The Faith of Islam. Edward Sell

chiefly to Tradition as the basis of his judgments. Madína was full of the memories of the sayings and acts of the Prophet; Kúfa, the home of Hanífa, on the contrary, was not founded till after the Prophet's death and so possessed none of his memories. Islám there came into contact with other races of men, but from them it had nothing to learn. If these men became Muslims, well and good: if not, the one law for them as for the Faithful was the teaching of Muhammad. Various texts of the Qurán are adduced to prove the correctness of this position. "For to thee have we sent down the book which cleareth up every thing." (Súra xvi. 91) "Nothing have we passed over in the book." (Súra vi. 38.) "Neither is there a grain in the darkness of the earth nor a thing green or sere, but it is noted in a distinct writing." (Súra vi. 59). These texts were held to prove that all law was provided for by anticipation in the Qurán. If a verse could not be found bearing on any given question, analogical deduction was resorted to. Thus: "He it is who created for you all that is on earth." (Súra ii. 27). According to the Hanifite jurists, this is a deed of gift which annuls all other rights of property. The 'you' refers to Muslims. The earth^[24] may be classified under three heads:—(1) land which never had an owner; (2) land which had an owner and has been abandoned; (3) the person and property of the Infidels. From the last division the same legists deduce the lawfulness of slavery, piracy and constant war against the unbelievers. To return to Abu Hanífa. He admitted very few Traditions as authoritative in his system, which claims to be a logical development from the Qurán. "The merit of logical fearlessness cannot be denied to it. The wants and wishes of men, the previous history of a country—all those considerations, in fact, which are held in the West to be the governing principles of legislation, are set aside by the legists of Irák as being of no account whatever. Legislation is not a science inductive and experimental, but logical and deductive."^[25]

      Imám Ibn Málik was born at Madína (A.H. 93) and his system of jurisprudence is founded, as might be expected from his connection with the sacred city, on the "Customs of Madína." His business was to arrange and systematize the Traditions current in Madína, and to form out of them and the "Customs" a system of jurisprudence embracing the whole sphere of life. The treatise composed by him was called the "Muwatta" or "The Beaten Path." The greater part of its contents are legal maxims and opinions delivered by the Companions. His system of jurisprudence, therefore, has been described as historical and traditional. In an elegy on his death by Abu Muhammad Ja'far it is said: "His Traditions were of the greatest authority; his gravity was impressive; and when he delivered them, all his auditors were plunged in admiration."^[26] The Traditions were his great delight. "I delight," said he, "in testifying my profound respect for the sayings of the Prophet of God, and I never repeat one unless I feel myself in a state of perfect purity,"^[27] (i.e., after performing a legal ablution.) As death approached, his one fear was lest he should have exercised his private judgment in delivering any legal opinion. In his last illness a friend went to visit him, and enquiring why he wept, received the following answer: "Why should I not weep, and who has more right to weep than I? By Allah! I wish I had been flogged and reflogged for every question of law on which I pronounced an opinion founded on my own private judgment."^[28]

      Imám As-Sháfa'í, a member of the Quraish tribe, was born A.H. 150. He passed his youth at Mecca but finally settled in Cairo where he died (A.H. 204). Ibn Khallikan relates of him that he was unrivalled for his knowledge of the Qurán, the Sunnat, and the sayings of the Companions. "Never," said Imám Ibn Hanbal, "have I passed a night without praying for God's mercy and blessing upon As-Sháfi'í." "Whosoever pretends," said Abu Thaur, "that he saw the like of As-Sháfi'í for learning is a liar." Having carefully studied the systems of the two preceding Imáms he then proceeded on an eclectic system to form his own. It was a reaction against the system of Abu Hanífa. As-Sháfi'í follows rather the traditional plan of Ibn Málik. The Hanifite will be satisfied if, in the absence of a clear and a direct statement, he finds one passage in the Qurán, or one Tradition from which the required judgment may be deduced. The Sháfi'ite in the same circumstances, if Tradition is the source of his deduction, will require a considerable number of Traditions from which to make it.

      Imám Ibn Hanbal was the last of the four Orthodox Imáms. He was born at Baghdád (A.H. 164). His system is a distinct return to Traditionalism. He lived at Baghdád during the reign of the Khalíf Mamun, when Orthodox Islám seemed in danger of being lost amid the rationalistic speculations, (that is, from an Orthodox Muslim stand-point), and licentious practices of the Court. The jurists most in favour at Court were followers of Abu Hanífa. They carried the principle of analogical deduction to dangerous lengths in order to satisfy the latitudinarianism of the Khalíf. Human speculation seemed to be weakening all the essentials of the Faith. Ibn Hanbal met the difficulty by discarding altogether the principle of analogical deduction. At the same time he saw that the Máliki system, founded as it was on the "Customs of Madína," was ill-suited to meet the wants of a great and growing Empire. It needed to be supplemented. What better, what surer ground could he go upon than the Traditions. These at least were inspired, and thus formed a safer foundation on which to build a system of jurisprudence than the analogical deductions of Abu Hanífa did. The system of Ibn Hanbal has almost ceased to exist. There is now no Muftí of this sect at Mecca, though the other three are represented there. Still his influence is felt to this day in the importance he attached to Tradition.

      The distinction between the four Imáms has been put in this way. Abu Hanífa exercised his own judgment. Málik and Hanbal preferred authority and precedent. As-Sháfi'í entirely repudiated reason. They differ, too, as regards the value of certain Traditions, but to each of them an authentic Tradition is an incontestable authority. Their opinion on points of doctrine and practice forms the third basis of the Faith.

      The Ijmá' of the four Imáms is a binding law upon all Sunnís. It might be supposed that as the growing needs of the Empire led to the formation of these schools of interpretation; so now the requirements of modern, social and political life might be met by fresh Imáms making new analogical deductions. This is not the case. The orthodox belief is, that since the time of the four Imáms there has been no Mujtahid who could do as they did. If circumstances should arise which absolutely require some decision to be arrived at, it must be given in full accordance with the 'mazhab,' or school of interpretation, to which the person framing the decision belongs.^[29] This effectually prevents all change, and by excluding innovation, whether good or bad, keeps Islám stationary. Legislation is now purely deductive. Nothing must be done contrary to the principles contained in the jurisprudence of the four Imáms. "Thus, in any Muhammadan State legislative reforms are simply impossible. There exists no initiative. The Sultán, or Khalíf can claim the allegiance of his people only so long as he remains the exact executor of the prescriptions of the Law."

      The question then as regards the politics of the "Eastern Question" is not whether Muhammad was a deceiver or self-deceived, an apostle or an impostor; whether the Qurán is on the whole good or bad; whether Arabia was the better or the worse for the change Muhammad wrought; but what Islám as a religious and political system has become and is, how it now works, what Orthodox Muslims believe and how they act in that belief. The essence of that belief is, that the system as taught by Prophet, Khalífs and Imáms is absolutely perfect.^[30] Innovation is worse than a mistake. It is a crime, a sin. This completeness, this finality of his system of religion and polity, is the very pride and glory of a true Muslim. To look for an increase of light in the knowledge of his relation to God and the unseen world, in the laws which regulate Islám on earth is to admit that Muhammad's revelation was incomplete, and that admission no Muslim will make.

      It has been stated on high authority that all that is required for the reform of Turkey is that the Qánúns or orders of the Sultán should take the place of the Sharí'at or law of Islám. Precisely so; if this could be done, Turkey might be reformed; but Islám would cease to be the religion of the State. That the law as formulated by the Imám Abu Hanífa ill suits the conditions of modern life is more than probable; but it is the very function of the Khalíf of Islám, which the Sultán claims to be, to maintain it. He is no Mujtahid, for such there are not now amongst the Sunnís, to which sect the Turks belong. If through stress of circumstances some new law must be made, orthodoxy demands that it should be strictly in accordance with the opinions of the Imáms. The Shía'hs, in opposition to the Sunnís,