Arabic Thought and Its Place in HistoryO'Leary, De Lacy
ReligionIslamic
Arabic Thought and Its Place in History
O'Leary, De Lacy
Philosophy, Arab
slight extent did he avail himself of the evidence of tradition, to a
much larger extent he employs _qiyas_ or “analogy,” which means that
a new condition is judged by comparison with some older one already
treated in the Qur´an, and he also employed what he called _istihsan_,
“the preferable,” that is to say, what seemed to be equitable and
right even when it diverged from the logical conclusion which could be
deduced from the revealed law. Only in this latter case did he admit
what can be described as “opinion,” and this is strictly limited to
the adoption of a course necessary to avoid an obvious injustice.
As thus stated, Abu Hanifa’s system was broader, milder, and more
reasonable than any other treatment of the Islamic law: but it is a
mistake to suppose that it still is mild and reasonable, for in the
course of time the decisions pronounced as to “the preferable” have
become hardened into precedents and the Hanifite code expresses only
those fixed decisions of early mediæval Islam without flexibility. The
case is parallel with the English treatment of equity. In older times
equity shows us the philosophical principles of justice correcting the
defects of common law; but modern practice displays these principles
fossilized as precedents and as rigid and formal in their application
as the common law itself. As first conceived, “the preferable” shows
the influence of Roman law and Greek philosophy, both of which
contemplated an objective standard of right and wrong which could be
discovered by investigation, the Stoic teaching, predominant in Roman
law, tending to treat this discovery as intuitive. Unsupported by other
evidence, we might hesitate to suggest that _istihsan_ necessarily had
a Hellenistic basis, but when we compare the ideas of Abu Hanifa with
the contemporary teaching of Wasil b. `Ata (d. 131) in theology, we
are forced to the conclusion that the same influences are at work in
both, and in Wasil these are certainly derived from Greek philosophy.
We are not justified in supposing that Abu Hanifa ever read the
Greek philosophers or the Roman law, but he lived at a period when
the general principles deduced from these sources were beginning to
permeate Muslim thought, though in fact his teaching tends to limit and
define the application of the general principles according to a system.
The older Muslims supposed that good and evil depend simply on the
arbitrary will of God, who commands and forbids as he sees fit: it was
the influence of the Greek philosophy which brought in the idea that
these distinctions are not arbitrary but due to some natural difference
existing in nature between good and evil and that God is just in that
his decrees conform to this standard.
Public-domain text, read in full here on John Shaqi.
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