Islam and the Living Law: The Ibn Al-Arabi Approach

Islam and the Living Law – Book Sample

Book Contents

Chapter 1 : Politics, State, and Islam

• The Fiqh in the Political Realm
• Caliphal Politics
• The Fiqh
• Notes to Chapter 1

Chapter 2 : Spirituality and the Fiqh

• The Khawarij, Batiniyyah, and Ibahiyyah Types
• Notes to Chapter 2
• Chapter 3:  lbn al-Arabi and Ijtihad
• Fiqh and Qada
• Naming
• Logic and Analogy
• Notes to Chapter 3

Chapter 4:  lbn al-Arabi’s Legal Literalism

• First Case
• Second Case
• Notes to Chapter 4
• Chapter 5 : The Polysemantic Quran                                    65
• Recitations                                                                                  
• Authorities                                                                                 

Arguments                                                                                  

• IV.    Ibn al-Arabi’s Position                                                                 78
• Notes to Chapter 5                                                                           83

Chapter 6:  Three Passages from Ibn al-Arabi’s Fiqh         86

• I.    The First Passage .                                                                       86
• II.    The Second Passage                                                                    90
• III.    The Third Passage                                                                       94
• Notes to Chapter 6                                                                           97
• Afterword                                                                                         
• Notes to Afterword                                                                         103
• Index of Hadith Quotations                                                          104
• Index of Quranic Quotations                                                        108

Politics, State, and Islam – Islam and the Living Law

The ulema over the centuries have developed a structure for determining the entire set of rules and regulations arising from the Quran and the Sunna (normative practice) of His messenger, Muhammad (sallaLlahu alayhi wa sallam). This structure is called fiqh and is a legal discourse.

But this legal discourse has been marginalized and attacked from many· quarters, and for that _reason few people are aware of the political ideas which the ulema hold. This chapter attempts to convey certain traditionally held political ideas of the ulema which will challenge conventional political notions held by some political scientists and students of Islamic civilization. ‘fhe ulema and the Islamic legal discourse (fiqh) have been continually and ferociously attacked, even from within the Muslim world, from many quarters-from secularists to modernists, reformists to fundamentalists.

 If these groups have one thing in common, it is a desire for power, and more specifically for state-centred schemes for Muslim progress. Simply” stated, the ulema stand in their way as modem state centralization has historically been shunned by the ulema. In fact, the very essence of the ulema project-that edifice erected to determine rules and regulations from the revelation-is its decentralization, slow accumulation of positions and argumentation, local dominion, and diffusion.

No one person can define and represent the Islamic experience, so the ulema resist Islam being centralized in the person of the nation-state leader, or in any university or institute. And as for state centred schemes for progress, in accord With traditional religions, the ulema do not see progress as a virtue. As Norbert Wiener remarks, Most of us are too close to the idea of progress to take cognizance either of the fact that this belief belongs only to a small part of recorded history, _or o

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