Tajdeed

Is Islamic Law arbitrary, random or are the Divine laws decreed with purpose of Maslaha (greater well-being)? Views of the Ash’arites, Mu’tazila & al-Razi

Fakhr al-Din al-Razi mentions, “Our companions (the Ash’arites) maintain that God, Glorious and Exalted is He, performs no action with an objective (li gharar), for if this were the case, it would mean that He sought completion through the fulfilment of said objective, and whoever seeks completion through something other than himself is incomplete in himself, which is unthinkable of God Almighty.”

However, al-Razi mentions the Qur’anic verse:

“My Grace overspreads everything” (Qur’an, 7:156). However, if He legislated that which is not for human beings’ benefit, this would not be an expression of mercy or grace. These six points, then, serve to show that God Almighty has laid down the precepts of the Law for no purpose other than to serve human beings’ interests.

It is universally agreed upon among Muslims that God is All Wise, and that the All-Wise would never perform any action which was not for the sake of some benefit. Indeed, anyone who acts without regard for what will bring benefit is foolish, and foolishness – based on the written texts of the Qur’an and the Sunnah, the consensus of the Muslim community and the testimony of sound reason – would be impossible for God Almighty. It is thus clear that God Almighty established the precepts of Islamic Law for the benefit of human beings.

Five: 91 The texts [from the Qur’an and the Sunnah] which serve as evidence that the objective of the Law is to achieve benefit for human beings and to protect them from harm include the following: “And [thus, O Prophet,] We have sent thee as [an evidence of Our] Grace towards all the worlds” (21:107); “He it is who has created for you all that is on earth…” (2:29); “And He has made subservient to you, [as a gift] from Himself, all that is in the heavens and on earth: in this, behold, there are messages indeed for people who think!” (45:13); and “[He] has laid no hardship on you in [anything that pertains to] religion” (22:78). Similarly, the Messenger of God declared, “I have been sent with the true, moderate, tolerant [religion],” and, “[The believer] causes no harm either to himself or to others.”

God has described Himself as All-Merciful and Gracious, saying, “My Grace overspreads everything” (Qur’an, 7:156). However, if He legislated that which is not for human beings’ benefit, this would not be an expression of mercy or grace. These six points, then, serve to show that God Almighty has laid down the precepts of the Law for no purpose other than to serve human beings’ interests.92

Reference: Imam al-Shatibi’s Theory of the Higher Objectives and Intents of Islamic Law Dr. Ahmad al-Raysuni – P.198-202

It is apparent that the leaning of al-Razi in the matter of legislation, purpose and the cause of legislation (‘illa) is more in line with the rationalist views of the Mu’tazila, the Zaydis & the philosophers. In fact, Dr al-Raysuni mentions this analysis in this book of Maqasid.

The view of the Mu’tazilites, the philosophers & the Zaydis seems to be more coherent and more strongly grounded than that of the Ash’arites & the Dhahirtes. As seen, this is seen from the Naqli evidences presented by the Qur’an and it is also logically and rationally established as well.

1. God having aims and purposes when creating is not a limitation upon him because God is not creating, or legislating based on need or limitation.

• 2. If God creates or legislates without aim or purpose, this would be a limitation upon His Divine attributes of Wisdom & Knowledge. Is killing, lying, stealing and polytheism wrong arbitrarily or are they made forbidden because they are inherently wrong?

• 3. God creates and legislates based on wisdom, goodness and well-being because God is fully aware of the benefit & harm of everything He has created. Benefit is inherently good & harm s inherently evil. God intends well-being and benefit for His creation, so He creates & legislates for their well-being.

Thus, the Shari’a (Islamic law) is based on maslaha (well-being) and God legislates with reason, not without reason.

By Abul Hasan al-Gabikani al-Shadi al-Shaddadi al-Hadhabani -al-Kurdi