The age-old dream of the human caravan is not to send astronauts in their orbit in outer space.. it is to send its individuals - every single individual in his orbit of self-realization. It is high time that this dream be thus reinterpreted. It is also the sacred duty of every man and woman to help intelligently reorientate human endeavour towards the culmination of this pilgrimage.

Mahmoud Muhammad Taha - Answers to the questions of Mr. John Voll - 17.7.1963

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Foundations of Sudan's Constitution

Determinism, Free Will, and the Law


The conflict between the subconscious mind and the conscious mind has another manifestation: the issue of determinism (jabr) and free will (ikhtiyar).
This is a fundamental issue that has repeatedly appeared and disappeared throughout the history of human thought without ever reaching a definitive resolution. Yet, resolving it is essential for an important educational matter, both at the individual and collective levels.
We are almost certain that this issue must be resolved if we are to develop a new method of education - one that enables each individual to reeducate themselves, forming a correct understanding of existence.
This is a crucial matter, the importance of which we have previously emphasized.

Law and the Quran


The Quran foretells that humanity, on this planet, will return once more to the question of determinism (jabr) and free will (ikhtiyar).
It not only foretells this return but also offers the final solution to this long-standing historical issue when it declares: "Do they seek other than the religion of Allah, while to Him submits whoever is in the heavens and the earth, willingly or unwillingly, and to Him they will be returned" (3:83).
This verse dispels the illusion that we possess independent will and aligns all of the Quran’s commandments to strengthen human intellect, enabling it to confront truth, for existence is a unity, governed by a single will, from its tiniest particles to its suns. This will is the natural law, which has delineated the beginnings and ends of the diverse worlds and the lives teeming within them. It has also meticulously charted their paths in between, leaving no room for chance; everything within it occurs with precise calculation and predetermined measure. This intricate and exact natural law is the imprint of the eternal Grand intellect, of which our limited, individual minds are but sparks.
The Quran seeks to liberate our minds by connecting them to this Eternal Intellect, binding them to laws as precise and unified as the natural law. This connection harmonizes our divided minds - subconscious and conscious - into a unified whole, capable of reconciling and uniting the diverse manifestations of life. Thus, the correct image of life and the true nature of the environment we live in, will be established in our minds.

Law and Codification


By virtue of the Law of Unity (tawhid) in the Quran, the human intellect is strengthened to discern subtle differences between means and ends, even when the means themselves form part of the end. Thus, we come to know that the individual is the ultimate end, while the community is the means to achieve that end.
This gave rise to two outcomes: First, the Quran contains a constitution primarily for the individual and secondarily for the community. Second, the Quran achieves a harmonious balance between the needs of the individual, its ultimate goal, and the needs of the community, its means. Thus, no conflict arises that would necessitate the sacrifice of either.
This precise alignment is evident in the legislation of hudud (prescribed penalties), where it reaches its highest manifestation. Allah Almighty says: “These are the limits set by Allah, and whoever transgresses the limits of Allah has certainly wronged himself” (2:229). Even if the transgressor mistakenly believes they have wronged others, enforcing the punishment on them is, first and foremost, justice for themselves against their own wrongdoing, and secondly, justice for others against them.
This harmony is also evident in the laws of retribution (qisas). Allah Almighty says: “And there is for you in retribution [saving of] life, O you of understanding, that you may become righteous” (2:179). Retribution preserves the life of the individual against delusions, stimulates their intellect, and broadens their imagination. It also ensures the life of the community on whose behalf justice is served, through the preservation of its order and the stability of its security.
Thus, we believe the prescribed penalties for adultery, drinking alcohol, theft, false accusations of adultery, and highway robbery must be enforced. Similarly, our legislation must adopt the principle of retribution, as it achieves two objectives: Firstly, the alignment of individual and community needs, and secondly, the positioning of the individual on the path to achieving absolute personal freedom. By enforcing retribution, we effectively tell individuals: “You are free to think as you wish, to speak as you think, and to act as you speak, with one condition: you must pay the price of this freedom, which is to bear the responsibility for the consequences of your actions.” If you wrong someone, you will face equivalent retribution.
We must not deviate from the law of retribution (qisas) except in cases where its application is not possible. In such instances, we must ensure that our punishment is as close as possible to the principle of retribution.