The Akhbari treatise against derivation of law from law (nass نصّ)

Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal
from Al-Tha‘laba ibn Maymun from one he narrated from al-Mu‘alla ibn Khunays who
has said the following: “Abu ‘Abd Allah, recipient of divine supreme covenant, has
said, ‘For every issue disputed between two people there is a principle for it in the
book of Allah, the Most Majestic, the Most Glorious, however, man’s power of aql
(intellectual reasoning) is not able to find it.’” (AL KAFI - H 184, Ch. 20, h6)


How 'aql (reasoning) when used for deducing laws from a law(nass), is not acceptable

Note: This is an important argument against generalized extraction of qaidah from nass and derivation of one law from another using 'aql (in nass). I request you to read each point carefully since these points are quite complex but very important.

Introduction

On the pretext of considering a nass from (quran or authentic hadith) as absolute and infallible truth, I find it irrational to assume that one can extract general qaida or (its real value / hidden meanings) using his principles based on 'aql / reasoning.

To explain this, we must analyze the factors affecting 'aql / reasoning of a human being:

Consciousness is a quality of the mind generally regarded to comprise qualities such as subjectivity, self-awareness, sentience, sapience, and the ability to perceive the relationship between oneself and one's environment (surroundings).

Problem solving, analysis, reasoning and reaching apparent conclusions are based on the ability of one's conscious mind to construct and maintain contexts.

In simple words, conscious mind is the zahir of 'aql and the only part of 'aql that is within our control where as, there are other parts of aql in the batin of human mind, like the subconscious, which greatly influences our conscious thinking and are beyond our control. Hence, we can't even notice how they influence human decisions.

Individuals are not directly aware of subconscious, but it still affects conscious behavior. It handles all processes that have been in conscious mind, but which are not being just anymore. They "sink down" to subconscious. Handling "all processes" means also that feelings (fear, drifts, passions, weaknesses etc.) were also "processed within".

The atoms of reasoning, a technical analysis:

1.The Short-term memory

Short-term memory, sometimes referred to as "primary," "working," or "active" memory, is that part of memory which stores a limited amount of information for a few seconds. This can be contrasted to long-term memory, in which a seemingly unlimited amount of information is stored indefinitely. It can be described as the capacity (or capacities) for holding in mind, in an active, highly available state, a small amount of information.

The information held in short-term memory may be: recently processed sensory input; items recently retrieved from long-term memory; or the result of recent mental processing, although that is more generally related to the concept of working memory.

2. The Long-term memory (LTM)

It is memory, stored as meaning, that can last as little as 30 seconds or as long as decades. It differs structurally and functionally from working memory or short-term memory, which ostensibly stores items for only around 30 seconds. Biologically, short-term memory is a temporary potentiation of neural connections that can become long-term memory through the process of rehearsal and meaningful association. The proposed mechanism by which short-term memories move into LTM storage is via long-term potentiation, which leads to a physical change in the structure of neurons. Notably, the time scale involved at each level of memory processing remains under investigation.

As long-term memory is subject to fading in the natural forgetting process, several recalls/retrievals of memory may be needed for long-term memories to last for years, dependent also on the depth of processing. Individual retrievals can take place in increasing intervals in accordance with the principle of spaced repetition. This can happen quite naturally through reflection or deliberate recall, often dependent on the perceived importance of the material.

3. The working memory:

Working memory is a theoretical framework within cognitive psychology that refers to the structures and processes used for temporarily storing and manipulating information. There are numerous theories as to both the theoretical structure of working memory (i.e., the "organizational map" it follows) as well as to the specific parts of the brain responsible for working memory. This memory is generally considered to have limited capacity.

4. Mental development:

We can summarize the three structures of the psyche or personality:

* Id: a selfish, primitive, childish, pleasure-oriented part of the personality with no ability to delay gratification.
* Superego: internalized societal and parental standards of "good" and "bad" and "right" and "wrong" behaviour.
* Ego: the moderator between the id and superego which seeks compromises to pacify both.

Primary and secondary processes

In the ego, there are two processes going on. First, there is the unconscious primary process, where the thoughts are not organized in a coherent way, the feelings can shift, contradictions are not in conflict or are just not perceived that way, and condensations arise. There is no logic and no time line. Lust is important for this process. By contrast, there is the conscious secondary process, where strong boundaries are set and thoughts must be organized in a coherent way. Most conscious thoughts originate here.

The reality principle

Id impulses are not appropriate for civilized society, so society presses us to modify the pleasure principle in favour of the reality principle; that is, the requirements of the external world.

Formation of the superego

The superego forms as the child grows and internalizes parental and societal standards. The superego consists of two structures: the conscience, which stores information about what is "bad" and what has been punished and the ego ideal, which stores information about what is "good" and what one "should" do or be.

Before solving a problem, the human mind relates it with one's self, this forms the initial reaction to the problem and subconsciously influences the solution of a problem. It can be better explained with the example of "Defence mechanisms".

In psychoanalytic theory, defence mechanisms are unconscious resources used by the ego to reduce conflict between the id and superego and thereby anxiety. For that reason they are more accurately referred to as ego defence mechanisms. They can thus be categorized as occurring due to the following scenarios:

* When the id impulses are in conflict with each other;
* When the id impulses conflict with superego values and beliefs;
* When an external threat is posed to the ego.

List of defense mechanisms:

* Compensation. Compensation occurs when someone takes up one behaviour because one cannot accomplish another behaviour. An example of a compulsive type of compensation mechanism is a famous scholar's inability to say "I don't know" when asked about something which he isn't sure of; because of fear of being called ignorant about it.

* Denial. An ego defence mechanism that operates unconsciously to resolve emotional conflict, and to reduce anxiety by refusing to perceive the more unpleasant aspects of external reality; some times denial can be a deceptive denial to deny something with an ulterior motive (like Umar (la) denied the death of our prophet (saws)

* Displacement. An unconscious defence mechanism, whereby the mind redirects emotion from a dangerous object to a safe object. In psychoanalytic theory, displacement is a defence mechanism that shifts sexual or aggressive impulses to a more acceptable or less threatening target; redirecting emotion to a safer outlet;

* Intellectualisation (isolation). Concentrating on the intellectual components of the situations as to distance oneself from the anxiety provoking emotions associated with these situations;

* Projection. Attributing to others, one's own unacceptable or unwanted thoughts and/or emotions. Projection reduces anxiety in the way that it allows the expression of the impulse or desire without letting the ego recognise it;

* Rationalisation. The process of constructing a logical justification for a decision that was originally arrived at through a different mental process; Like justifying a fatwa that was proven to be against a nass by denying the authenticity of the nass itself.

* Reaction formation. The converting of unconscious wishes or impulses that are perceived to be dangerous into their opposites.

* Regression. The reversion to an earlier stage of development in the face of unacceptable impulses;

* Repression. The process of pulling thoughts into the unconscious and preventing painful or dangerous thoughts from entering consciousness;

* Sublimation. The refocusing of psychic energy (which Sigmund Freud believed was limited) away from negative outlets to more positive outlets. These drives which cannot find an outlet are rechanneled. Freud considered this defence mechanism the most productive compared to the others that he identified. Psychoanalysts often refer to sublimation as the only truly successful defence mechanism;

* Undoing. A person tries to 'undo' a negative or threatening thought by other actions.

* Suppression. The conscious process of pushing thoughts into the preconscious.

* Dissociation. Separation or postponement of a feeling that normally would accompany a situation or thought.

* Humor. Refocuses attention on the somewhat comical side of the situation as to relieve negative tension; similar to comic relief.

* Idealisation. Form of denial in which the object of attention is presented as "all good" masking true negative feelings towards the other.

* Identification. The unconscious modeling of one's self upon another person's behavior.

* Introjection. Identifying with some idea or object so deeply that it becomes a part of that person.

* Inversion. Refocusing of aggression or emotions evoked from an external force onto one's self.

* Somatisation. Manifestation of emotional anxiety into physical symptoms.

* Splitting. Primitive defence mechanism-when a person sees external objects or people as either "all good" or "all bad."

* Substitution. When a person replaces one feeling or emotion for another.

Conclusion:

The phenomena of mantiq, kalaam, falsafa etc. are higher levels of conscious thinking which depend in their roots, on the aforementioned factors.

Therefore, 'aql is:

1. Is highly subject to the strengths and weaknesses of one's thought process.
2. Response of one's 'aql greatly depends on his state of mind.
3. One's moral, ethical, emotional and intellectual values greatly influence the reaction of his 'aql to a given problem.

Derivation of a sub law from a nass involves the process of reverse engineering which is a form of nested conscious thinking which is under a greater influence of the subconscious. Where as, direct application with minimal variables is a straighter process with least scope for error. Apart from psychoanalytical defects of complex human reasoning, derivation of a law greatly depends on the extent of one's knowledge of the concerned subjects (knowledge that in our case, is taken from provisional scientific evidence).

Let me provide a practical example of the dependencies in the process of derivation:

In many countries like Japan, Singapore etc, sewage is being converted to pure H2O where it loses all its impurities and then salts and minerals are added to this processed water which is finally packaged as recycled drinking water. Since this water is exactly identical (in all its material properties) to natural water; is this water mutahhar?

This is where an usooli uses his conjectural jurisprudence (or as he calls it, ijtihad sharai) and issues a verdict. Where as, an akhbari stops himself and says a humble "I don't know" based on the nass of:

Hadith no. 6, pg. 85, Baab 12, Kitab Al-Aql, Usool Al-Kafi

Ali bin Ibrahim narrates from Ahmad ibn Mohammad bin Khalid who narrates from Hamad bin Isa who narrates from Hareez bin Abdallah who narrates from Mohammad bin Muslim who narrates from Imam Jafar Sadiq (as) :
When any of you is asked a question for which the answer is not known then he shall say "I don't know" and shall not say "Allaho a'alam". Otherwise, one who asked the question will doubt that he knows. But when he says "I don't know", one who asked the question will not blame him.( Hadith no. 6, pg. 85, Baab 12, Kitab Al-Aql, Usool Al-Kafi)

[Comment: I have never heard an "I don't know" about any matter from a mujtahid, is he perhaps, the all knowing? that he issues a fatwa about everything asked to him and says "Allaho a'alam" after issuing the fatwa. This looks like an outcome of "Reaction formation" and "Compensation" defense mechanisms discussed earlier]

However, a mujtahid while issuing a verdict (fatwa) on such a matter may depend upon the provisional scientific truths i.e., he may consult a chemical scientist or at the most, personally inspect that process of purification of sewage and issue a verdict based on the position of qaidah matching it with the outcome of his investigation. After the fatwa is issued and followed, if there comes about a new research which proves the nature of recycled water contrary to his findings, which was not noticed previously, what happens then? Has he not accused Allah ? This is just one example, there are many cases of shubahat that ought to be avoided but ironically the very same are proudly addressed.

To derive a law that is not fallible, the foremost need is of the infallible knowledge of the subjects (physics, chemistry, medicine etc.) relevant to which the law is to be derived. Where as, the knowledge we possess, changes, evolves and contradicts itself with changing, evolving and contradicting scientific precepts.


Based on the presented evidence, do you not agree that derivation of subsidiary law from a nass is an erroneous practice?