Principles of Islamic Jurisprudence by MH kamali

Principles of Islamic Jurisprudence by MH kamali

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Unformatted text preview: .]' [11. Tabrizi, Mishkat, III, 1695, Hadith no. 6001 and 6003; Ghazali, Mustasfa, I, 136; Amidi, Ihkam, IV, 152.] It is thus argued that according to these ahadith, following the way of the Companions is equated with correct guidance, which would imply that their sayings, teachings and fatwas constitute a proof that commands adherence. It is, however, contended that these ahadith refer to the dignified status of the Companions in general, and are not categorical to the effect that their decisions must be followed. In addition, since these ahadith are conveyed in absolute terms in that they identify all the Companions as a source of guidance, it is possible that the Prophet had meant only those who transmitted the Hadith and disseminated the Prophetic teachings, in which case the reference would be to the authority of the Prophet himself. The Companions in this sense would be viewed as mere transmitters and propagators of the Sunnah of the Prophet. [12. Zuhayr, Usul, IV, 192; Isma'il, Adillah, p. 287.] Furthermore, the foregoing references to the Companions, as al-Ghazali points out, are in the nature of praise, which indicates their piety and propriety of conduct in the eyes of God, but does not render adherence to their views an obligation. Al-Ghazali also quotes a number of other ahadith in which the Prophet praises individual Companions by name, all of which consist of commendation and praise; they do not necessarily man that the saying of that Companion is a binding proof (hujjah). 136-37.] 2. The second view is that the ijtihad of a Companion is not a proof and does not bind the succeeding generations of mujtahidun or any one else. This view is held by the Ash'arites, the Mu`tazilah, Imam Ahmad b. Hanbal (according to one of his two views), and the Hanafi jurist Abu al-Hasan al-Karkhi. Isma'il, Adillah, p. 294; Zuhayr, Usul, IV, 193.] The proponents of this view have quoted in support the Qur'anic ayah (al-Hashr, 59:2) which provides: `Consider, O you who have vision.' It is argued that this ayah makes ijtihad the obligation of everyone who is competent to exercise it, and makes no distinction over whether the mujtahid is a Companion or anyone else. What is obligatory is ijtihad itself, not adhering to the ijtihad of anyone in particular. This ayah also indicates that the mujtahid must rely directly on the sources and not imitate anyone, including the Companions. The proponents of this view also refer to the ijma' of the Companions, referred to above, to the effect that the views of one mujtahid among them did not bind the rest of the Companions. [15. Ghazali, Mustasfa, I, 135; Amidi, Ihkam, IV, 149.] Al-Ghazali and al-Amidi both consider this to be the preferred view, saying that those who have held otherwise have resorted to evidence which is generally weak. Al-Shawkani has also held that the fatwa of a Companion is not a proof, as he explains that the ummah is required to follow the Qur'an and Principles of Islamic Jurisprudence ~ Kamali 213 [13. Ghazali, Mustasfa, I, [14. Sunnah. The Shari`a...
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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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