MESA Banner
Sufism and Islamic law: 'Abd al-Wahhab al-Sha’rani’s interdisciplinary approach
Abstract
This paper examines the ethical-legal theory of the "divine scales" of the Egyptian jurist, Sufi shaykh and theologian 'Abd al-Wahhab al-Sha‘rani (d. 1565). Scholarship on al-Sha'rani traditionally focused on the first part of his treatise "Kitab al-Mizan" (“The Book of Divine Scales”), which contains a theoretical introduction to his legal hermeneutics. However, the second part of the book, in which al-Sha'rani applies his theory in practice, considering rulings from all categories of Islamic law, has not been studied yet. Through an analysis of the published edition and manuscripts of "al-Mizan", this paper contends that al-Sha'rani went beyond the esoteric Sufi interpretation of legal rulings. He created unique legal hermeneutics successfully integrating Sufi theory into the methodology of Islamic law (usul al-fiqh). According to his Sufi-legal synthesis, there is an “internal” rationale (‘illa) behind every ruling that has been established within the framework of four schools of Islamic law. The founders of the four schools (Abu Hanifa, Malik b. Anas, Muhammad Idris b. al-Shafi‘i and Ahmad b. Hanbal) were able to define this rationale through near-prophetic inspiration ("kashf") from the divine. “Al-Mizan” shows that the “inner” rationale, which lies behind every Islamic ruling, could bear ethical, esoteric and social aspects and could be identified only by those who achieved the highest level of spirituality. Al-Sha'rani argues that often jurists and common folk believe in irreconcilable contradictions between the legal schools because they can see only the "external" rationale of the rulings without seeing their "inner" rationale. From the earliest period of Islamic history, Sufis expressed their own vision on the legal rulings. Abu Hamid al-Ghazali (d. 1111) provided an extensive esoteric interpretation of Islamic norms, while Ibn ‘Arabi (d. 1240) created a distinct Sufi “madhhab” (legal school). What is unique about al-Sha'rani’s contribution, is that it integrates Sufi concepts and Islamic legal theory (in predominantly Shafi'ite interpretation) employing such legal notions and maxims as “urgent necessity” (darura), “need” (haja), “necessities permit the forbidden” (al-darurat tubih al-mahzurat), “objectives” (maqasid) and “means” (wasa'il) through the framework of Sufi hermeneutics (introducing the concept of ruhaniyya “spirituality” of legal rulings). One could say that “al-Mizan” offers Sufi interpretation of the objectives, wisdom or rationale behind each ruling of shari‘a, which was established within the framework of four schools. Therefore, al-Sha‘rani’s legal theory can be considered as a Sufi alternative to maqasid al-shari‘a (higher objectives of Islamic law).
Discipline
Religious Studies/Theology
Geographic Area
Egypt
Sub Area
None