In the contemporary Muslim world, the definition and application of Sharia have been drastically altered, leading to significant intellectual and cultural erosion. Historically, Sharia was revered as the Divine Law, the ideal Way that Allah intended for humanity. It was perceived as a mercy for the entire world, embodying perfection because it emanated from Allah Himself. The role of fiqh, the interpretation of the Quran and Sunnah, was essential in understanding and applying this Divine Law. The Sharia was an aspiration, a divine ideal that no one claimed to fully understand, as doing so would equate a person with the Creator. The Islamic legal tradition was founded on a pluralistic and exploratory spirit, making it distinctive in the classical world.

A jurist, although considering his opinion as sound, was always cognizant of the fact he may be incorrect. On the other hand, although he held the belief that others are wrong, he was always cognizant of the possibility that they also may be right. This ethos, based on humility, underscored the sincere effort to intellectually examine the Quran and Hadith, striving to emulate Allah’s attributes of mercy and justice. The Sharia was considered as the perfect ideal, and every effort to understand its perfection was viewed as incomplete, fostering continuous engagement with the Quran and Sunnah.

Today, however, Salafis and Wahhabis have convinced the world that Sharia consists solely of the positive commandments (ahkam) produced by their jurists. They arrogantly claim that their pronouncements are the words of God Himself, leaving no room for debate. This innovation (bid’ah) has gone largely unchecked due to the extinction of traditional Islamic education systems and the widespread influence of well-funded Wahhabi propaganda.

Historical Schools of Thought: A Rich Intellectual Tradition

In the classical period, no single group claimed exclusive authority over the Divine Law. Jurists from various schools worked continuously to produce laws suitable for the Muslim world and humanity at large. At one point, there were about 100 legitimate schools of thought, all striving to create a coherent legal framework for society. Among these now-extinct schools were those of Ibn Abi Layla (d. 765) Sufyan Al Thawri (d. 777), Ibn Jarir Al Tabari (d. 923), Abdullah Ibn Shubruma (d. 761), Al-Layth bin Sa’d (d. 791), Sharik Al-Nakhai (d. 803), Al Awzai (d. 773), Ibrahim Abu Thawr (d. 854), Dawud bin Ali bin Khalaf (d. 884), and many others. Despite their extinction, the arguments and legal perspectives of these schools still contribute to Islam, and are preserved in encyclopedic volumes for the few scholars who still show interest.

The bid’ah of the Salafis and Wahhabis lies not only in ignoring this rich intellectual history but also in their disregard for their laws’ consequences. They create laws and absolve themselves of responsibility for their outcomes, claiming that these laws are directly from the Sunnah. To them, Sharia is a pre-defined set of laws to be followed without question, neglecting the interpreter’s role in producing these laws. They fail to recognize that human agency is integral to mandating the law, leading to the mass production of ahkam by merely referring to texts wherever applicable.

The Complexity of Islamic Law

Islamic law is a comprehensive system that includes objectives (maqasid), principles (qawaid), methodologies of analysis (usool al fiqh), and commandments (ahkam). By ignoring their interpretive role, Salafis lack proficiency in these foundational elements, rendering their final ahkam at times nonsensical. The Islamic heritage is intellectually intensive, with extensive work done by classical jurists on various arguments and discussions. However, Salafis dismiss these contributions, and the whole process of deliberation as corruptions, anachronistically returning to the earliest sources for their rulings. Not rooted in established legal schools or madhabs, and ignoring all modern epistemological methods, they avoid the intellectual burden required for producing laws for societies that are capable of justice and beauty. Classical jurists have long ago agreed that even if a jurist was wrong, Allah will not hold such a jurist liable, on the condition that he exerted due diligence in searching for an answer. This is the basis of the Prophet’s  (peace and blessings upon him) hadith, “When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him.” Salafis, often uphold their ahkam above scrutiny, claiming they’re representing Allah, but fail to deliver on the much needed due diligence that may present counter arguments to their commandments. They avoid anything that may criticize, weaken or dismantle their mode of interpretation of the Quran and Sunnah.

These ahkam produced by Salafis have numerous applications and consequences for Muslims which can significantly alter people’s daily lives. Yet, Salafis irresponsibly waive these repercussions, deeming the textual proofs as “clear.” They fail to understand that the diversity and richness of Islamic intellectual history stem from serious engagement with the Quran and Sunnah. There was deliberate human effort in producing law, as a law resulting in an ugly society could not be from Allah, who is associated only with what is beautiful and just. Salafis absolve themselves from their laws’ effects, resorting to coercive methods to enforce compliance. Their lack of intellectual capacity in this area is compensated by arrogance and affectations. They wear the insignia of “pious” people, speak polished Arabic, cite Hadiths, and display an arrogant demeanor to assert their authority. Moreover, they depend on the erroneous paradigm propogated by Wahhabis that their interpertation is the only one that is correct, and that they speak on behalf of Allah. Tragically, many Muslims worldwide fall for this façade, despite their fitra or natural disposition that is unwilling to accept some laws because of its highly unjust nature or inapplicability.

The usurpation of Sharia by Wahhabis and Salafis represents a profound shift in Islamic jurisprudence and a departure from the rich intellectual traditions that once defined the Muslim world. The erosion of traditional Islamic education and the rise of a homogenized, authoritarian interpretation of Sharia threaten the diverse and merciful essence of Islam. Recognizing and addressing this issue is crucial for preserving the true spirit of Islamic law and ensuring justice and beauty in Muslim societies.