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By Auwais Rafudeen
There appears to be a general interest by many Muslim scholars today to stress the spirit behind the Shariah rather than its outer or formal form. This is not to say they discard the formal form: on the contrary, they strive to understand the spirit behind the Shariah precisely because they have such a good grasp and appreciation of the latter.
So, for instance, take the scholars who pursue the discipline known as the objectives of the Shariah [maqasid ul Shariah]. This discipline teaches scholars how to look behind the formal aspects of the Shariah to its broader objectives and to take these into consideration when applying the law. But it precisely these scholars' grasp of the formal aspects of the law that leads them to a study of its objectives.
Similarly, scholars of tasawwuf (Islamic spirituality) naturally gravitate towards looking at a person's heart or spirit in his or her approach to the Shariah, and not that much on the formal aspects of the law. But no recognized, credible practioner of tassawuf would advocate discarding the law to focus on the spirit. Indeed, the battle against the lower self pre-eminently means that one subjects oneself to the dictates of the Shariah and historically Sufis have been the most foremost observers and upholders of the formal aspects of the law.
In the science of aqidah (Islamic belief) there is a more nuanced awareness of the difficulties and complexities in judging a person's belief based upon their formal utterances and actions. Callous and wild accusations of 'kufr' (disbelief) and 'shirk' (polytheism) appear to be currently more muted with people- perhaps more because of the political implosion in the Muslim world- more prudent in judging another's belief. Even so, scholars who have gone out of the way to explain why any particular person's seemingly problematic utterance should be seen metaphorically, for example, are simultaneously careful in not overstepping formal boundaries in their expressions in this area.
This going beyond the formal is, of course, a good thing. It is chiefly a reaction against the dry formalism and literalism that characterized certain important strands of Muslim discourse in the late 20th century. It is indisputable that the spirit behind the law is ultimately more significant than its formal aspect. The carrying out of formal duties is based, firstly, on believing with one's heart; secondly, an awareness that carrying out these duties brings spiritual and emotional fulfillment; and, thirdly, that sooner or later our intellect finds carrying out these duties the most rational thing to do and consequently finds its own fulfillment. And yet, and this is the key point, it is precisely in constantly engaging the formal aspect that we find spiritual and intellectual fulfillment and thus these forms cannot be abandoned.
The issue of the hijab- perhaps the most visible public symbol of formal Islam- is pertinent in this regard. We know that 'clothes maketh not the man' and equally a formal observance of hijab does not complete a woman. And, yes, there are many Muslim women who do not adhere to the hijab but have beautiful qualities. And, yes, there are women in hijab who may have less than ideal qualities (and we all are prone to mistakes and may Allah forgive us all). But a formal observance of the hijab is nevertheless a requirement of our religion. But one cannot stop at the formal. One has to be aware of the moral and spiritual purposes of the outward garment to fully appreciate its observance. Firstly, and most fundamentally, it represents obedience and submission to the Divine command, and thus is a continuous act of worship (an ibadah) in its own right. The wearing of the hijab then lays the formal groundwork for an intimate consciousness of the divine. Morally it helps society channel sexual conduct into acceptable spheres (it must not be forgotten here that hijab is also in the eyes of men and they have an equal responsibility in ensuring that the proper mores are maintained). On another level the hijab is a metaphor for the divine hijab: just as Allah's grandeur is enclosed and needs to be discovered by spiritual journeying, the hijab encloses the exalted spiritual nature of women.
But the realisation of this morality and spirituality can only take place by observing the formal aspect of hijab. Arguing that we can have this spirit behind the hijab- intimate consciousness of the Divine, for example- without adhering to the hijab misses the point. It is precisely the form that makes us reflect upon the spirit, and it is this reflection upon the spirit that reinforces the importance of the form.
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