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Denial of Qiyas and Its Reflection

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What the Dhahiris are most famous for is their denial of all qiyas or analogy. It is recorded, for example, that Dawud held that the Qur’anic prohibition of saying “Uff” in disgust to one’s parents did not prove that it was wrong to beat them, since the literal content of the verse only concerned saying “Uff,” and no analogy could be drawn from this about anything else. Similarly, Ibn Hazm seems to have believed the prohibition in hadith of urinating into a pool of water did not show that there is anything wrong with defecating in it. These are two examples of denials of what is called in Arabic a qiyas jaliyy meaning an a fortiori analogy.

Denying the validity of the a fortiori analogy is so counterintuitive, that Imam al-Juwayni, who died 478 years after the Hijra, has said:

The position adopted by the most exacting of scholars is that those who deny analogy are not considered scholars of the Umma or conveyers of the Shari‘a, because they oppose out of mere obstinacy and exchange calumnies about things established by an overwhelming preponderence of the evidence, conveyed by whole groups from whole groups back to their prophetic origin (tawatur).

For most of the Shari‘a proceeds from ijtihad, and the uniquivocal statements from the Koran and hadith do not deal [n: in specific particulars by name] with even a tenth of the Shari‘a [n: as most of Islamic life is covered by general principles given by Allah to guide Muslims in every culture and time], so they [the literalists] are not considered of the learned” (al-Dhahabi, Siyar a‘lam al-nubala’ [Beirut: Mu’assasa al-Risala, 1401/1984], 13.105).

From Juwayni’s remark that “the uniquivocal statements from the Koran and hadith do not deal with even a tenth of the Shari‘a,” we can understand a main impetus of Dhahiri thought by which it differed from the four schools of Sunni jurisprudence; namely, that it radically truncated the range and relevance of the Shari‘a to nothing more than those rulings established by the literal wording (dhahir) of hadiths or verses. And this is perhaps one reason today for renewed interest in the long-dead school, namely, that it frees people from having to learn and follow the large part of the Shari‘a deduced from the general and comprehensive ethos of the Koran and sunna.

But secondly, if one reflects for a moment on the fiqh questions we hear urged today by youthful reformers in our mosques, it is plain that a great many of what are termed “Salafi ijtihads” are not salafi (early Muslim) at all, but mere Dhahiri or literalist interpretations of hadiths. To their credit, the movement we are speaking of has revived interest in hadith among Islamic scholars across the board. But it has also given rise to a bid‘a or ‘reprehensible innovation’; namely, that the emphasis on hadith and its ancillary disciplines to the exclusion of other Islamic sciences equally necessary to understanding the revelation, such as fiqh methodology, or the conditioning of hadith by general principles expressed in the Koran, has created a false dichotomy in many Muslims’ minds of either fiqh or hadith, where what is needed is fiqh or ‘understanding’ of hadith.

For example, a young man, after leading us at salat al-fajr prayer in Chicago a few months ago, told a latecomer to the first rak‘a (who had been finishing his sunna prayer when the iqama (call to commence) was made): “If the prescribed prayer begins, you don’t finish the sunna, but quit and join the group. Don’t listen to Abu Hanifa, or Malik, or Shafi‘i; the hadith is clear: La salata ba‘da al-iqama illa al-maktuba ‘There is no prayer after the iqama except the prescribed one.’”

Now, the dhahir or ‘literal meaning’ of the hadith was as he said, but the Imams of Shari‘a have not understood it this way for the very good reason that Allah says in Surat Muhammad of the Koran, “And do not nullify your works” (Koran 47:33), and to simply quit an act of worship—namely, the sunna rak‘as before fajr—is precisely to nullify one of one’s works.




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