Principles of Islamic Jurisprudence by MH kamali

According to the maliki ulema since madinah was the

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Unformatted text preview: sagreement among the disciples of Malik as to the interpretation of the views of their Imam. Some of these disciples have observed that Imam Malik had only meant that the ijma` of the people of Madinah is a proof 'from the viewpoint of narration and factual reporting' (min jihah al-naql wa'l-riwayah) as they were closest to the sources of the Shari'ah. Other Maliki jurists have held that Malik only meant the Madinese ijma' to be preferable but not exclusive. There are still others who say that Malik had in mind the ijma' of the Companions alone. The proponents of the Madinese ijma` sought to substantiate their views with ahadith which include the following: 'Madinah is sacred, and throws out its dross as fire casts out the dross of metal,' and 'Islam will cling to Madinah as a serpent clings to its hole.' [69. Bukhari, Sahih (Istanbul edn.), II, 221; Muslim, Sahih, p.17, Hadith no.38; Amidi, Ihkam, I, 243. Ibn Hazm discusses ijma' ahl al-Madinah in some length, but cites none of the ahadith that are quoted by Amidi and others. He merely points out that some of the ahadith which are quoted in support of the Maliki doctrine are authentic (sahih), while others are mere fabrications (makdhub/ mawdu`) reported by one 'Muhammad ibn Hasan ibn Zabalah' (Ihkam IV, 154-155)] The majority of jurists, however, maintain that these ahadith merely speak of the dignity of Madinah and its people. Even if the ahadith are taken to rule out the presence of impurity in Madinah, they do not mean that the rest of the ummah is impure, and even less that the Madinese ijma' alone is authoritative. Had the sacred character of a place been a valid criterion, then one might say that the consensus of the people of Mecca would command even greater authority, as Mecca is the most virtuous of cities (afdal al-bilad) according to the nass of the Qur'an. Furthermore, knowledge and competence in ijtihad are not confined to any particular place. This is the purport of the Hadith in which the Prophet said: 'My Companions are like stars. Whomsoever of them that you follow will guide you to the right path.' This Hadith pays no attention whatsoever to the place where a Companion might have resided. Ihkam, I, 243ff.] To this analysis, Ibn Hazm adds the point that there were, as we learn from the Qur'an, profligates and transgressors (fussaq wa'l-munafiqun) in Madinah just like other cities. The Companions were knowledgeable in the teachings of the Prophet wherever they were, within or outside Madinah, and staying in Madinah by itself did not necessarily enhance their standing in respect of knowledge, or the ability to carry out ijtihad. Basis (Sanad) of Ijma` [71. Ibn Hazm, Ihkam, IV, 155.] According to the majority if ulema, ijma` must be founded in a textual authority or in ijtihad. Al-Amidi points out that it is unlikely that the ummah might reach unanimity over something that has no foundation in the sources. [72. Amidi, Ihkam, I, 261.] The ulema are in agreement that ijma `may be based on the Principles of Islamic Jurisprudence ~ Kamali 173 [70. Amidi, Qur'an or the Sunnah. There is, however, disagreement as to whether ijma' can be based on a ruling...
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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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