Principles of Islamic Jurisprudence by MH kamali

22 abu dawud sunan iii 1013 hadith no 3567 this

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Unformatted text preview: ve also quoted in this connection two other ahadith, one of which makes the pursuit of knowledge an obligation of every Muslim, man or woman, and the other declares the Ulema to be the successors of the Prophets. [26. Ibn Majah, Sunan, I, 81, Hadith no. 224; Amidi, Ihkam, IV, 230, 234; Shatibi, Muwafaqat, IV, 140.] The relevance of the last two ahadith to ijtihad is borne out by the fact that ijtihad is the main instrument of creativity and knowledge in Islam. The numerous Qur'anic ayat that relate to ijtihad are all in the nature of probabilities (zawahir). All the Qur'anic ayat which the ulema have quoted in support of qiyas (see page 217) can also be quoted in support of ijtihad. In addition, we read, in sura al-Tawbah (9:122): 'Let a contingent from each division of them devote themselves to the study of religion [li-yatafaqqahu fi'l-din] and warn their people [. . .]' Devotion to the study of religion is the essence of ijtihad, which should be a continuous feature of the life of the community. Although the pursuit of knowledge is a duty of every individual, attaining tafaqquh, or 'erudition in religious disciplines', is necessary for those who guide the community and warn them against deviation and ignorance. On a similar note, we read in sura al-Ankabut (29:69): 'And those who strive [wa'l-ladhina jahadu] in Our cause, We will certainly guide them in Our paths.' It is interesting that in this ayah the word subulana ('Our paths') occurs in the plural form, which might suggest that there are numerous paths toward the truth, which are all open to those who exert themselves in its pursuit. Furthermore, we read in sura al-Nisa' (4:59): `If you dispute over something, then refer it to God and to the Messenger.' The implementation of this ayah would necessitate knowledge of the Qur'an, the Sunnah and the objectives (maqasid) of the Lawgiver on whose basis disputed matters could be adjudicated and resolved. The Companions practiced ijtihad, and their consensus is claimed in support of it. Mahmassani, Falsafah, p.95; Kassab, Adwa', p. 19.] Principles of Islamic Jurisprudence ~ Kamali 321 [24. Bukhari, Sahih [27. Ibn al-Qayyim, I'lam, I, 176; In their search for solutions to disputed matters, they would base their judgement on the Qur'an and the Sunnah, but if they failed to find the necessary guidance therein, they would resort to ijtihad. The fact that the Companions resorted to ijtihad in the absence of a nass is established by continuous testimony (tawatur). [28. Ghazali, Mustasfa, II, 106; Ibn al-Qayyim, I'lam, I, 176; Kassab, Adwa', p. 19.] The rational argument in support of ijtihad is to be sought in the fact that while the nusus of Shari'ah are limited, new experiences in the life of the community continue to give rise to new problems. It is therefore imperative for the learned members of the community to attempt to find solutions to such problems through ijtihad. [29. Cf. Kassab, Adwa', p. 20.] Conditions (Shurut) of Ijtihad The mujtahid must be a Muslim and a competent person of sound mind who has attained a level of intellectual competence which enables him to form an independent judgment....
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

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