The Religions Book

(ff) #1

274


revelations on alcohol suggest that
while some good may be found
in it, it may also have a connection
to sin (2:219). Later revelations
prohibit Muslims from praying while
drinking (4:43), and the latest plainly
condemn the use of alcohol (5:93).
The Qur’an also guides Muslims
in personal and community affairs.
For instance, while it does not
expressly prohibit slavery, it does
offer guidance on how to treat
slaves. Marriage concerns such as
polygamy, dowry, and inheritance
rights for women are also governed.
Stipulations such as these are
explicit in the Qur’an and offer
clear guidance. However, while
the Qur’an treats other matters of
morality and civic duty in a similar
fashion, much of its treatment of
legal concerns tends to be generic.
In these cases, the example of
Muhammad given in the Sunna
supplements the Qur’anic material.
While the Sunna cannot replace the
Qur’an’s authority, the belief that
Muhammad was inspired by God
led to the acceptance of his example
as authoritative. Al-Shafi‘i refined
the use of the Sunna in legal
matters by restricting the use of the
term Sunna to Muhammad. Doing
so eliminated any confusion with
local customs, and added greater


authority to the traditions of the
Prophet. However, collections of
Muhmmad’s sayings, actions, and
what he prohibited and allowed
grew in number, requiring the
application of a strict process of
validation. As a result of this,
legitimate traditions of Muhammad
—that is, those with a proper chain
of authority and not contradicting
the Qur’an—can be brought to bear
on legal matters.

Legal interpretation
Even with al-Shafi‘i’s definitions,
situations could arise that are not
specifically addressed in either the
Qur’an or Sunna. With Muhammad
no longer alive to offer guidance
on such legal matters, the role
of interpretation became crucial.
Al-Shafi‘i therefore sought to give
authority to legal interpretations
reached by consensus among
the Muslim community. Early
on, this was a practical way for
solving problems on which the
Qur’an and the Sunna were silent;
majority opinion would help in
reaching decisions. Over time,
however, “the community” came
to be defined in legal terms as a
collective body of legal scholars
and religious authorities whose
decisions would be made on

THE PATHWAY TO HARMONIOUS LIVING


Muslim scholars and religious
leaders are relied upon to interpret
original sources where guidance
on certain matters is not explicit.

behalf of wider Muslim society.
There remained some situations
where no authoritative text existed,
and when consensus could not be
reached. Initially, jurists used their
own judgment to arbitrate new legal
concerns. This was known as
ijtihad, or striving intellectually,
and incorporated a judge’s personal
opinion or reasoning. Al-Shafi‘i
restricted the role of personal
reasoning in ijtihad to the use
of deductive reasoning to find
analogous situations in the Qur’an
or Sunna from which new legal
rulings could be derived. For
example, the Qur’an prohibits
making a sale or a purchase
during the call to Friday prayers:
Muslims are instead urged to cease
trading so that they may gather
for worship (62:9–10). What about
other contracts that might be made
during the call to prayer? Should a
marriage, for example, be arranged
during this time? The Qur’an is
silent on the matter, but analogical

There has come to
you from God a light and
a clear book by which
God guides those who
pursue his pleasure
to the ways of peace...
Sura 5:15–16
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