Principles of Islamic Jurisprudence by MH kamali

In the absence of any ruling by the imams the shiah

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: mes that feature in this category are Zafar b. al-Hudhayl, Hasan b. Ziyad in the Hanafi school; Isma'il b. Yahya al-Muzani, 'Uthman Taqi al-Din b. al-Salah and Jalal al-Din al-Suyuti in the Shafi'i; Ibn `Abd al-Barr and Abu Bakr b. al-`Arabi in the Maliki, and Ibn Taymiyyah and his disciple Ibn Qayyim alJawziyyah in the Hanbali schools. It is observed that although these ulema all followed the doctrines of their respective schools, nevertheless they did not consider themselves bound to follow their masters in the implementation of the general principles or in arguments concerning particular issues. This is borne out by the fact that they have held opinions that were opposed to those of their leading Imams. Zahrah, Usul, p. 312; Kassab, Adwa', p. 39; Abdur Rahim, Jurisprudence, p. 183.] Principles of Islamic Jurisprudence ~ Kamali 334 [83. Abu 3) Mujtahids on Particular Issues. These are jurists who were competent to elucidate and apply the law in particular cases which were not settled by the jurists of the first and second ranks. They did not oppose the leading mujtahidun and generally followed the established principles of their schools. Their main pre-occupation was to elaborate the law on fresh points which were not clearly determined by the higher authorities. Scholars like Abu'l-Hasan al-Karkhi and Abu Ja'far al-Tahawi in the Hanafi school, Abu al-Fadl al-Marwazi and Abu Ishaq al-Shirazi in the Shafi'i, Abu Bakr al-Abhari in the Maliki and 'Amr b. Husayn al-Khiraqi in the Hanbali schools have been placed it this category. All the preceding three classes were designated as mujtahids, but the remaining four classes of ulema, as described below have been classified as imitators. Theories, p. 95; Mawsu'ah Jamal, I, 253, and VII, 387.] [84. Abu Zahrah, Usul, p. 314; Kassab, Adwa', p. 40; Aghnides, Muhammedan 4) The so-called ashab al-takhrij, who did not deduce the ahkam but were well conversant in the doctrine and were able to indicate which view was preferable in cases of ambiguity, or regarding suitability to prevailing conditions. [85. Abu Zahrah, Usul, p. 315; Kassab, Adwa', p. 40; Aghnides, Muhammedan Theories, p. 96.] 5) The ashab al-tarjih are those who were competent to make comparisons and distinguish the correct (sahih) and the preferred (rajih, arjah) and the agreed upon (mufta biha) views from the weak ones. Authors like 'Ala' al-Din al-Kasani and Burhan al-Din al-Marghinani of the Hanafi school, Muhyi alDin al-Nawawi of the Shafi'i, Ibn Rushd al-Qurtubi of the Maliki and Muwaffaq al-Din ibn Qudamah of the Hanbali schools and their equals have been placed in this category. 40; Aghnides, Muhammedan Theories, p. 96.] [86. Abu Zahrah, Usul, p. 315; Kassab, Adwa', p. 6) The so-called ashab al-tashih: those who could distinguish between the manifest (zahir al-riwayah) and the rare and obscure (al-nawadir) views of the schools of their following. Textbook writers whose works are in use in the various madhahib are said to fall into this category. Adwa', p. 40; Aghnides, Muhammedan Theories, p. 96.] [87. Abu Zahrah, Usul, p. 315; Kassab, It will be noted here that the previous three categories are somewhat overlapp...
View Full Document

Ask a homework question - tutors are online