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Al-Sha?rani’s al-Miz?n: A relativist Approach to Sunni Legal Pluralism
Abstract
The 16th-century mystic al-Sha?rani (d. 973/1565) proposes a theory that explains Sunni legal pluralism and the richness of the Islamic textual tradition. He transcends the common wisdom that the diversity of legal opinions is a blessing from God by arguing that the contradictory statements within the different sources of the law are deliberately created by God to appeal to people’s varying levels of piety and strength. In every situation, there are two correct legal rulings: one of which is easy and the other is strict. The easier rulings are for those who are weaker in faith and the harder ones are for the select few. There is only one source for the divine law. Thus, when a person who is weak in faith and spirit draws water from that source, his/her water is as good as the water drawn by a saint. His theory was hailed by some historians as an attempt to unify the four schools, while others saw it as a continuation of the legal tradition, lacking any novelty. I argue that while his attitude shares certain characteristics with traditional approaches to legal diversity, it departs significantly from the traditional view of the oneness of truth. His continuum of legal pluralism should be situated squarely within the controversy over the prohibition of the pragmatic selection of easier rulings from the different schools, known as tatabbu? al-rukha?. He takes the side of jurists who permit the pragmatic selection of easier rulings when there is a need. Thus, such choices can only be controlled through the person herself, according to her view of her spiritual and physical strength. Since these multiple truths, which resemble Sufi stations, are ordained by God, al-Sha?rani paves the way for more acceptance of the differences among schools. His theory was designed to address some of the supporters of the pragmatic selection of easier rulings (tatabbu? al-rukha?), who did not accept rulings that contradicted the textual sources. His solution was to drive the law further towards relativism by arguing for the multiplicity of truths.
Discipline
History
Geographic Area
Egypt
Sub Area
13th-18th Centuries