Wednesday, March 9, 2011

AUTHORITY AND THE LIBERAL FACE OF ISLAMIC LAW

MUHAMMAD AL-gHAZALI (ad 1917-2000) MAY BE SEEN AS ONE OF THE RECENT POST-QUTB PIONEERS WHO HAVE ATTEMPTED TO PRESENT AN INDEPENDENT AND MORE LIBERAL 'ISLAMIC SOLUTION' THAN THAT OBSERVED IN THE WRITINGS OF THE MUSLIM BOTHERS.  HE WAS IN CLEAR DISAGREEMENT WITH THE RADICAL TRADITIOJNALIST SAUDI UNDERSTANDING OF ISLAM.  HE MAY ALSO BE SEEN AS A CONTINUATION OF THE EARLIER LIBERAL SCHOLARS SUCH AS JAMAL AL-DIN AL-AFGHANI (1838-97) AND MUHAMMAD ABDU (1849-1905).

MUHAMMAD AL-GHAZALI WROTE PROLIFICALLY ON A VARIETY OF ASPECTS AND RELATED LEGISLATIVE ISSUES.  HOWEVER, AL SUNNA AL-NABAWIYYA BAYNA AHL AL-FIQH WA AHL ALHADITH IS A WORK THAT REPRESENTS AN ENLIGHTENING SUMMARY OF HIS INDEPENDENT AND NON-POLITICALLY ORIENTATED THOUGHTS AND IDEAS.  HIS MAIN CRITICISM OF ISLAMIC RATIONALISATION, PARTICULARLY DURING THE LAST FEW CENTURIES.  HE MAINATINAS THAT THE PREVELANCE OF WEAK HADITH AND PROBLMATIC SECTS HAS RESULTED IN STAGNATION AND PREJUDICE.  TO HIM, SECTARIAN FANATICISM IS AN INDICATION OF IGNORANCE THAT HAS LED SOME SHORT-SIGHTED SCHOLARS TO STATE THAT MALIK LACKED FULL COMPREHENSION OF MANY ASPECTS OF LAW, INCLUDING THE IMPORTANCE OF BASMALA AND NOT PERFECTING THE ENDING OF PRAYER.  LIKEWISE, GHAZALI REUTES THE OPINIONS OF THOSE WHO ACCUSE ABU HANIFA OF FAILING TO MAKE ABLUTION BECAUSE HE JUJSTIFIED THE ACTION OF PRAYER AFTER TOUCHING A WOMAN.  GHAZALI REITERATES THAT SUCH CLAIMS ARE BORN OUT OF IGNORANCE AND SUGGESTS THAT THEONLY WAY TO ERACICATE A ONE-TRACKED LEGAL MANTALITY IS TO IMPLEMENT A STRINGENT EDUCATIVE POLICY THAT AIMS TO ENERATE A TOTAL UNDERSTANDING OF ISLAMIC LAW.  IT SHOULD REFUTE THE VALIDITY OF MERELY RESORTING TO NOMADIC LAW, AND SUPERSEDES THE SIMPLISTIC AND SUPERFICIAL COJMPREHENSION OF CREED.