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i.hasan's avatar

As salaamu alaykum

This was a generous read that I hope to return to. I'm both thrilled and relieved to know of your less-than-favorable reception in the UAE.

I share some reservations about your rhetoric that are similar to Abu Ibrahim's. Granted, I think that your last three paragraphs leave room for assuming good faith against some of his arguments.

Your description of the Shari'ah as "flexible" and interpretable by the Fuqaha beckons further clarification. With respects to flexibility, in what way? About interpretation, to what extent? And who is qualified to do so today?

Much to the benefit of the layman writing this comment, I'd like for you to consider whether these words carry the sort of connotations that don't undermine your ultimate appeal away from modernity and liberalism.

I also want to commend you for your comprehensive explanation of Wahdatul Wujud. I reckon that a more detailed review of it is warranted in light of the contentious history surrounding the concept.

Overall the pairing of the internal and external sciences is a solid way to position this piece, but it places a boulder's load of responsibility on the reader. I'm grateful that the topics here weren't entirely foreign to me, but I can see how these things can be new to someone else.

Even though the core issue (Traditional Islamic governance versus modernist revisioning) is a familiar one weaving allusions to the inseparability of Tasawwuf from the Shari'ah was ambitious to say the least.

I'll speak for myself and also speculate in confidence that your audience here are not your peers. We are more like pupils. Solicitous pupils. Strongly consider Abu Ibrahim's arguments and take them as an indication of this. He posed an interesting challenge to this piece.

Also, if you find it belaboring to type out the honorifics for Rasulullah (Sallallahu alayhi wasallam) consider using the Unicode symbol ﷺ at the least. It's not very legible, but at least it's there.

https://www.unicodepedia.com/unicode/arabic-presentation-forms-a/fdfa/arabic-ligature-sallallahou-alayhe-wasallam/

Wa salaam

I. Hasan.

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Abu Ibrahim's avatar

I liked what you wrote in the beginning about the reactionary nature of some Muslim youth, which leads them to an ideology which is more like the west's caricature of Islam.

But I have to dispute your approach to Islamic political theory. Setting aside the heterodox idea you put at the centre of it, what is the shar'ee basis for using this metaphysical framework to make conclusions about political fiqh? You use the logic it induces to argue that the form/structure of government is irrelevant so long as it adheres to this metaphysical framework. Why should we accept that?

We can construct all kinds of fanciful frameworks and use them to interpret reality in ways that explicitly contradict Qur'an and sunnah. E.g: Allah created all things in pairs, so polygamy is a violation of the metaphysical bijective order. We can make anything halal or haram in this way. The only way to extract the prescriptions of Islam is through its texts.

Does the structure of government matter? This is a fiqhi question. When you say that governments become Islamic by "mirroring the order and justice of the metaphysical realm in general", you can't leave open how to do that. It's not the discretion of a ruler to decide how he will 'mirror metaphysical justice', anymore than it is the discretion of a Muslim to decide how he will pray. If there is some discretion allowed by the Legislator, then that argument needs to be made from the text. The role of a ruler, as with any Muslim of discernment, is to understand the intention of the Legislator. Not to inject his own moral intuitions into the 'flexibility' of the shariah to choose the opinions he deems sensible.

To make my point, I turn your attention to Al-Qurtubi's rebuke of the Mu'tazilite scholar Ibrahim al-Nazzam (AKA al-Assam) which he makes in his tafseer of 2:30. Al-Assam believed that the khilafah is not obligatory bi-dhaatihi (in its essence). He believed if the ummah can maintain justice and order without it, it is not necessary to appoint an imaam. Al-Qurtubi rejects this opinion as against the consensus of the ummah and calls him deaf upon the shariah (hence the name).

So I am surprised you are essentially claiming that khilafah is just a means towards reflecting some vague notion of metaphysical justice, and not as something obligatory in and of itself. Similarly, if we will overwrite our tradition in favour of a "government structure that suits the needs of the current social and political context", how are we better than the modernists? I didn't expect the one who wrote the first few paragraphs of this article to think like that.

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