Principles of Islamic Jurisprudence by MH kamali

Principles of Islamic Jurisprudence by MH kamali

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Unformatted text preview: ing and could be unified under one category to comprise all those who drew comparisons and evaluated the strengths and weaknesses of the existing views. 7) And finally the muqallidun, or the `imitators', who lack the abilities of the above and comprise all who do not fall in any of the preceding classes. It is said concerning them that, They do not distinguish between the lean and the fat, right and left, but get together whatever they find, like the one who gathers wood in the dark of the night. [88. Abu Zahrah, Usul, p.316.] Principles of Islamic Jurisprudence ~ Kamali 335 While referring to this classification, Aghnides is probably right in observing that `It implies a gratuitous assumption that the latter mujtahids could not show greater independence of thought.' Aghnides, Muhammedan Theories, p. 96.] The restrictions that were imposed on ijtihad and the ensuing phenomenon of the 'closing of its gate' are, in the most part, an historical development which could find little if any support in the legal theory of ijtihad. Similarly, the notion that the ulema, at around the beginning of the fourth century, reached such an immutable consensus of opinion that further ijtihad was unnecessary is ill-conceived and untenable. [90. Cf. Weiss, 'Interpretation', p. 208.] The mendacity of such a claim is attested by the rejection on the part of numerous ulema, including those of the Hanbali and the Shi'ah Imamiyyah, of the validity of such a consensus. Authors throughout the Muslim world have begun to criticise taqlid and advocate the continued validity of ijtihad as a divinely prescribed legal principle. A number of most prominent ulema, including Shah Wali Allah, Muhammad b. Isma'il al-San'ani, Muhammad bin `Ali al-Shawkani and Ibn 'Ali al-Sanusi led the call for the revival of ijtihad. [91. Further details on developments in the Hijaz and in the Indian subcontinent can be found in Fazlur Rahman, Islam, p.197 ff; Enayat, Modern Islamic Political Thought, p. 63 ff.] The nineteenth century Salafiyyah movement in Egypt advocated the renovation of Islam in the light of modern conditions and the total rejection of taqlid. AI-Shawkani (d.1255/1839) vehemently denies the claim that independent mujtahidun have become extinct, a claim which smacks of 'crass ignorance and is utterly to be rejected'. The same author goes on to name a number of prominent ulema who have achieved the highest rank of erudition in Shari'ah. Among the Shafi`is, for example, at least six such ulema can be named who have fulfilled, in an uninterrupted chain of scholarship, all the requirements of ijtihad. These are 'Izz al-Din ibn 'Abd alSalem and his disciple, Ibn Daqiq al-`Id, then the latter's disciple Muhammad ibn Sayyid al-Nas, then his disciple Zayn al-Din al-'Iraqi, his disciple Ibn Hajar al-`Asqalani, and his disciple, Jalal al-Din alSuyuti. That they were all full mujtahids is attested by the calibre of their works and the significant contributions they have made to the Shari'ah. The first two of these are particularly prominent. In his well-recognised juristic work. At-Bahr al-Muhit, Muhammad b. `Abd Allah al-Zarkashi...
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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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