Ibn Hazm’s Literalism: A Critique of Islamic Legal Theory (I)

Abstract

Ibn Hazm’s insistence that the Qur’an and Sunna be interpreted literally has frequently lead modern scholars to conclude that he is a conservative or dogmatic thinker. In fact, he is neither. Ibn Hazm’s Zahirism emphasizes the limited scope of Islamic law and attempts to curtail the claims made by Muslim jurists to speak on behalf of God’s law. This method leads him to support rationalism, individualism, and anti-clericalism. Ibn Hazm argues in favor of these principles consistently in his works on Islamic legal theory, including the text al-Nubdha al-kafiya fi usul ahkam al-din, which is translated here. This approach promises to undermine the whole madhhab system, which explains the negative response it received from the religious establishment. In place of the madhhab system, Ibn Hazm seeks to assert the individual responsibility of each Muslim to obey God’s law as it is clearly revealed in the sacred texts of Islam.