Your question is sharp and cuts to the heart of a key tension in Islamic legal theory: Does the principle of caution (ihtiyāt) or “taking the safer path” (al-ahwat) apply to a mujtahid‘s personal conduct, especially regarding potential hedonism?
The short answer is yes, absolutely. In classical Usuli thought, the mujtahid is not exempt from the ethical and spiritual guardrails of the faith. Let’s break down why, using the specific example of polygamy.
1. The Role and Responsibility of the Mujtahid
A mujtahid is an expert in deriving rulings (aḥkām) from the sources. His expertise is in knowing the legal boundaries, not in having a license to indulge at the edges of those boundaries.
- His “happiness” with the law, as discussed earlier, is ideally a scholarly appreciation of its wisdom and balance.
- His personal conduct is governed by the same ultimate objectives (maqāṣid) that he identifies for the laity: preserving faith, life, intellect, lineage, and property, and upholding justice (‘adl), piety (taqwā), and avoiding excess (isrāf).
2. How the Principle of Caution (Ihtiyāt) Applies
Ihtiyāt means choosing the more precautionary opinion when in doubt. For a mujtahid, this operates on two levels:
- In Issuing Fatwas: If the evidence for the permissibility (ibāḥah) of an act is strong but not absolutely decisive, while the evidence suggesting its undesirability (karāhah) or prohibition (ḥurmah) also has weight, a cautious mujtahid might advise the laity toward the more restrictive opinion to protect them from harm.
- In Personal Conduct: This is where your question is most relevant. A mujtahid is expected to apply an even higher standard of caution to himself. The legal maxim is: “Leaving a doubtful matter is better than falling into it” (تْرُكُ الشُّبُهَاتِ أَفْضَلُ مِنَ الْوُقُوعِ فِيهَا).
- Example: If a mujtahid is considering a fourth marriage, the formal legal (fiqhī) condition is his ability to be just. The cautionary principle would compel him to engage in intense self-scrutiny (muḥāsabah): “Is my desire truly for a stable marital companionship fulfilling the maqāṣid, or is it tinged with hedonistic impulse? Am I truly confident I can be just, not just financially, but emotionally and in time, given my duties?” If there is any self-doubt, the principle of caution dictates restraint.
3. Hedonism vs. Lawful Enjoyment: The Spiritual Filter
Islam does not forbid enjoyment within lawful limits. The crucial filter is intent (niyyah) and adherence to the spirit of the law.
- Lawful Enjoyment: A mujtahid marries (or takes another wife) with the primary intent to fulfill a Sunnah, build a family, seek companionship, and live within a divinely sanctioned framework.
- Hedonism: Using the mere technical permissibility (ḥilliyyah) of polygamy as a tool for serial sensual gratification, while neglecting the immense accompanying responsibilities (justice, emotional upkeep, social welfare of all wives and children), corrupts the act. It becomes a legalistic exploitation of the law’s letter, violating its spirit.
A true mujtahid would be the first to condemn this as a spiritual and ethical failure. The principle of caution requires him to build a “spiritual buffer zone”—to stay far from the slippery slope where a permissible act (mubāḥ) becomes a covetous, obsessive, or unjust one, which would be sinful.
4. The Higher Authority: Ethics (Akhlāq) and Objectives (Maqāṣid) Over Mere Permissibility
Usuli thought, especially in its later developments, places great weight on maqāṣid al-sharī’ah. A mujtahid understands that not everything permissible is advisable or virtuous.
- The Canon of Akhlāq: Classical ethical manuals (like Ghazali’s Iḥyā‘) are replete with warnings against the soul’s unchecked desires (hawā), even for lawful things. A mujtahid is meant to be a master of akhlāq as much as fiqh.
- The Objective of Preserving Lineage (Ḥifẓ al-Nasl): Hedonistic polygamy often undermines this objective by creating fractured families, neglected children, and rivalry between households.
- The Objective of Justice (‘Adl): This is the explicit, non-negotiable Qur’anic condition for polygamy (4:3). A mujtahid pursuing hedonism would almost certainly be violating this condition in spirit, if not in overt financial provision.
Conclusion: The Mujtahid is Bound by a Stricter Standard
No, the principle of caution is not suspended for the mujtahid. On the contrary, it is amplified.
- Legally: He must be scrupulous in applying the conditions of the law to himself.
- Ethically: He is bound by the higher objectives of the Sharia and the Islamic ethical code, which tame hedonistic impulses.
- Spiritually: He is meant to be an exemplar (qudwah). His personal practice of ihtiyāt—choosing the safer, more pious path even when a more permissive one is legally available—is a core part of his leadership.
Therefore, the hypothetical “mujtahid happy with permanent polygamy” in your original statement, if his happiness stems from hedonism, would be a failed mujtahid in the eyes of classical Usuli tradition. He would have mastered the map of the law (fiqh) but ignored the compass of its purpose (maqāṣid and akhlāq). The principle of caution exists precisely to prevent such a divergence.
A spiritual Ishmaelite 