The Flexibility of The Islamic Laws
The second point, to be made clear, is that the Muslim thinkers believe that Islam has certain potentialities which have made it applicable to all times. According to these thinkers, Islamic teachings are in harmony with the progress of time, the expansion of culture and the resulting changes. Let us see what is the nature of the potentialities which Islam has. In other words, let us see what devices have been put into the structure of this religion, and whether they have given it the characteristic of being in harmony with all the changing situations, without there being any need of dropping any of its teachings and without any conflict taking place between its teachings and any situation arising out of the expansion of knowledge and civilization.
Although this question has a technical aspect, in order to remove the misunderstanding of those who doubt that Islam has any such characteristic, we briefly deal with it here. For further discussion of the subject, the readers may refer to “Tanbihul Ummah” by the late Ayatullah Naini, or to “Marjaiyyat wa Imamat” by the great contemporary scholar, Allamah Tabatabai. Both the books are, however in Persian. There are many points, which form the secret of Islam being in harmony with the expansion of knowledge and civilization, and the applicability of its firm and stable laws to the varying circumstances of life. We mention here only a few of them.
Emphasis on Spirit And Indifference to Form
Islam has not dealt only with the external form of life, which depends upon the degree of the development of human knowledge. Islamic teachings are concerned also with the spirit and the goals of life, and determine the best way to reach these goals. Science has neither changed the spirit and the goals of life, nor has it suggested any better, shorter and safer route to reach them. It has only provided better means and facilities to traverse the way to those goals.
Islam, by keeping only goals within its domain and leaving the form and means to the domain of science and technology, has avoided any clash with culture and civilization. Not only that, but by encouraging the factors helping the expansion of civilization, namely, knowledge, labor, piety, will, courage and perseverance, it has undertaken the role of the main factor working for the cause of the expansion of civilization.
Islam has set up traffic signposts all along the route of human progress. They, on the one hand, indicate the route and the destination, and, on the other, warn against pitfalls and dangerous spots. All Islamic laws are posts, either of the first kind or of the second. The means of life in every age depend on the degree of the sum total of human knowledge. As human knowledge expands, more perfect means of life come into existence, and automatically take the place of the imperfect ones. The external and material forms of these means have no sanctity in Islam, and the Muslims are not bound to preserve them forever.
Islam has not said that such and such tools are to be used for the purpose of tailoring, weaving, cultivation, transport, war or any other jobs. Hence, there can be no question of any conflict between science and Islam, in case any tools or implements become obsolete. Islam has not prescribed any particular design of shoes or dress, nor has it suggested any particular style of construction for buildings. Similarly, it does not insist on any particular methods of production and distribution. This is one of those aspects of Islam, which have facilitated its applicability to all the developments of time.
Stable Laws for Stable Requirements And Varying Laws for Varying Requirements
Another characteristic of Islam, which is of great importance, is that it has envisaged stable laws for the stable human requirements and varying laws for the varying requirements. A part of the human requirements, both individual and collective, is of a permanent nature. They do not undergo any change with the change of time. The principles of the systems regulating human instincts and social relations always remain uniform. We are aware of the theories of the “Relativity of Morals” and the “Relativity of Justice” which have their supporters, and would express our views with regard to them, later. Another part of the human requirement is of a varying nature and this demands varying laws. Islam has visualized such requirements, and has linked them with certain principles which have subordinate laws for every changed situation. To elucidate this point, I give a few examples:
Islam has laid down a social principle which has been stated in the Qur’an thus: Provide force against them (the enemies) to the utmost possible extent. (1) At the same time, a number of traditions of the Holy Prophet handed down to us, are mentioned in the books of Islamic law under the heading ‘Horsemanship and Archery’. The Prophet directed that the Muslims should learn the arts of horsemanship and archery and teach them to their children. These arts were a part of military science in the ancient days. It is quite obvious that the basic order is ‘to provide force’. Bow and arrow, sword and lance and mule and horse are not important. What is important is to be militarily powerful against the enemy. To acquire skill in horsemanship and archery is only a form of acquiring military strength, or a way of implementing the basic order. To provide strength is a standing law that has sprung from a permanent need.
However, the necessity of acquiring skill in horsemanship and archery is a temporary requirement, which varies with the change of time. With the changed circumstances, skill in firearms etc. has taken the place of skill in archery. Another example is the social principle concerning the exchange of wealth, mentioned in the Qur’an. Islam has recognized the principle of individual ownership. However, the ownership as recognized by it is different from that found in the capitalist world. A characteristic of the individual ownership in Islam is the principle of exchange. In this connection, Islam has laid down certain rules. One of them has been enunciated by the Holy Qur’an in these words “And do not consume each other’s wealth in vain”. (2)
In other words, in the case of business transactions, money must not pass from one hand to another, except in exchange for some lawful return that has a recognized value. Islam does not admit that ownership is equivalent to absolute authority. It is specified in the Islamic law that the sale and purchase of certain things is forbidden. Such things include blood and human excreta. The reason is that these things do not have such a value that they should be considered to be a part of human wealth. The underlying principle is the same as contained in the above quoted verse. The invalidity of the sale and the purchase of blood and human excreta is only an instance of the application of that principle. Even where no exchange is involved, money or property belonging to someone else cannot be appropriated and disposed of gratuitously.
The law forbidding the appropriation of another’s property gratuitously is a firm principle that is applicable to all time, and has emerged from a permanent social need. But, the rule that blood and excreta are not to be regarded as wealth and are not saleable is related to time and the degree of civilization. This rule is subject to modification with the change of conditions, the progress of science and industry, and the possibility of the correct and useful utilization of these items. Another example: Imam Ali (PBUH) never dyed his hair, though it had become grey during the last years of his life. One day a man said to him: “Didn’t the Prophet order grey hair to be covered with dye?” ‘Yes, he did”, Imam Ali replied. “Then why don’t you dye your hair?” the man asked. Imam Ali said “At the time the Prophet gave that instruction the number of the Muslims was small, and there were many aged people who used to take part in the battles. The Prophet ordered them to dye their hair to conceal their real age, for if the enemy could see that he was faced with only a bunch of old men, his morale might have been raised. With the spread of Islam to the whole world, that situation has changed. Now everybody is free to dye, or not to dye, his hair”.
In the opinion of Imam Ali, the Prophet’s instruction was not a basic and permanent law. It was only a way of implementing that law, which says that we should not do anything that might raise the morale of the enemy. Islam attaches importance to the external appearance, as well as to the inner spirit. But, it wants the husk only for the sake of the kernel, and the garb only for the sake of the body.
The Question of The Change of Script
Recently in Iran, there has been a controversy about the change of script. This question can be considered from two angles from the point of view of the Islamic principles, and in two forms. The first is whether Islam favors any particular alphabet and discriminates against others. Does it regard the present alphabet, known as Arabic, as its own and others such as Latin as alien? Islam which is a universal religion considers all the alphabets of the world as equal.
The second form of the question is how far the change of script will lead to the cultural merger of a Muslim nation with the other peoples, and what effects will it produce on the culture of this nation? After all, during the past 14 centuries, the Islamic and scientific literature produced by Iran has been recorded in the present script. With the change of script, will not all connections with this literature be severed? Another question is: “Who are the people who propose this change, and who will be the people who are going to implement it?” All these questions are relevant.
Dependence on others is forbidden
People like me are often faced with such questions, asked contemptuously and sarcastically. “What does Islamic law say about eating food while standing?’ “What about eating food with a spoon and a fork?” “Is the wearing of the European hat forbidden?” “Is the use of a foreign language forbidden?” Answering such questions, we say: Islam has not given any particular instructions in this respect. Islam has not directed its followers to eat food with the hand or with a spoon. It has directed them only to observe cleanliness. Islam has not prescribed any particular design of shoes, cap or dress. From the Islamic point of view, the English, Japanese and Persian (languages) all have just the same status.
However, Islam has said something else also. It has said that to lose one’s identity is forbidden. To be over-awed needlessly by others is forbidden. Mimicry is forbidden. To be merged with others is forbidden. To be charmed by others, as a hare is charmed by a snake, is forbidden. To consider an alien dead donkey to be a mule is forbidden. To import their perversion and immorality, in the name of a phenomenon of the 20th century, is forbidden. To believe that the Muslims should be westernized internally and externally, physically and spiritually, is forbidden. To go to a Western country for a few days and on returning, to start pronouncing our own words in their way is forbidden.
Important And More Important
Another aspect of Islam which makes it compatible with the requirements of the time is the conformity of its teachings to reason. Islam has proclaimed that its laws are based on considerations of higher interest. At the same time, Islam itself has given out the degree of importance of these interests. This facilitates the work of the experts of the Islamic law in those fields where various interests appear to be in contrast with each other. In such cases, Islam has allowed the experts of Islamic law to weigh the relative importance of the various interests, and keeping in view the guidance which Islam itself has provided, to determine the more important interests. In Islamic jurisprudence, this rule is called the question as ‘important and more important’. There are many instances where this rule of high and higher interests has been applied. Anyhow, for lack of space we skip over them.
The Laws Which Have a right of Veto
Another aspect of Islam, which has given this religion the characteristic of mobility and applicability to varying circumstances, and has kept it as a living and everlasting religion, is that within it there exists a body of laws whose object is to control and modify other laws. They are called by the jurists, ‘the governing rules’. The rule of “No harm” and “No loss”, that a law will not apply to those cases in which it may cause hardship or harm the interests of an innocent person, pervades the entire legal system. The object of such rules is to control and modify other laws. In fact, Islam has given a veto power to these rules which change other rules.
Powers of The Ruler
In addition, there is a further series of checks and balances, which has given this religion the characteristic of finality. Ayatullah Na’ini and Allama Tabatabai have, in this respect, mostly relied on the powers delegated by Islam to the righteous Islamic Government.
The Principle of Ijtihad
The Pakistani poet and philosopher, Iqbal, says that Ijtihad (the deducing of laws from their original sources) is the motivating force of Islam. He is right in saying so. But what is more important is that Islam has a special quality of being amenable to Ijtihad. No other religion possesses this quality in the same manner. The internal structure of Islam has been so designed that, with the aid of Ijtihad, it can always cope with the ever-changing pattern of the requirements of life.
Abu Ali Sina (Avicenna) in his book, Al-Shifa, has based the need of Ijtihad on this very principle of ever-changing requirements. He says that conditions of life change constantly. New problems frequently crop up, but the fundamentals of Islam are constant and unalterable. Hence, in these circumstances, there should be some people who, with their full knowledge of all the points of law and precepts, may be able to answer all the questions which may arise from time to time, and thus meet the needs of the people.
The constitution of Iran provides that a body consisting of not less than five Mujtahids (eminent scholars of theology, capable of practicing Ijtihad) should keep a watch on the laws enacted by the State from time to time. The idea is that such people, as are neither rigid and opposed to the modern developments, nor uninformed, blindly following others, should keep a watch on the legislative activity of the country.
It is worth mentioning that Ijtihad in the real sense means specializations and requires a deep insight into the fundamentals of Islam and a thorough knowledge of the principles of Islamic jurisprudence, which naturally cannot be claimed by everyone who might have passed some time in an Islamic academy. No doubt, it is a lifetime job to specialize in the principles and precepts of Islam, and it requires Divine help besides a taste, a talent and a special aptitude. Apart from specialization and Ijtihad, some people may acquire knowledge to the extent that their views may be regarded as authoritative. Such people must be pious and God-fearing to the utmost extent possible.
The history of Islam mentions those people who, despite their vast knowledge and high morals, were cautious and fearful when they expressed their opinions, on points of law. It is worth mentioning that Ijtihad in the real sense means specializations and requires a deep insight into the fundamentals of Islam and a thorough knowledge of the principles of Islamic jurisprudence, which naturally cannot be claimed by everyone who might have passed some time in an Islamic academy.
No doubt, it is a lifetime job to specialize in the principles and precepts of Islam, and it requires Divine help besides a taste, a talent and a special aptitude. Apart from specialization and Ijtihad, some people may acquire knowledge to the extent that their views may be regarded as authoritative. Such people must be pious and God-fearing to the utmost extent possible. The history of Islam mentions those people who, despite their vast knowledge and high morals, were cautious and fearful when they expressed their opinions, on points of law.
Extracted from the Book: “the Rights of Women in Islam” By: Martyred Morteza Motahhari
NOTES:
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1. The Quran (8:60)
2. The Quran (2:188)
