The zindeeq postulates:
“Many Muslims are aware that critical reasoning to develop the law is no longer a feature of Islamic legal training.”
Development of Islamic Law never was an institution in the history of Islam. No one, not even Rasulullah (sallallahu alayhi wasallam), was a developer of Islamic Law. The Rasool who occupies the highest strata and rank in Islam merely delivered and explained the Law in the way Wahi (Divine Revelation) directed him to do. Hence the Qur’aan Majeed repeatedly says: “On us (the Ambiya) is only to deliver the clear message (Divine Shariah).”
The Rasool (sallallahu alayhi wasallam) outlined and explained the divine Law in the light of Wahi which was either delivered to him directly by Jibraeel (alayhis salaam) or by the Special Inspiration exclusive with Ambiya.
COMMENT
The Qur’aan is emphatic that no Muslim has the right to critically examine and comment adversely on any aspect of the Law of Allah Ta’ala. Muslims are taught by the Qur’aan the lesson of “We hear and we obey”. Whatever of the Divine Law that has been transmitted to us by authoritative and reliable transmission, we accept and we cast our personal logic and reasoning into the dustbin. We utilize critical reasoning only to neutralize the poison of mulhids and to demolish and lay to waste the kufr of zindeeqs masquerading as Muslims.
In Islam reason cannot be employed to denigrate any aspect of the Divine Law. It has no licence to operate in the domain of Divine Law with a view to detract from it or to change it for forging a compatibility with the shaitaani concepts of the day. Reason shall be employed within the parameters of the principles structured on the Divine texts of the Qur’aan and Ahadith only for the extension of Divine Decrees to particular developments which did not exist in the age of Nubuwwat. Then the product of such extension will be divine because the basis is divine. We are here referring to the system of Qiyaas in the Shariah– not to unbridled reasoning of zindeeqs and mulhid philosophers who were simply another breed of juhala.
NO LONGER
The claim that: “critical reasoning to develop law is no longer a feature”, presupposes that at one stage it was a feature. It behoves the zindeeq to explain when exactly this imagined “critical reasoning to develop law” (i.e. Islamic law) was a facet of Islamic legal training. He should cite some examples of laws of the Shariah which were formulated by this imagined methodology.
While critical reasoning was fully employed to ascertain the authenticity of narrational evidences, it was never part of any imagined process to develop law. The Law—the divine Shariah— was handed to the Ummah in its perfected and completed form. It is precisely for this reason that Nubuwwat came to an end with Muhammadur Rasulullah (sallallahu alayhi wasallam). It is the height of kufr to subject the Qur’aan and Sunnah to critical reasoning for the purpose of developing some law. The product of man’s critical reasoning in a methodology to develop law is not part of the divine Shariah. Such consequences are man-made laws which are within the preserve of kuffaar.
DALAAIL
Another sphere where the Fuqaha employed critical reasoning is in their presentation of the rationale for the divine commands. Since the Rasool of Allah did not venture into this field, the Fuqaha subjected the rationale, not the divine commands, to a process of critical reasoning But, to this day no Muslim has claimed that the ghair mansoos and aqli dalaail (rational evidence unbacked by divine sanction) of the Fuqaha have divine status. The contention of the zindeeq is thus disposed with contempt.
NARRATION
It is essential to understand that the divine Shariah is the product of Wahi (revelation), not the consequence of human reason. The only requirement for confirming the divine status of any Deeni mas’alah, is the narrational evidence which consists of Qur’aanic textual reference, Ahadith or Principles formulated on a divine premise. Regardless of any conflict between Reason and Revelation, the latter will be accepted and confirmed on the basis of narration, not reason.
PHILOSOPHY?
Expounding his theory of critical reasoning, the zindeeq says:
“Critical thought directed to the philosophy of Islamic jurisprudence and its development fell into abeyance some centuries ago.”
There never was any subject such as “philosophy of Islamic jurisprudence”. Nor was there any type of development in the Divine Shariah. As mentioned earlier, the Shariah was presented to the Ummah in a perfected and completed form. It cannot be subjected to development nor was it ever subjected to development by the Fuqaha. The Fuqaha, however, systematized the chapters of the Shariah for the ease of posterity. They did not develop new laws. It is a brazen lie to make such a claim of kufr and attribute it to the Fuqaha.
One Faqeeh would critically examine the proofs and the arguments which another Faqeeh presented for a law. A flaw in the evidence was possible, not in the actual law of the Shariah. Once the law has been confirmed, the rationale is of no significance. There was the process of critical analysis of the proofs, and this was necessary for ascertaining the authenticity of the claim that a particular law is of divine origin.