1. G.o.d the only legislator has shown the way of felicity to the people whom He has chosen, and in order to enable them to walk in that way He has shown to them the precepts which are found, partly in the eternal Quran, and partly in the sayings of the Prophet transmitted to posterity by the Companions and preserved in the Sunnat. That way is called the "Shari'at." The rules thereof are called Ahkam.

2. The Quran and the Sunnat, which since their manifestation are the primitive sources of the orders of the Law, form two branches of study, _viz._, Ilm-i-Tafsir, or the interpretation of the Quran and Ilm-i-Hadis, or the study of Tradition.

3. All the orders of the Law have regard either to the actions (Din), or to the belief (Iman) of the Mukallifs.[35]

4. As the Quran and the Sunnat are the princ.i.p.al sources from whence the precepts of the Shari'at have been drawn, so the rules recognized as the princ.i.p.al elements of actual jurisprudence are the subject of Ilm-i-Fiqh, or the science of Law.

Fiqh in its root signifies conception, comprehension. Thus Muhammad prayed for Ibn Mas'ud: "May G.o.d make him {33} comprehend (Faqqihahu), and make him know the interpretation of the Quran." Muhammad in his quality of Judge and chief of the Believers decided, without appeal or contradiction, all the affairs of the people. His sayings served as a guide to the Companions. After the death of the Prophet the first Khalifs acted on the authority of the Traditions. Meanwhile the Quran and the Sunnat, the princ.i.p.al elements of religion and legislation, became little by little the subject of controversy. It was then that men applied themselves vigorously to the task of learning by heart the Quran and the Traditions, and then that jurisprudence became a separate science. No science had as yet been systematically taught, and the early Musalmans did not possess books which would serve for such teaching. A change soon, however, took place. In the year in which the great jurisconsult of Syria died (A.H. 80) N'iman bin Sabit, surnamed Abu Hanifa was born. He is the most celebrated of the founders of the schools of jurisprudence, a science which ranks first in all Muslim seats of learning. Until that time and for thirty years later the Mufa.s.sirs,[36] the Muhaddis,[37] and the Fuqiha,[38] had all their knowledge by heart, and those who possessed good memories were highly esteemed. Many of them knew by heart the whole Quran with the comments made on it by the Prophet and by the Companions; they also knew the Traditions and their explanations, and all the commands (Ahkam) which proceed from the Quran, and the Sunnat. Such men enjoyed the right of Mujtahidin. They transmitted their knowledge to their scholars orally.

It was not till towards the middle of the second century A.H. that treatises on the different branches of the Law were written, after which six schools (Mazhabs) of jurisprudence were formed. The founders, all Imams of the first cla.s.s, were Abu Hanifa, the Imam-i-A'zam or great Imam (A.H. 150),[39] Safian As-Sauri (A.H. 161), Malik (A.H.

179), As-Shafa'i (A.H. 204), Hanbal (A.H. 241) and Imam Daud Az-Zahari (A.H. 270). The two sects founded by Sauri and Zahari became extinct in the eighth century of the Hijra. The other four still remain. These men venerated one another. The younger ones speak with great respect of the elder. Thus Shafa'i said:--"No one in the world was so well versed in jurisprudence as Abu Hanifa was, and he who has read neither his works, nor those of his disciples knows nothing of jurisprudence." Hanbal when sick wore a shirt which had belonged to Shafa'i, in order that he might be cured of his malady; but all this {34} did not prevent them starting schools of their own, for the right of Ijtihad is granted to those who are real Mujtahidin. There are three degrees of Ijtihad.

1. Al-Ijtihad fi'l Shari': absolute independence in legislation

2. Al-Ijtihad fi'l Mazhab: authority in the judicial systems founded by the Mujtahidin of the first cla.s.s.

3. Al-Ijtihad fi'l Masail: authority in cases which have not been decided by the authors of the four systems of jurisprudence.

The first is called a complete and absolute authority, the second relative, the third special.

THE FIRST DEGREE OF IJTIHaD.

Absolute independence in legislation is the gift of G.o.d. He to whom it is given when seeking to discover the meaning of the Divine Law is not bound to follow any other teacher. He can use his own judgment. This gift was bestowed on the jurisconsults of the first, and to some in the second and third centuries. The Companions, however, who were closely connected with the Prophet, having transmitted immediately to their posterity the treasures of legislation, are looked upon as Mujtahidin of much higher authority than those of the second and third centuries.

Thus Abu Hanifa says:--"That which comes to us from the Companions is on our head and eyes (_i.e._, to be received with respect): as to that which comes from the Tabi'in, they are men and we are men."

Since the time of the Tabi'in this degree of Ijtihad has only been conferred on the six great Imams. Theoretically any Muslim can attain to this degree, but it is one of the principles of jurisprudence that the confirmation of this rank is dependent on many conditions, and so no one now gains the honour. These conditions are:--

1. The knowledge of the Quran and all that is related to it; that is to say, a complete knowledge of Arabic literature, a profound acquaintance with the orders of the Quran and all their sub-divisions, their relationship to each other and their connection with the orders of the Sunnat. The candidate should know when, and why each verse of the Quran was written, he should have a perfect acquaintance with the literal meaning of the words, the speciality or generality of each clause, the abrogating and abrogated sentences. He should be able to make clear the meaning of the 'obscure' pa.s.sages (Mutashabih), to discriminate between the literal and the allegorical, the universal and the particular.

2. He must know the Quran by heart with all the Traditions and explanations. {35}

3. He must have a perfect knowledge of the Traditions, or at least of three thousand of them.

He must know their source, history, object and their connection with the laws of the Quran. He should know by heart the most important Traditions.

4. A pious and austere life.

5. A profound knowledge of all the sciences of the Law.

Should any one _now_ aspire to such a degree another condition would be added, _viz_:--

6. A complete knowledge of the four schools of jurisprudence.

The obstacles, then, are almost insurmountable. On the one hand, there is the severity of the 'Ulama, which requires from the candidate things almost impossible; on the other, there is the attachment of the 'Ulama to their own Imams, for should such a man arise no one is bound now to listen to him. Imam Hanbal said:--"Draw your knowledge from whence the Imams drew theirs, and do not content yourself with following others for that is certainly blindness of sight". Thus the schools of the four Imams remain intact after a thousand years have pa.s.sed, and so the 'Ulama recognise since the time of these Imams no Mujtahid of the first degree. Ibn Hanbal was the last.

The rights of the man who attained to this degree were very important.

He was not bound to be a disciple of another, he was a mediator between the Law and his followers, for whom he established a system of legislation, without any one having the right to make any objection. He had the right to explain the Quran, the Sunnat and the Ijma' according as he understood them. He used the Prophet's words, whilst his disciples only used his. Should a disciple find some discrepancy between a decision of his own Imam and the Quran or Traditions, he must abide by the decision of the Imam. The Law does not permit him to interpret after his own fashion. When once the disciple has entered the sect of one Imam he cannot leave it and join another. He loses the right of private judgment, for only a Mujtahid of the first cla.s.s can dispute the decision of one of the Imams. Theoretically such Mujtahidin may still arise; but, as we have already shown, practically they do not.

THE SECOND DEGREE OF IJTIHaD.

This degree has been granted to the immediate disciples of the great Imams who have elaborated the systems of their masters. They enjoyed the special consideration of the contemporary 'Ulama, and of their respective Imams who in some cases have allowed them {36} to retain their own opinion.' The most famous of these men are the two disciples of Abu Hanifa, Abu Yusuf and Muhammad bin al Hasan. In a secondary matter their opinion carries great weight. It is laid down as a rule that a Mufti may follow the unanimous opinion of these two even when it goes against that of Abu Hanifa.

THE THIRD DEGREE OF IJTIHaD.

This is the degree of special independence. The candidates for it should have a perfect knowledge of all the branches of jurisprudence according to the four schools of the Arabic language and literature.

They can solve cases which come before them, giving reasons for their judgment, or decide on cases which have not been settled by previous Mujtahidin; but in either case their decisions must always be in absolute accordance with the opinions of the Mujtahidin of the first and second cla.s.ses, and with the principles which guided them. Many of these men attained great celebrity during their lifetime, but to most of them this rank is not accorded till after their death. Since Imam Qazi Khan died (A.H. 592), no one has been recognised by the Sunnis as a Mujtahid even of the third cla.s.s.

There are three other inferior cla.s.ses of jurists, called Muqallidin, or followers of the Mujtahidin; but all that the highest in rank amongst them can do is to explain obscure pa.s.sages in the writings of the older jurisconsults. By some of the 'Ulama they are considered to be equal to the Mujtahidin of the third cla.s.s. If there are several conflicting legal opinions on any point, they can select one opinion on which to base their decision. This a mere Qazi cannot do. In such a case he would have to refer to those men, or to their writings for guidance. They seem to have written commentaries on the legal systems without originating anything new. The author of the Hidayah, who lived at the end of the sixth century, was a Muqallid.

Such is Mirza Kazim Beg's account. The whole article, of which I have only given the main points, is worthy of the closest study. It shows how "the system, as a whole, rejects experience as a guide to deeper insight or wider knowledge; tramples upon the teaching of the past; pays no heed to differences of climate, character, or history; but regards itself as a body of absolute truth, one jot or t.i.ttle of which cannot be rejected without incurring the everlasting wrath of G.o.d."[40]

{37}

CHAPTER II.

EXEGESIS OF THE QURaN AND THE TRADITIONS.

The following account of this branch of Muslim theology, technically called 'Ilm-i-Usul, may be introduced by a few remarks on the nature of inspiration according to Islam, though that is not strictly speaking a portion of this study.

There are two terms used to express different degrees of inspiration, Wahi and Ilham. Wahi is the term applied to the inspiration of the Quran, and implies that the very words are the words of G.o.d. It is divided into Wahi Zahir (external inspiration), and Wahi Batin (internal inspiration). The whole book was prepared in heaven. Muhammad, instructed by Gabriel, is simply the medium through which the revelation of Wahi Zahir reaches man.

The Wahi Quran, _i.e._, the highest form of inspiration, always came to the ear of the Prophet through the instrumentality of Gabriel. In Muhammadan theology, this is the special work of Gabriel. Thus in the Traditions it is related that he appeared to Adam twelve times, to Enoch four, to Noah fifty, to Abraham forty-two, to Moses four hundred, to Jesus ten times, to Muhammad twenty-four thousand times.

Ilham means the inspiration given to a saint or to a prophet when he, though rightly guided, delivers the subject matter out of his own mind, and is not a mere machine to reproduce the messages of Gabriel. There is a lower form of Wahi Zahir, which is called Isharat-ul-Malak (literally, "sign of the Angel.") This expresses what Muhammad meant when he said: "The Holy Ghost has entered into my heart." In other words, he received the inspiration through {38} Gabriel, but not by word of mouth. This form of inspiration is higher than that possessed by saints, and is usually applied to the inspiration of the Traditions. This is denied by some, who say that except when delivering the Quran Muhammad spoke by Ilham and not by Wahi.

The practical belief is, however, that the Traditions were Wahi inspiration, and thus they come to be as authoritative as the Quran.

Sharastani speaks of "the signs (sayings) of the Prophet which have the marks of Wahi."[41] This opinion is said by some Muslim theologians to be supported by the first verse of the fifty-third Sura, ent.i.tled the Star.

"By the Star when it setteth; your companion Muhammad _erreth not_, nor is he _led astray_, neither doth he _speak of his own will_. It is none other than a revelation which hath been revealed to him." In any case the inspiration of Muhammad is something quite different from the Christian idea of inspiration, which is to Musalmans a very imperfect mode of transmitting a revelation of G.o.d's will.

That there should be a human as well as a divine side to inspiration is an idea not only foreign, but absolutely repugnant to Muhammadans. The Quran is not a book of principles. It is a book of directions. The Quran describes the revelation given to Moses thus:--"We wrote for him upon the tables a monition concerning every matter and said: 'Receive them thyself with steadfastness, and command thy people to receive them for the observance of its most goodly precepts.'" (Sura vii. 142). It is such an inspiration as this the Quran claims for itself. Muhammad's idea was that it should be a complete and final code of directions in every matter for all mankind. It is not the word of a prophet enlightened by G.o.d. It proceeds immediately from G.o.d, and the word 'say' or 'speak' precedes, or is understood to precede, every sentence. This to a Muslim is the highest form of inspiration; this alone stamps a book as {39} divine. It is acknowledged that the Injil--the Gospel--was given by Jesus; but as that, too, according to Muslim belief, was brought down from heaven by the angel Gabriel during the month of Ramazan, it is now a.s.serted that it has been lost, and that the four Gospels of the New Testament are simply Traditions collected by the writers whose names they bear. Their value is, therefore, that of the second foundation of the Islamic system.

The question next arises as to the exact way in which Gabriel made known his message to Muhammad. The Mudarij-un-Nabuwat, a standard theological work, gives some details on this point.[42] Though the Quran is all of G.o.d, both as to matter and form, yet it was not all made known to the Prophet in one and the same manner. The following are some of the modes:--

1. It is recorded on the authority of 'ayesha, one of Muhammad's wives, that a brightness like the brightness of the morning came upon the Prophet.

According to some commentators this brightness remained six months. In some mysterious way Gabriel, through this brightness or vision, made known the will of G.o.d.

2. Gabriel appeared in the form of Dahiah, one of the Companions of the Prophet, renowned for his beauty and gracefulness. A learned dispute has arisen with regard to the abode of the soul of Gabriel when he a.s.sumed the bodily form of Dahiah. At times, the angelic nature of Gabriel overcame Muhammad, who was then translated to the world of angels. This always happened when the revelation was one of bad news, such as denunciations or predictions of woe. At other times, when the message brought by Gabriel was one of consolation and comfort, the human nature of the Prophet overcame the angelic nature of the angel, who, in such case, having a.s.sumed a human form, proceeded to deliver the message. {40}

3. The Prophet heard at times the noise of the tinkling of a bell. To him alone was known the meaning of the sound. He alone could distinguish in, and through it, the words which Gabriel wished him to understand. The effect of this mode of Wahi was more marvellous than that of any of the other ways. When his ear caught the sound his whole frame became agitated.

On the coldest day, the perspiration, like beads of silver, would roll down his face. The glorious brightness of his countenance gave place to a ghastly hue, whilst the way in which he bent down his head showed the intensity of the emotion through which he was pa.s.sing. If riding, the camel on which he sat would fall to the ground. The Prophet one day, when reclining with his head in the lap of Zeid, heard the well known sound: Zeid, too, knew that something unusual was happening, for so heavy became the head of Muhammad that it was with the greatest difficulty he could support the weight.

4. At the time of the Mi'raj, or night ascent into heaven, G.o.d spoke to the Prophet without the intervention of an angel. It is a disputed point whether the face of the Lord was veiled or not.

5. G.o.d sometimes appeared in a dream, and placing his hands on the Prophet's shoulders made known his will.

6. Twice, angels having each six hundred wings, appeared and brought the message from G.o.d.

7. Gabriel, though not appearing in bodily form, so inspired the heart of the Prophet that the words he uttered under its influence were the words of G.o.d. This is technically called Ilka, and is by some supposed to be the degree of inspiration to which the Traditions belong.