therefore judged both sciences to be necessary, not in themselves, but by accident only, to curb the irregular imaginations and passions of mankind (as guards become necessary in the highways by reason of robbers), the end of the first being the suppressing of heresies, and of the other the decision of legal controversies, for the quiet and peaceable living of mankind in this world, and for the preserving the rule by which the magistrate may prevent one man from injuring another, by declaring what is lawful and what is unlawful, by determining the satisfaction to be given, or punishment to be
1 Poc. Spec. p. 196. 2 Apud Ebn Sina, in Libello de Divisione Scientiar, et Nasiro'ddin al Tûsi, in Præfat. ad Ethic. 3 More Nevoch. l. I, c. 71 and 73. 1 Al Ghazâli, apud Poc. ubi supra. 2 Ibid. 3 Vide Poc. ibid. p. 197. 4 Al Ghazâli, ibid. 5 Ebn al Kossá apud eund. ibid. p. 198.
inflicted, and by regulating other outward actions; and not only so, but to decide of religion itself, and its conditions, so far as relates to the profession made by the mouth, it not being the business of the civilian to inquire into the heart:1 the depravity of men's manners, however, has made this knowledge of the laws so very requisite, that it is usually called the Science, by way of excellence, nor is any man reckoned learned who has not applied himself thereto.2 The points of faith, subject to the examination and discussion of the scholastic divines, are reduced to four general heads, which they call the four bases, or great fundamental articles.3 The first basis relates to the attributes of GOD, and his unity consistent therewith. Under this head are comprehended the questions concerning the eternal attributes, which are asserted by some, and denied by others; and also the explication of the essential attributes, and attributes of action; what is proper for GOD to do, and what may be affirmed of him, and what it is impossible for him to do. These things are controverted between the Ashárians, the Kerâmians, the Mojassemians or Corporalists, and the Mótazalites.4 The second basis regards predestination, and the justice thereof: which comprises the questions concerning GOD'S purpose and decree, man's compulsion or necessity to act, and his co-operation in producing actions, by which he may gain to himself good or evil; and also those which concern GOD'S willing good and evil, and what things are subject to his power, and what to his knowledge; some maintaining the affirmative, and others the negative. These points are disputed among the Kadarians, the Najarians, the Jabarians, the Ashárians, and the Kerâmians.5 The third basis concerns the promises and threats, the precise acceptation of names used in divinity, and the divine decisions; and comprehends questions relating to faith, repentance, promises, threats, forbearance, infidelity, and error. The controversies under this head are on foot between the Morgians, the Waïdians, the Mótazalites, the Ashárians, and the Kerâmians.1 The fourth basis regards history and reason, that is, the just weight they ought to have in matters belonging to faith and religion; and also the mission of prophets, and the office of Imâm, or chief pontiff. Under this head are comprised all casuistical questions relating to the moral beauty or turpitude of actions; inquiring whether things are allowed or forbidden by reason of their own nature, or by the positive law; and also questions concerning the preference of actions, the favour or grace of GOD, the innocence which ought to attend the prophetical office, and the conditions requisite in the office of Imâm; some asserting it depends on right of succession, others on the consent of the faithful; and also the method of transferring it with the former, and of confirming it with the latter. These matters are the subjects of dispute between the Shiites, the Mótazalites, the Kerâmians, and the Ashárians.2 The different sects of Mohammedans may be distinguished into two
1 Al Ghazâli. Vide ibid. p. 198–204. 2 Vide ibid. p. 204. 3 Vide Abulfarag, Hist. Dynast. p. 166. 4 Al Shahrestani, apud Poc. ubi. sup. p. 204, &c. 5 Idem, ibid. p.205. 1 Idem, ibid. p. 206. 2 Idem, ibid.
sorts; those generally esteemed orthodox, and those which are esteemed heretical. The former, by a general name, are called Sonnites or Traditionists; because they acknowledge the authority of the Sonna, or collection of moral traditions of the sayings and actions of their prophet, which is a sort of supplement to the Korân, directing the observance of several things omitted in that book, and in name, as well as design, answering to the Mishna of the Jews.3 The Sonnites are subdivided into four chief sects, which, notwithstanding some differences as to legal conclusions in their interpretation of the Korân, and matters of practice, are generally acknowledge to be orthodox in radicals, or matters of faith, and capable of salvation, and have each of them their several stations or oratories in the temple of Mecca.4 The founders of these sects are looked upon as the great masters of jurisprudence, and are said to have been men of great devotion and self-denial, well versed in the knowledge of those things which belong to the next life and to man's right conduct here, and directing all their knowledge to the glory of GOD. This is al Ghazâli's encomium of them, who thinks it derogatory to their honour that their names should be used by those who, neglecting to imitate the other virtues which make up their character, apply themselves only to attain their skill, and follow their opinions in matters of legal practice.1 The first of the four orthodox sects is that of the Hanefites, so named from their founder, Abu Hanîfa al Nómân Ebn Thâbet, who was born at Cufa, in the 80th year of the Hejra, and died in the 150th, according to the more preferable opinion as to the time.2 He ended his life in prison at Baghdâd, where he had been confined because he refused to be made Kâdi or judge;3 on which account he was very hardly dealt with by his superiors, yet could not be prevailed on, either by threats or ill-treatment, to undertake the charge, "choosing rather to be punished by them than by GOD," says Al Ghazâli; who adds, that when he excused himself from accepting the office by alleging that he was unfit for it, being asked the reason, he replied, "If I speak the truth, I am unfit; but if I tell a lie, a liar is not fit to be a judge." It is said that he read the Korân in the prison where he died, no less than 7,000 times.4 The Hanefites are called by an Arabian writer5 the followers of reason, and those of the three other sects, followers of tradition; the former being principally guided by their own judgment in their decisions, and the latter adhering more tenaciously to the traditions of Mohammed. The sect of Abu Hanîfa heretofore obtained chiefly in Irâk,6 but now generally prevails among the Turks and Tartars: his doctrine was brought into great credit by Abu Yûsof, chief justice under the Khalîfs al Hâdi and Harûn al Rashîd.7
3 Vide Poc. Spec. p. 298. Prid. Life of Mahomet, p. 51, &c. Reland. de Rel. Moh. p. 68, &c. Millium, de Mohammedismo ante Moh. p. 368, 369. 4 See before, p. 90. 1 Vide Poc. Spec. p. 293. 2 Ebn Khalecân. 3 This was the true cause of his imprisonment and death, and not his refusing to subscribe to the opinion of absolute predestination, as D'Herbelot writes (Bibl. Orient. p. 21), misled by the dubious acceptation of the word "kadâ," which signifies not only GOD'S decree in particular, but also the giving sentence as a judge in general; nor could Abu Hanîfa have been reckoned orthodox had he denied one of the principal articles of faith. 4 Poc. Spec. p. 297, 298. 5 Al Shahrestani, ibid. 6 Idem. 7 Vide D'Herbel. Bibl. Orient. p. 21 and 22.
The second orthodox sect is that of Mâlec Ebn Ans, who was born at Medina, in the year of the Hejra 90, 93, 94,8 or 95,9 and died there in 177,10 178,11 or 17912 (for so much do authors differ). This doctor is said to have paid great regard to the traditions of Mohammed.13 In his last illness, a friend going to visit him found him in tears, and asking him the reason of it, he answered, "How should I not weep? and who has more reason to weep than I? Would to GOD that for every question decided by me according to my own opinion, I had received so many stripes! then would my accounts be easier. Would to GOD I had never given any decision of my own!"1 Al Ghazâli thinks it a sufficient proof of Malec's directing his knowledge to the glory of GOD, that being once asked his opinion as to forty-eight questions, his answer to thirty-two of them was, that he did not know; it being no easy matter for one who has any other view than God's glory to make so frank a confession of his ignorance.2 The doctrine of Malec is chiefly followed in Barbary and other parts of Africa. The author of the third orthodox sect was Mohammed Ebn Edrîs al Shâfeï, born either at Gaza or Ascalon, in Palestine, in the year of the Hejra 150, the same day (as some will have it) that Abu Hanîfa died, and was carried to Mecca at two years of age, and there educated.3 He died in 204,4 in Egypt, whither he went about five years before.5 This doctor is celebrated for his excellency in all parts of learning, and was much esteemed by Ebn Hanbal his contemporary, who used to say that "he was as the sun to the world, and as health to the body." Ebn Hanbal, however, had so ill an opinion of al Shâfeï at first, that he forbad his scholars to go near him; but some time after one of them, meeting his master