Misdirection and Approval" according to al-Ghazålì and the Shiite Jurisprudents

One of the issues discussed in Shi‘ite jurisprudence in a comparative way is the question of “misdirection and approval” (takhĥa’ah wa taģwìb). On this point, Imamite Shi‘ite jurists held discussions with followers of Sunni schools, and each have taken positions that have become characteristic for both sides. The Ash‘arites and a small number of the Mu‘tazilites held that God has no verdict in this sensible world, but that God’s verdict is identical with the opinio communis reached by the authoritative experts. Hence, the experts in Islamic jurisprudence (the Mujtahids) never fail. This theory is labeled the “theory of approval” (taģwìb), and its followers are called “the approvers” (muģawwibah). The followers of the contrary theory are called “the fallibilists” (mukhaĥĥi’ah), i.e. the theory hat holds that God does have verdicts in the real world and that the jurists might or might not find them, so that in the latter case they are indeed fallible. Al-Ghazålì, one of the outstanding patrons of the Ash‘arite school, is a stout defender of the “approval” theory. Apparently, this quarrel does not go back to the early centuries of the canonization of Islamic jurisprudence. It rather seems to have resulted from discussions that gained momentum in the circles of theologians, i.e. kalåm theorists. Generally, the issue has more of a theological character rather than belonging to judicial discussions. In this regards, this paper discusses questions such as: What was the initial claim? What are the roots of the quarrel? And finally, what was actually troubling the mind of those who pursued the question?