f Shame (Ḥayāʾ) as an Affective Disposition in Islamic Legal Thought

References

1.  Hallaq, Impossible State, 122.
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2.  See Qushayrī, Risāla, 214–218.
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3.  Māwardī, Adab al-dunyā wa’l-dīn, 256–257. He describes good and evil (al-khayr wa’l-sharr) as “hidden/latent things” (maʿānin kāmina) that are revealed by “outward characteristics” (simāt) such as ḥayāʾ, here implicitly understood in a behavioral sense.
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4.  Māwardī, Adab, 259.
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5.  Māwardī, Adab al-dunyā wa’l-dīn, 260.
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6.  Mahmood, Politics of Piety, 155. It seems likely that the gendering of the concept has shifted in the modern period – medieval texts rarely associate veiling with ḥayāʾ, for instance, whereas modern ones often do.
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7.  Kaster, “Shame of the Romans,”10–11. Compare Goffman’s contention that “there is only one complete unblushing male in America: a young, married, white, urban, northern, heterosexual Protestant father, of college education, fully employed…” (cited in Nussbaum, Hiding from Humanity, 173).
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8.  Māwardī, al-Ḥāwī al-kabīr, 21:164.
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9.  Juwaynī, Nihāyat al-maṭlab, 19:8.
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10.  Māwardī, Ḥāwī, 17:153–154.
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11.  Juwaynī, Nihāya, 19:9-8; compare Abū Ḥāmid al-Ghazālī, al-Wasīṭ fī’l-madhhab, al-Ḥusaynī ibn ʿUmar ibn ʿAbd al-Raḥīm (ed.) (Beirut: Dār al-Kutub al-ʿArabīya, 1422/2001), 4:330. Al-Ghazālī’s Wasīṭ was based on the Nihāyat al-maṭlab of his teacher, al-Juwaynī.
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12.  Juwaynī, Nihāya, 19:9; compare Ghazālī, Wasīṭ, 4:330. Similarly, in the Iḥyāʾ al-Ghazālī notes that “eating in the marketplace is [a sign of] humility and unpretentiousness (tawāḍuʿ wa-tark takalluf) for some people, in which case it is praiseworthy (ḥasan), and a violation of murūʾa for others, in which case it is repugnant (makrūh).” He concludes that only the mores of the specific place and the compatibility of this action with the person’s overall comportment can determine whether or not it should disqualify him from witnessing. The various motivations that can lie behind public eating reflect the different implicit audiences for proper shame; al-Ghazālī cites an anecdote in which a Sufi, seen eating in the marketplace, is exhorted to withdraw discreetly into the mosque and retorts, “I am ashamed to go into [God’s] house to eat there!” (Ghazālī, Iḥyāʾ, 2:21).
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13.  Juwaynī, Nihāya, 19:9.
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14.  See Juwayni, Nihāyat al-maṭlab, 9.
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15.  Ghazālī, Iḥyāʾ, 4:225–6.
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16.  Ghazālī, Iḥyāʾ, 3:60–63.
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17.  Ibn Qutayba, Taʾwīl mukhtalif al-ḥadīth, 440.
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18.  See Katz, Prayer, 70–72, 164.
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19.  Hallaq, Impossible State, 113–114. His analysis in this work does not appear to discuss either murūʾa or ḥayāʾ.
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20.  Ibn Ḥajar, Fatḥ al-bārī, 1:138.
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