Principles of Islamic Jurisprudence by MH kamali

the mujtahid must also be knowledgeable in the quran

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Unformatted text preview: a legal rule from the narratives and parables that are found in the Qur'an. The knowledge of ayat al-ahkam includes knowledge of the related commentaries (tafasir) with special reference to the Sunnah and the views of the Companions. Al-Qurtubi's Tafsir al-Qurtubi, and the Ahkam al-Qur'an of Abu Bakr, 'Ali al-Jesses, are particularly recommended. [34. Shawkani, Irshad, pp. 250-51; Abu Zahrah, Usul, p.304; Zuhayr, Usul, IV, 226.] Next, the mujtahid must possess an adequate knowledge of the Sunnah, especially that part of it which relates to the subject of his ijtihad. This is the view of those who admit the divisibility (tajzi'ah) of ijtihad (for which see below), but if ijtihad is deemed to be indivisible, then the mujtahid must be knowledgeable of the Sunnah as a whole, especially with reference to the ahkam texts, often referred to as ahadith al-ahkam. He must know the incidences of abrogation in the Sunnah, the general and the specific, ('amm and khass), the absolute and the qualified (mutlaq and muqayyad), and the reliability or otherwise of the narrators of Hadith. It is not necessary to commit to memory the ahadith al-ahkam or the names of their narrators, but he must know where to find the ahadith when he needs to refer to them, and be able to distinguish the reliable from the weak and the authentic from the spurious. Shawkani, Irshad, p.251 ff; Abu Zahrah, Usul, p. 304.] Imam Ghazali points out that an adequate familiarity with the ahadith al-ahkam such as those found in Sunan Abi Dawud, Sunan al-Bayhaqi, or the Musnad of Ibn Hanbal would suffice. According to another view, which is attributed to Ahmad b. Hanbal, the ahadith al-ahkam are likely to number in the region of 1200. [36. Ghazali, Mustasfa, II, 101; Shawkani, Irshad, p. 251.] The mujtahid must also know the substance of the furu`works and the points on which there is an ijma'. He should be able to verify the consensus of the Companions, the Successors, and the leading Imams and mujtahidun of the past so that he is guarded against the possibility of issuing an opinion contrary to such an ijma`. It would be rare, al-Shawkani observes, for anyone who has attained the rank of a mujtahid not to be aware of the issues on which there is a conclusive ijma`. By implication, the mujtahid must also be aware of the opposing views, as it is said, 'the most learned of people is also one who is most knowledgeable of the differences among people'. Zahrah, Usul, p. 305.] [37. Shawkani, Irshad, p. 251; Ghazali, Mustasfa, II, 101; Abu In their expositions of the qualifications of a mujtahid, the ulema of usul place a special emphasis on the knowledge of qiyas. The Qur'an and the Sunnah, on the whole, do not completely specify the law as it might be stated in a juristic manual, but contact general rulings and indications as in the causes of such rulings. The mujtahid is thus enabled to have recourse to analogical deduction in order to discover the ruling for an unprecedented case. An adequate knowledge of the rules and procedures of qiy...
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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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