Shari’a in The Service of Absolute Individual Freedom
The acts of worship in its entirety are individualistic because it revolves around the hidden conscience (ḍamīr al-mughayyab). This statement is not undermined by the fact that some acts of worship are performed in congregation. Indeed, all Islamic practices, whether in worship or transactions, fundamentally focus on the conscience. From this comes the saying of the Infallible (the Prophet): “A person’s intention is better than his action.” Intention functions within action as the soul does within the body: if the soul departs from the body, it becomes corrupt, disintegrates, and turns to scattered dust. This is alluded to in the noble verse: “And We will regard what they have done of deeds and make them as dust dispersed” (25:23), for it is a deed without a soul - or rather, without a sincere intention for the sake of Allah.
Sin begins in thought, and thought is the discourse of the conscience. If the veiled conscience harbors sin, then its thoughts become evil. These evil thoughts persistently press upon their owner until his tongue expresses them, making his speech evil. This evil speech then continues to urge its owner until it manifests in action, making his deeds evil as well. Therefore, if an individual thinks evil in his hidden conscience, speaks evil, and his limbs move to commit evil deeds, then his freedom must be withdrawn and restricted. However, this restriction must be for his own benefit first, and for the benefit of the community second. It is for his benefit if it results in education that makes him worthy of regaining his freedom anew, with the ability to use it properly.
Undoubtedly, legislation, whether concerning social customs or acts of worship, serves as an educational framework aimed at guiding individuals and societies from rigidity and harshness toward refinement and humanity. The more people are hardened in heart and dulled in sensitivity, the more stringent the laws become, imposing heavier constraints and obligations. Had people truly fulfilled their responsibilities as they ought to, they would not have been burdened in matters of their livelihood or their afterlife. Allah Almighty says: “What would Allah do with your punishment if you are grateful and believe? And Allah is ever Appreciative and Knowing” (4:147). The need for education, taming, and guidance is what necessitated the prohibition of certain acts and the imposition of strict obligations. Prohibitions and obligations were introduced in proportion to the need for them.
We have spoken sufficiently about the strictness imposed on the individual during the early stages of human society in ancient times. If we turn to the modern eras - the eras of the scriptural religions known to us - we find that the principle remains consistent and unchanged. The Qur’an speaks to us about the Jews, saying:
“So for wrongdoing on the part of the Jews, We made unlawful for them certain good foods which had been lawful to them, and for their averting many from the way of Allah, and for their taking of usury while they had been forbidden from it, and their consuming of people's wealth unjustly. And We have prepared for the disbelievers among them a painful punishment.” (4:160-161). The Quran also says about the Jews: "And [recall] when Moses said to his people, 'O my people, indeed you have wronged yourselves by your taking of the calf [for worship]. So repent to your Creator and kill yourselves. That is best for [all of] you in the sight of your Creator.' Then He accepted your repentance; indeed, He is the Accepting of Repentance, the Merciful." (2:54)
Due to the hardness of their hearts and the dullness of their senses, strictness was imposed upon them: good things were forbidden to them, and, as part of their repentance, they were commanded to physically kill themselves. This is related to what we previously discussed regarding the sacrifice of individuals on the altars of worship in the early stages of human existence.
As the individual human being advanced somewhat and no longer required such strictness for discipline, it was eased for him. Thus, the legislation concerning the nation of Muhammad came to state: "Say, 'I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal, or blood spilled out, or the flesh of swine - for indeed, it is impure - or it be [that slaughtered in] disobedience, dedicated to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit] - then indeed, your Lord is Forgiving and Merciful.'" (6:145). The Quran also says about the nation of Muhammad: “O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful.”. (4:29).
Thus, the scope of prohibitions in the final legislation was narrowed down and reduced to four, all of which are considered evil. Yet even these four were permitted in cases of necessity - so long as the individual is neither willfully disobedient nor transgressive toward others.
Allah forbade the taking of life when the soul became responsive with less than such violence. He said: “And do not kill yourselves; indeed, Allah is ever Merciful to you.” (4:29) And He was merciful to us in His legislation because we had become merciful ourselves - (As you judge, so shall you be judged).
The principle continues its consistent course in further easing burdens on people as they become more refined to the point where they no longer require severity to learn. This easing reaches such an extent that prohibition shifts from material things to moral behaviors. Listen to how the Noble Quran addresses us, saying: “O children of Adam, take your adornment at every place of prayer, and eat and drink, but do not be excessive. Indeed, He does not like those who commit excess. Say: Who has forbidden the adornment of Allah which He has brought forth for His servants, and the good things of provision?' Say: 'They are for those who believe in this worldly life, and exclusively for them on the Day of Resurrection. Thus, We detail the verses for a people who know. Say: Indeed, my Lord has forbidden immoralities - both apparent and hidden - sin, oppression without right, associating partners with Allah for which He has sent down no authority, and saying about Allah that which you do not know.” (7:31-33) And HE says: “And what is wrong with you that you do not eat of that upon which the name of Allah has been mentioned, while He has explained in detail what He has forbidden to you - except what you are compelled by necessity? And indeed, many lead astray by their desires without knowledge. Indeed, your Lord knows best the transgressors. And abandon all sin, both apparent and hidden. Indeed, those who commit sin will be recompensed for what they used to commit” (6:119-120)
Thus, what is truly forbidden, in the final analysis, is flawed behavior and moral deficiency. The prohibition of physical things serves merely as a means of purging the self of these behavioral and moral deficiencies. This aligns with the wise principle presented in the following noble verse: “We will show them Our signs in the horizons and within themselves until it becomes clear to them that it is the truth. Is it not sufficient concerning your Lord that He is, over all things, a Witness?” (41:53)
When the prohibition withdraws from coarse, tangible forms to subtle, abstract forms within the flaws of human conduct, this withdrawal continues until it reaches the innermost secrets of the soul and the hidden thoughts of sin that stir within it. Thus, when HE said, “And abandon the outward sin and the inward one,” (6:120) the command to abandon outward sin was placed as a means, while the command to abandon inward sin was placed as the ultimate goal. It is as if it says: Abandon the outward sin so that you may be able to abandon its inward form, for it is the source of all evils.
The Qur’an traces sin to the depths of the soul when HE says: 'And whether you disclose what is within yourselves or conceal it, Allah will bring you to account for it' (2:284). And when HE says: 'All faces will be humbled before the Ever-Living, the Sustainer, and he will have failed who bears injustice' (20:111). Here, “injustice” refers to hidden polytheism, which is the root of all evil in all its forms. Hidden polytheism resides in the innermost depths of the self, and even subtler than that is what lies in the “secret of the secret,” as our Sufi friends say. The Qur'an says: “And if you speak aloud, then indeed, He knows the secret and what is even more hidden.”(20:7). What is more hidden than the secret is the secret of the secret.
The Qur'an method of ridding the self of sin is a reverse one (al-uslub al-aksi); it begins from the outside and moves inward. The verse “We will show them Our signs in the horizons and within themselves until it becomes clear to them that it is the truth. Is it not sufficient concerning your Lord that He is, over all things, a Witness?” (41:53) indicates, among other meanings, that the diligent worshiper on the path to Allah observes and holds himself accountable at the beginning of his journey, striving to abandon flaws in actions, even though he may still be entangled, during this phase, in flaws of speech. But it allows this as a form of gradual training for the self. Then, if the self-achieves stability in abandoning flaws in actions and does so with clear ease and submission, it is then moved forward to the task of abandoning flaws in speech, even though, at that time, it remains entangled in flaws of thoughts. The thoughts are scattered and filled with inner chatter, but this is permitted as a form of guidance and gradual progression, for it has already been tasked with the more challenging matter of abandoning the chatter of the tongue.
Then, if he manages to align his conduct as desired by controlling his tongue after controlling his limbs, all of that leaves a praiseworthy effect in refining his thoughts. He then becomes obligated to approach them steadily and confidently, disciplining them after their confusion and calming them after their agitation. If he succeeds in aligning his conduct in the best way he desires, cleanses his heart from whispers, and purifies his inner self, the inward approach (al-uslub al-tardi) can then begin to appear clearly, after the reverse method (al-uslub al-aksi) has reached this advanced stage. At this point comes the application of His saying in the previously mentioned verse: “Is it not sufficient concerning your Lord that He is, over all things, a Witness?” (41:53).
At this stage, the alignment between outward conduct (sīrah) and inner state (sarīrah) is on the verge of realization, for the purity of the inner state is reflected in the uprightness of outward conduct. The one who attains this alignment reaches the threshold of absolute individual freedom. As the inner self becomes increasingly purified, outward conduct improves, resulting in a contraction of prohibitions and an expansion of permissible actions. This aligns with the verse: “What would Allah do with your punishment if you are grateful and believe? And ever is Allah Appreciative and Knowing.” (4:147).
If the diligent worshiper continues on this path toward the desired end - namely, the complete purity of the inner self and the perfect rectitude in outward conduct - then all tangible objects revert to their original permissibility. At that point, the noble verse applies: “There is no blame upon those who believe and do righteous deeds for what they have eaten, as long as they fear Allah and believe and do righteous deeds, and then fear Allah and believe, and then fear Allah and do good. And Allah loves the doers of good.” (5:93). This is an advanced level of absolute individual freedom, which Islamic legislation in its entirety has been tailored to help individuals attain. One of the clearest signs of this design is that the entire body of legislation, in all its forms, is founded upon reciprocity (al-muʿāwaḍah) - or rather, retribution (al-qiṣāṣ): “In retribution there is life for you, O people of reason, so that you may become pious” (2:179). The Qur’an also states: “It will not be according to your desires nor those of the People of the Book. Whoever does a wrong will be recompensed for it, and he will not find besides Allah a protector or a helper.” (4:123).
The Qur’an also states: “So Allah will reward the truthful for their truth and punish the hypocrites, if He wills, or accept their repentance. Indeed, Allah is ever Forgiving and Merciful.” (33:24). The Qur’an also states: “So whoever does an atom’s weight of good will see it, and whoever does an atom’s weight of evil will see it.” (99:7-8). These two verses form the essence of the entire matter, both in the structure of Sharia and the foundation of truth - meaning in the rewards or punishments of this world, as well as the rewards or punishments of the Hereafter.
The Qur’an states: “That (Allah) may question the truthful about their truth. And He has prepared for the disbelievers a painful punishment.” (33:8). When the leader of the Sufi order, Abu al-Qasim al-Junayd, was asked about this verse, he said: "The truthful - those who consider themselves so - will be questioned about their truthfulness before God." Truthfulness before Allah is absolute, whereas truthfulness among creation is relative. Each person is rewarded for their truthfulness in proportion to how it measures against absolute truth, as He said: "That He may reward the truthful for their truthfulness" (33:24).
This recompense is retribution (qasas) both in sharia (Islamic law) and in ḥaqīqa (ultimate truth), as alluded to in the verse: "And there is for you in retribution life, O people of understanding" (2:179). Here, "life" signifies an increase in knowledge. When you are rewarded for the good you have done, based on the principle that a single good deed is rewarded tenfold or more, or when you are punished for a sin in equal measure - or even forgiven - you gain an added dimension of life. This comes through the elevation of your understandings, the clarity of your minds, and the purity of your hearts.
And this increase in perception, in the context of retribution in the Sharia, does not require deep thought; it is evident. This is because an individual does not infringe upon the freedoms of others while exercising their own freedom except out of ignorance, foolishness, or a lack of imagination. So, when a person gouges out someone’s eye, for example, in a fit of rage, he does not fully grasp the extent of the pain or the severity of the harm he causes his victim. But if retribution is carried out - placing him in the victim’s position and gouging out his eye in return - then two purposes are achieved at once: first, the rights of the community are preserved by deterring him personally and making him a warning to others; second, he gains the capacity for deeper imagination, as he is given the chance to experience the pain he imposed on another due to his limited ability to imagine the intensity of the suffering and the magnitude of the loss he caused. There is no doubt that such a painful experience profoundly transforms the person who endures it, making him more humane in the days to come than he was before. He can no longer disregard the consequences of his actions on others. At the very least, he will refrain from harming others, may even endure harm from them, and will, without a doubt, become more considerate of others in his actions.
This act, when accompanied by worship, may lead him to take on the responsibility of bringing good to others - and he is likely to find in that the satisfaction of his self and the peace of his heart. If he reaches that point, then he stands at the threshold of absolute individual freedom, thanks to the awareness and the expanded imagination granted to him by retribution. If he does not reach this higher state, it suffices for him to be conscious of the boundaries of his own freedom and the freedoms of others - and even this awareness brings significant benefit.
The recompense for adultery is carried out through stoning or flogging, depending on the circumstances. This is because the adulterer, in pursuing pleasure wherever it may be found and without regard for divine law, is made to taste pain to bring him back to his senses. Pain occupies the farthest edge of the valley of the self, while pleasure resides on its lowest bank. Drawing the self toward pain when it rushes toward forbidden pleasure establishes balance with justice - helping it attain moderation and distancing it from recklessness and impulsiveness.
The punishment for consuming alcohol follows the same foundational principle: an individual who seeks to nullify his mind by indulging in alcohol is attempting to escape reality and immerse himself in a world of illusions and sickly fantasies. The purpose of the pain inflicted by flogging is to return him to his harsh reality so that he may employ his mind in transforming it. Reality does not change by fleeing from it; it changes only through confrontation and the exercise of thought in altering it. Allah, the Exalted, says:” Indeed, Allah will not change the condition of a people until they change what is in themselves.” (13:11).
Moreover, the mind, which uniquely entitles humans to their dignity above animals, is the legitimate offspring of the interplay between pleasure and pain. This interplay has been at work since the dawn of time throughout life’s arduous journey. If someone, in a moment of weakness, undermines his mind, the sting of pain can help him reclaim his place in the captain’s seat, navigating the turbulent seas of life to reach the shores of safety.
The principle of reciprocity (al-muʿāwaḍah) - qiṣāṣ - emerges from a deep and intrinsic aspect of life. It is not merely a religious law in the conventional sense of religion. When we assert that Islamic legislation is grounded in reciprocity, we are referring to Islam in its essence, not merely its doctrinal aspect. Islam in its essence is not what people traditionally understand as religion; it is a science. The stage of creed (aqīdah) within Islam is but a transitional phase leading to its scientific stage. The stage of sharī‘a within Islam is a transitional phase leading to the stage of ḥaqīqa (truth), where individuals rise from communal laws to personal laws specific to the realities of those who possess truth.
“Has there [not] come upon man a period of time when he was not a thing [even] mentioned? Indeed, We created man from a sperm-drop mixture that We may try him, and We made him hearing and seeing” (76:1-2). The term "has" here conveys certainty ("has indeed") and the word "man" refers to the human species. The phrase "was not a thing mentioned" means that the human being was fluctuating within the lower levels of life, with no manifestation of the mind - upon which accountability is founded and by which human distinction is elevated. "A sperm-drop mixture" refers to pure water mingled with clay, from which life originated in the depths of time. The phrase "that We may try him" forms the essence of this verse, pointing to the ongoing struggle in the natural environment - between the living being and inert forces, and among humans themselves. This struggle, as previously mentioned in the discussion of the emergence of human society, existed both before and after its formation, and has always been governed by the law of reciprocity (qasas).
The statement "We made him hearing and seeing" alludes to the mind, which is the product of this struggle, guided by the principle of reciprocity: “Whoever does an atom's weight of good will see it, and whoever does an atom's weight of evil will see it.” (99:7-8) Following the two aforementioned verses from Surat Al-dahar (chapter 76), the Qur’an states: “Indeed, We guided him to the way, be he grateful or ungrateful.” Here, "grateful" signifies correctness, while "ungrateful" signifies error. Thus, the mind balances itself on the scales of error and correctness and therein lies its perfection. The Infallible (the Prophet) said: "If you did not make mistakes and seek forgiveness, Allah would bring forth a people who do make mistakes and seek forgiveness, and He would forgive them."
The law of reciprocity operates on two levels: the level of ḥaqīqa (truth) and the level of sharī‘a (divine law), differing in degree but not in kind. At the level of ḥaqīqa, it is based on His saying, the Exalted: “Whoever does an atom’s weight of good will see it, and whoever does an atom’s weight of evil will see it” (99:7-8). At the level of the sharī‘a it is based on His saying, the Exalted: “And We decreed for them in it: a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, and a tooth for a tooth, and for wounds - legal retribution. But if anyone gives [up his right] as charity, it is an expiation for him. And whoever does not judge by what Allah has revealed - it is they who are the wrongdoers.” (5:45).
The law of reciprocity, at the level of ḥaqīqa (truth), is the Divine Will by which Allah subjected the worlds, brought them into existence, and guided them toward perfection. It is the Truth frequently mentioned in the Qur’an: "We did not create the heavens and the earth and everything between them except in truth and [for] a predetermined period. But those who disbelieve, from what they are warned, are turning away." (46:3); HE also says: "He created the heavens and the earth in truth. Exalted is He above what they associate with Him." (16:3); HE also says: "And We did not create the heavens and the earth and everything between them in play. We did not create them except in truth, but most of them do not know." (44:38-39). Thus, truth is the essence of the universal reciprocity captured most profoundly in the verses: "Whoever does an atom's weight of good will see it, and whoever does an atom's weight of evil will see it." (99:7-8). The phrase 'in play’ in the previous verse refers to what is indicated by the two verses from the saying of Allah the Exalted: "Then did you think that We created you aimlessly and that to Us you would not be returned? So exalted is Allah, the Sovereign, the Truth; there is no deity except Him, Lord of the Noble Throne." (23:115-116). This emphasizes that all creation inevitably returns to Allah through the operation of the law of reciprocity: "It will not be according to your desires or the desires of the People of the Scripture. Whoever does a wrong will be recompensed for it, and he will not find besides Allah a protector or a helper." (4:123).
The law of reciprocity (al-Mu’awadah) at the level (sharī‘a) is a precise imitation of the law of reciprocity at the level of truth (ḥaqīqa). It runs parallel to it, but in its higher realms, it is more complete and more precise. The law of reciprocity (al-Mu’awadah) operates on three levels, as reflected in the verse: "Indeed, Allah commands justice, and excellence, and giving to relatives" (16:90). Justice (adl) corresponds to retribution (qasas) at the level of "an eye for an eye, and a tooth for a tooth," and "whoever transgresses against you, respond with the equivalent of what they have transgressed against you" (2:194). Excellence (ihsan) refers to forgiving the offender, as stated in the verse on retribution: "But if one overlooks and forgives, it is an expiation for him" (5:45). "Giving to relatives” signifies the act of maintaining kinship ties, means maintaining the bonds of kinship in its broader sense - the kinship of life.
These three levels are illustrated in the verse: "And the retribution for an evil act is an evil one like it, but whoever pardons and makes reconciliation, their reward is [due] from Allah. Indeed, He does not like the wrongdoers" (42:40). The phrase "And the retribution for an evil act is an evil one like it" represents the level of justice (adl) at the degree of equivalence. Allah called it an evil in order to discourage people from resorting to retribution where that is possible: “And whoever is patient and forgives - indeed, that is of the matters [requiring] determination” (42:43). The phrase "but whoever pardons" corresponds to the level of excellence (ihsan), where one forgives the offender, a level that surpasses justice. The phrase "and makes reconciliation" signifies mercy toward the offender, showing compassion, gentleness, and love for them. This represents the pinnacle of goodness and reconciliation, the highest level of the law of reciprocity (mu'awadah) in the sharia.
Since the law of reciprocity (mu'awadah) at the level of ḥaqīqa (truth) is intended to guide the cosmos toward Allah through the physical - through compulsion - the law of reciprocity at the level of sharia (Islamic law) is meant to guide humanity toward Allah through mind - through freedom. This embodies the essence of dignity, the highest dignity, for humanity. It is within this context that our discussion about the relationship between humankind and the universe arises.
