Difference of Opinion (Ikhtilaaf) Proves Islam’s Dynamism (2/4)

Hence interpretation forms a key aspect of the implementation of an ideology; such work is carried out by jurists as well as judges. When the classical scholars laid down the rules for usool al fiqh (foundations of jurisprudence), established their schools of thought each jurist established various principals to ensure interpretation never deviated from the Islamic sources. These techniques ensured an interpretation remained within the boundaries of the wording and meaning being indicated. The Jurists incorporated into their schools of thought the fact that although understanding the root word is important, it is not enough in itself to understand words. The Arabic language existed before the revelation of the Qur’an and all words already had their defined meanings and definitions. As a result a large section of Islamic jurisprudence is dedicated to the linguistic and Shari’ meanings of Arabic words. An example of this would be the word taubah. Linguistically it means ‘turning’ but the Shari’ah definition is repentance. The root word alone therefore is not enough to understand or interpret taubah. However understanding the root word is still important. This can be illustrated when Islamic jurists tell us the Shari’ah definition of repentance requires us to ‘turn’ away from forbidden thoughts, desires and deeds and ‘turn’ back to Allah (Subhanahu wa Ta’ala).

The cause of revelation is also an indicator to how each verse of Qur’an can be understood and applied however rulings are taken from the generality of the text and not from the specificity of the cause. This contributes to verses extending to differing realities otherwise each verse would be irretrievably linked to a specific situation that may never arise again. The fact that this principle exists is healthy and actually ensures Islamic jurisprudence is enriched with answers to contemporary incidents. However this principal also clearly shows a jurist the boundaries to interpretation.

In summary the process of interpretation or understanding texts is a very precise science. Like any process it is regulated by strict protocols and procedures. This is akin to conducting a scientific experiment; it would require knowledge of materials, methods, formulae and equations.

Applicability and Adaptability (Expansion)

Difference of opinion stems from the applicability of a legislative principle or verse upon numerous incidents. In Islam this is possible, as many of the rules have come within a general scope thus many rulings can be deduced from it. Islam is expansive enough to respond to all the new events. However many of these events may arise over the course of time. Below are a selection of rulings, outlining how they are derived from the Islamic sources, how they are applicable upon multiple realities and how the expansion in Islamic jurisprudence makes Islam relevant for all times and ages.

Inheritance:

 “Concerning (the inheritance) for your children: to the male is the equivalent of the portion of two females, and if they (children) were women more than two, then theirs is two-thirds of the inheritance.” (TMQ Surah An-Nisa: 11)

1. We understand that the male child takes double that which the female child takes.

2. We also understand that the child of the son (grandchild) is treated as the child in cases where there are no living children, because the grandchild is included in the word 'Walad' 'children.'

3. This is contrary to the children of the daughter, who are not treated like the children of the son where there are no living children. This is so because the children of the daughter are not included linguistically in the Arabic word for children ‘Walad’.

4. We understand also that if the children were females, and more than two in number, then they share in two-thirds of the inheritance. The Prophet (sallAllahu ‘alaihi wa sallam) made for the two females a portion equivalent to those who are more than two. So the rule in regard to the two females is the samerule for more than two females.

Intellectual Property:

“And give them from the property of Allah, which He gave to you.” (TMQ Surah An-Nur: 33)

“And spend from what He put you in charge of.” (TMQ Surah Al-Hadid: 7)

“And He has provided you with properties and offspring.” (TMQ Surah Nuh: 12)

“O you who believe Spend of the good things which you have earned, and of that which we bring forth from the earth for you.” (TMQ Surah Al-Baqarah: 267)

1. We understand from these verses that ownership in Islam is the permission of the Legislator for one to benefit from an asset. Private ownership is determined by the Shari’ah rule; this ascribes an asset or a service to an individual, thus enabling one to benefit from the asset and service itself. Thus, the right to own a thing does not arise from the thing itself or from the fact that it is beneficial as in the Capitalist model.

2. We also understand that ownership in Islam includes the right of disposal. The individual has authority over the thing that he owns. Islam enabled him to freely dispose of it and benefit from what he owns according to the Shari’ah rules. It also obliged the Khilafah to protect private ownership and laid down punishments to deter those who infringe upon the ownership of others.

3. We also understand that thoughts are not subject to ownership. However all ideas originate from the mind, hence the mind is the initial 'home' for any particular thought from the perspective of reality. Thus one can ignore it or dispense of it seeking a material value. However, once dispensed it cannot be copyrighted or patented as ownership has been transferred and the new owner has full rights of disposal.

4. On the other hand trademarks are sensed, tangible and have a material value because it is a component of trade. Therefore, it is allowed for an individual to own it and the Khilafah is obliged to protect this right of the individual who will be able to freely dispose of it, and others will be prevented from infringing upon this right.

5. We also deduce the definition of ownership which is the ‘permission of the legislator to benefit from an asset or service.’

(Continued)