By Ahmed Hammuda
5 December
2020
Part 1
The
scholars of Islam are the world’s beacons of light. They carry the heritage of
the Prophets of Allāh and are entrusted to speak the truth, “struggling in the Way of Allāh, fearing no
blame from anyone.”[1]
Allāh says:
“(Remember, O Prophet)
when Allāh took the covenant of those who were given the Scripture to make it
known to people and not hide it, yet they cast it behind their backs and traded
it for a fleeting gain. What a miserable profit!”[2]
Today, it
is becoming rarer to find pure objectivity among the scholars who are
surrounded by tyrants and are under governmental pressure amidst politicised
religious institutions, tempting salaries, or obstinate allegiance to groups
and organisations.
The Qur’ān
rebukes with the harshest terms the ‘politicised’ scholarly class of old,
particularly Judaic rabbis who knew the truth, not only for bending or
obscuring it for the sake of the ruling classes and a petty wage, but for
simply remaining silent before the depravities of society. They ‘ate’ (made a
living) out of their silence:
“They eagerly listen
to falsehood and consume forbidden gain…”[3]
Realising
that they were the custodians of the truth and in fear of being like those who
“hide Allāh’s revelations, trading them for a fleeting gain”,[4] the scholars
of Islam went to fascinating lengths to maintain their crucial independence
from corrupting and manipulating forces in the ruling class.
By Allāh’s
will, these articles will reveal some examples of this and show how the
scholars of Islam exposed the historical alliances between ‘fraudulent
scholars’, ‘evil leaders’, ‘abhorrent mystics (Sūfiyyah)’, and ‘corruptible
judges’ to preserve their independence and impact on society.[5]
The father
of the Imam and Muhaddith, Yazid b. Zari’ (d. 183AH), was the ruler of the city
of Al-Abla in Iraq. It is said that when he died, he left Yazid an enormous
inheritance. However, fearing that it would compromise his own scholarly
independence, Yazid left it untouched as his father was employed by the state.
Similarly, Abu al-Qāsim al-Bāji al-Andalūsi (d. 493 AH) “abandoned his father’s
inheritance – for having accepted gifts from the Sultan – despite it (the
inheritance) being abundant.” It is said that his father, Abu al-Walīd al-Bāji
(d. 474 AH) left behind 50,000 dinars, and that Abu al-Qāsim’s abstinence from
his father’s wealth left him impoverished.[6] These fascinating stories reveal
the extent of the impositions the scholars of Islam put in place to maintain
their scholarly integrity, control their relationship with the authorities, and
ensure no conflict of interest.
Throughout
Islam’s vibrant history, such rigorous conditions were what qualified these
scholars to endure as the leaders of Islamic legislation, Fatwa, the judiciary,
objective guidance, and education. By keeping their distance from political
authorities, this group of esteemed scholars remained in the sphere of the
laity, systematically strengthening the common people while intentionally
reducing the size of the establishment. We will focus on the methodology
employed by the collective scholarly community to ensure this gulf,
notwithstanding the fact that certain individual scholars did involve
themselves with the state either temporarily or for a particular benefit.
Keeping their Distance
Scholars
exerted every effort to maintain their distance from the political authorities
at two primary levels: an internal level related to how they addressed the
scholarly community itself, and an external level related to their relationship
with the public, including the contribution of the latter in ensuring that this
distance is maintained.
At the
internal level, scholars would consistently warn one another against mixing
with political leaders or royalty, or from accepting money from them through
salaries or rewards. Imam Sufyān al-Thawri (d. 116 AH) refused his legitimate
share of the war booty, reasoning: “I know it is permissible for me, but I
would hate that a form of love transpires in my heart for them (political
leaders and princes).”[7]
It seems
that by the 5th century AH, more scholars began relying on gifts from the
Sultan as state-sponsored institutions and organisations began to entrench
themselves, including schools that began operating independently from the
Masājid. Many scholars thus became apprehensive that such an arrangement would
weaken scholarly independence, warning that such provisions were unprecedented
in Islam’s former eras. Imam al-Ghazāli (d. 505AH) states:
“Sultans
would only gift to those who they wanted to use for their own interests,
beautifying themselves by involving (those scholars) in their gatherings, and
tasking (those scholars) with making du’ā, extolling and applauding them in
both their presence and absence.”[8]
Al-Ghazāli
expounds further in what almost sounds as if his recommendation to scholars was
one of complete disconnection with the political establishment:
“If it were
not for the fact that those (scholars) who take (money from the political
authorities) are not humiliated by first, needing to ask; second, becoming
hesitant to serve; third, praising and making du’ā (for the ruler); fourth,
helping him (the ruler) when requested; fifth, increasing his numbers in his
councils and processions; sixth, showing him love, loyalty, and support against
his enemies; and seventh, covering up his injustices, flaws, and sins, they
would not have been afforded a single dirham, even if they were as good as
(Imam) al-Shāfi’ī (Rahimahu Allāh).”
“Thus,
today it is impermissible to take a single dirham from them, even if one knows
it to be Halal, because of the aforementioned. How, then, if one knows that it
(the wealth) is Haram or dubious? As such, those who have the audacity to take
their money and then liken themselves to the Companions and the Tābi’īn has
indeed likened the angels with blacksmiths.”[9]
During what
is known as the ‘Era of the Petty Kings’, the scholar Ibn Bisām al-Shintirīni
(from modern-day Portugal) wrote a book titled Al-Dhākhira fī Mahāsin Ahl
Al-Jazīra (The Repository of Beauties of the People of Cordoba). The book
details the history of Islamic Spain, particularly leading up to and including
the troublesome era in which Ibn Bisām lived in. In his works, he slams the
scholars who sold out to the political establishment and who benefited from
“the gifts of the (petty) kings who took the worst forms of taxes and hideous
tolls, bringing onto themselves the mistrust that comes from such a filthy
appetite. I presumed the scholars of Shūra were hiding the reality of their
incomes, until I heard the best of them pleading and eagerly waiting for it, and
as such this matter was exposed to me. And they (those scholars) know better
what they are up to – despite being role models – may Allāh not make them such
for us.”
Severe Warnings from the Scholarly Community
In his
Maqāmāt, the famous Mu’tazilite scholar al-Zamakhshari (d. 539AH) validly asks:
“What is it with evil scholars gathering and writing down the definitive
aspects of the Sharī’ah, only to give (undue) concessions to evil rulers (in
those same aspects)?”
Warning
scholars from issuing verdicts suited to the appetites of the ruling political
authorities, Shihāb al-Dīn al-Qarāfi (d. 684AH) says: “It is not appropriate
for the Mufti to have two opinions on a matter, one sterner than the other,
such that he issues the sterner verdict for the laity and the easier one for
the rulers. This is very nearly (a type of) deviance (Fusūq), a betrayal of
one’s religion, a form of manipulating Muslims, and evidence of one’s lack of
veneration of Allāh.”[10]
Al-Qarāfi’s
appeal to a scholar’s fear of Allāh is unsurprising, as such fear should come
hand in hand with a person’s knowledge, and those of knowledge should
correspondingly be the most honest and morally conscious. Allāh says:
“It is only those who
have knowledge among His slaves that fear Allāh. Verily, Allāh is All-Mighty,
Oft-Forgiving.”[11]
In his
Tabaqāt Al-Shāfi’i, Tāj al-Dīn al-Subki (d. 771AH) argues that compromised
scholars, in fact, corrupt the political authority itself. He asserts:
“Deviant
scholars, in fact, destroy sultans. This is because scholars are either
righteous or evil. The righteous of them will hardly ever frequent the doors of
kings. The evil of them will instead throw themselves onto them, then finds no
alternative but to follow their whims and dilute their extraordinary misdeeds.
His (evil) to society is worse than that of a thousand devils, just as a
righteous scholar is better than a thousand worshippers.”
Imam Taqi al-Dīn al-Husni al-Shāfi’i (d. 829AH)
adds:
“The most
deviant (Fāsiq) of Muslims are the evil scholars and deprived and abhorrent
mystics who frequent the oppressors whilst knowing what the latter are up to,
including drinking alcohol, all kinds of immorality, taking (forbidden) tolls
(Mukus), oppressing people on a whim, shedding blood, and subduing those who
call them to what is contained in the scriptures and what was revealed on the
messengers. As such, do not be deceived by the actions of these (evil) scholars
and deprived (mystics).”[12]
According
to Imam al-Husni, the unreserved mixing of scholars with corrupt rulers only
legitimises the latter’s sins and injustices in the eyes of the public, even if
such mingling is done ‘in the interests of the greater good’:
“Of the
greatest calamities is that the oppressors… take people’s wealth
illegitimately, then use it to feed (the poor) in charity, and thus their ill
omen is transferred to the poor. Worse still is that evil scholars and
abhorrent mystics frequent these oppressors. Little do these fools know that by
them doing this, they are inviting the Harām (onto themselves).”
Imam
al-Husni further held that the banquets of sultans should not be attended by
the scholars because they are gatherings of “the worst of people…like the
emissaries of oppressors and corruptible judges.”
And Allāh knows best.
----
Notes:
[1] Al-Qur’ān 5:54
[2] Al-Qur’ān 3:187
[3] Al-Qur’ān 5:42
[4] Al-Qur’ān 2:174
[5] Article contents sourced from
original article < https://www.aljazeera.net/turath/2019/11/12/ فضحوا-تحالف-فسقة-الفقهاء-و-أمراء-السوء > by Dr. Mohammad al-Sayyad, rendered into English with
modifications and slight rewording. All original scholarly quotes can be found
in the original article and have been rendered into English to the author’s
best ability and to their closest meaning. This obviously loses much of their
original eloquence and depth.
[6] Siyar A’lām Al-Nubalā’ – Al-Thahabi
[7] Rawd Al-Akhyār Al-Muntakhab min
Rabī’ Al-Abrār – Ibn al-Qāsim al-Amāsi
[8] Ihyā ‘Ulūm al-Dīn – Imam al-Ghazāli
[9] Ihyā ‘Ulūm al-Dīn – Imam al-Ghazāli
[10] Al-Ihkām fī Tamyīz Al-Fatwa ‘an
Al-Ahkām
[11] Al-Qur’ān 35:28
[12] Kifāyat Al-Akhyār fī Hal Ghāyat
Al-Ikhtisār
----
Ahmed Hammuda is a regular contributor at
Islam21c. His interests lie in Qur'anic Tafsir and the field of Middle East
Affairs and how they reflect on Muslims living in the West. He is an Electrical
Engineer by trade and has been involved in various Da'wah activities over the
course of his education and working life. He has transferred the same
analytical approach required in engineering into a careful and measured
approach in his views and positions.
Original Headline: Preserving Islam’s Scholarly
Independence
Source: The islam21