Principles of Islamic Jurisprudence by MH kamali

Cf ismail adillah 7 khallaf ilm p the caliphs a judge

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Unformatted text preview: he fatwa of a Companion is a proof absolutely, and takes priority over qiyas regardless of whether it is in agreement with the qiyas in question or otherwise. This is the view of Imam Malik, one of the two views of Imam Shafi'i, one of the two views of Imam Ahmad b. Hanbal and of some Hanafi jurists. The proponents of this view have referred to the Qur'anic text which provides in a reference to the Companions: 'the first and foremost among the Emigrants and Helpers and those who followed them in good deeds, God is well-pleased with them, as they are with Him' (al-Tawbah, 9:100). In this text, God has praised 'those who followed the Companions'. It is suggested that this manner of praise for those who followed the opinion and judgment of the Companions warrants the conclusion that everyone should do the same . The fatwa of a sahabi, in other words, is a proof of Shari'ah. Another Qur'anic ayah which is quoted by the proponents of this view also occurs in the form of a commendation, as it reads in an address to the Companions: 'You are the best community that has been raised for mankind; you enjoin right and you forbid evil' (Al-`Imran, 3:109). Their active and rigorous involvement in the propagation of Islam under the leadership of the Prophet is the main feature of the amr bi'l-ma'ruf (enjoining right) which the Companions pursued. The Qur'an praises them as `the best community' and as such their example commands authority and respect. 192.] [9. Abu Zahrah, Usul, p. 168; Zuhayr, Usul, IV, It has, however, been suggested that the Qur'anic references to the Companions are all in the plural, which would imply that their individual views do not necessarily constitute a proof. But in response to this, it is argued that the Shari'ah establishes their uprightness ('adalah) as individuals, and those who follow them in good deeds have been praised because they followed their opinion and judgment both as individuals and groups. It is further pointed out that those who followed the Companions are praised because they followed the personal opinion of the Companions and not because the latter themselves followed the Qur'an and Sunnah. For if this were to be the case, then the Qur'anic praise would be of no special significance as it would apply to everyone who followed the Qur'an and Sunnah, whether a Companion or otherwise. If there is any point, in other words, in praising those who followed the Companions, then it must be because they followed the personal views of the Companions. It is thus concluded that following the fatwa of Companions is obligatory otherwise the Qur'an would not praise those who followed it in such terms. [10. Isma'il, Adillah, pp. 291-92.] The proponents of this view have also referred to several ahadith, one of which provides; 'My Companions are like stars; whoever you follow will lead you to the right path.' Principles of Islamic Jurisprudence ~ Kamali 212 Another Hadith which is also quoted frequently in this context reads: 'Honour my Companions, for they are the best among you, and then those who follow them and then the next generation, and then lying will proliferate after that [. ....
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