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64chapter oneThe principle of ÈanÊfiyya is embodied in MuÈammad’s message of atheory of limits ( al-Èudåd). 54As for the problem of historical change and the potential constantevolution of what is ‘fair and just’, we need to recall that historicalcircumstances govern most ethical rules. New, unprecedented ethicalrules will have to be introduced in the light of new developments inhuman society, and new ethical rules, of which we have yet noknowledge, will have to be created in the future. Today, we are askedto apply the principle of ÈanÊfiyya to our contemporary community(milla), which we do by following the example of the community ofAbraham. In order to achieve this, Allah has given us the principlesof moral behaviour, its foundation and ethical boundaries, but Hehas left it to us to formulate ethical rules according to the idea ofÈanÊfiyya.Exactly how this is done is a matter of historical variance anddiffers from one place to another and from one historical period tothe next. ‘Doing what is fair and just’ in terms of working in a factory,for example, depends on the existing conditions of production.And the conditions of production are often troublesome and oppressive;so we hear the Book calling: ‘So establish weight with justice andfall not short in the balance.’ ( Al-RaÈm§n 55:9). This implies, however,that the conditions of production might change and develop,primarily because of the effects of scientific and technological progress.Means of transport and the driving conditions differed tremendouslybetween the late and the early twentieth century. We needto be aware that if we applied the same old rules of driving todaywith our current means of transport and much-improved infrastructure,we would be in danger of ceasing to be ‘those who do righteousthings’ because, as we said before, this would not apply the principleof ÈanÊfiyya of Abraham’s community. Its core message is to takehistorical change into consideration and to adapt the concept of‘doing what is fair and just’ to the actual conditions of the time andthe place in which it is to be practiced.54This theory is fully explained in chapter 4. It basically contains MS’s fundamentalposition that the Qur"an should not be regarded as a book of codified lawthat stipulates exact punishment for specific crimes but, instead, only indicates theouter boundaries (the upper and lower limits of moral and social tolerance) in God’slaw. Human legislation, thus, should not take place with these outer boundaries butin between them.

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