Principles of Islamic Jurisprudence by MH kamali

For many of the leading mujtahids are known to have

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: ition of the three Sunni schools on the point, Abu Zahrah (Usul, p. 311) adds that this is not definite as, for example, some Hanafis have considered Kamal al-Din ibn al-Humam as a mujtahid of the first class.] Another related question that has been extensively debated by the ulema is whether the idea of the total extinction of Principles of Islamic Jurisprudence ~ Kamali 333 [72. Cf. mujtahids at any given period or generation is at all acceptable from the viewpoint of doctrine. Could the Shari'ah entertain such a possibility and maintain its own continuation , both at the same time? The majority of the ulema of usul, including al-Amidi, Ibn al-Hajib, Ibn al-Humam, Ibn al-Subki, and Zakariya al-Ansari have answered this question in the affirmative, whereas the Hanbalis have held otherwise. The Hanbalis have argued that ijtihad is an obligatory duty of the Muslim community whose total abandonment would amount to an agreement on deviation/error, which is precluded by the Hadith which states that 'My community shall never agree on an error.' Irshad, p. 253; Ghazali, Mustasfa, I, 111.] [79. Muslim, Sahih, p. 290, Hadith no. 1095; Shawkani, To say that ijtihad is a wajib, whether `ayni or kafa'i, takes it for granted that it may never be discontinued. This is also the implication of another Hadith which provides that 'a section of my ummah will continue to be on the right path; they will be the dominant force and they will not be vanquished till the Day of Resurrection.' [80. Muslim, Sahih, p. 290, Hadith no. 1095; Shawkani, Irshad, p. 253; Ghazali, Mustasfa, I, 111.] Since the successful pursuit of truth is not possible without knowledge, the survival of mujtahidun in any given age (`asr) is therefore sustained by this Hadith. Furthermore, according to some ulema, the duty to perform ijtihad is not fulfilled by means of limited ijtihad or by practicing the delivery of fatwa alone. According to the Hanbalis, the claim that ijtihad has discontinued is to be utterly rejected. Ijtihad is not only open, but no period may be without a mujtahid. The Shi'ah Imamiyyah have held the same view. The Shi'ah, however, follow their recognised Imams, in whose absence they may exercise ijtihad on condition that they adhere, both in principle and in detail, to the rulings of the Imams. In the absence of any ruling by the Imams, the Shi'ah recognise `aql as a proof following the Qur'an, the Sunnah, and the rulings of their Imams. [81. Abu Zahrah, Usul, p.312; Kassab, Adwa', p.112.] And finally, it may be said that the notion of the discontinuation of ijtihad would appear to be in conflict with some of the important doctrines of Shari'ah. The theory of ijma', for example, and the elaborate procedures relating to qiyas all proceed on the assumption that they are the living proofs of the law and contemplate the existence of mujtahidun in every age. [82. Cf. Abdur Rahim, Jurisprudence, p. 174.] 2) Mujtahids within the School. These are jurists who expounded the law within the confines of a particular school while adhering to the principles laid down by their Imams. Among the prominent na...
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