘Our Lord!’ [they say], ‘let not our hearts deviate now after Thou hast guided us, but grant
us mercy from Thine own Presence; for Thou art the Grantor of bounties without measure.’”)
(translated by author).
The prophet Mohammed warned those who seek Mutashabihat verses to reach a desired
conclusion. See TAFSEER IBN, FOR QURAN, Sura AL-i-’Imran 3:7 (“The Messenger of Allah
[the prophet Mohammed] recited, ‘It is He Who has sent down to you the Book. In it are
verses that are entirely clear, they are the foundations of the Book; and others not entirely
clear,’ until, Men of understanding and he said, ‘When you see those who argue in it [using
the Mutashabihat], then they are those whom Allah meant. Therefore, beware of them.”)
(translated by author) (on file with author).
1584 Michigan State Law Review [Vol. 2006:1573
the verses might be ‘aam (general), khas (specific), mutlaq (absolute), mu-
qayyad (restricted), mujmal (comprehensive), or mubayyan/mofsar (ex-
plicit).56 The application of the legal rule stated in a particular verse is al-
ways dependent upon its classification.57 It is crucial for a scholar when
referring to a rule derived from a particular verse to be familiar with its
classification.58
2. Knowledge of Sunna/Hadith
The term, Hadith, describes that which was transmitted on the author-
ity of the Prophet including his practice, sayings or tacit approval.59 Hadith
and Sunnah are typically used interchangeably in Western literature but
actually have different meanings. Sunna is the second source of Islamic
law. It was recorded by the companions of the Prophet and authenticated by
eminent scholars afterward. Scholars followed strict rules of authentication;
however, the authentication methodology varies. Sunna was collected in a
number of books. The most reliable book is Al-Bukhari’s collection of the
Authentic Hadith; Muslim’s collection is the second most reliable.
As a source of jurisprudence, authenticated Sunna is as important as
the Qur’an because of the unity of its origin. 60 The only difference between
the two is that the wording of the Qur’an is revealed from God, whereas
Sunna was inspired by God and the wording is that of the Prophet Moham-
med.61 Denying the legislative mandatory nature of Sunna is a rejection of
the Qur’an.62
Knowledge of Sunna requires the knowledge of the sciences of Hadith
including the science of studying the reporters of Hadith (Rijal al-Hadith)
and the science of Classification of Hadith (Ilm Mustalah al-Hadith). A
classification can be made with reference to a particular authority, for ex-
ample, the Prophet or a Companion: such Hadith are called marfu’ (ele-
vated), mauquf (stopped), and maqtu’ (severed). Also, a classification is
made with reference to the chain of transmitters of the Hadith, the chain of
56. IBN QUDAMA, supra note 7, at 384.
57. Id.
58. Id.
59. AL-QATAN, supra note 11, at 88.
60. See The Holy Qur’an, Sura An-Najm 53:2-5 (“Your companion [Mohammed]
has neither gone astray nor has erred. It is only a revelation revealed. He has been taught
[this Qur’an] by one mighty in power [Jibril (Gabriel)].”); see also The Holy Qur’an, Sura
AL-i-’Imran 3:32 (“Say: ‘Obey Allah and His Messenger’: but if they turn back, Allah loves
not those who reject Faith.”) (translated by author).
61. AL-QATAN, supra note 11, at 87-93.
62. See The Holy Qur’an, Sura An-Nur 24:54 (“Say: Obey God and obey the mes-
senger [the prophet Mohammed].”); The Holy Qur’an, Sura An-Nisaa 4:80 (“Whoever obeys
the messenger [the prophet Mohammed], then he has obeyed God.”) (translated by author).
Special] Toward Honest and Principled Islamic Law Scholarship 1585
authority. Under this classification, a Hadith may be supported (musnad),
hurried (mursal), continuous (muttasil), broken (munqati’), perplexing
(mu’dal) or hanging (mu’allaq). The number of reporters involved in each
stage of Hadith transmission is the third method of classifying Hadith. Un-
der this classification a Hadith is either consecutive (mutawatir), or isolated
(ahad). The isolated Hadith is scarce (gharib), rare (aziz), and famous
(mashhur). There are a number of other classifications; however, the ulti-
mate critical classification that every scholar must be acquainted with is the
classification based upon the reliability and memory of the reporters. Under
this classification a Hadith is sound (Sahih), good (Hasan), weak (Da`if), or
fabricated (Maudu`). Knowledge of the last classification is a cornerstone
of invoking a Hadith as a basis for legislation. Fabricated Hadith is never a
good source of legislation, while weak Hadith might be considered in col-
laboration with other sources of legislation. These examples of the sciences
of Hadith are not an exhaustive list; rather they demonstrate the depth of the
subject matter and the heavy burden upon every scholar determined to en-
gage in Ijtihad.
For practical considerations, it is conceivable that very few scholars
are capable of mastering the science of Hadith because of its complexity as
well as the enormous amount of material that ought to be comprehended
and memorized. Accordingly, a scholar may rely upon authenticated Hadith
books including Sahih al-Bukhari, Sahih Muslim, Muwatta al-Imam Malik,
Sunan Abu Dawud, Sahih al-Tirmithi, Sahih an-Nisa’i, Sunan Ibn Majah
and Musnad of Abu Dawud to verify a Hadith’s reliability rank that is sound
(Sahih), good (Hasan), weak (Da`if) or fabricated (Maudu`). Then the
scholar may invoke the reliability rank in forming an opinion.63 Moreover,
a scholar must familiarize himself with the literature critiquing the Hadith
narrator’s position (Books of al-jarh wa al-ta`dîl). He must understand the
reasoning underlying the critique to exclude unreliable Hadith. Although it
is not necessarily required for a scholar to memorize all of these books,64 he
must at least acquire the general knowledge of these books, in addition to
the ability to recall and invoke all relevant Hadith to a particular question.
3. Knowledge of Arabic
The importance of the knowledge of Arabic cannot be over empha-
sized.65 Arabic is not only the language of the two basic sources of Islamic
63. AL-QARADAWI, supra note 45, at 35; see also, AL-BAZDAWI, supra note 37, at
21.
64. AL-QARADAWI, supra note 45, at 35.
65. See generally IBN HAZEM, 5 AL-AHKAM FE USOOL AL-AHKAM 124; see also The
Holy Qur’an, Sura As-Shuraa 26:192-95 (“[A]nd truly, this [the Quran] is a revelation from
the Lord of the Alamin [mankind, Jinn and all that exists], which the trustworthy Ru’h [Jibril
1586 Michigan State Law Review [Vol. 2006:1573
legislation, the Qur’an and Hadith, but also a very large amount of invalu-
able Islamic law literature is in Arabic. Translations of the meanings of the
Qur’an were made in numerous languages but the Qur’an’s actual text is
untranslatable for a number of reasons, the least of which is that there is no
exact synonym to many Arabic words in other languages.66
Knowledge of the Arabic language and its sciences includes knowl-
edge of the grammar, the linguistic style of commandments, that distin-
guishes between the commands that address the general public or a specific
issue or individual, the explicit and implicit meaning of words and phrases
as utilized in the Arabic language. For instance, the Qur’an reads: “and
divorced women shall wait (as regards to their marriage) for three Quro’ . . .
.”67 This verse addresses the required elapsed period that a divorcee must
wait to be eligible for marrying a person other than the divorcer. The key
word in interpreting this verse is the word Quro’. Does it mean a month or
something else? In the very common translation of the meanings of the
Qur’an, Yusuf Ali translated Quro’ as months. A scholar armed with the
knowledge of the Arabic language’s linguistic style, Hadith sciences, and
scholarly opinions would know that it meant “menstrual periods.”68 The
discrepancy in these meanings is significant given that a menstrual period
might be equal, more, or less than a month. Thus, lack of knowledge of the
Arabic language not only stands as a barrier in studying Islamic law but it
also cripples a scholar’s ability to comprehend and interpret effectively.
Mastering the Arabic language and its science is a heavy burden that
few may be capable to fulfill. There is a minimum satisfactory standard of
fluency in the Arabic language that is not a level set by a formal educational
qualification; rather, it is a level of knowledge of the language and its usage
that enables a scholar to engage effectively in scholarship.69 Because Is-
lamic law is one of the oldest continuing legal systems, and as such has
been subject to numerous analyses, reviewing the past scholarship that ex-
plains the literal meaning of verses and Hadith is a very useful tool for con-
temporary scholars.
(Gabriel)] has brought down, upon your heart [O Muhammad] that you may be [one] of the
warners, in the plain Arabic Language.”) (translated by author) (emphasis added).
66. For example a verse in The Holy Qur’an reads: “Say Allah (God) is ahad.” The
Holy Qur’an, Sura Al-Ikhlas 112:1 (translated by author). Ahad is roughly translated as “one
and the only one.” This translation does not convey the precise meaning. Although one is a
cardinal number it can be followed by other numbers, e.g., 2, 3, 4. On the other hand the
word, ahad, cannot be followed by any other number as if this word was created to describe
the unique status of God.
67. The Holy Qur’an, Sura Al-Baqarah 2:228 (translated by author).
68. See MUHAMMAD TAQI-UD-DIN AL-HILALI & MUHAMMAD MUHSIN KHAN,
INTERPRETATION OF THE MEANINGS OF THE NOBLE QUR’AN IN ENGLISH LANGUAGE (1986); see
also TAFSEER IBN, FOR QURAN (Sura Al-Baqarah 2:228) 353-55 (on file with author).
69. HAFIZ AL-DEEN AL-NASQI, supra note 17, at 445.
Special] Toward Honest and Principled Islamic Law Scholarship 1587
4. Knowledge of Ijma (Consensus)
There are two types of Ijma. The first is the universal consensus of an
interpretation of the learned Islamic law scholars on a particular issue in a
specific moment. Indeed, in contrast to the early Islamic state, universal
Ijma is very rare today given the current enormous populations of Muslims,
diversity of opinions, and lack of communication between scholars. The
only form of Ijma that is commonly accepted as authentic consensus is the
consensus of the Prophet Mohammed’s companions.70 Numerous adjudica-
tions and opinions, which typically have been represented as consensus,
were actually subject to interpretation.71 In fact, some scholars deny the
existence of consensus altogether, suggesting that doubt will remain as to
whether the scholars unanimously agreed on particular issues.72 The second
Ijima may be a consensus of an interpretation of Islamic law scholars in a
particular country, on a particular issue, in a specific moment.73 This type
of Ijma is binding only in the country where it has occurred unless learned
Islamic law scholars in other countries unanimously adopt it.74
In investigating whether there is Ijma on a particular issue, there is no
need to query every Muslim opinion, rather only the recognized scholars
have the right to vote. The premise of this proposition is that only qualified
individuals who had been recognized by the Islamic nation as qualified
scholars are capable of understanding, analyzing, and then adjudicating
sound opinion. The opinion of ignorant individuals and of non-Muslims is
discounted since they are not qualified to perform Islamic legal reasoning.
A scholar must be knowledgeable of the legal opinions that were sub-
ject to consensus in order to refrain from proposing another opinion in con-
flict with the consensus.75 It is not necessary that the scholar know every
70. AL-QARADAWI, supra note 45, at 45.
71. Id.
72. Id.
73. See S. ABUL A’LA MAUDUDI, ISLAMIC LAW AND CONSTITUTION 67-68 (Khurshid
Arhmad ed., trans. 1997).
74. Id.
75. ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 284-87. Indeed, even if Ijma has
not occurred with respect to a particular issue, the majority opinion is the safest choice for
scholars at the time of intellectual crises currently energized by political agendas and the
prospect of worldly gain. See Sahih Muslim, Bk. 20, No. 4553, available at
http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/020.smt.html (last visited
July 22, 2007) (“Hudhaifah bin Al-Yaman who said: People used to ask the Messenger of
Allah (may peace be upon him) about the good times, but I used to ask him about the bad
times fearing lest they overtake me. I said: Messenger of Allah, we were in the midst of
ignorance and evil, and then Allah brought us this good (time through Islam). Is there any
bad time after this good one? He said: Yes. I asked: Will there be a good time again after
that bad time? He said: Yes, but therein will be a hidden evil. I asked: What will be the evil
hidden therein? He said: (That time will witness the rise of) people who will adopt ways
1588 Michigan State Law Review [Vol. 2006:1573
consensus issue; rather he must be acquainted with the other scholars’ posi-
tions with respect to the issue in question and whether there is or has been
consensus on the issue.76 Consensus, if it has occurred, is highly beneficial
to the Islamic state. It promotes uniformity in application of the rule of law.
Thus, a scholar ought not to isolate himself and his followers from the Is-
lamic nation by contradicting the consensus. However, it does not follow
that the consensus cannot change. If a consensus on a particular issue was
based upon the consideration of interests or customs that have eroded, a new
consensus, based upon the new circumstances, may abrogate the earlier
consensus.77
5. Knowledge of Usool al Fiqh
Usool al Fiqh is the science of the methodological sources and princi-
ples of Islamic jurisprudence. It aids scholars in understanding the sources
of Islamic law and in extracting adjudications from its reliable sources by
establishing their juristic and legitimate validity. The basic sources of Is-
lamic law, the Qur’an and Sunna, might be inadequate to address every new
legal question directly. Rather they enumerate ageless prescriptions that
deal with particular matters and delineate general guidelines that offer flexi-
bility to meet the demands of endless social problems. In this context,
Usool al-Fiqh plays a major role. It is the tool that scholars use to identify
the legal problem, select appropriate tools to deal with the problem, and
accordingly issue a legal opinion.
The analogical methodology in adjudication is an indispensable
branch of Usool al-Fiqh.78 A scholar ought to acquaint himself with the
analogy usage, its conditions, the doctrinal foundations, and considerations
to be applied in parallel circumstances. However, the Zahree School of
thought, contrary to the majority opinions, never accepts analogy as a
other than mine and seek guidance other than mine. You will know good points as well as
bad points. I asked: Will there be a bad time after this good one? He said: Yes. (A time will
come) when there will be people standing and inviting at the gates of Hell. Who so responds
to their call they will throw into the fire. I said: Messenger of Allah, describe them for us.
He said: All right. They will be a people having the same complexion as ours and speaking
our language. I said: Messenger of Allah, what do you suggest if I happen to live in that
time? He said: You should stick to the main body of the Muslims and their leader. I said: If
they have no (such thing as the) main body and have no leader? He said: Separate yourself
from all these factions, even if you have to eat the roots of trees (in a jungle) until death
comes to you and you are in this state.”).
76. ISLAMIC FIQH ENCYCLOPEDIA, supra note 8, at 284-87.
77. The majority of scholars suggest that consensus cannot be abrogated. I endorse
the renowned scholar Al-Qaradawi opinion in that if the collective legal opinion that consti-
tute a consensus was based upon an interest of custom that has been changed then the legal
opinion should be changed accordingly. See AL-QARADAWI, supra note 45, at 45-46.
78. AL-SHAWKANE, ERSHAD AL-FOHOOL 252.
Special] Toward Honest and Principled Islamic Law Scholarship 1589
source of Islamic law. For this reason, the majority of scholars who belong
to other schools of thought suggest the deniers of analogy can never be con-
sidered a qualified scholar who can issue a sound opinion.
6. Knowledge of the Objectives of Islamic Law
Islamic law’s objectives are the philosophical foundation of Islamic
law, including the reason for legislation and its rationales. Islamic law is
founded on the cardinal rule of commanding justice and forbidding evil.
The criteria of justice and evil are not based upon the whim of an individual
legislator; rather they are rooted in established Islamic law principles. The
cornerstone of Islamic jurisprudence is in procuring a real social benefit
recognized by Islamic law. To be precise, the aim is to avoid harm and to
gain a benefit. When an act produces benefit and harm (for example, con-
suming intoxicant) its permissibility should be measured against the Qur’an
and Sunna. If it passes this test, it still may not be allowed if the harm gen-
erated greatly outweighs the benefit.79
Individuals play a major role in promoting Islamic law objectives.
Citizens are required to enforce Islamic law objectives through the proper
channels.80 Citizens may initiate judicial proceedings, with some exceptions
in criminal proceedings, to enforce Islamic law even though a direct con-
nection between the harm sought to be avoided and the citizen complainer is
lacking.81 This is based on the notion that any harm to the Islamic state or to
a citizen of the Islamic state constitutes harm to every citizen because of
unity of social interests. If the purpose of law is to serve human interests
and to fulfill social objectives, then the responsibility of enforcing the law
rests primarily upon society.82 The governmental branches, judicial, legisla-
79. See The Holy Qur’an, Sura Al-Baqarah 2:219 (“They ask thee concerning wine
and gambling. Say: ‘In them is great sin, and some profit, for men; but the sin is greater than
the profit.’ They ask thee how much they are to spend; say: ‘What is beyond your needs.’
Thus doth Allah make clear to you His Signs: in order that ye may consider.”) (translated by
author).
80. See The Holy Qur’an, Sura Al-i-’imran 3:110 (“Ye are the best of Peoples,
evolved for mankind, enjoining what is right, forbidding what is wrong, and believing in
Allah. If only the People of the Book had Faith, it was best for them: among them are some
who have Faith, but most of them are perverted transgressors.”) (translated by author). Note
that describing Muslims as the nation sent to mankind is conditioned by enjoying what is
right, forbidding what is wrong and believing in God. This universal interpretation entails
the Islamic legislature to abide the standard of right and wrong even if it was against its own
interests.
81. Id. It follows that the requirement of standing, as required in American juris-
prudence, has no place in Islamic State.
82. The renowned scholar Al-Shatibi suggested that “[l]aw was established to serve
human interests in both this life and the next . . . .” AHMAD AL-RAYSUNI, IMAM AL-
SHATIBI’S THEORY OF HIGHER OBJECTIVES AND INTENTS OF ISLAMIC LAW 108 (Nancy Roberts
1590 Michigan State Law Review [Vol. 2006:1573
tive and executive, are merely the tools of achieving social interests. The
Islamic government cannot place any restrictions that preclude its citizens
from enforcing Islamic law through proper channels. Nor can it burden its
citizens by legislating laws unsupported by the Qur’an and Sunna.83
Enjoining justice and forbidding evil is a rather broad doctrine that re-
quires elaboration. Hence, Islamic law scholars further suggested that the
fundamentals of jurisprudence are based upon the universal objectives that
the Islamic legislature ought to protect and promote.
a. Necessities/Essentials
Necessities are the interests that mankind cannot relinquish under any
set of circumstances. Humanity, safety, prosperity, and welfare are contin-
gent upon the preservation and promotion of these interests. The five uni-
versal necessities are: protection of life, religion, progeny, intellect, and
property. The Qur’an and Sunna, provide injunctions and guidance needed
to protect and preserve these necessities.84 In this context, the Islamic legis-
lature has a dual role: to preserve and promote these interests by following
the commands listed in the basic sources and to enact new legislation con-
sistent with the basic sources of Islamic law to respond to infringements
against necessities.
i. Protection of Religion
According to al-Shatibi, protection of religion is threefold: submission
(Islam), faith, and Ihsan (goodness or perfection).85 It can be achieved by
invitation to the religion, combating those who fight it or who seek to cor-
rupt it, and by correcting any blemish in the practice of the religion.86 Apart
from the theological aspects of the al-Shatibi analysis, protection of religion
incorporates two basic premises: freedom of religion and resisting oppres-
sion, especially religious oppression.87 Freedom of religion for Muslims
trans., 2005) (quoting Allah al-Darraz). “The obligations entailed by the law are intended for
the purpose of fulfilling its objectives among human beings.” Id. (quoting Al-Shatibi).
83. See The Holy Qur’an, Sura Al-Ma’ida 5:6 (“Allah does not wish to place you in
a difficulty, but to make you clean, and to complete His favor to you, that ye may be grate-
ful.”) (translated by author); SHEIKH YUSUF AL-QARADAWI, STATE IN ISLAM 113 (1998). He
criticized regimes that unjustifiably forbade women education and election process. Id.
84. See The Holy Qur’an, Sura An-Nahl 16:89 (“We have sent down to thee a Book
explaining all things, a Guide, a Mercy, and Glad Tidings to Muslims.”) (translated by au-
thor).
85. AL-RAYSUNI, supra note 82, at 141.
86. Id.
87. See The Holy Qur’an, Sura Al-Baqarah 2:190-93 (“Fight in the cause of Allah
those who fight you, but do not transgress limits; for Allah loves not transgressors. And slay
them wherever ye catch them, and turn them out from where they have turned you out; for
Special] Toward Honest and Principled Islamic Law Scholarship 1591
connotes creating a healthy environment where Islam may flourish. Mus-
lims should be able to practice their religion freely without any interference
either from the government or from external entities.88 If external forces
attempt to interfere with the religious practices, by precluding one from
converting into Islam or by attempting to corrupt the faith, the Islamic state
may engage in a war to defend the faith and repel its enemies.89
Correspondingly, Islam guarantees freedom of religion for non-
Muslims residing in the Islamic territory.90 Non-Muslims may practice their
religion and their customary laws without restraints, for example: trade in
goods that are prohibited in Islam such as alcohol, so long as the transaction
occurred between non-Muslims; build places of worship; and, worship in
congregation or in private. Most interestingly, they may implement their
law of personal status even if it is at odds with Islamic law, which is a right
that was never given to Muslims in a non-Islamic state.91
tumult and oppression are worse than slaughter; but fight them not at the Sacred Mosque,
unless they [first] fight you there; but if they fight you, slay them. Such is the reward of
those who suppress faith. But if they cease, Allah is Oft-Forgiving, Most Merciful. And
fight them on until there is no more tumult or oppression, and there prevail justice and faith
in Allah; but if they cease, let there be no hostility except to those who practice oppression.”)
(emphasis added) (translated by author).
88. See, e.g., The Holy Qur’an, Sura An-Nisaa 4:59 (“O ye who believe! Obey
Allah, and obey the Messenger, and those charged with authority among you. If ye differ in
anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and
the Last Day: that is best, and most suitable for final determination.”) (emphasis added); The
Holy Qur’an, Sura Al-i-’Imran 3:103 (“And hold fast, all together, by the Rope which Allah
(stretches out for you), and be not divided among yourselves.”) (emphasis added) (translated
by author).
89. See The Holy Qur’an, Sura Al-Baqarah 2:190-93.
90. See The Holy Qur’an, Sura Al-Baqarah 2:256 (“Let there be no compulsion in
religion: Truth stands out clear from Error: whoever rejects Evil and believes in Allah hath
grasped the most trustworthy hand-hold that never breaks. And Allah heareth and knows all
things.”) (emphasis added); The Holy Qur’an, Sura Al- Ankaboot 29:46 (“And dispute ye
not with the People of the Book [Christians and Jews], except with means better [than mere
disputation], unless it be with those of them who inflict wrong [and injury]; but say, ‘We
believe in the Revelation which has come down to us and in that which came down to you;
our God and your God is One; and it is to Him we bow [in Islam].’”); see also The Holy
Qur’an, Sura Al-Mumtahana 60:8 (“Allah forbids you not, with regard to those who fight
you not for [your] Faith nor drive you out of your homes, from dealing kindly and justly with
them: for Allah loves those who are just.”) (translated by author).
91. It is ironic that many ignorant or biased writers in Western societies label Islam
as intolerant to other religions by invoking extreme interpretations of the Holy texts. Unde-
niably, Islamic history is free from inhuman practices such as inquisitions, persecutions,
witch hunts, and holocausts. For instance, the Islamic State protected Jews from Christians
and protected the Eastern Christians from the Roman Catholics. Jews especially enjoyed
more freedom of religion and freedom from persecution in the Islamic State than anywhere
else. Nowadays Muslims in non-Islamic states are subject to constant persecution. Hate
crimes against Muslims and vandalizing mosques in non-Islamic states is widespread. Free-
dom of speech is the shield that the Islamphobic use to promote hate speech legally. Mus-
1592 Michigan State Law Review [Vol. 2006:1573
ii. Protection of Intellect
Because the mind receives special attention in Islam, Islamic law’s in-
tellectual policy is to encourage knowledge and prohibit intellectual harm.
Islamic law prohibits mind-altering substances. The Qur’an explicitly pro-
hibits the use of alcohol.92 The Sunna explicitly prohibits other mind-
altering substances.93 However, implementing these injunctions represents
only one half of the Islamic legislature’s burden. Promoting knowledge by
providing education to every individual, whether male or female, and com-
bating illiteracy is an inescapable task. This proposition is neither novel nor
innovative to Islamic law, it is based upon a long list of directions stated in
the Qur’an. The First Qur’anic verse reveals a word that constitutes a
command: READ.94 Such a command is the imperative first step in gaining
knowledge. Islam elevates the statutes of reason and honors those who pos-
sess knowledge.95 Muslims should strive to gain knowledge.96 Muslims are
lims’ freedom of religion in the non-Islamic states is greatly undermined by governmental
practices: such as refusal to implement Islamic personal law for Muslims, even though this
right is guaranteed for non-Muslims in Islamic state; refusal to allow the Muslim call to
prayer on loud speakers, while church bells ring freely in the Muslim world; and refusal to
allow Muslim women to wear headscarves in public schools in France. Indeed, the list of
anti-Islamic prejudices is too long to be stated here and is beyond the scope of this Article.
92. See The Holy Qur’an, Sura Al-Maidah 5:90-91 (“O ye who believe! Intoxicants
and gambling, [dedication of] stones, and [divination by] arrows, are an abomination of
Satan’s handiwork: eschew such [abomination], that ye may prosper. Satan’s plan is [but] to
excite enmity and hatred between you, with intoxicants and gambling, and hinder you from
the remembrance of Allah, and from prayer: will ye not then abstain?”) (translated by au-
thor).
93. See Sunan Abu-Dawud, Bk. 26, No. 3678, available at
http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/abudawud/026.sat.html (last
visited July 22, 2007) (“Narrated Umm Salamah, Ummul Mu’Minin: The Apostle of Allah
(peace_be_upon_him) forbade every intoxicant and everything which produces languid-
ness.”).
94. See The Holy Qur’an, Sura Al-’Alaq 96:1 (“Read! In the name of thy Lord and
Cherisher, Who created . . . .”) (translated by author).
95. See The Holy Qur’an, Sura Az-Zumar 39:9 (“Say: Are those equal, those who
know and those who do not know?”) (emphasis added); The Holy Qur’an, Sura Fatir 35:28
(“Those truly fear Allah, among His Servants, who have knowledge: for Allah is Exalted in
Might, Oft-Forgiving.”) (emphasis added) (translated by author).
96. See The Holy Qur’an, Sura Ta-Ha 20:114 (“High above all is Allah, the King,
the Truth! be not in haste with the Qur’an before its revelation to thee is completed, but say,
“O my Lord! Advance me in knowledge.”) (emphasis added); The Holy Qur’an, Sura Al-
Baqarah 2:269 (“He [Allah/God] grants wisdom to whom He pleases; and he to whom wis-
dom is granted receives indeed a benefit overflowing; but none will grasp the Message but
men of understanding.”) (translated by author); see also Malik’s Muwatta’, Bk. 59, No.
59.1.1, available at http://www.usc.edu/dept/MSA/fundamentals/hadithsun-
nah/muwatta/059.mmt.html (last visited July 22, 2007) (“Yahya related to me from Malik
that he heard that Luqman al-Hakim made his will and counselled his son, saying, ‘My son!
Special] Toward Honest and Principled Islamic Law Scholarship 1593
ordered to think and learn not only their religion but all sciences.97 Those
who refuse to utilize the faculty of reasoning by thinking and learning are
blameworthy.98
The role of the Islamic legislature is perceptible: enacting legal injunc-
tions for mind-altering substances and guaranteeing educational opportuni-
ties for every citizen. The mind-altering substances injunctions apply only
to Muslims. Non-Muslims who reside permanently or temporarily in an
Islamic state may consume or trade in alcohol legally so long as a Muslim is
not a party in the transaction. Other mind-altering substances might be pro-
hibited for Muslims and non-Muslims alike. The second prong of the Is-
lamic legislature’s task is guaranteeing educational opportunities for all
residents of the Islamic state regardless of their religious beliefs, gender, or
otherwise. Again, promoting education cannot be overemphasized.
Unfortunately, in modern times some so-called Islamic regimes have
deprived females from education suggesting that female education is unlaw-
ful or un-Islamic.99 To be sure, those who take this position would fail to
produce any foundation in Islamic Jurisprudence, whatsoever, to support
their claim. Rather, it might be the whim of the tribal leaders or a tribal
custom, unjustifiably labeled Islamic.
iii. Protection of Progeny
The objective of protecting progeny ought to be construed broadly like
other objectives. The typical construction of this objective entails forbid-
ding acts that may cause harm to the progeny and encourages acts that pro-
mote the welfare of the progeny. Therefore, the institution of marriage is
promoted and all sexual misconduct, including rape and Zina (fornication or
adultery) is forbidden.100 Marriage is not only a fulfillment of natural im-
Sit with the learned men and keep close to them. Allah gives life to the hearts with the light
of wisdom as Allah gives life to the dead earth with the abundant rain of the sky.”).
97. See The Holy Qur’an, Sura Al-’Araf 7:185 (“Do they see nothing in the gov-
ernment of the heavens and the earth and all that Allah hath created? [Do they not see] that it
may well be that their term is nigh drawing to an end? In what Message after this will they
then believe?”); The Holy Qur’an, Sura Al-Gashiya 88:17-20 (“Do they not look at the Cam-
els, how they are created? And at the Sky, how it is raised high? And at the Mountains, how
they are fixed firm? And at the Earth, how it is spread out?”) (translated by author).
98. The Holy Qur’an, Sura Al-Anfal 8:22 (“For the worst of beasts in the sight of
Allah are the deaf and the dumb, those who understand not.”) (translated by author). In this
verse, the Qur’an described those who refuse to listen and see as “the worst of beasts.” Id.
99. See AL-QARADAWI, supra note 83, at 113. He criticized Taliban regime that
unjustifiably forbade women education and election process.
100. See The Holy Qur’an, Sura An-Nur 24-32-33 (“Marry those among you who are
single, or the virtuous ones among your slaves, male or female: if they are in poverty, Allah
will give them means out of His grace: for Allah encompasses all, and He knows all things.
Let those who find not the wherewithal for marriage keep themselves chaste, until Allah
1594 Michigan State Law Review [Vol. 2006:1573
pulses but also an essential element in preserving the human species by acts
of reproduction and childrearing. Indeed, parental legal obligations are
broader than those in a number of Western societies. Parents are required,
by law, to take care of their children financially, emotionally, intellectually,
and otherwise. Extramarital sexual relationships are prohibited. This might
be because it carries the serious risk of sexually transmitted diseases to the
actors as well as to the progeny. Also, extramarital affairs challenge the
institution of marriage which, in turn, leaves the children born out of wed-
lock not properly cared for.
Protection of progeny is not limited to encouraging marriage and for-
bidding extramarital sexual relationships, rather it includes any social, eco-
nomical, or health issues that infringe upon the progeny’s welfare. For in-
stance, a tax scheme that discourages couples from having children or a
health care system that fails to provide sufficient medical care to the chil-
dren may be deemed illegal under Islamic law. Similarly, genetically modi-
fied food or some types of medicines, if harmful to progeny or known to
cause impotence, ought to be banned under Islamic law. These are only a
few examples intended to show the reader the breadth of the protection of
the progeny objective.
iv. Protection of Wealth
Islamic law advances protection of wealth by several means. It pro-
motes equitable transactions. It also fashions a social welfare system to
protect wealth by establishing a guardianship system for those who are not
qualified to handle their wealth.101 On the other hand, it encourages indi-
viduals to actively seek their own sustenance and earn their livelihood as
opposed to relying on accumulated wealth or a social welfare system.
Moreover, Islamic law in general prohibits injustice, for example: depriving
orphans of their property, wastefulness, envy, giving short measure and
weight, acts or omissions infringing upon property rights, and non-equitable
gives them means out of His grace.”); The Holy Qur’an, Sura-Al-Israa 17:32 (“Nor come
nigh to Zina [fornication or adultery]: for it is a shameful [deed] and an evil, opening the
road [to other evils].”) (translated by author); see also AL-RAYSUNI, supra note 82, at 138.
101. See, e.g., The Holy Qur’an, Sura An-Nisaa 4:5-6 (“To those weak of understand-
ing make not over your property, which Allah hath made a means of support for you, but
feed and clothe them therewith, and speak to them words of kindness and justice. Make trial
of orphans until they reach the age of marriage; if then ye find sound judgment in them,
release their property to them; but consume it not wastefully, nor in haste against their grow-
ing up. If the guardian is well-off, let him claim no remuneration, but if he is poor, let him
have for himself what is just and reasonable. When ye release their property to them, take
witnesses in their presence: but all-sufficient is Allah in taking account.”) (translated by
author).
Special] Toward Honest and Principled Islamic Law Scholarship 1595
transactions such as Riba.102 It cannot be overemphasized that the protec-
tion of wealth objective must be construed broadly, as are the other Islamic
law objectives, when considering acts or transactions that are not addressed
102. See The Holy Qur’an, Sura Al-Baqarah 2:275-76 (“Those who devour usury will
not stand except as stands one whom the Evil One by his touch hath driven to madness. That
is because they say: ‘Trade is like usury,’ but Allah hath permitted trade and forbidden usury.
Those who after receiving direction from their Lord, desist, shall be pardoned for the past;
their case is for Allah [to judge]; but those who repeat [the offence] are Companions of the
Fire; they will abide therein [forever].”); The Holy Qur’an, Sura Al-Baqarah 2:278-79 (“O ye
who believe! Fear Allah, and give up what remains of your demand for usury, if ye are
indeed believers. If ye do it not, take notice of war from Allah and His Messenger: but if ye
turn back, ye shall have your capital sums; deal not unjustly, and ye shall not be dealt with
unjustly.”); The Holy Qur’an, Sura Al-Baqarah 2:282 (“O ye who believe! When ye deal
with each other, in transactions involving future obligations in a fixed period of time, reduce
them to writing let a scribe write down faithfully as between the parties; let not the scribe
refuse to write: as Allah has taught him, so let him write. Let him who incurs the liability
dictate, but let him fear his Lord Allah, and not diminish aught of what he owes. If the party
liable is mentally deficient, or weak or unable himself to dictate, let his guardian dictate
faithfully. And get two witnesses, out of your own men, and if there are not two men, then a
man and two women, such as ye choose, for witnesses, so that if one of them errs, the other
can remind her. The witnesses should not refuse when they are called on [for evidence].
Disdain not to reduce to writing [your contract] for a future period, whether it be small or
big: it is juster in the sight of Allah, more suitable as evidence, and more convenient to pre-
vent doubts among yourselves but if it be a transaction which ye carry out on the spot among
yourselves there is no blame on you if ye reduce it not to writing. But take witnesses when-
ever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do
[such harm], it would be wickedness in you. So fear Allah; for it is Allah that teaches you.
And Allah is well acquainted with all things.”); The Holy Qur’an, Sura An-Nisaa 4:29 (“O
ye who believe! Eat not up your property among yourselves in vanities: but let there be
amongst you traffic and trade by mutual good-will: nor kill [or destroy] yourselves: for verily
Allah hath been to you Most Merciful.”); see The Holy Qur’an, Sura Al-An’am 6:152 (“And
come not nigh to the orphan’s property, except to improve it, until he attains the age of full
strength; give measure and weight with [full] justice; no burden do We place on any soul, but
that which it can bear, whenever ye speak, speak justly, even if a near relative is concerned;
and fulfill the Covenant of Allah: thus doth He command you, that ye may remember.”); The
Holy Qur’an, Sura Ash-Shu’araa 26:182-84 (“Give just measure, and cause no loss [to others
by fraud]. And weigh with scales true and upright. And withhold not things justly due to
men, nor do evil in the land, working mischief. And fear Him Who created you and [Who
created] the generations before [you].”); The Holy Qur’an, Sura An-Nisaa 4:5-6 (“To those
weak of understanding make not over your property, which Allah hath made a means of
support for you, but feed and clothe them therewith, and speak to them words of kindness
and justice. Make trial of orphans until they reach the age of marriage; if then ye find sound
judgment in them, release their property to them; but consume it not wastefully, nor in haste
against their growing up. If the guardian is well-off, let him claim no remuneration, but if he
is poor, let him have for himself what is just and reasonable. When ye release their property
to them, take witnesses in their presence: but all-sufficient is Allah in taking account.”); The
Holy Qur’an, Sura Al-Maidah 5:38-39 (“As to the thief, male or female, cut off his or her
hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in
Power. Full of Wisdom. But if the thief repents after his crime, and amends his conduct,
Allah turns to him in forgiveness; for Allah is Oft-Forgiving, Most Merciful.”) (translated by
author).
1596 Michigan State Law Review [Vol. 2006:1573
explicitly in the Qur’an or Sunna.103 A credit scheme or scam-artists’ trans-
actions may be held illegal when depriving individuals from their property
inequitably. Socialists’ regimes that deprive individuals from their wealth
for no other purpose than to promote an ideology are also at odds with Is-
lamic law.
v. Protection of Life
Islamic law has made life sacred by guaranteeing the necessities of life
such as food and medicine and by prohibiting acts that are harmful to hu-
man life, including homicide, assault, endangerment of health by exposing
humans to harmful environment, consuming harmful products, et cetera.104
This objective can be achieved by several means including establishing an
efficient social welfare system that supports indigent individuals as well as
monitoring harmful effects on human health caused by food products, medi-
cine, and the environment.
The protection of life also extends to the penal policy to bar punish-
ments that infringe upon human life unjustly. For instance, the Muslims
Caliph (ruler) Omar Ibn Al-Khatab excused a slave from the punishment of
theft of food upon knowing that the slave master had failed to provide suffi-
cient food to the slave.105 He also suspended the punishment for theft in the
famine year.
The protection of life objective is so broad that it encompasses all
other objectives: progeny, wealth, religion, and intellect. For instance,
while the intoxicant prohibition falls under preservation of intellect, it falls
103. For instance, the explicit prohibition of usury in the Qur’an bars any scholarship
challenges to its validity.
104. See The Holy Qur’an, Sura Al-Maidah 5:32 (“On that account: We ordained for
the Children of Israel that if anyone slew a person—unless it be for murder or for spreading
mischief in the land—it would be as if he slew the whole people: and if any one saved a life,
it would be as if he saved the life of the whole people. Then although there came to them
Our Messengers with Clear Signs, Yet, even after that, many of them continued to commit
excesses in the land.”); The Holy Qur’an, Sura Al-Maidah 5:161 (“Say: ‘Come, I will re-
hearse what Allah hath [really] prohibited you from’: join not anything as equal with Him; be
good to your parents; kill not your children on a plea of want—We provide sustenance for
you and for them—come not nigh to shameful deeds, whether open or secret; take not life,
which Allah hath made sacred, except by way of justice and law: thus doth He command
you, that ye may learn wisdom.”) (translated by author).
105. Note that although Islam has tolerated slavery, all its teachings and prescriptions
lead to its abolition. During the short period in which slavery was practiced, Muslims were
instructed to treat slaves well and with dignity. The Prophet said: Your slaves are your
brethren; therefore whoever has a brother who depends upon him must feed and clothe him
in the way he feeds and clothes himself; and should not impose upon him tasks which exceed
his capacity; should you ask them to do such things, then you are obliged to help them. In
the long term, manumitting a slave has always been regarded as one of the most meritorious
of all acts. The Holy Qur’an even requires it as a means of expiation for serious faults.
Special] Toward Honest and Principled Islamic Law Scholarship 1597
more broadly within the protection of life.106 Similarly, while the prohibi-
tion of Zina (fornication or adultery) may fall under protection of progeny
or wealth (the socioeconomic impact of Zina), it falls more broadly under
protection of life.
It is worth noting that, when evaluating an interest as a basis for legis-
lation, one should realize that not every interest related to the objectives of
Islamic law is worth consideration.107 If the interest harms a number of in-
dividuals, Islamic law may sacrifice present interest to gain future interest.
In this context, the legislature must advance the most general, enduring ma-
jor interests.108 A group of individuals’ desires does not necessarily corre-
spond to the general interests protected in Islamic law. Rather, Islamic law
protects only the interest that corresponds to the general public interest.109
This will necessarily lead to discount special interest lobbyists’ pressure on
the Islamic legislature when considering legislative changes. Indeed, it has
become an international phenomenon that consecutive governments’ ide-
ologies shift law objectives dramatically from socialist to capitalist, from
environmentally friendly to environmentally hostile, and so on. Such shifts
are not a product of the democratic process by definition but rather the re-
sult of the special interest groups that influence the democratic process.
Islamic law bars the negative influence of the special interests groups by
scrutinizing their proposals using the five objectives mentioned above and
inquires whether such interests are the most general, enduring public inter-
ests. For instance, the pharmaceutical companies’ interests in increasing
medicine prices or maintaining intellectual property rights of new drugs
might be legitimate only if it satisfies the five legislative objectives and it
serves the general public interest, for example sustaining development of
new drugs and providing free medicine to the indigent population. On the
other hand, the pharmaceutical companies’ interest in gaining a substantial
profit at the expense of the general public with no clear social benefit might
be challenged by the Islamic legislature by decreasing the prices or depriv-
ing the companies of its intellectual property rights.
106. See The Holy Qur’an, Sura Al-Baqarah 2:219 (“They ask thee concerning wine
and gambling. Say: ‘In them is great sin, and some profit, for men; but the sin is greater than
the profit.’ They ask thee how much they are to spend; say: ‘What is beyond your needs.’
Thus doth Allah make clear to you His Signs: in order that ye may consider.”); The Holy
Qur’an, Sura Al-Maidah 5:90-91 (“O ye who believe! Intoxicants and gambling, [dedication
of] stones, and [divination by] arrows, are an abomination of Satan’s handiwork: eschew
such [abomination], that ye may prosper. Satan’s plan is [but] to excite enmity and hatred
between you, with intoxicants and gambling, and hinder you from the remembrance of Allah,
and from prayer: will ye not then abstain?”) (translated by author); see also AL-RAYSUNI,
supra note 82, at 138.
107. MOHAMMED ABU ZAHRA, AL-GARIMA 32 (1998).
108. Id. at 32.
109. Id. at 33-34.
1598 Michigan State Law Review [Vol. 2006:1573
b. Exigencies/Needs
Exigencies, or needs, are the interests that individuals require in order
to fulfill important requirements of their lives. When fulfilled, they contrib-
ute to relieving the hardship.110 However, their absence does not bring
about an end to life itself. Examples of these interests are specific Islamic
injunctions pertaining to commerce, marriage, and other forms of transac-
tions.111
c. Niceties/ Improvements
Niceties, or improvements, are less important than exigencies and es-
sentials. However, they contribute to their enhancement.112 They include
concerns such as commendable habits that shape human behavior, customs
and moral standards.113 The objectives of Islamic law stated above are an
ancillary guide to scholars when an explicit or implicit command is stated in
the Qur’an or Sunna. It neither provides justification to Islamic legislation
nor provides a moral and legal foundation to override explicit or implicit
commands stated in the Qur’an or Sunna. For Muslims with rational unmo-
tivated thinking, it is sufficient that a command mentioned in the essential
sources of Islamic law, the Qur’an and Sunna, have the requisite legitimacy
apart from its reasoning or objective.
7. Knowledge of Concurrent Circumstances
A scholar, before formulating an opinion, should consider not only the
knowledge of Islamic law sciences but also concurrent circumstances of the
subject in question. The circumstances include numerous factors such as
customs, cultural, political, economical, social, and psychological aspects of
an Islamic society. These factors differ according to the time and the geo-
graphical location of a given Islamic society. What may be deemed to be
correct in a specific era or in a given Islamic society is not necessarily cor-
rect perpetually. Consequently, a scholarly opinion may vary according to
the discrepancy in these factors. This explains the renowned scholar Al-
Shafee’s change of mind, with respect to a number of Islamic law matters,
when he migrated from Iraq to Egypt.
As a branch of knowledge of the concurrent circumstances, knowledge
of a science might be an indispensable requirement when examining various
legal issues. A scholar, when considering a legal issue relevant to a science
110. AL-RAYSUNI, supra note 82, at 109.
111. Id.
112. Id.
113. Id.
Special] Toward Honest and Principled Islamic Law Scholarship 1599
(for example, abortion or surrogate motherhood), ought to contemplate the
scientific facts underlying it. Lack of the requisite scientific knowledge
thereof will not only risk error in judgment but also undermine the process
of sound scholarship. It should be noted that knowledge of science is not
restricted to a limited number of sciences, rather to all branches of science,
so long as it bears some relevancy to the issue in question. Knowledge of
the mathematical process of a loan might be relevant when assessing
whether such a loan falls within the prohibited usury. Knowledge of a
modern method of execution that is attainable, for example lethal injection
that is swifter and less painful, would challenge the validity of execution by
the archaic methods, such as decapitation by the sword.114
It does not follow that a scholar should manipulate the scientific facts
and the circumstances to justify supporting a judgment which is at odds
with Islamic law, driven by a political agenda, and then abide himself to
political correctness when analyzing Islamic law application. Many parts of
Islamic law are not subject to changes such as basic human rights listed in
Islamic law, Hudud crimes, and basic marriage contract conditions.
Knowledge of the concurrent circumstances might not be considered a
condition to reach the rank of a scholar but rather a condition that makes the
scholarship right and does not contradict the facts of life and the objects of
Islamic law. Therefore, if a scholar intends to issue an opinion with a sci-
ence background, he should familiarize himself with the required science
otherwise the foundation of his decision is deficient.
8. The Scholar Must Be Muslim, Just, of Good Character, and Pious
Undoubtedly, one might claim that he is a qualified scholar relying
upon university degrees, academic position, or even the right of freedom of
speech. However, according to Islamic law, to consider the scholarship
acceptable and sound one ought to fulfill this condition as well as the seven
114. The famous Islamic law scholar Ibn Taymia suggests that executing capital
punishment must be by a sword or the like because it is the fastest and least painful method
of execution. The implication from this proposal is that if a modern method of execution
(e.g., lethal injection) is less painful and faster than the sword it should be allowed. See
TAKEE AL-DEEN IBN TAYMIA, AL-SAYSAY AL-SHARIA’ FE ESLAH AL-RAEE WA-AL-RAYA 86
(1966). This is especially true bearing in mind that the Prophet Mohammed ordered the
Muslims to be kind to all creatures even when slaughtering an animal for food. He said
“Verily Allah has enjoined ihsan [goodness or excellence/perfection] on everything; so when
you kill, kill in a good way and when you slaughter, slaughter in a good way. So every one
of you should sharpen his knife, and let the slaughtered animal die comfortably.” Sahih
Muslim, Bk. 21, No. 4810, available at http://www.usc.edu/dept/MSA/fundamentals/hadi-
thsunnah/muslim/021.smt.html (last visited July 22, 2007).
1600 Michigan State Law Review [Vol. 2006:1573
conditions above mentioned.115 Typically, claiming oneself to be a Muslim
and recognizing the basic creeds of Islam satisfies the faith portion.
The more difficult question is the satisfaction of the character portion
of the eighth condition. Since piety is an internal state of affairs, the gen-
eral, outwardly manifested character of the scholar suffices as a criterion.116
This condition is neither novel nor subject to doubt. One who is not a Mus-
lim ought not to intervene in Islamic faith including Islamic jurisprudence.
Naturally, non-Muslims and Muslims who refuse to abide by Islamic direc-
tives would challenge this condition. Their objection is discounted in the
face of the Islamic nation’s definitive census on the condition.117 Notably, a
Muslim who commits sins, no matter how serious, remains a Muslim so
long as he or she does not deny or reject the fundamentals of Islam (denying
the existence of Islamic law completely, denying the five pillars of Islam,
etc.).118 Once one or more of the fundamentals have been denied, a person
115. See 1 AL-NAWAWI, supra note 26, at 41; AL-QARADAWI, supra note 45, at 63;
see also AL-GHAZALI, supra note 29, at 350-54; 6 HAFIZ AL-DEEN AL-NASQI, supra note 17,
at 448.
116. See MUSNAD AHMAD, Hadith No. 11224 (“If you saw a man accustomed to
mosque make yourselves a witness that he is pious.”); see also The Holy Qur’an, Sura At-
Touba 9:18 (“The mosques of Allah shall be visited and maintained by such as believe in
Allah and the Last Day, establish regular prayers, and practice regular charity, and fear none
[at all] except Allah. It is they who are expected to be on true guidance.”) (translated by
author).
117. See The Holy Qur’an, Sura Al-i-Imran 3:118 (“O ye who believe! Take not into
your intimacy those outside your ranks: they will not fail to corrupt you. They only desire
your ruin: rank hatred has already appeared from their mouths: what their hearts conceal is
far worse. We have made plain to you the Signs, if ye have wisdom.”) (translated by author).
118. It is narrated on the authority of Yahya b. Ya’mur that the first man who dis-
cussed about Qadr (Divine Decree) in Basra was Ma’bad al-Juhani.
I along with Humaid b. ‘Abdur-Rahman Himyari set out for pilgrimage or for
‘Umrah and said: Should it so happen that we come into contact with one of the
Companions of the Messenger of Allah (peace be upon him) we shall ask him a
bout what is talked about Taqdir (Division Decree). Accidentally we came across
Abdullah ibn Umar Ibn al-Khatab, while he was entering the mosque. My compan-
ion and I surrounded him. One of us (stood) on his right and the other stood on his
left. I expected that my companion would authorize me to speak. I therefore said:
Abu Abdur Rahman! there have appeared some people in our land who recite the
Holy Qur’an and pursue knowledge. And then after talking about their affairs,
added: They [such people] claim that there is no such thing as Divine Decree and
events are not predestined. He (Abdullah Ibn Umar) said: When you happen to
meet such people tell them that I have nothing to do with them and they have noth-
ing to do with me. And verily they are in no way responsible for my (belief). Ab-
dullah Ibn Umar swore by Him (the Lord) (and said): If any one of them (who does
not believe in the Divine Decree) had with him gold equal to the bulk of (the
mountain) Uhud and then, it (in the way of Allah), Allah would not accept it unless
he affirmed his faith in Divine Decree. He further said: My father, Umar Ibn al-
Khatab, told me: One day we were sitting in the company of Allah’s Apostle
(peace be upon him) when there appeared before us a man dressed in pure white
Special] Toward Honest and Principled Islamic Law Scholarship 1601
loses the status of a Muslim and thereby abandons his right to engage in
Islamic law scholarship.119
Being pious, just, and of good character is equally important. The
Holy Qur’an has linked knowledge of Islam, including Islamic law, to pi-
ety.120 Scholarship presented by Fasiq121 is totally rejected under Islamic
clothes, his hair extraordinarily black. There were no signs of travel on him. None
amongst us recognized him. At last he sat with the Apostle (peace be upon him) He
knelt before him placed his palms on his thighs and said: Muhammad, inform me
about al-Islam. The Messenger of Allah [peace be upon him] said: Al-Islam im-
plies that you testify that there is no god but Allah and that Muhammad is the mes-
senger of Allah, and you establish prayer, pay Zakah, observe the fast of Ramadan,
and perform pilgrimage to the (House) if you are solvent enough (to bear the ex-
pense of) the journey. He [the inquirer] said: You have told the truth. He (Umar
Ibn al-Khatab) said: It amazed us that he would put the question and then he would
himself verify the truth. He [the inquirer] said: Inform me about Iman (faith). He
(the Holy Prophet) replied: That you affirm your faith in Allah, in His angels, in
His Books, in His Apostles, in the Day of Judgment, and you affirm your faith in
the Divine Decree about good and evil. He (the inquirer) said: You have told the
truth. He (the inquirer) again said: Inform me about al-Ihsan (performance of good
deeds). He (the Holy Prophet) said: That you worship Allah as if you are seeing
Him, for though you don’t see Him, He, verily, sees you. He (the enquirer) again
said: Inform me about the hour (of the Doom). He (the Holy Prophet) remarked:
One who is asked knows no more than the one who is inquiring (about it). He (the
inquirer) said: Tell me some of its indications. He (the Holy Prophet) said: That the
slave-girl will give birth to her mistress and master, which you will find bare-
footed, destitute goat-herds vying with one another in the construction of magnifi-
cent buildings. He (the narrator, Umar Ibn al-Khatab) said: Then he (the inquirer)
went on his way but I stayed with him [the Holy Prophet] for a long while. He
then, said to me: Umar, do you know who this inquirer was? I replied: Allah and
His Apostle know best. He (the Holy Prophet) remarked: He was Gabriel (the an-
gel). He came to you in order to instruct you in matters of religion.
Sahih Muslim, Bk. 1, No. 1, available at http://www.usc.edu/dept/
MSA/fundamentals/hadithsunnah/muslim/021.smt.html (last visited July 22, 2007); see also
SAHIH MUSLIM, 1 BE–SHARAH AL-NAWAWI (with Al-Nawawi interpretation) 134-36.
119. SAHIH MUSLIM, supra note 118, at 134-36.
120. See The Holy Qur’an, Sura Fatir 35:28 (“Those truly fear Allah, among His
Servants, who have knowledge: for Allah is Exalted in Might, Oft-Forgiving.”); The Holy
Qur’an, Sura Al-Baqarah 2:282 (“So fear Allah; for it is Allah that teaches you. And Allah is
well acquainted with all things.”) (translated by author).
Truthfulness is indispensable condition. See Sahih Al-Bukhari, Vol. 1, Bk. 3, No. 106, avail-
able at http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/003.sbt.html-
#001.003.106 (last visited Sept. 12, 2007) (Narrated ‘Ali: “The Prophet said, ‘Do not tell a
lie against me for whoever tells a lie against me (intentionally) then he will surely enter the
Hell-fire’”); see also The Holy Qur’an, Sura Al-i-Imarn 3:187 (“And remember Allah took a
Covenant from the People of the Book, to make it known and clear to mankind, and not to
hide it; but they threw it away behind their backs, and purchased with it some miserable
gain! and vile was the bargain they made!”); The Holy Qur’an, Sura Al-i-Imarn 3:199 (“And
there are, certainly, among the People of the Book, those who believe in Allah, in the revela-
tion to you, and in the revelation to them, bowing in humility to Allah: they will not sell the
Signs of Allah for a miserable gain! For them is a reward with their Lord, and Allah is swift
1602 Michigan State Law Review [Vol. 2006:1573
law.122 Two important reasons were offered to support this proposition: the
risk of error in scholarship is too high in contrast to obedient scholars and
Islamic scholarship is an undivided part of the religion of Islam; therefore,
the explicitly disobedient are unfit to issue an opinion. If such a person did
so, his scholarship should be discarded.123
Notably, it is permissible for the scholars who fail to fulfill the eight
conditions to transmit other scholarly reliable opinions by presenting evi-
dence of scholarly opinions honestly (for example, by reliable reference).
In this case the public may or may not take his opinions seriously.124
IV. SCHOLARSHIP CATEGORIES
The scholarship of Islamic law has always been subject to the ideal
democratic process. To be a recognized scholar, one need not have any
formal education, social status, or wealth. The depth of the Islamic scholar-
ship, reputation as a good moral and Islamic character, the noticeable
knowledge of the scholar, following the commonly approved methods of
interpretation, explicitly stating the scholarly opinion even if it contradicts
the ruling government’s ideologies and goals, were among the most impor-
tant factors to gain credibility and recognition from Islamic societies as
proper and acceptable scholarship. However, this was not the case with
every scholar. Scholars adopted various methodologies in interpreting Is-
lamic law especially when the lawgiver’s intentions are ambiguous. Al-
Shatibi mentioned three main categories of scholars.
The first groups are the literalists or Zahirites Scholars. They accept
only the explicit meaning of the sacred texts, in other words, the Qur’an and
Sunna, as a source of legislation. According to the Literalists, the objectives
and the rationale of the Qur’an and Sunna ought to be discarded com-
pletely.125
The second group is the overbroad analysts. This group holds the very
opposite views of the literalists. They either discard the apparent and clear
meaning of the text in favor of adhering to their dogmatic text objectives,
which are always contrary to the explicit meanings, or they draw an inde-
in account.”) (translated by author). These verses address those, including scholars, who
would engage in untruthful, manipulating scholarship intended for worldly gain such as
political agenda or wealth.
121. Fasiq means of corrupt moral characters, disobedient of important teaching of
Islam openly.
122. See 6 HAFIZ AL-DEEN AL-NASQI, supra note 17, at 442.
123. Id.
124. Id. at 446-47.
125. See AL-RAYSUNI, supra note 82, at 135.
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fensible extreme analogical deduction that they regard higher in rank than
the sacred text itself.126
The third group is that of the judicious scholars. The vast majority of
scholars follow this path by considering the implicit and explicit meaning of
any text; the rationale, reasoning, and the circumstances of its revelation;
and considering the primary and secondary objectives of the text.127 Obvi-
ously, judicious scholarship is the one commonly accepted, respected, and
demanded by Muslim societies.
Literalists and overbroad analysts might be either sincere in their
scholarship which may lead to limited recognition or no recognition at all,
in the worst scenario or insincerely or ill-motivated by political agendas,
financial gain, or otherwise. In this case, the obvious insincerity systemati-
cally leads to Islamic public condemnation and discarding any scholarship
presented by the tainted scholar. Those insincere scholars typically label
themselves as freedom fighters or human rights defenders or any other
glossy profile to promote their ideologies. Their work serves a dual pur-
pose: provoking Islamic societies by generating a feeling of hostility to-
wards Islam and deceiving non-Muslims in misrepresenting Islamic law and
practice.
The history of Islamic scholarship illustrates these principles. Tartars
in their conquest to dominate the world were faced by two types of scholars.
One type was represented by the renowned scholar, Al-`Izz Ibn `Abdus-
Salam, who had a leading role in fighting the tyranny of the Tartars. The
other type of scholar justified the Tartars’ actions no matter how inhumane
they were. This type has always been condemned and dishonored by Is-
lamic societies. Notably, the story of ill-motivated scholars is everlasting.
Since the birth of Islam, numerous self-acclaimed scholars have attempted
to deceive the Islamic world and non-Muslims by infusing so-called schol-
arship which is at odds with Islamic law direction. One of those is Abd Al-
Karim, who at the time of his execution confessed that he fabricated 4,000
Hadith and disseminated them throughout the Muslim world.128 Others may
not fabricate Hadith but rather twist the Qur’anic and Hadith meanings to
promote a particular agenda. These alleged scholars ultimately are recog-
nized by the Islamic world as a tool of the Islamphobic propaganda ma-
chine.129 However, they might be successful, to a limited degree, in non-
Islamic states relying upon the ignorance of non-Muslims of Islamic law.
126. See id.
127. See id.
128. WALI ULLAH, supra note 53, at 25.
129. See The Holy Qur’an, Sura An-Nisaa 4:145-46 (“The Hypocrites will be in the
lowest depths of the Fire; no helper wilt thou find for them. Except for those who repent,
mend [their life], hold fast to Allah, and purify their religion as in Allah’s sight; if so they
1604 Michigan State Law Review [Vol. 2006:1573
V. APPLICATIONS OF SCHOLARSHIP STANDARDS TO CONTEMPORARY
SETTINGS
Having discussed the prerequisites to valid Islamic scholarship, this
Article briefly returns to the dilemmas of contemporary Islamic scholars.
The first is the role of new methodologies in Islamic law scholarship. The
second is the role of junior Islamic law scholars.
A. New Scholarship’s Relevancy to the Established Schools of Thoughts’
Methodologies and Interpretation
A scholar may follow an independent approach that does not corre-
spond to the prominent schools of thought’s research methodology provid-
ing that he or she fulfills the eight conditions discussed in Part III.B.130 Al-
ternatively, a scholar might be influenced by a school of thought to varying
degrees. A scholar may incline favorably toward a particular school of
thought’s methodology, not as a blind follower, but rather believing that the
school of thought provides the best, most suitable methodology.131 Another
type of scholar restricts himself to one school of thought’s methodology but
remains independent in examining the supporting evidence of interpreta-
tion/adjudication of specific issue.132 This type may reach a different con-
clusion, with respect to a particular issue, than the one achieved by the
school of thought.133 Finally, a scholar may follow a school of thought both
in the research methodology and interpretation/adjudication.134 This type
may or may not be aware of the supporting evidence of interpreta-
tion/adjudication.135 This classification of scholars is useful to scholars,
especially juniors, to know the possible paths they may follow.
B. Junior Scholars’ Code of Conduct
The renowned Islamic philosopher and jurist Abi Hamid al-Ghazali
artfully had drawn the guidelines for junior scholars to pursue. These stan-
dards track closely to the basic requirements of Islamic law scholarship dis-
cussed in this Article. The following is the summary of the guidelines.
will be [numbered] with the Believers. And soon will Allah grant to the Believers a reward
of immense value.”) (translated by author).
130. See 1 AL-NAWAWI, supra note 26, at 75.
131. See id. at 76.
132. See id.
133. See id.
134. See id. at 77.
135. See id.
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A scholar must:
(1) Confine himself to the heights moral and ethical standard of Is-
lam.136
(2) Dedicate his/her life to Islamic law learning as opposed to devot-
ing his life to the temporal world affairs.137
(3) Circumvent the destructive ego of a number of scholars and avoid
conceit when receiving knowledge.138
(4) Especially in the beginners learning phase, avoid focusing on the
scholarly differences for its possible confusing effect.139
(5) Endeavor to acquire all sciences of Islamic law. In this regard, the
junior scholar ought not to learn all sciences simultaneously, but
rather he/she should follow the approved learning sequence of sci-
ences. He/she must start with the most important sciences then
proceed with the less important.140
136. The great Islamic philosopher Al-Ghazali described learning Islamic law as
heart worshipping. See AL-GHAZALI, supra note 38, at 78.
137. See id. at 80; The Holy Qur’an, Sura Al-Ahzab 33:4 (“Allah has not made for
any man two hearts in his [one] body.”) (translated by author).
138. See AL-GHAZALI, supra note 38, at 80; see also Sahih Muslim, Bk. 34, No.
6447, available at http://www.usc.edu/dept/MSA/fundamentals/hadithsun-
nah/muslim/034.smt.html (last visited July 22, 2007) (“A’isha reported Allah’s Messenger
(may peace be upon him) as saying: The most despicable amongst persons in the eye of
Allah is one who tries to fall into dispute with others (for nothing but only to display his
knowledge and power of argumentation).”).
139. See AL-GHAZALI, supra note 38, at 81-82; Sahih Muslim, Bk. 34, No. 6443,
available at http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/034.smt.html
(last visited July 22, 2007) (“‘Abdullah b. ‘Umar reported: I went to Allah’s Messenger (may
peace be upon him) in the morning and he heard the voice of two persons who had an argu-
mentation with each other about a verse. Allah’s Apostle (may peace be upon him) came to
us (and) the (signs) of anger could be seen on his face. He said: Verily, the (peoples) before
you were ruined because of their disputation in the Book.”).
Most importantly, the allegorical verses possible interpretation should be avoided by junior
scholars. The Holy Qur’an, Sura Al-i-Imran 3:7 (“A’isha reported that Allah’s Messenger
[may peace be upon him] recited [these verses of the Qur’an]: He it is Who revealed to thee
[Muhammad] the Book [the Qur’an] wherein there are clear revelations-these are the sub-
stance of the Book and others are allegorical [verses]. And as for those who have a yearning
for error they go after the allegorical verses seeking [to cause] dissension, by seeking to
explain them. And none knows their implications but Allah, and those who are sound in
knowledge say: We affirm our faith in everything which is from our Lord. It is only the
persons of understanding who really heed.”) (translated by author); Sahih Muslim, Bk. 34,
No. 6442, available at http://www.usc.edu/dept/MSA/fundamentals/hadithsu-
nnah/muslim/034.smt.html (last visited July 22, 2007) (“A’isha (further) reported that Al-
lah’s Messenger (May peace be upon him) said (in connection with these verses): When you
see such verses, avoid them, for it is they whom Allah has pointed out (in the mentioned
verses).”).
140. See AL-GHAZALI, supra note 38, at 82-84.
1606 Michigan State Law Review [Vol. 2006:1573
(6) Know why he is learning the sciences of Islamic law.141 It is a re-
ligious duty intended for its reward that does not include fame or
wealth.142 As much as the intention is pure from worldly gain is as
much he/she will gain knowledge.143
In sum, the code of conduct for young Islamic law scholars is very similar
to the standards that are expected of Islamic law scholars worldwide.
CONCLUSION
In the centuries past, foreign legal systems have been deemed irrele-
vant to our lives. Typical Americans, including policymakers, used to iso-
late themselves from foreign laws and civilizations by invoking their for-
eign origin and emphasizing the need to focus on domestic law. By the end
of twentieth century this view began to collapse due to a number of factors,
including global economy trends and the information transfer revolution.
What may occur in the Middle East or the Far East may affect ordinary citi-
zens economically, socially, or even emotionally. Islamic law as the oldest
continuing legal tradition that is implemented, in full or in part, in more than
fifty countries worldwide has affected our legal, political and economical
systems. For instance, financial institutions are required to deal with Is-
lamic financial systems either abroad or domestically. Islamic family law,
especially with respect to inheritance law, is widely practiced by Muslims in
the United States as well as in a number of Western nations. Policymakers
are very interested to learn about various aspects of Islamic law, including
Islamic international law, laws of war, and financial systems.
Long overdue sufficient writing on Islamic law is imperative in our
time to respond to these emerging needs. However, because of the rela-
tively new subject to our curriculum a guideline or “a blue print,” as unani-
mously suggested by Islamic law scholars throughout the centuries, is vital
to enlighten the path for scholars. In this Article, I have been elaborating
141. See SAHIH AL-BUKHARI, Hadith No. 2884 (“Mohammed said: ‘Whenever Allah
intends good for someone, he gives him knowledge/understanding in the religion.’”); see
also SHAMS AL-DEEN MOHAMMED IBN ABI AL-ABBAS, 1 NAHAYET AL-MOHTAG FE SHARAH
AL-MENHAG 38-40.
142. See Sahih Muslim, Bk. 4, No. 1779, available at http://www.usc.edu/
dept/MSA/fundamentals/hadithsunnah/muslim/004.smt.html (last visited July 22, 2007)
(“Abdullah bin Mas’ud, may Allah be pleased with him, reported: Allah’s Messenger (may
peace be upon him) said: There should be no envy but only in case of two persons: one hav-
ing been endowed with wealth and power to spend it in the cause of Truth, and (the other)
who has been endowed with wisdom which he uses for judging and teaches it (to others).”).
143. See The Holy Qur’an, Sura Al-Mujadila 58:11 (“Allah will raise up, to [suitable]
ranks [and degrees], those of you who believe and who have been granted Knowledge. And
Allah is well-acquainted with all ye do.”); The Holy Qur’an, Sura Al-i-Imarn 3:163 (“They
are in varying grades in the sight of Allah, and Allah sees well, all that they do.” (translated
by author).
Special] Toward Honest and Principled Islamic Law Scholarship 1607
the basic guidelines in the hopes that it may benefit scholars in the search
for honest and principled scholarship. Absent such guidelines, one ought to
expect bias or defected scholarship that may mislead Western readers and
provoke the Islamic world as an attempt to corrupt the most precious value
they have—their religion.