Baber Johansen
Baber Johansen Baber Johansen
18 In other words, human beings have the choice of obeying or not obeying God’s command, the choice between obedience and sin, but once they decide to obey, they have to follow the law. But on other occasions, SarakhsÐ seems to open the concept of the act that brings closer to God also for non-Muslims. 63 This position is also held by one of the greatest and most respected jurists of the ShÁfiÝÐ school, whose work has been commented on by the jurists of his school over the centuries, MuÎyÐ al- DÐn ibn Sharaf al-NawawÐ (1233-1277). Like Ibn ÝAqÐl, ShÐrÁzÐ and BÁjÐ before him, he holds that the performance of the act of worship, the cultic act, acquires its meaning and its spiritual rank through the actor’s intent to come closer to God. NawawÐ quotes approvingly the Khorasanian mystic, theologian and ShÁfiÝÐ jurist, ÝAbd al-Karim Ibn HawÁzin QushayrÐ (986-1072), 64 who in his famous RisÁla, a mystical treatise, defines sincerity of devotion (ikhlÁÒ) in the following words: Sincerity of devotion is to single out purposely the obligee to the [act of] obedience, in such a way that through his [act of] obedience he wants to come closer to God, may He be exalted, to the exclusion of anything else [...] but the coming closer to God, may He be exalted. It is valid to say: sincere devotion (ikhlÁÒ) purifies the mind (Ýaql) from the observation of the creatures, and truthfulness (Òidq) banishes [from it] self-observation. 65 NawawÐ sees the religious and legal importance of the cultic act based on the actor’s quest to come closer to God. 66 Like the above-quoted jurists, he distinguishes between acts of obedience (ÔÁÝa), acts that bring closer to God (qurba, taqarrub), and acts of worship (ÝibÁda). 67 An act of worship (ÝibÁda) is always an act of obedience (ÔÁÝa) that brings closer to God (qurba). An act that brings closer to God (qurba) does not necessarily have to be an act of worship. An act of obedience (ÔÁÝa) indicates that the actor respects the law, but its validity does not depend on the actor’s knowing that the purpose of his act is to approach God. NawawÐ uses this terminology to explain why non-Muslims cannot perform valid acts of Islamic worship, but are quite capable of performing acts that may please God. He states:
19 A prayer by an original non-Muslim (kÁfir aÒlÐ) or an apostate is invalid, and even if he had prayed in the period of his unbelief and had then converted to Islam we do not declare this to be a valid prayer performance. Rather, it [the prayer performance before conversion] would be null and void, without any objection. But if the non-Muslim performs an act that brings closer to God (wa-idhÁ faÝala l-kÁfiru l-aÒliyyu qurbatan), the declaration of intent is not a condition for its validity (lÁ yashtariÔu l-niyya li- ÒiÎÎatihÁ), such as charitable gifts, hospitality, one-sided obligations for kinsfolk (Òilatu l-raÎm), the emancipation of slaves, loans of fungible things (qarÃ) or of specific things for use (ÝÁriyya), acts of kindness (minÎa) and similar acts. If he dies as a non-Muslim (kÁfir) he will not have any rewards for it in the hereafter, but in this world he will take pleasure in them and he will have a richer and more generous way of living. If he converts to Islam, the correct opinion is that he will be rewarded in the hereafter [for the acts that bring closer to God which he performed before his conversion]. [This opinion is based on] the authentic ÎadÐth according to which God’s Prophet [...] said: ‘If the human servant [of God] converts to Islam and lives a good Islam (fa-Îasuna islÁmuhu), God will account for him every good act (Îasana) that he advanced’. This means [that all good acts] that he sent ahead (qaddamahÁ) [before his conversion to Islam count with God]. The meaning of ‘good Islam’ is that he converted to a real Islam without any hypocrisy. 68 NawawÐ distinguishes and separates the sphere of the cult as an exclusively Muslim realm from the sphere of those acts that are pleasant to God, but not cultic acts, and that can also be performed by non- Muslims. The cult distinguishes and separates Muslims and non- Muslims, whereas the acts that are purely pleasant to God but have no cultic status as Muslim acts of worship are accessible to Muslims and non-Muslims. Their ethical and moral status is restricted to the social world, to the relations between human actors. NawawÐ seems to refer to a
- Page 1 and 2: The Changing Limits of Contingency
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19<br />
A prayer by an original non-Muslim (kÁfir aÒlÐ) or an apostate is<br />
invalid, and even if he had prayed in the period of his unbelief<br />
and had then converted to Islam we do not declare this to be a<br />
valid prayer performance. Rather, it [the prayer performance<br />
before conversion] would be null and void, without any objection.<br />
But if the non-Muslim performs an act that brings closer to God<br />
(wa-idhÁ faÝala l-kÁfiru l-aÒliyyu qurbatan), the declaration of<br />
intent is not a condition for its validity (lÁ yashtariÔu l-niyya li-<br />
ÒiÎÎatihÁ), such as charitable gifts, hospitality, one-sided<br />
obligations for kinsfolk (Òilatu l-raÎm), the emancipation of<br />
slaves, loans of fungible things (qarÃ) or of specific things for use<br />
(ÝÁriyya), acts of kindness (minÎa) and similar acts. If he dies as a<br />
non-Muslim (kÁfir) he will not have any rewards for it in the<br />
hereafter, but in this world he will take pleasure in them and he<br />
will have a richer and more generous way of living. If he converts<br />
to Islam, the correct opinion is that he will be rewarded in the<br />
hereafter [for the acts that bring closer to God which he<br />
performed before his conversion]. [This opinion is based on] the<br />
authentic ÎadÐth according to which God’s Prophet [...] said: ‘If<br />
the human servant [of God] converts to Islam and lives a good<br />
Islam (fa-Îasuna islÁmuhu), God will account for him every good<br />
act (Îasana) that he advanced’. This means [that all good acts]<br />
that he sent ahead (qaddamahÁ) [before his conversion to Islam<br />
count with God]. The meaning of ‘good Islam’ is that he<br />
converted to a real Islam without any hypocrisy. 68<br />
NawawÐ distinguishes and separates the sphere of the cult as an<br />
exclusively Muslim realm from the sphere of those acts that are pleasant<br />
to God, but not cultic acts, and that can also be performed by non-<br />
Muslims. The cult distinguishes and separates Muslims and non-<br />
Muslims, whereas the acts that are purely pleasant to God but have no<br />
cultic status as Muslim acts of worship are accessible to Muslims and<br />
non-Muslims. Their ethical and moral status is restricted to the social<br />
world, to the relations between human actors. NawawÐ seems to refer to a
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