The ShafitIjurist and leading Muttazill thinker of his time, al-Qadl tAbd al-Jabbar al-AsadabadI (d. 415/1025)[126] discusses ethical and legal normativity in a number of places throughout his multi-volume al-Mughnl fiabwab al-tawhldwa-l-'adl, particular in the volumes entitled Kltab al-Tacdll wa-l-tajwlr and al-Sharciyyat.
In the Mughnl, tAbd al-Jabbar is primarily concerned with theology and, hence, his legal theory is driven by the theological commitment to God's justice and inability to do other than good.[127] The ethical thought of this prolific scholar has been the subject of a number of studies, notably by Hourani, Frank, Vasalou, Farahat, Shihadeh, al-Attar, and Heemskerk.
Their work tends to approach the subject matter from a variety of angles - moral obligations, desert, suffering, rights, or to disprove the dominance of divine command theory in Islam - though mainly through the lens of theology. Hourani states that MuttazilI ethical doctrine is arrived at “largely from theological considerations beyond the realm of law.”[128] Theology is also the perspective from which Shihadeh analyzes Muslim ethical theories. And while Farahat's study on the Foundation of Norms in Islamic Jurisprudence and Theology emphasizes the interrelatedness of kalam and usul al-fiqh, he looks less at individual scholars than larger schools of thought. Not to detract from their valuable contributions, in what follows the dynamic interaction of ethics and law is put into the foreground.[129] Bringing law into direct conversation with ethics explains, for example, why tAbd al-Jabbar defines good and bad the way he does. This examination complicates the narrative of dividing ethical theories into either teleological or deontologi- cal. tAbd al-Jabbar's articulation of the ethical status of acts is a combination of both considerations, as already pointed out by Hourani, Farahat, Shihadeh, and Heemskerk.[130] Below, I first lay out tAbd al-Jabbar’s ethical theory and the grounds on which he considers acts to be good or bad. I then present how he applies these criteria in the legal assessment of acts. As a final step, I will look into how tAbd al-Jabbar understands the rilla of legal analogy, probing whether the goodness of God’s legislative intent is captured in the relationship of the ratio legis to its ruling.
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