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Four Gates Series: Shari'ah (Halal and Haram)
Spring 2001


"The Four Gates" of Sufism are Shari'ah (the Divine Law), Tariqah (the Path), Haqiqah (the Divine Truth) and Marifah (Gnosis). In this article, Sheikh Din examines Shari'ah - its purpose and appearance in nature as well as its purpose and place for humanity.

     Among the People of the Book, those that "know" recognize the Shari'ah as the divinely encoded noble law that governs the action of all life. The word "Shari'ah" comes from the Arabic root, shara'a, literally meaning "the road leading to the water." In a spiritual context, Shari'ah means to introduce, enact or prescribe. Fundamentally, the purpose of Shari'ah is to instruct human beings how to spiritually discriminate the difference between halal and haram.
     "Halal" means that which is permitted, released from prohibition and, therefore, is lawful. "Haram" is that which is prohibited. Of course, as an aside, these definitions confront us with some of our most fundamental attitudinal issues - not liking to be told what we can or cannot do, and not wishing to have "prohibited" and "permissible" defined for us.
     In the broadest context, al-Fitr (nature) completely defines what works and what doesn't in the matters of natural balance. So, the first appearance of the Divine Law (Shari'ah) is the Fitr, to which everything must adhere. The Fitr has already preset, a priori, what is permissible and what is prohibited for sustaining life and order within the whole of the manifest.
     As we are instructed to "rehearse (examine) the signs" by the Holy Qur`an, the existent evidence of the Shari'ah can be seen in the predictable rising and setting of the sun; the course of the seasons; the changing of the tides; the phasing of the moon; and, the wind that allows birds to fly and keeps oceangoing crafts afloat in the direction of their destination. These are among the metaphors used in the Qur`an.
     Essentially within the action of these "natural signs," there exists the dictate of permission and prohibition. Nature must abide by its course (permission) and may not exceed the bounds or limits set for it (prohibition). By the way, among Muslims, Islam is often called the "Din al-Fitr" (The Way of Nature).
     The sun, as part of its function, is "permitted" to provide for life sustaining light, atmosphere, temperature and gravity to exist on this earth. It must maintain a certain course of distance and relationship to the earth for these systems to operate. Both the sun and earth are "prohibited" from violating or changing the dictates of physics, their naturally defined relationship. Otherwise the consequences would ultimately be destructive, i.e., the earth losing its orientation (orbit), violent alterations in the environment, radical changes of temperature that vary beyond the atmosphere's ability to sustain life, etc. At such time that the existent celestial relationship between the sun and the earth changes, that change will irrevocably alter and/or jeopardize all of life on this planet as we know it.
     Therefore, it could be suggested, the principles of halal and haram are in effect and are established as the Shari'ah in nature - that which has been enacted and prescribed for balance. The principles of permission and prohibition are encoded in our biology, gender, DNA and the course of our lifespan. How could it be possible for a person to live outside of the permission (either shorter or longer) of their life-span? It is literally impossible to alter Reality as such.
     As we relate to our natural world, there are those things that bring us into greater harmony, providing better attunement, to that which is natural. Anything that assists us with attuning to nature is helpful. Therefore, those helpful items are regarded as worthy. Worthiness is enjoined upon humanity in Sufism by the participation of permissible acts -halal. In other words, the Divine Law tells us,"Partake of this . . . (particular thing or action). It is good for you."
     Anything that would take us out of attunement, that would be harmful, that would alienate us from nature, our process and our path would not be helpful. It would be reprehensible. Reprehensive actions are prohibited for humanity - haram. In other words, the Divine Law tells us, "Don't do that . . . (particular thing or action). There are painful consequences."
     It is halal to eat fresh food. It is haram to eat putrid or rotten food. It is halal to protect and preserve life to the best of one's ability as well as it is haram to inflict harm or take life without the greatest moral justification. Simple. In our Sufi tradition, this simplicity is recognized in perhaps the first organized set of Shari'ah - The Ten Commandments. One of the Ten Commandments states, "Thou shall not kill." Killing is haram. Another Commandment states, "I am the Lord thy God, thou shall have no other gods before me." Therefore, polytheism or shirk (associating partners with Allah) is haram. Conversely, halal worship is that of Unity, the submitted devotion to the One God. These broad items of the Shari'ah are often the easiest for us to understand and attempt to abide by, i.e., don't steal, don't lie, don't cheat, control your sexual activity, do good work, love and serve others, etc. But we go from being in agreement with these most general things to facing the dilemma of having to apply the rules to the practical details of our daily lives. Therefore through Allah's inspiration, the Prophets and Masters of the Path (upon them be Allah's peace and pleasure) established what is halal and haram for their respective communities by their Sunnah (example/ precedent) and through their Hadiths (teaching words). This is morality as a way of life.
If it is haram to kill another, what is the halal way of resolving conflict? If it is haram to kill another, is there really a halal way of waging war? If it's haram to be sexually promiscuous or to commit adultery, what is the halal way of being in an intimate relationship? Not all life's questions concerning the details of personal and social behavior can be necessarily answered in the Ten Commandments, the Bible or the Qur`an, in and of themselves.
     If the Shari'ah is the Divine Law or Code establishing what is halal and haram, the study and application of that Code's science is called Fiqh in Islam and Sufism. The Shari'ah is the broad banner of regulatory principles that must be generally accepted, while the Fiqh is the rules and application of those regulatory principles. While the Shari'ah dictates that true human beings must worship, the Fiqh instructs us in the methods of prayer and meditation. While the Shari'ah commands us to share our resources with the poor through charity, the Fiqh instructs us on how to divide our wealth.
     After the time of the Prophet Muhammad (saws), the Fiqh was assembled by the Sahaba (Companions) and later religious jurists based on the three basic premises of Qur`an, Hadith and Sunnah. In accordance with the varying interpretations of how these sources were understood, the Fiqh ended up being represented by many different madhab or schools of jurisprudence. The efforts of these various madhab (schools) were to organize and then to uphold a standard of physical, mental and spiritual practice for following the Shari'ah in daily living.
     Initially among the original Companions of the Prophet, Halka al Muhammadi (Circle of Muhammad), it was easier to worship, act, conduct business and so forth more closely in the style of the Holy Prophet (saws) himself. The recent immediacy of the Qur`an, Hadith and Sunnah provided for a greater unity of understanding and participation earlier on. But as time moved away from the personal appearance of the Prophet, the circumstantial conditions of time, place and person necessitated organizing the "consensus" of learned people who were most familiar with the protocols of the Path. This consensus is known as the `Ulama (plural for: 'alim, coming from the word `ilm, meaning knowledge) and is generally regarded as the body of scholars who demonstrate upright character, mature wisdom and the firmest grasp of the Ways of the Path -the Learned Elders.
     In our country, `Ulama might be compared to the court system in a way. The collective idea of a judge and an educated jury of peers making decisions based on a standardized law to ensure the highest accountability to moral and social standards is very "Islamic." Most red-blooded human beings have all kinds of random and wanton desires, but one can't simply run around in the streets acting out anything they want to do or that comes to mind. There has to be some standard.
     As nuances arise through various situations that challenge our understanding and, therefore, decision making for executing the law, there always exists legal precedent. How was something like this handled in the past? What did people do then, and does it make sense now? If yes, well then okay; if no, why not? If the legal course of action is clear and easy to follow, then it is recommended, but if through time, place, circumstance and condition it becomes too difficult to discern the clear "halal path," the legal system may need an adjustment - an appeal. However, appeals in any legal system are still based upon some collective understanding of the precedent previously established.
     These concepts were the original idea behind the madhabs, and they have great influence in the Islamic world to this day. Of course all of these human systems are fraught with foibles and pitfalls, they break down, and especially in the name of religion, people have a hard time getting their personal egos and political agendas out of the way.
     During the lifetime of Prophet Muhammad (saws) his greatest teachings were first, the miracle of the Qur`an as it was revealed and recited; second, his exemplary behavior - the Sunnah; and third, the explanation of the Qur`an and Sunnah through conversation - the Hadith. As a matter of fact, there may be some historical evidence to indicate that the Holy Prophet didn't allow for much distraction from his teachings by the various recording and note taking of his personal idiosyncrasies. His posture appears to be more one of, "I'm here, so pay attention. Through me comes Qur`an. Learn it, and as you recite it, your meditation and worship will reveal to you the Truth. Join me in my Ummah (Community) and you will join me in Paradise." Of course, I am paraphrasing.
     Any community naturally follows a course of social action much like a river following a flow through its banks. Communities, as individuals, develop behaviors and attitudes that bond them together. Lessons are disseminated and common laws are understood and governed collectively by community consensus and politics. It wasn't until after the death of the Holy Prophet that the Fiqh started to be assembled. What was that he said? What did he do when that happened? How did the Prophet Muhammad handle that situation, etc.? In addition, it is absolutely imperative to recognize both the merit as well as the grave problem that ensues when trying to recollect, record and administrate "facts" after the fact.
     By and large, the Sufis teach that the Shari'ah must be abided by, and it is the general consensus of the `Ulama that the Shari'ah starts with the Shahada Kalima (Declaration of Faith) La Ilaha la Llah Muhammad ur Rasullulah. The Shari'ah next conveys upon Muslims the acts of Salat (prayer), Zakat (giving of alms and charity), Sawm (fasting) and Hajj (making the pilgrimage). These acts complete the "Five Pillars of Islam." Also the belief in One God, the recognition of Prophethood and Prophecy, the Scriptures - divinely revealed books, the Ghaibi or the unseen realms which include the Malakut (the realm of Angels) and the Akhir (afterlife) constitute the "Five Attributes of a Believer" and are all under the great banner of the Shari'ah.
     After all of that, the engagement in a specific style of daily prayer, the procedure for maintaining cleanliness physically and spiritually, the acts of acquiring, preparing and eating clean and fresh food that the name of God has been conveyed upon, the adherence to healthy, regulated conjugal relations, the care of one's parents, and for parents the care of one's children is all part of the voluminous advice, instruction and guidance of the Shari'ah. The execution of the Shari'ah and its administration is the Fiqh.
     The Sufis teach that there must be a Shari'ah. Shari'ah is required so that we can embark upon the Tariqah, or the Path. Your body follows the Shari'ah; it's a form, a way of traveling. If you are to be here upon this earth, how will you exist unless you have a body? How will your body exist without the function of a mind? Your mind must also follow a Shari'ah of form and order. Your body and mind are your principle methods of traveling. They are your way of being here on earth inform. Yet, your body and mind demand a Shari'ah, a Code, of how they will operate and function.
     You must have fuel (food), water, sleep and rest, relaxation, stimulation, attention and affection. You must stay fit, and keep both the body and mind exercised. This is Shari'ah. As well, in human relations and spiritual life there is a Shari'ah. Our Shari'ah includes the governance of such items as telling the truth and never lying as well as being satisfied with what you have been provided, without coveting another's property or good fortune. Never steal and take good care of the possessions that belong to your hand, both physically and mentally. Live appropriately within the balance of the environment and natural resources. Shari'ah is necessary. If you responsibly care for something, your behavior is in the category of halal. If you abuse, exploit or cause harm, your behavior is in the category of haram.
     With this understanding, we develop the spiritual discrimination that allows us to see more clearly the distinguishing characteristics of thought, word and action. The context of true Shari'ah clarifies the issues and corresponding decisions as to why we should choose or refrain from any particular behavior, albeit dress, food, relations, business and certainly prayer, worship and service. The question simply needs to be answered, "Will my activity bring about true long-term peace, growth, love and enlightenment? Or, Will it contribute to long-term degradation, downfall, ignorance and suffering?" If you don't know or you're not clear, if the heart is confused, then consult the Fiqh, the historical precedent on the matter. Those things that bring about peace are halal; those things that create conflict and exacerbate the feelings of tension and separation are haram.
     Some things are obvious, and some things are less obvious. The Prophet Muhammad (saws) advised that, "The heart knows the difference between right and wrong." These categories of thought, word and action become more obvious to people who are more subtle. You must become subtler in your awareness to really see the influence of all things through time, place and person.
     If a person is going to be guided on the straight path between halal and haram, they must be able to "hear" the guidance of the heart. One will need to refine their faculties, so they can hear it. This refining is a type of spiritual training, and that training starts with Shari'ah. Even if there's been 1400 years or more of historical arguments as to the nuts and bolts application of Fiqh as defined by schools of jurisprudence (madhab), nonetheless, the spiritual training starts with Shari'ah.
     The willingness to abide by the Shari'ah is known as "obedience" on the spiritual path. When in the presence of my Sheikh (r.a.), as far as I was concerned, his interpretation and method for living life was Shari'ah for me. I still try to apply and abide by it in spirit in this Community. One of the reasons that I created a Katib Committee is to organize a Body of Work for our Community that might also educate us in the understanding of Shari'ah. What does it mean to live here on this earth? What is our purpose? The Community must be equipped with the most appropriate information and instruction for physical, mental/emotional, spiritual and social practice that best enhances the traveling along the Tariqat.
     God willing (Insha`Llah), may our method of movement raise our spiritual station to the permanent engaged realization of the Haqiqah (Absolute Truth of God). If we can hold that vision of al-Haqq, then we may have the experience of Ma'rifah (Gnosis).