Principles of Islamic Jurisprudence by MH kamali

During the first two and a half centuries of islam

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: o categories, as noted above. [73. Hallaq, The Gate, p. 18.] This division was later developed into five, and eventually into seven classes. While representing the prevailing opinion of his time, al-Ghazali admitted that independent mujtahids were already extinct. [74. While quoting Ghazali's statement, Shawkani (Irshad, p. 253) considers it of questionable validity and adds that Ghazali almost contradicted himself when he said that he did not follow Shafi'i in all his opinions.] About two centuries later, the number of the ranks of mujtahidun reached five, and by the tenth/sixteenth century seven ranks were distinguished, while from the sixth/twelfth century onwards jurists are said to belong to only the last two categories on the scale of seven. classification of ijtihad can be found in Hallaq, The Gate, p. 84ff.] [75. A more detailed account of the historical development concerning the This is as follows: 1) Full Mujtahid (mujtahid fi'l-shar'). This rank is assigned to chose who fulfilled all the requirements of ijtihad. They deduced the ahkam from the evidence in the sources, and in so doing were not restricted by the rules of a particular madhhab. The learned among the Companions, and the leading jurists of the succeeding generation, like Sa`id b. al-Musayyib and Ibrahim al-Nakha'i, the leading Imams of the four schools, the leading Imams of the Shi'ah Muhammad al-Baqir and his son ja'far alSadiq, al-Awza'i and many others were identified as independent mujtahids. It is by the authority of these that consensus of opinion, analogy, juristic preference, maslahah mursalah, etc., were formulated and established as the secondary proofs of Shari'ah. Jurisprudence, pp. 182-83.] [76. Abu Zahrah, Usul, p. 310; Kassab, Adwa', p. 38; Abdur Rahim, Although Abu Yusuf and al-Shaybani are usually subsumed under the second rank, Abu Zahrah, who has written extensively on the lives and works of the leading ulema, regards them as full mujtahids. The criteria of distinguishing the first from the second class of mujtahidun is originality and independent thought. If this is deemed to be the case the mere fact that a mujtahid has concurred with the opinion of another is immaterial in the determination of his rank. For many of the leading mujtahids are known to have concurred with the views of other ulema. For example, it is known that Abu Hanifah on many occasions agreed with and followed the views of his teacher Ibrahim al-Nakha'i, but this was only because he was convinced of the accuracy of his reasoning, and not out of imitation for its own sake. [77. Abu Zahrah, Usul, p. 310; Kassab, Adwa', p. 38; Abdur Rahim, Jurisprudence, pp. 182-83.] The question arises whether this type of ijtihad is still open or came to an end with the so-called closure of the gate of ijtihad. With the exception of the Hanbalis who maintain that ijtihad in all of its forms remains open, the ulema of the other three schools have on the whole acceded to the view that independent ijtihad has discontinued. [78. While stating the pos...
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