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  • !F T"/ I"5l II - " T T. T": Ot SLN

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    Suhaimi Al Diwani
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    Shafi'i, an influential early Islamic scholar, argued that while divine revelation through the Quran and hadiths established the fundamental principles of Islamic law, human reason has a role in developing legal rules for situations not directly addressed in sacred texts through analogy. However, reason could not be used independently and must be subordinate to divine principles. This view became the classical framework for Islamic legal theory, where law is derived from sacred sources or through logical deduction of principles within them. In difficult cases where strict analogy could cause injustice, a more flexible approach called istihsan was allowed to seek the most equitable solution, as long as it did not contradict revelation. The document then proposes using inheritance law as a case study to illustrate how

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    Shafi'i, an influential early Islamic scholar, argued that while divine revelation through the Quran and hadiths established the fundamental principles of Islamic law, human reason has a role in developing legal rules for situations not directly addressed in sacred texts through analogy. However, reason could not be used independently and must be subordinate to divine principles. This view became the classical framework for Islamic legal theory, where law is derived from sacred sources or through logical deduction of principles within them. In difficult cases where strict analogy could cause injustice, a more flexible approach called istihsan was allowed to seek the most equitable solution, as long as it did not contradict revelation. The document then proposes using inheritance law as a case study to illustrate how

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    © All Rights Reserved
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    28 views1 page

    !F T"/ I"5l II - " T T. T": Ot SLN

    Uploaded by

    Suhaimi Al Diwani
    Shafi'i, an influential early Islamic scholar, argued that while divine revelation through the Quran and hadiths established the fundamental principles of Islamic law, human reason has a role in developing legal rules for situations not directly addressed in sacred texts through analogy. However, reason could not be used independently and must be subordinate to divine principles. This view became the classical framework for Islamic legal theory, where law is derived from sacred sources or through logical deduction of principles within them. In difficult cases where strict analogy could cause injustice, a more flexible approach called istihsan was allowed to seek the most equitable solution, as long as it did not contradict revelation. The document then proposes using inheritance law as a case study to illustrate how

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    of 1

    :'

    ITEYEIJTION AND

    RE.ASON

    in the early years of the ninth century !f t"\ i"5l


    i"hl"".ment which gained for higr the title
    Shi.fi-r,
    "o
    of l{uslim iurisprudence'- On the one
    of the'fatber

    U"a SUati ltood foursquare behind the principle of


    tbe divinely inspired $+tu of the hophet T T*:,13
    t]De
    in the totttn. On tbe o&er hand be acknowknggd
    ,"""*tity for human reason to provide legal rules for
    situations Dot exPr6$ly or speci$catly regulated by di

    vine'revehtion. But thl ,*n, he argued, could not be


    in the form of ra'y-Rezson could not operate es a source
    of l"*, independJnt of the divine will, to :rclricve what'
    ever ends ot p,rtpo* au individual jurist thought

    desirabie.Thiswouldbetorecognizeahumalrlegisla.
    tive sutlroritv along wit} the divine' Tlre uhimate goals
    and purgrrses of hirnan txhavior had been laid down
    tle
    bv eiEli, and were desirable and right not because
    h'u"ra" rntille.t could assess them to be such, but simolv because Aileh had so ordained' The role of human
    L;; ;*t, tlterefore, be entirelv sdbordinate to the
    principles estabijshe{i,by divine revelation' I ts function
    to tlel
    '*,r, ,Lrplylto regubtl new cases by
    "pply'lg
    tf." prioi'pio ufo" which the divine revelation had
    )oorrn as reasonjng Ly "ttalogy, bt qiqAs' Since the
    process nrust find its starting point in an accepted m-aniiestation of tlre divine ,r'ill, h.'*'n reason was harto tbe impldmentation and developme,t'of t]re
    ;;
    divir:e law ind could Dot oPerate independently of it'
    Shi-fi?s tLesis became the basis of the classical erpositbn of Islamic legal theoqy' From tle tenth century
    .'#f,bqliiirisd:consco*trs wes that e rub of law
    from the Qur'an or the sunrul or
    #.$t#'attiuud

    "ith*,

    iuvElJTlON At{O

    |(t:AsoN

    by rqatogical deduction tbere{rom.. But by way of a


    pcctscrrpq cl^.sical
    l.g"l th-fy neco{n;-ed itla, ii *-"
    ceses-saibt anal%fu| re"&ning ,+ight entail injustice
    lnd that it was then permissib[ t ;rr. a rx)re 'libcrat
    forrn of rcarcning.
    ,Lttho-ugh this ixrrre close to b"iog
    thing as the
    *T"
    ra'y of lhe ancientg it was now
    t.
    dr:ss:d .up iD more rcphisticated tenninology and

    called y-rhqre (-seeking the most equitable solJiion-),


    best solution for the general
    interef-)..But this was rx) longer regarded,.in "theon,.
    as gtvmg numan rqsorl rcvereign play. -Equity- and
    .,ll3.p"?t*. interest- were now sln as the pu.pore of
    Allih
    whicl,@rispruderrc.e
    to inrplcmeht in the absence of any rugtr,_s&gngindicatio; in
    the Qur'inor the sunrut.In sum, th"r.E*,Ilr" classic.:rl
    legal theory expresses to perfectionrthe noUoo cf,Iaw as
    the comprehersive and preordained system of .;God.s
    comsran&.
    To illustrate rthe,interaction of thU tryo elements of
    divine revelition and human reason and the operation
    of the yarious juristic principles and methods of ,.*o.,ing which I have now briefly outlined, I propose to.consider- one problem in some depth rathir than several
    problems in what would necessarily be a superficiat
    mauner. Thc problenr chosen is one of inheritarice, :.ncl
    it is particularly appropriate for two reasoru.
    First" there is no topic in Islamic law of more prG
    nounc.edly individual characteristics than that of iuccession. The meticulous preciSion with which th6,priorities of the different legal heirs ari determi@,.ani tbe
    quanhrm of their entitlement de6ncd, is regarded generally by I{uslim scholars as the zeni*i of
    ;uJsuc

    or islglili (-seeking the

    Lffi

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