Principles of Islamic Jurisprudence by MH kamali

The duty remains unfulfilled until it is performed by

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Unformatted text preview: is forbidden to a mujtahid who is capable of deducing the hukm directly from the sources. Should there be no urgency over ijtihad, or in the event where other mujtahids are available, then the duty remains as a fard kafa'i only. Furthermore, ijtihad is recommended (mandub) in all cases where no particular issue has been referred to the mujtahid, or when it is attempted in the absence of an issue by way of theoretical construction at the initiative of the jurist himself. And finally ijtihad is forbidden (haram) when it contradicts the decisive rules of the Qur'an, the Sunnah and a definite ijma'. Irshad, p.235; Khudari, Usul, p.368; Zuhayr, Usul, IV, 227.] The ulema of usul are in agreement that the mujtahid is bound by the result of his own ijtihad. Once he has deduced the ruling on a particular issue which is founded in his true conviction and belief, he may not imitate other mujtahids on that matter regardless as to whether they agree with him or otherwise. For the mujtahid, the conclusion that he reaches is tantamount to a divine command which he must observe. It is therefore unlawful for him to abandon it or to follow anyone else in respect of it. But if he had not rendered his own ijtihad on an issue which is not urgent, and he has time to investigate, then according to some ulema he may imitate other mujtahids. However, the preferred view is that he must avoid taqlid, even of one who might be more learned than him. Only a 'ammi (layman) who is capable of ijtihad is allowed to follow the opinion of others. [13. Ghazali, Mustasfa, II, 121; Amidi, Ihkam, IV, 204; Kassab, Adwa', p. 119.] This is considered to be the purport of the Qur'anic command, addressed to all those who have the capacity and knowledge, to exert themselves in the cause of justice and truth (al-Hashr, 59:2). Principles of Islamic Jurisprudence ~ Kamali 318 [12. Shawkani, Elsewhere we read in the Qur'an (Muhammad, 47:24): 'Will they not meditate on the Qur'an, or do they have locks on their heart?' The same conclusion is sustained in another Qur'anic passage, in sura al-Nisa' (4:59) where the text requires the judgment of all disputes to be referred to God and to His Messenger. These and many similar ayat in the Qur'an lend support to the conclusion that it is the duty of the learned to study and investigate the Qur'an and the teachings of the Prophet. The correct meaning of the manifest directives (Zawahir) of the Qur'an is also understood from the practice of the Companions who used to investigate matters, and each would formulate their own ijtihad, in which case they would not imitate anyone else. [14. Amidi, Ihkam, IV, 14; Khudari, Usul; p. 380.] The mujtahid is thus the authority (hujjah) for himself. His is the duty to provide guidance to those who do not know, but he himself must remain in close contact with the sources. This is also the purport of another Qur'anic ayah which enjoins those who do not possess knowledge: 'Then ask those who have knowledge (ahl al-dhikr) if you yourselves do not know' (alNahl, 16:43). Thus only those who do not know may seek guidance from others, not those who...
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