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Title: The Gates of Orthodox Ijtihad
Author: Sidewinder
Date: 2010-01-15
Language: en
Topics: capital, labor, Islam, marxism, value
Source: Retrieved 12/01/2021 from https://web.archive.org/web/20120309050349/http://anarchism.pageabode.com/sidewinder/the-gates-of-orthodox-ijtihad

Sidewinder

The Gates of Orthodox Ijtihad

Like Judaism, Islam is not only a community of faith but a system of law

and jurisprudence. Islamic jurisprudence is based upon the

interpretation of the texts of the Qur’an, the Hadith and Sunnah.

Various schools or madhabs of past interpretations have built up over

time such that coming to a ruling can come through two main routes — the

imitation (taqlid) of past scholars and the traditional schools, or

original interpretation of the source texts. This is ijtihad, a word

derived from the same 3-letter root (j-h-d, jahada — “struggle”) as

jihad, meaning “struggle with yourself”. It contains the idea that

original interpretation is a product of struggle, arduous and

potentially a mortal danger to body and soul.

Whilst in the Shia tradition of ijtihad continues to be a central part

of jurisprudence, it is much less in evidence in contemporary Sunni

tradition where following the madhabs is the conventional route. The

dominant story until recently was that this was because at some time

between the 10^(th) to 12^(th) centuries (CE) the dominant Sunni view

came to be that contemporary scholars were too remote from the “rightly

guided” followers of Mohammed to any longer be capable of righteous new

interpretations. This story was called the closing of the gates of

ijtihad, and is associated with the ascendance of the “anti-philosophy”

Asharite school, principally lead by Al-Ghazali, over the more

Aristotlean and Neo-Platonic inspired Mutazilites.

Now it must be said that this account was principally one devised by

Western Orientalists, often associated with a search for idealist or

culturalist explanations for the perceived decline of Muslim

civilisation (specifically the Ottoman empire) relative to the West.

Unsurprisingly there are now challenges by muslim historians sceptical

of these Orientalist meta-narratives, pointing out that the death of

ijtihad in the Sunni tradition has been exaggerated and the “closing of

the gates” is a nice story but not really adequate to the complexities

of the actual history in which material economic, military, political

and inter-imperialist conflicts have a much larger part.

If the story of the closing of the gates of ijtihad is today suspect as

an account of the development of Sunni orthodoxy, it does have an

irresistible draw as a metaphor for the contemporary stagnation of

Marxist orthodoxy. While the gates of orthodox Marxist ijtihad are not

officially closed, many people who have tried to progress the struggle

for new interpretations of the 21^(st) century capitalist world system

find their way blocked by a number of gates sealed with orthodox

shibboleths by those who believe Lenin’s “Imperialism, The Highest Stage

of Capitalism” to be the final word on “the Epoch” (see previous post

“Orthodoxy and Time”). Collectively these seals represent a

comprehensive block on the directions new interpretations must travel to

understand the workings of the financialised system of “Capitalism with

Derivatives” that Neoliberalism has (partly inadvertantly) built and has

so recently plunged us into the first major global economic crisis of

the 21^(st) century. These seals must be broken.

Here we look at 5 sealed gates.

Unproductive Labour

This is a perennial favourite, so many forests have been cut down to

print the volume of diatribes between Marxists about the true

distinction between what types of labour are productive of value and

what are not, to the complete ignorance and indifference of the outside

world, that it is tempting to say that this debate is itself the primary

examplar of unproductive labour. Candidates for “unproductive labour”

range from the usual “luxury” personal services providers from

prostitutes, dog-walkers, shopping assistants, to nurses, teachers,

doctors, train and bus drivers. The notion that, say, London’s tube,

bus, train and taxi drivers are not productive of value rather begs the

question of why, if they all went on strike for a week, the losses to

capitalist accumulated would be calculated in the billions. The

dependence of the pharmaceutical industry, one of global capitalism’s

bigger earners, on doctors telling patients what drugs supposedly answer

their needs is another case that finds the “unproductive labour” tag

inadequate. But above all, the notion of the financial industry,

accounting for getting towards a third of UK economic activity before

the crash, is unproductive in toto is a hopeless starting point for any

attempt to analyse the causes of the current crisis.

Fictitious Capital

If it walks like a duck, swims like a duck, flys like a duck and quacks

like a duck then it’s a ... fictitious duck? The notion of fictitious

capital is bandied around a good deal these days. The problem is that

this necessarily raises the necessity of making a distinction between

fictitious and real capitals in a way that is analytical rather than

being simply either a lazy moral category masquerading as economic

analysis or, perhaps worse, indicative of a pre-Marxist conception of a

non-relational, substantial capital. Horses are real, unicorns are

fictional, but capital is as capital does. If it’s a volume of money

actively engaged in the money capital cycle M-C-M’, it’s capital plain

and simple.

No value created in the sphere of circulation

In itself, this is simply a core statement of Marx’s analysis. It

becomes a orthodox shibboleth in what areas of capitalist activity are

lumped into the category of sphere of circulation. In many ways this is

another side of the unproductive labour coin. When entire industries

such as finance are dumped into the “sphere of circulation” bin, entire,

then this analytical statement becomes a canon of dogma obstructing

proper analysis of capitalist activity in these industries.

Base/Superstructure

As many commentators have already pointed out, the orthodox

base/superstructure dogma is based on a tendentious reading of a couple

of paragraphs in the preface of the “Contribution to a Critique of

Political Economy”, the notorious “handmill” passage from “Poverty of

Philosophy” and the odd letter. Regardless of the weakness of it

justification, what must be avoided at all costs is any possibility of

being drawn into the utterly irrelevant debate over “the correct reading

of Marx”, itself an orthodox shibboleth (see “What is Orthodoxy” notes).

Where the notion that the relations of society can be divided into two

sections, one derivative of the other and thus negligeable, becomes an

obstacle to proper analysis is when it focus on “the forces of

production” to the exclusion of all else. No better example of this

tendency is the case of China where most orthodox commentators appear to

accepted that it has somehow crossed a threshold from some form of

socialism to a capitalist society on the basis of the presence of

capitalist looking industry and market forms, but in a way unable to

theorise the real differences still remaining between China, the US and

other Western capitalist countries on the unspoken assumption that these

differences of political structure are “superstructural”, thus somehow

secondary. Analysis cannot proceed on this basis.

Good Investor / Bad Speculator dichotomy

In his preface to the first German edition of Marx’s “Philosophy of

Poverty” published after Marx’s death, Engels makes clear the effort in

their project to disentangle the critique economic categories from moral

criticisms, the confusion of which had obstructed previous socialists.

It must be made clear that today, under the guise of dismissing vast

tracts of the contemporary capitalist economy under the anti-categories

of unproductive labour, fictitious capital and so on, the conventional

moral landscape of “good capitalist” vs. “bad capitalist” is being

reproduced lock, stock and barrel. The tabloids scream about greedy

bankers and parasitic speculators ruining capitalism for honest workers

and their productive business men employers and decent investors. The

orthodox join in the hue and cry with the same aunt sally figures

dressed up in Marxist-sounding jargon. To rail against parasitic

speculators, is to provide an alibi for the workings of the capitalist

system itself of which these periodic crises are an integral part of its

functioning.