Principles of Islamic Jurisprudence by MH kamali

58 kassab adwa p 61 thus we find passages in the quran

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: t, the text provides: `God granted you pardon, but why did you permit them to do so before it became clear to you who was telling the truth?' This ayah was revealed concerning the exemption that the Prophet granted, prior to investigating the matter, to those who did not participate in the battle of Tabuk. These and similar passages in the Qur'an indicate that the Prophet had on occasions acted on his own ijtihad. For had he acted in pursuance of a divine command, there would have been no occasion for a reprimand, or the granting of divine pardon for his mistakes. Kassab, Adwa', p. 61.] Principles of Islamic Jurisprudence ~ Kamali 329 [57. Shawkani, Irshad, [59. Shawkani, Irshad, p. 256; Ghazali, Mustasfa, II, 104; The majority view that the Prophet resorted to ijtihad finds further support in the Sunnah. Thus, according to one Hadith, the Prophet is reported to have said, `When I do not receive a revelation (wahy) I adjudicate among you on the basis of my opinion (ra'y).' no. 3578; Kassab, Adwa', p.58. For other ahadith on this point se Shawkani, Irshad, p.256.] [60. Abu Dawud, Susan (Hasan's trans.), III, 1017, Hadith The next point to be raised in this connection is whether ijtihad was lawful for the Companions during the lifetime of the Prophet. Once again the majority of ulema have held that it was, regardless as to whether it took place in the presence of the Prophet or in his absence. The ulema have, however, differed over the details. Ibn Hazm held that such an ijtihad is valid in matters other than the halal and haram, whereas al-Amidi and Ibn al-Hajib have observed that it is only speculative and does not establish a definitive ruling. There are still others who have held that ijtihad was lawful for the Companions only if it took place in the presence of the Prophet, with his permission, or if the Prophet had approved of it in some way. Those who invalidate ijtihad for the Companions during the lifetime of the Prophet maintain that the Companions had access to the Prophet in order to obtain the necessary authority, which would be decisive and final. If one is able to obtain a decisive ruling on a juridical matter, ijtihad which is merely a speculative exercise is unlawful. [61. Shawkani, Irshad, p. 257; Zuhayr, Usul, IV, 234.] This view is, however, considered to be weak as it takes for granted ready access to the Prophet; it also discounts the possibility that certain decisions had to be made by the Companions without delay. The correct view is therefore that of the majority, which is supported by the fact that the Companions did, on numerous occasions, practice ijtihad both in the presence of the Prophet and in his absence. The Hadith of Mu'adh b. Jabal is quoted as clear authority to the effect that the Prophet authorised Mu'adh to resort to ijtihad in his absence (i.e. in the Yemen). [62. Ghazali, Mustasfa, II, 104.] Numerous other names are quoted, including those of Abu Bakr, Sa'd b. Mu'adh, Amr b. al-'As and Abu Musa al-Ash'ari, who have deliver...
View Full Document

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.

Ask a homework question - tutors are online