Outline the processes involved in Islamic jurisprudence and assess its importance for the ethical guidance provided for Muslims
The religion of Islam provides clear ethical guidance for its adherents across a wide range of issues and concerns. The process of determining the guidance to be given is known as Islamic jurisprudence. Through this process, judgments are made and applied to situations where ethical decisions are required.
Muslim ethical judgment ultimately leads to a decision about what is permitted or halal and what is forbidden or haraam. In principle if something is not forbidden then it is permitted. However, simply because something is permitted does not mean that it should be done.
In living Shari'ah and making decisions about what should be done a number of aspects need to be considered. It is not sufficient to simply choose actions that are halal and act as if these were ethically acceptable. The application of key aspects is required to determine appropriate action.
The first aspect relates to the consensus of respected scholars. This consensus is known as qiyyas. It is also important to consider the views of respected people and leaders in the community. If the consensus of these respected people is against doing something then it would be wise to avoid it, even if it were not haraam.
The second aspect is to look at the precedent of previous decisions. In all but a few cases there will have been similar circumstances faced in the past and the precedents of the decisions taken should strongly guide the response to the present situation.
There is of course need for prudent application of these precedents as two situations which appear the same on the surface may in fact be quite different in their context.
The third aspect is that of the common or public good, the welfare of others and an overall concern for justice. An action which is not forbidden may still be evidently harmful to many people in the given situation and accordingly should be avoided. In considering any situation, the possibility of harm to one's self or to others should be regarded as a serious deterrent to the action in question.
With these aspects in mind it is possible to make a prudent judgment on the situation. This judgment is essentially a decision about whether a permitted action is a prudent or desirable one.
Some things are regarded as forbidden (haraam) and should never be done. These include things such as adultery which can never be regarded as a permissible action regardless of the circumstances. The use of alcohol is another action which is regarded as haraam by Muslims.
As noted, if something is not forbidden then it is permitted, however, because something is permitted it does not necessarily mean that it is desirable or appropriate. In the realm of the things that are permitted or things that are halal, there are a number of categories or levels.
The most important are those things which are required actions or behaviours. Examples of these would include the five pillars. Those things which are required actions are known as fard or wajib. For most Muslims, fard and wajib are identical, however in some schools of thought fard refers to obligations stemming from revelation while wajib refers to obligations stemming from reason.
Fard and wajib can be identified in two forms. One involves a personal obligation while the second is an obligation on the Muslim community as a whole.
The second level of halal actions are known as mandub or mustahab. These are actions that are desirable or recommended. Additional charitable activities or prayers, gestures of hospitality, forgiving wrongdoing etc are all regarded as mandub or mustahab.
It is quite straightforward to judge an action as mandub or mustahab. For example, Islam has a clear ethos requiring justice in a community and the care of and provision for the disadvantaged members of the community. Therefore any action which was undertaken in the cause of justice or with the intention of assisting the poor would be recommended or encouraged.
The third level of halal actions are known as mubah. These actions fall into the realm of the unclear and require the prudent exercise of personal judgment. Mubah refers to situations where there is no clear guidance in the Qur'an or in judgments of authorities in Islam. In these situations an individual must choose the correct action based on the principles outlined above.
Actions regarded as mubah are the most difficult and problematic. Inevitably there will be situations that arise which are not addressed in a specific way in the Qur'an or through any judgment of Islamic jurisprudence. This is particularly likely to be the case where situations or circumstances in society are changing and there are no established precedents or judgments that can be applied.
The advent of new technologies in modern societies is constantly providing new situations for which there are no established judgments. Actions in response to these situations are regarded as mubah. Individuals will need to make prudent judgments of their own.
These judgments should, where possible, be made in consultation with respected members of the Muslim community. If this is not possible then at least the principles of avoiding harm to self and others should be applied.
The final level of halal actions are those which are not recommended or are not approved. These actions are known as makruh and are officially regarded as hateful, yet are not absolutely forbidden. These actions should be avoided when ever possible. Ending a marriage through divorce is an example of makruh. Smoking cigarettes is another example of actions that are regarded as makruh.
The recognition of actions that are halal and haraam are important factors in assisting Muslims to take ethically appropriate actions. When something is forbidden (haraam) there is no need for any further judgment. The haraam action is never to be done under any circumstances.
The fact that actions are permitted (halal) does not remove the need to apply prudent judgments about the appropriateness of the action. There are a number of levels of permitted actions ranging from those that are required to those that are permitted yet are regarded as hateful. Muslims are expected to follow a number of important guiding principles in order to judge the appropriateness of such permitted actions. The most simple and fundamental test that can be applied is the question about whether the action will be harmful to either self or others.