Principles of Islamic Jurisprudence by MH kamali

By implication the mujtahid must also be aware of the

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Unformatted text preview: as is thus essential for the mujtahid. Imam Shafi`i has gone so far as to equate ijtihad with qiyas. Analogy, in other words, is the main bastion of ijtihad, even if the two are not identical. Al-Ghazali has observed that notwithstanding the claim by some ulema that qiyas and ijtihad are identical and coextensive, Principles of Islamic Jurisprudence ~ Kamali 323 [35. ijtihad is wider than qiyas as it comprises methods of reasoning other than analogy. Shawkani, Irshad, p. 252; Abu Zahrah, Usul, p. 306.] Furthermore, the mujtahid should know the objectives (maqasid) of the Shari'ah, which consist of the masalih (considerations of public interest). The most important masalih are those which the Lawgiver has Himself identified and which must be given priority over others. Thus the protection of the `Five Principles', namely of his, religion, intellect, lineage and property, are the recognised objectives of the Lawgiver. These are the essentials (daruriyyat) of the masalih and as such they are distinguished from the complementary (hajiyyat) and the embellishments (tahsiniyyat). The mujtahid must also know the general maxims of fiqh such as the removal of hardship (raf`al-haraj), that certainty must prevail over doubt, and other such principles which are designed to prevent rigidity in the ahkam. He must be able to distinguish the genuine masalih from those which might be inspired by whimsical desires, and be able to achieve a correct balance between values. [38. Ghazali, Mustasfa, II, 54; [39. Shawkani, Irshad, p. 252; Abu Zahrah, Usul, p.307; Badran, Usul, p. 208.] Al-Shatibi summarises all the foregoing requirements of ijtihad under two main headings, one of which is the adequate grasp of the objectives of the Shari'ah, while the other is the knowledge of the sources and the methods of deduction. The first of these is fundamental, and the second serves as an instrument of achieving the first. [40. Shatibi, Muwafaqat, IV, 56; Abu Zahrah, Usul, p. 307.] It is further suggested in this connection that the mujtahid must be capable of distinguishing strength and weakness in reasoning and evidence. This requirement has prompted some ulema to say that the mujtahid should have a knowledge of logic (mantiq). But this is not strictly a requirement. For logic as a discipline had not even developed during the time of the Companions, but this did not detract from their ability to practice ijtihad. [41. Abu Zahrah, Usul, pp. 308-309; Ghazali, (Mustasfa, II, 103), considers a knowledge of Arabic, Hadith and usul al-fiqh to be essential to ijtihad. However the requirement concerning the knowledge of Usul would seem to be repetitive in view of the separate conditions that the mujtahid must fulfill, such as the knowledge of qiyas and other such requirements, which fall under the subject of Usul.] And finally, the mujtahid must be an upright (`adil) person who refrains from committing sins and whose judgement the people can trust. His sincerity must be beyond question and untainted wit...
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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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