The state and religion are twins: religion is a foundation, while the sultan is a watchman. Whatever has no foundation is destroyed, and whatever has no watchman is lost, and government and control are only brought to completion by the sultan. The way of control is in settling quarrels by jurisprudence.
Just as governing mankind by authority is not part of
the science of religion in the first rank but an aid for that without which religion is not completed, so, in like manner, is knowledge of the way to govern. It is well known that the pilgrimage is only completed by an escort which guards (one) from the Arabs on the way. The pilgrimage, however, is one thing and the journey to the pilgrimage is another. To set watch, without which the pilgrimage is not completed, is a third thing; and to know the manner, technique, and. rules of guarding is a fourth. In short, in jurisprudence a knowledge of the ways to govern and guard is found. What was related in a supported tradition (musnad) proves this: "Only three
kinds of people may give a legal opinion. They are: 1) a commander (amir), 2) one under command (rna'mur), or 3) one
who assumes the responsibility (mutakallif)." The commander
is the leader (imam) and they were the jurisconsults (muftiyun); he who is under command is his representative; and he who as-
sumes responsibility (mutakallif) differs from both of them.
He is one who takes on that responsibility without need.
The Companions used to guard themselves against giving legal opinions to the extent that each one of them used to refer (the opinion) to his companion, but they did not shrink from it when they were asked about the science of the Qur'an and the way to the next abode. In some traditions "hypocrites" (al-mura'i) occurs instead of "al-mutakallif"; for whoever
assumes the responsibility of (giving) a legal opinion, with
out being appointed for the sake of the need, aims only at 73
seeking reputation and wealth.
If you should say, "Even if you are right concerning regulations about punishments, injuries, fines, and settling quarrels, you are not right concerning what the Quarter on the Various Kinds of Worship contains about Fasting and Prayer, nor are you right concerning the Exposition of the Law
ful and the Unlawful which the Section oh Practice contains,"
then you should know that the matters dealing with the next world which the jurisconsult most frequently discusses are divided into three classes: 1) al-Islaan , 2) worship and the religious tax, 3) the lawful and the unlawful. If you consider the scope of the jurisconsult's thought, you will know that it does not go beyond the boundaries of the present
world to the next abode. Then, if you recognize this limitation in ,here three, it will be more obvious in other things.
As for al--Islam, truly the jurisconsult discusses what valid and false Islam are and what their stipulations are. He pays regard only to the tongue. As for the heart, that
is outside the province of the jurisconsult; because the Messenger of Allah removed those who had swords and authority from giving consideration to it, where he said, "Have you split open his heart?" (in the famous case) of one who had uttered the word of al-Islam (i.e. the testimony) and who was killed on the pretext that he said it only from fear of the sword.
The jurisconsult judges a man's Islam to be valid under the shadow of the sword, although he knows that the sword does not reveal his inner purpose to him and that it does not drive the covering of ignorance and perplexity from his heart; but it is a guide to the possessor of the sword; for the sword is stretched out to kill him and the hand is stretched out for his wealth. This word on his tongue should protect his neck and his wealth as long as he has a neck and wealth; that is, in the present world. Therefore the Messenger of Allah said, "I was commanded to wage war against people until they would say, 'There is no god but Allah'; and when they say that, they preserve their blood and their wealth from me."
The effect of that applies to blood and wealth; but as
for the next abode, it is not wealth that benefits but the manifestations of truth and secrets and sincerity of the heart, which is not part of the science of jurisprudence. If the jurisconsult enters into it, it is just as though he enters into theology and medicine thus stepping outside of
his own art.
As for worship (alb at), the jurisconsult decides that
it is valid, when one presents the form of the actions with its outward requirements even though (the worshipper) be
heedless in all his worship from beginning to end, except at 75
the takbir, being engaged in thinking about the account of
his transaction in the market place. This worship does not benefit in the next abode, just as speech. with the tongue (only) has no benefit in becoming a Muslim. But the jurisconsult gives a valid opinion saying, "Obedience to the form of the command results from what he does, and by it killing and the use of force are removed from him."
As for humility (al-Khushll'), and attentiveness of the heart which are acts related to the next abode and by which the outward act has value, the jurisconsult does not consider them; and should he consider them, he would be (acting) outside the scope of his profession.
As for the religious tax (zakah), the jurisconsult
observes that by which the demands of the sultan are met so that, if (one) refrains from fulfilling his duty and (paying), then the sultan takes it by force. Then he (the juris
consult) judges that his (the sultan's) conscience is clear. 77
It is quoted that Aba:Yusuf, the Qadi, used to give his
wealth to his wife at the end of the year and seek a gift from her wealth to evade the religious tax. This was told
to Abi Hanlfah who said, "That (is) due to hiss (understanding of) jurisprudence." He was right; for that is part of the jurisprudence of this world; but its harm in the next abode is greater than every (kind of) trickery. It is knowledge like this which is harmful.
As for what is lawful and what is unlawful, scrupulous
abstinence (al-war') from the unlawful comes from religion;
but scrupulous abstinence has four degrees:
The first is the scrupulous care through which a man fulfils what is due to the testimony which he gives (before the judges), the judgment (that is passed), and the obedience (which is due). This degree of scrupulousness guards against what is obviously unlawful.
The second is the scrupulous care of the virtuous, and it is guarding from doubtful things in which various possibilities confront one another. He (Muhammad) said, "Leave what causes you to doubt for what does not cause you to
doubt." And he said again, uneasiness in the heart."
The third is the scrupulous care of the pious in leaving the clearly permissible which he fears will lead him to what is unlawful. The Prophet said, "A man is not counted one of the god-fearing until he puts aside that in which there is no harm because of fear of that in which there is harm."
That is like scrupulous care in conversation about the circumstances of men for fear of being drawn into slander and (also like) abstaining from stimulating food for fear of inducing high spirits and disregard of others which lead to the commission of things that are forbidden.
The fourth is the scrupulous care of the believers
which is their turning away from everything except Allah lest they should spend an hour of this life on something which does not result in a closer approach to Him, even though they are sure that it does not lead to something that is unlawful.
All these degrees are outside the scope of the jurisconsuit except the first which is the scrupulousness of witnesses and judges. Whatever impairs one's rectitude and the performance of one's duty in that regard does not wipe out one's guilt in the next abode. The Messenger of Allah said to WAbisah, "Seek an opinion from your heart, even if they give
"Sin is those things that cause
you an opinion, even if they give you an opinion, even if they give you an opinion."
A faql h (jurisconsult) does not spear about the scru
ples of one's heart and how to deal with them but only about
what impairs one's rectitude ('adalah). Therefore all the
thought of a jurisconsult is related to the present world wherein lies the right way to the next abode. Should he say anything about the qualities of the heart and the regulations of the next abode, it would enter his speech incidentally just as sometimes something of medicine, accounting, astronomy, and theology enter his speech, and just as philosophy enters into astronomy and poetry.
Sufydn al-Thawri, a leader of the
al Interpretation of the Qur'An, used to say that the quest for this is not food for the way to the next abode. How can it be when they have agreed that the noble part of knowledge
is acting according to it? Then how does one think that
of, 79 it Is knowledge 'temporary separation by the formula zihar,
the form of accusation of adultery and the defense (li'An),
81 82 sommercial down-payments (salam), hiring anything out (i~ah),
and exchange? Whoever learns these things as a means to draw
near to Allah is possessed by the Jinn (ina nun), for one obeys Allah with the heart and limbs together. Knowledge of these matters is what constitutes true nbbility.
school of the liter
If you should say, "'Why did you make jurisprudence equal to medicine, when medicine too is connected with the present world and things conducive to its good which is the health of the body, while that (jurisprudence) is also connected with the good of religion? This equality contradicts the agreement of the Muslims," you should know that it is not necessary to make them equal; but that between the two there is a difference which is that jurisprudence .s nobler than it from three points of view.
One of them is that it is a science which deals with 83
divine law; for it was acquired from the prophetic office,
quite the opposite of medicine which is not one of the sci
ences which deal with the divine law.
The second (point) is that absolutely no one, neither the healthy nor the sick, who is proceeding on the way to the next abode can dispense with it; but as for medicine, only the sick need it; and they are in the minority.
The third (point) is that the science of jurisprudence is near to the science of the way to the next abode, because it considers bodily actions; and the source and origin of physical actions are the qualities of the heart. Praiseworthy acts issue from praiseworthy character which saves in the next abode, while blameworthy acts issue from blameworthy character. The union of the limbs and. heart is not hidden.
As for health and sickness, their origin is the four hu€34
mours of man (which make up his constitution) and which are
attributes of his body, not his heart. However jurisprudence is viewed in relation to medicine, its nobility is obvious; and, if the science of the way to the kext abode is compared to jurisprudence, then also the nobility of the way to the next abode is obvious.
If one should say, "Give me a clear exposition of the science of the way to the next abode in (such) detail as will interpret it even though it is not possible to exhaust the explanation of it", you should know that it is divided into two parts: a) mystical or spiritual knowledge, and b) the science of practical religion ('ilm mukashafah wa 'ilm mu'amalah).
The first is the knowledge of mystical religionr,which is inner knowledge ('ilm al-batin). This is the ultimate
goal of all sciences. One of the mystics (al-'arifln) said, 85
"I fear an evil end for one whose lot it is not to have this
knowledge. His best chance is to believe and hand it over to those worthy of it."
Another said, "None of this knowledge is given to one who has two qualities: innovation and vanity."
And someone said, "Whoever loves the present world or persists in a wandering desire (hawa) is not confirmed in
it (spiritual religion), though he may be assured of the
rest of the sciences. The least punishment of one who denies It is that he will not tasteany of it." And (as an example) he recited this saying, "Be content with one who backbites you, for that is a sin which has its own punishment."
It is the knowledge of the great believers (al-siddigin) and those who are near to Allah (al-m garribln). I mean mystical or spiritual knowledge (111m al-mukAshafah). It Is an expression to designate the illumination (nfr) that ap
pears in a heart after its purification from blameworthy qualities. By that illumination many things are disclosed, the names of which were formerly heard but for which many general and obscure ideas were conjectured. Then they were made clear so that there resulted the true knowledge of the Being of Allah and of His perfect and eternal qualities, His works, His wisdom in creating the present world and the next abode and the reason He made the next life to depend upon this, knowledge of the meaning of prophetship and prophet, the meaning of revelation, the meaning of ShaitAn, the meaning of the utterance of the angels and the Shaitans, the manner of the Shaitans! hostility towards man, the manner of the manifestation of the angel visitor to the prophets, the manner in which revelation reaches them, knowledge of the kingdoms
of the heavens and the earth, knowledge of the heart and
the way the armies of the angels and the Shaitans clash in it, knowledge of the difference between angelic and Satanic. visitation (lammah), knowledge of the next abode, the garden, the fire, the torment of the grave, the bridge, the balance, the reckoning, the meaning of His (Allah's) saying, "Read your book. Your soul (nafs) is sufficient for you as a reckoner on that day," (17:15), the meaning of His saying, "Verily the habitation of the next abode is (the place of) life, if only you knew it" (29:64), the meaning of meeting Allah and observing His beneficent face, the meaning of being near and abiding in proximity to Him, the meaning of realizing happiness by companionship with those who dwell in the highest places and entering into companionship with the angels and prophets, the meaning of the different stages of thepeople of the garden so that they see one another just as (one of us) sees a planet in the heavens, and so on, the explanati6n of which would be lengthy.
After belief in the fundamental principles there are various stages for man in (the knowledge of) the meanings of these matters,. Some of them consider all of that as symbols and that which Allah has prepared for His righteous servants
is what eye has not seen, nor ear heard, nor has it entered 86
into the mind of man. Indeed all that man has of the garden
are its attributes and names. Some hold the opinion that
some of these matters are symbolic and that some of them are in accordance with the real natures which are understood from their words. In like manner some of them consider that the end of knowledge (ma'rifah) of Allah is confession of the Impossibility to know Him. Some of them claim great things for their knowledge of Allah. Others say that the limit of one's knowledge of Allah is that belief to which the masses come which is that He is a Being, omniscient, omnipotent, all--hearing, seeing, and speaking.
We mean by mystical knowledge that the cover is raised until the essence of reality in these matters is absolutely made clear for one with a clearness which is the same as ('the kind of seeing in which there is no doubt. This would be possible in the soul of man were it not that the filth of the present world has been heaped up by rust and dirt on the mirror of the heart.
By knowledge of the way to the next abode we mean simply knowledge of the way to clean this mirror from these evils which are a veil (which conceals) Allah and the knowledge of
His attributes and acts. The way to clean and purify it is
simply to abstain from the appetites and to follow the example of the prophets in all their eircum stances. By as much as the heart is cleared off and the face of truth confronts
it its realities will sparkle in it. The only way to accomplish this is by discipline, the explanation of which will come in its proper place, and by knowledge and teaching.
These are the sciences which are not written in books,
and the one on whom Allah has graciously bestowed some of it discusses it only with the people who share in it by discuss
ing its mysteries. This is the hidden knowledge which he
(Muhammad) meant in his saying, "Some knowledge resembles that which is concealed which only mystics know; and if they speak of it, only the people who are heedless about Allah
are ignorant of it. So do not despise a learned man to whom
Allah has given some knowledge; for Allah did not despise him, since He gave it to him."
As for the second division, which is the Science of Practical Religion, ('ilm al-mu'Amalah), it is a knowledge of the states of the heart. As for what is praiseworthy of them, such as patience, thanksgiving, godly fear, hope, satisfaction, renunciation of the world, godliness, contentment, gen-
erosity, recognizing that gratitude belongs to Allah in.~circumstances, beneficence, thinking well of others, beauty of character, beauty of companionship, truth, and sincerity, it
is a knowledge of the real natures of these states, their
definitions, the means by which they are acquired, their fruits, their signs, and dealing with the weak until they
become strong. This does not stop until he is made acquainted with the Science of Eschatology.
As for what is blameworthy, it is fear of poverty, vexation at what is decreed (by Allah), malice, spite, envy, insincerity, the quest of high rank, love of eulogy, a desire
to remain long in the present world for enjoyment, pride and
hypocrisy, anger and contempt, enmity and violent hatred, covetousness and avarice, voracity and boasting, ingratitude and disregard of others, flattering the rich and despising the poor, pride of ancestry and self-conceit, ungenerous emulation and glory (in one's wealth, knowledge, and position), magnifying one's self above his right and meddling with what does not concern him, verbosity and haughtiness, making a good appearance before men and flattery, vanity and busying one's self in the faults of others instead of in his own faults, the absence of sorrow from one's heart (because he does not place importance on the matters of the next abode) and the departure of fear from it, emphasis on self-justification when something humbling comes to the heart and weak ness in championing the truth, preferring those who follow the outward observance of religion to the enmity that the mystical life excites in others, safety from Allah's decep
tion (makr allah) by despoiling what was given and dependence on obedience, deceit and treachery, hypocrisy and great
hope (for the postponement of something), harshness and rudeness, joy in the present world and regret over its passing away, enjoyment of created beings and grief on being separated from them, lack of sympathey and frivolity, precipitation (in blameworthy matters), and paucity of shame and mercy. These and similar attributes of the heart are seed beds of atrocious sins and the fertile soil of forbidden actions.
Their opposites, which are the praiseworthy characters, are sources of obedience and oblations.. Knowledge of the definitions of these matters, their real natures, their causes and their fruits, and ways to improve them is the
knowledge of the next abode ('ilm al-akhirah) which is a
personal obligation according to a legal decision of the other-worldly divines ('ulama' al-akhirah). One who avoids them perishes by the power of the King of kings in the next abode just as one who avoids the external deeds (prayer, fasting, pilgrimage, and almsgiving) perishes by the sword
of the sultans of the present world according to the decision of the jurisconsults of the present world. For the scope of the jurisconaults is the personal obligations in relation to the welfare of the present world, while this is in relation to the welfare of the next abode.
If a jurisconsult is asked about one of these spiritual
matters even about sincerity, for example, or about dependence (on Allah) or about a way to avoid hypocrisy, he would hold back in it, although it is a personal obligation of his
own, the neglecting of which would be his death in the next abode. If you should ask him about imprecations, divorce, racing, and throwing the palm branch (i.e. as a javelin), he would tell you volumes about their minutes details, no particle of which is needed till the end of time. Even if they were needed, the country would not be void of some one who would do it and the difficulty of the-task would satisfy him. He does not cease to toil at it night and day and to. memorize and study it, while he is heedless of what is important for himself in religion; and, if he were asked about it, he would say, "I was engaged in it because it is the science of religion and a general obligation", and he would deceive himself and others by his pretextj(in learning It). An intelligent person would know that if his aim were to fulfil what was due in the matter of a general obligation, he would give precedence over it to a personal obligation; he would give precedence to many ethers of the general obligations (rather than to this particular one).
In many (Muslim) cities there is no doctor except one
who is a member of the subject peoples (i.e. Jews, Christians,
and heathen) the acceptance of whose testimony in matters
which concern doctors and which are related to jurisprudence is not permissible. Yet we do not see anyone engaged in it (i.e. medicine) , while they compete in the science of jurisprudence especially concerning the things about which there are differences of position and evidences;, while the country is full of jurisconsults who are (of the kind who are) alone in the legal opinions they pronounce and in replying to ob
jections or slander. I wish I knew howthe jurisconsults of i
religion can permit themselves to be engaged in general obligations which many people are undertaking, while they neglect what is not being undertaken. Is there any other cause for this than to arrive at the control of endowments and wills, to get possession of the wealth of orphans, to assume judgeship and rule (over the funds), to surpass one's contemporaries, and to exercise power over enemies which is not made easy by medicine? Away with it!
The science of religion has been effaced by the deception of false teachers. May Allah, who is our refuge and strength, protect us from this deceit which causes the Merciful One to be angry and which makes the Shaitan laugh. And the scrupulous doctors of the literal and external expression of religion have acknowledged the superiority of the experts in the spiritual life and psychologists of religion.
The Imam al-Shafi'i used to sit at the feet of Shaiban
al-RA'i just as a boy sits in school, and ask him, "How should one act in this case and that?"
Some one said to him, "(Is it fitting for) one like you to ask this Bedouin?"