Principles of Islamic Jurisprudence by MH kamali

A mujtahid even when he takes an exception to the

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: ther suggested that the threat in the ayah under discussion is primarily concerned with the first part of the ayah, namely, disobeying the Prophet, and not necessarily with the second. Hence divergence from the believers' way is lawful in the absence of opposition to the Prophet. The validity of this critique is, however, disputed, as the ayah itself does not distinguish between the two parts as such, and therefore the threat applies equally to both. [35 Amidi, Ihkam, I, 205.] Al-Amidi discusses the Qur'anic ayat concerning ijma', and concludes that they may give rise to a probability (zann) but they do not impart positive knowledge. If we assume that ijma` is a decisive proof, then establishing its authority on the basis of speculative evidence is not enough. Speculative Principles of Islamic Jurisprudence ~ Kamali 164 evidence would suffice only if ijma' were deemed to be a speculative doctrine, which is not the case. Amidi, Ihkam, I, 218.] 2. The Sunnah on Ijma ` The Hadith which is most frequently quoted in support of ijma' reads: `My community shall never agree on an error.' ijma' have been quoted by both Ghazali and Amidi as shown in footnote 41 below.] [37. Ibn Majah, Sunan, II, 1303. Hadith no. 3950. This and a number of other ahadith on The last word in this Hadith, namely al-dalalah, is rendered in some reports as al-khata.' The jurists have used the two words interchangeably, but in the classical Hadith collections this Hadith has been recorded with the word al-dalalah. Docrtrine, p.60.] Al-Ghazali has pointed out that this Hadith is not mutawatir, and as such, it is not an absolute authority like the Qur'an. The Qur'an on the other hand is mutawatir but contains no nass on ijma`. Having said this, however, al-Ghazali adds that a number of prominent Companions have reported ahadith from the Prophet, which although different in their wording, are all in consonance on the theme of the infallibility of the community and its immunity from error. Principles of Islamic Jurisprudence ~ Kamali 165 [38. Cf. Ahmad Hasan, [39. Ghazali, Mustasfa, I, 111.] Leading figures among the Companions such as 'Umar b. al-Khattab, `Abdullah b. Mas'ud, Anas b. Malik. `Abdullah b. Umar, Abu Said al-Khudri, Abu Hurayrah, Hudhayfah and others have reported ahadith which include the following: 1. My community shall never agree upon an error (al-khata'): 2. God will not let my community agree upon an error: 3. I beseeched Almighty God not to bring my community to the point of agreeing on dalalah and He granted me this: 4. Those who seek the joy of residing in Paradise will follow the community. For Satan can chase an individual but he stands farther away from two people: [36 5. The hand of God is with the community and (its safety) is not endangered by isolated oppositions: 6. Whoever leaves the community or separates himself from it by the length of a span is breaking his bond with Islam: 7. A group of my ummah shall continue to remain on the right path. They will be the dominant force and...
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