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View Full Version : IJTIHAAD (part 1)



k.ibrahim
06-04-2019, 08:05 PM
Bismillah Ir-Rahman, Ir-Raheem. I begin with ALLAH's auspiciousness,whose Name is the Best among all the names. All Revences, All Sanctities and All Worships are due to ALLAH alone. Ashahadu An Laa illaaha illal llahu
Wa Ash Hadu Anna Muhammadan Abdu Hu Wa Rasooluhu
''I bear witness that there is no deity but Allah
who is without partner, and I bear witness that Muhammad (Peace be upon Him) is the Rasool.''
"O Allah, Shower Your Peace come upon Muhammad and the family of Muhammad, as you have brought peace to Ibrahim and his family.
Truly, You are Praiseworthy and Glorious. O Allah, Shower your blessing upon Muhammad and the family of Muhammad, as you have blessed Ibrahim and his family. Truly, You are Praiseworthy and Glorious". I am Satisfied with ALLAH as My Rabb and Cherisher, I am Satisfied With Islam as My Din (religion) and I am satisfied with Muhammad as a Rasulallah (Messenger)sallallahu alaihi was salam) I seek Protection with ALLAH! With the Glorious and Noble Face of ALLAH! With the Complete and Perfect words of ALLAH! With the Exalted Attributes of ALLAH! From the Punishment of Hell; From chastisement in the Grave; From the Trial of Life and Death; From the Mischief of the dajjal. There is no power nor strength with (anyone) save Allah. ALLAH is Good and Only accept that which is Good. ALLAH is the Truth and only accept that which True. ALLAH is Pure and only accept that which is Pure. Ya ALLAH! ALL the praises are for You,You are the Holder of the Heavens and the Earth, And whatever is in them. Ya ALLAH! All praises are for You; You are are the Substaner of the Heavens and the Earth And whatever is in them. Ya ALLAH! All the praises are for you;You have the Possession of the Heavens and the Earth and whatever is in them. Ya ALLAH! All the praises are for You; You are Light (Nur) of the Heavens and Earth And whatever is in them. Ya ALLAH! All praises are for You; You are the King of the Heavens and the Earth And whatever is in them. Ya ALLAH! All praises are for You; You are the Truth and Your Promise is the Truth, And Your word is the Truth and the Meeting with You is true, And Parardise is True And Hell is true and All the Prophets(peace be upon them) are true; And Muhammad Rasulallah(sallallahu alayhi wa salam) is true, And the Day of Resurrection is True. Ya ALLAH! You have promise and Your promise is the truth,Ya ALLAH! You have promise and Your words is the truth, Ya ALLAH! You have promise and You are the Truth!. Ya ALLAH! You have created Rasulallah(sallallahu alayhi wa salam) to be the most truthful of men and what He(sallallahu alayhi wa salam) has said is the absolute truth! --------------------The literal meaning of Ijtihaad is to strive with one's total ability and efforts to reach the truth. "to reach a goal which in this case is to endeavour to deduce the divine laws of shari’a from the reliable sources and proofs. To reach the stage of Ijtihad therefore is the capacity to give an expert opinion in the matter of Din (religion).…The correct (opinion) is that the matters of Ijtihaad is that which therein is no proof that clearly obliges one to act upon ,such as a saheeh hadeeth that which has nothing opposing it from its type , therefore it becomes permissible to do Ijtihaad therein due to the proofs are close (in its type) while (apparently) being in opposition to each other or due to the proofs therein are unclear." In the time of the Mahdi we will witness many events with no parallel that happened during any other time.------- The Mahdi Will make judgement and rulingbase on the Book of ALLAH and Sunnah of Rasulullah(sallallahu alayhi wa salam),Where there is clear statements of ALLAH and where it is clear in the Sunnah, that there can be no dispute. But there will be times when he will have to use Ijtihad.------------------When we do not find it in the Book of ALLAH and the Sunnah of Rasulullah(sallallahu alayhi wa salam),the answer applicable for ruling, the Mahdi with his knowledge and wisdom will use Ijtihad according to his knowledge and the knowledge of the early scholars understanding of the objectives of our din AndQiyas(analogical deduction) in the best interests of the Muslims people. When the mahdi judge on the basis of ijtihad, he will judge by the grace of ALLAH And we the Muslim people! the believing people will know when it is the judgement of ALLAH or when it is the judgement of the human being.-------------------------------------- What is to be noted is that there is no concept of priesthood in Islam unlike Christianity or Hinduism. Every believer is obliged (mukallaf) to perform all the functions obligatory in Islam. There was no tribe of ‘Ulama during the life time of Rasulullah(sallallahu alaihi wasallam). The Sahabah of Rasulullah(sallallahu alaihi wasallam), whenever faced any problem, requested Rasulullah(sallallahu alaihi wasallam) to guide them. Rasulullah(sallallahu alaihi wasallam), either waited for revelation and often he did so or guided the Sahabah out of his prophetic wisdom. { The Personal judgements of Rasulullah(sallallahu alaihi wasallam) was right! because ALLAH was showing him and guided him, but revelation has ceased with the passing of Rasulullah(sallallahu alayhi wa salam) and for the last passed 1400 years we have relied on The Holy Quran and the Sunnah of Rasulullah(sallallahu alayhi wa salam),And Ijtihad of the scholars for ruling and decision. Still in the early days after the passing of Rasulullah(sallallahu alaihi wasallam) when new problems arose, the Caliph would hold assembly of the Sahabah and place the problem before them and they would be resolved either in the light of the Qur’an and the Sunnah or in the absence of it through collective wisdom. The best example is of punishment for drinking. When nothing was found in the holy Qur’an and Rasulullah(sallallahu alaihi wasallam)’s Sunnah Hazrat Ali’s suggestion that eighty lashes be given as a punishment for drinking was accepted on the grounds that after drinking a person tends to make false accusation and the punishment for false accusation in the Qur’an was eighty lashes. Thus many other similar problems arose from time to time and the assembly of Rasulullah(sallallahu alaihi wasallam)’s Sahabah would resolve them one way or the other. Thus the process of legislation continued even after the passing of Rasulullah(sallallahu alaihi wasallam). Rasulullah(sallallahu alaihi wasallam) himself had encouraged the faculty of thinking and reasoning among his Sahabah.----
Mu'adh ibn Jabal states that when Rasulullah(sallallahu alaihi wasallam) sent him to Yemen, he asked: "what will you do if a matter is referred to you for judgement?" Mu'adh said: "I will judge according to the Book of Allah." Rasulullah(sallallahu alaihi wasallam) asked: "what if you find no solution in the Book of Allah?" Mu'adh said: "Then I will judge by the Sunnah of Rasulullah(sallallahu alaihi wasallam)." Rasulullah(sallallahu alaihi wasallam) asked: "And what if you do not find it in the Sunnah of the Prophet?" Mu'adh said: "Then I will make Ijtihad to formulate my own judgement." Rasulullah(sallallahu alaihi wasallam)patted Mu'adh's chest and said "Praise be to Allah who has guided the messenger of His Rasulullah(sallallahu alaihi wasallam)to that which pleases Him(ALLAH) and His Rasulullah(sallallahu alaihi wasallam).------------Mu'adh ibn Jabal states that when Rasulullah(sallallahu alaihi wasallam) sent him to Yemen, He himself was acutely aware of the developing situations, possibility of problems arising in future and hence approved of Ma’adh bin Jabal, his Sahabah whom he had appointed as ‘Amil (Governor) of the Yemen, exerting himself intellectually (this is what ijtihad means to strive, to make efforts to solve a problem) to find a solution of the problem he did not find either in the holy Qur’an or inRasulullah(sallallahu alaihi wasallam)’s Sunnah.

In fact the Muslims continued to face new problems many of which had not been mentioned in the two principal sources of Islam. New problems arose for variety of reasons mainly on account of geographical spread of Islam and the ‘adat (traditions and customary laws) of new people embracing Islam. The two principal sources were not enough to resolve these new problems. New concepts, therefore, had to be devised to meet the new eventualities. Thus the institutions of qiyas and ijma’ (i.e. analogy and consensus) had to be used. Thus for Shari’ah these four sources i.e. Qur’an, Sunnah,ijma and qiyas and became widely acceptable for the Islamic legislators. However, the additional two sources i.e. qiyas and ijma’ were not acceptable to the Shi’a Muslims. They were limited to what they had! When a scholer judge on the basis of ijtihad. { And No one may say that his own judgement is ALLAH's judgement. even though ALLAH can make his judgement known through anyone he choose.Ijtihad is available to all the learned men of Islam, the learned people may have different views on many things and even on the same question. besides a scholar may havea certain view today! But after some research he discovers that a different view is better, so he abandons his first one! Through Ijtihad if a judgement is right then that is by ALLAH's Grace! And if it is wrong, then it is just a mistake. O Muslim people! follow the words of ALLAH! and the Sunnah of Rasulallah (sallallahu alayhi wa salam)! Follow the course which is defined by ALLAH and His Rasulallah (sallallahu alayhi wa salam). And what is determined on the basis of Ijtihad must not be considered in the same status. No One can give a view concerning something on which ALLAH has given a ruling.Allah ta'ala said: "It is not befitting for a believing man or woman, when a matter has been decided by Allah and His Messenger, to have any option about their decision." [Al-Qur'an 33:36]This ayah indicates that when it is confirmed that Allah ta'ala or His Rasulallah (sallallahu 'alayhi wa sallam) have made a decision or have informed about a particular matter, then no believer, male or female, may choose differently. Any opposing choice would contradict Iman. Ash-Shafi'i reported a consensus among the scholars of the Sahabah, the Tabi'in, and their followers, that: "If a sunnah of Rasulallah (sallallahu 'alayhi wa sallam) becomes manifest to a person, he does not have any choice but to follow it, regardless of what other people say." No Muslim scholar disputes or doubts the truth of this statement. The only evidence that people are required to follow [besides Allah's Book] is the words of the Infallible (Muhammad Rasulallah (sallallahu 'alayhi wa sallam) "who does not say anything out of (his own) desire" [Al-Qur'an 53:3].Other people's talks could, at best, be acceptable to follow. But in no way may they oppose or outweigh the Texts (of the Qur'an and Sunnah). We ask Allah ta'ala to protect us from the failure [incurred on those who do not abide by this]. Today we live in a highly complex and technologically advanced world as a result we are facing very complex problems- to give some examples such as genetic engineering, permissibility eating of genetically altered cattle or vegetables /fruits, gene therapy, in vitro fertilization, organ transplants, space travel(in the near future), etc., Problems of this nature cannot be solved by the Shariah.
What is Ijtihād? Who is qualified for it? And is it possible for a person to be a mujtahid in a single issue? The integrals of interpretative autonomy (al-ijtihād) are three things: i) the exercise of interpretative autonomy itself; ii) the person carrying out the process (al-mujtahid); and iii) the matter which is the subject of interpretative autonomy (al-mujtahad fīhi).
As for the first integral
―the exercise of interpretative autonomy, it is an expression of the exertion of effort and the exhaustion of one’s utmost capacity to carry out a particular action. It is a word (ijtihād) that is only used with respect to things that demand a significant burden and effort. Consequently, it is said [in Arabic], ijtahada fi haml hajar al-raḥa (he exerted effort to carry the stone of the hand mill). However, it is never said, ijtahada fi haml khardala (he exerted effort to carry a mustard seed). On the other hand, the word is now used in the ranks of the scholars with the specific meaning of the mujtahid’s exertion of effort in seeking knowledge of the judgments of the Sharī‛a. Complete ijtihād is when one exerts his utmost in the search in such a manner that he senses in himself that there is nothing left to search for. As for the second integral ―the mujtahid, it has two prerequisites. The first requirement is that he encompass all of the tools and sources for apprehending the sacred law (madārik al-shar‛) that furnish one with the capacity to establish near certainty (istithāra al-ẓann) upon examining them, and to prioritize the most important and authoritative of sources over those of lesser authority. The second requirement is that one be upright avoiding sins that impair one’s good moral standing (‘adāla). Such is stipulated for the permissibility of relying on a person’s fatwa such that the fatwa of one who is not upright is deemed unacceptable(even though he is knowledgeable). This, however, does not apply to [the binding application of the fatwa to] one’s self. This means that good moral standing is more so a prerequisite for the acceptability of the fatwa [in the public realm], not a prerequisite for the soundness of exercising interpretative autonomy (ijtihād).Then, if one was to ask, "When has one acquired all the tools for interpreting the sacred sources, and what are the forms of knowledge that one must possess in order to qualify for exercising interpretative autonomy in detail?", we would respond by saying that one will be capable of issuing fatwa only after he knows the sources that contain legal judgments (aḥkām-is a reference to the Islamic commandments, derived and understood from religious jurisprudence resources A law, value, ordinance or ruling of Shari'ah (Islamic law). In order to arrive at any new legal doctrine, or hukm, one must employ a systematic methodology by which to extract meaning from the sources.) and the rules for extracting benefit from those sources. The sources that contain legal judgments as we have already explained are four: The Book of ALLAH(Qur’ān), the Prophetic Tradition (Sunna), Consensus (Ijmā--or the consensus of the jurists and scholars of the Muslim world‛), and Reason (‘Aql-Literally meaning understanding, perception, sober-mindedness and prudence, as a term, 'aql is a Divine light with which a person can perceive the things that cannot be comprehended with external senses.) The manner of extraction, on the other hand, is effectuated via four disciplines: two of them are preparatory (muqaddam). Two are remedial (mutammim), and there four are intermediate (wasaṭ). This equals eight in all. Let us, now, elucidate them and raise certain subtleties that legal theorists have neglected [to mention].
As for the Book of Allah. it is the foundation. Knowledge of it is absolutely necessary. However, let us cast off the burden of two matters: firstly, knowledge of the entire Book is not a requirement. Rather, one must only know the extent that pertains to legal judgments (aḥkām). That is the extent of 500 verses.1 Secondly, it is not a requirement to commit them to memory. All one needs is to have knowledge of their locations [in the Qur’ān] so that one merely searches for the required verse when he needs to access it. {In the view of Ibn Qayyim al-Jawziya, the number of verses required for absolute interpretative autonomy is merely 150, not500. Qāḍī Abū Bakr b. al-‘Arabī was of the view that the required number of verses is actually more like 364 verses. Some scholars, though, state that this disagreement relates to the particular legal approach adopted by the scholar. For this reason, there are those who often extrapolate legal judgments from verses that outwardly refer to matters of creed, etc.}-------- As for the Sunna, one is required to know the hadiths that pertain to legal judgments [as well]. They are, in spite of numbering higher than the thousands, nevertheless limited. The same two exemptions [as in the case of the Qur’ān] apply to it in that knowledge of traditions pertaining to admonishment, matters of the Hereafter, and others is not a requirement [for interpretative autonomy]. One is also not required to commit them to memory. Rather, it suffices to own a corrected source of all the hadiths that pertain to legal judgments. It is also sufficient for one to know the location of each chapter so he might refer to it when it is necessary to issue fatwa. It is, however, even better and closer to perfection if one is able to memorize them.
As for Consensus, one should be able to distinguish the areas of consensus so that one does not issue fatwa in contravention to consensus; just as it is binding for one to know texts that are univocal and indisputably authentic (nuṣūṣ) so he does not issue fatwa in contravention of them. The area of ease that exists in this source is that one is not required to commit to memory all points of consensus and disagreement. Rather, one merely should know about every issue about which he issues fatwa that his fatwa does not contravene consensus. That is either by knowing that it conforms to one of the views of the scholars irrespective of who it is or by knowing that this is an unprecedented scenario found in one’s own age in which the people of consensus have not indulged. So this extent of information is sufficient.
As for Reason, what is meant by it is the basis upon which one has determined that the legal judgments are presumptively inapplicable (al-nafy al-aṣlī li al-aḥkām). This is because reason dictates that hardship is negated from [certain] statements and actions as well as from the applicability of [certain] legal judgments to a limitless number of scenarios. As for those scenarios that the Book and the Prophet Tradition exclude from this [significant number], those scenarios are limited in number even if they are numerous. For that reason, in every new situation (wāqi‛a) one should return to the rule of presumptive inapplicability and presumptive innocence, and know that that can only be altered by an authoritative text (naṣṣ) or by drawing an analogy from a text (manṣūṣ). So, one is to pursue, in the search for authoritative texts and in the meaning drawn from texts, consensus and the actions of the Messenger in addition to what the action implies according to the condition by which we have elucidated these four sources of the sacred law (madārik). As for the ways of extracting judgments, we know these through two preliminary disciplines. The first of them is the knowledge of the evidentiary indications [of thought] and their conditions by which demonstrative proofs (barāhīn) and evidences produce meaning. The need for this applies to all the four sources of the sacred law (madārik). The second is the knowledge of language and grammar in such a manner by which comprehension of the discourse of the Arabs is made easy for him. This applies particularly to the Book and the Prophetic Tradition. There are also details involved with both of these disciplines that contain areas of both ease and complexity. As for the details of the first discipline, it is to know the divisions of evidence, their forms, and conditions. For example, one is to know that evidence is of three categories: i) rational [evidence] that inherently produces meaning; ii) scriptural [evidence] that constitutes proof by the convention of the sacred law; and iii) conventional evidence which is a reference to linguistic expressions, knowledge of which is perfected by what we have mentioned in the introduction to the legal foundations among the sources of rational judgments (madārik al-‘uqūl) [but] no less than it. For the one who does not know what constitutes evidence will know neither the reality of the judgment nor the reality of the sacred law. He also will not know the path to knowledge of the Lawgiver or how to know the one the Lawgiver has sent. Then, they (the scholars) have stated that one must acknowledge the emergent nature of the world and its need of a creator who is characterized by His essential qualities while being declared free of all from which He is deemed indescribable (yastahilu ‘alayhi), and also that He has employed His servants in worship in accord with the mission given to the messengers, affirming their truthfulness by miracles. Let one be aware of the truthfulness of the Messenger and look upon his miracle. The point of ease in this area, in my view, is that all that is compulsory from this summary is to have firm faith, since by it one becomes a Muslim. Islam is, also, undoubtedly a condition for the mufti. As for knowing the approach of dialectical theology (kalām) and the evidences outlined according to that custom, this is not a prerequisite, since there was not among the Saḥāba and Tābi‛īn anyone who mastered the art of dialectical theology. As for transcending the limit of uncritical imitation (taqlīd) in that to the point of knowing the evidence [of the theological teachings], it is also essentially not a prerequisite. It is, however, an inevitable byproduct of the status of interpretative authority. That is because no one reaches the rank of interpretative autonomy (ijtihād) without becoming privy to the evidences of the predecessors of knowledge, the attributes of the Creator, the dispatching of the messengers, and the inimitability of the Qur’ān. For the Book of Allah consists of all of those topics. Such yields real knowledge and takes a person beyond the limits of uncritical imitation (taqlīd) even if he has not practiced the art of dialectical theology. So these are the inescapable results of the office of interpretative autonomy to the extent that if a pure uncritical follower (muqallid) was to form a mental image (tasawwara) with reference to the affirmation of the Messenger’s truthfulness and the foundations of faith, it would be possible for him to exercise interpretative autonomy in legal particulars (furū‛) [once he is qualified, since he is Muslim].
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k.ibrahim
06-04-2019, 08:18 PM
Bismillah Ir-Rahman, Ir-Raheem. I begin with ALLAH's auspiciousness,whose Name is the Best among all the names. All Revences, All Sanctities and All Worships are due to ALLAH alone. Ashahadu An Laa illaaha illal llahu Wa Ash Hadu Anna Muhammadan Abdu Hu Wa Rasooluhu ''I bear witness that there is no deity but Allah who is without partner, and I bear witness that Muhammad (Peace be upon Him) is the Rasool.'' "O Allah, Shower Your Peace come upon Muhammad and the family of Muhammad, as you have brought peace to Ibrahim and his family. Truly, You are Praiseworthy and Glorious. O Allah, Shower your blessing upon Muhammad and the family of Muhammad, as you have blessed Ibrahim and his family. Truly, You are Praiseworthy and Glorious". I am Satisfied with ALLAH as My Rabb and Cherisher, I am Satisfied With Islam as My Din (religion) and I am satisfied with Muhammad as a Rasulallah (Messenger)sallallahu alaihi was salam) I seek Protection with ALLAH! With the Glorious and Noble Face of ALLAH! With the Complete and Perfect words of ALLAH! With the Exalted Attributes of ALLAH! From the Punishment of Hell; From chastisement in the Grave; From the Trial of Life and Death; From the Mischief of the dajjal. There is no power nor strength with (anyone) save Allah. ALLAH is Good and Only accept that which is Good. ALLAH is the Truth and only accept that which True. ALLAH is Pure and only accept that which is Pure. Ya ALLAH! ALL the praises are for You,You are the Holder of the Heavens and the Earth, And whatever is in them. Ya ALLAH! All praises are for You; You are are the Substaner of the Heavens and the Earth And whatever is in them. Ya ALLAH! All the praises are for you;You have the Possession of the Heavens and the Earth and whatever is in them. Ya ALLAH! All the praises are for You; You are Light (Nur) of the Heavens and Earth And whatever is in them. Ya ALLAH! All praises are for You; You are the King of the Heavens and the Earth And whatever is in them. Ya ALLAH! All praises are for You; You are the Truth and Your Promise is the Truth, And Your word is the Truth and the Meeting with You is true, And Parardise is True And Hell is true and All the Prophets(peace be upon them) are true; And Muhammad Rasulallah(sallallahu alayhi wa salam) is true, And the Day of Resurrection is True. Ya ALLAH! You have promise and Your promise is the truth,Ya ALLAH! You have promise and Your words is the truth, Ya ALLAH! You have promise and You are the Truth!. Ya ALLAH! You have created Rasulallah(sallallahu alayhi wa salam) to be the most truthful of men and what He(sallallahu alayhi wa salam) has said is the absolute truth! ---------------------------------------------------------
As for the second preliminary discipline, it is the knowledge of language and grammar by which I mean the extent by which one is able to comprehend the discourse of the Arabs and their customs in usage to a point that one is able to distinguish between statements that are univocal (sarīḥ), pseudo-explicit (ẓāhir), polyvocal (mujmal), literal (ḥaqīqa), figurative (majāz), general (‘āmm), specific (khāṣṣ), clearly expressed (muḥkam), allegorical (mutashābih), qualified (muqayyad), absolute (muṭlaq), explicit (naṣṣ), congruous (faḥwā), unfinished (laḥn), and discordant (mafhūm). The point of ease in this area is that one is not required to reach the rank of Al-Khalīl and Al-Mubarrid or to have a full knowledge of the language or to have a penetrating grasp of grammar. Rather, one merely needs to know the extent that pertains to the Book and the Prophetic Tradition by which he can masterfully identify the points of impact of the discourse and to grasp the true nature of what is intended by the statements. As for the two remedial disciplines, one of them is knowledge of the abrogating and abrogated parts of the Book and the Prophetic Tradition. That concerns specific verses and hadiths. The point of ease in this area is that it is not a requirement for one to commit all of them to memory. Rather, one should merely know when issuing fatwa concerning any incident while using any verse or hadith that that hadith and verse is not included among the sum of those things that are abrogated. This also applies to the Book and the Prophetic Tradition. The second [remedial discipline]―which does not apply specifically to the Sunna―is to have knowledge of the science of narration (riwāya), and to distinguish sound narrations from those that are corrupt and those that are acceptable from those that are rejected. This is because anything that a trustworthy person does not convey from another trustworthy person has no binding authority. The point of ease in this area is that there is no need to verify the soundness of the chain of any hadith used in a fatwa included among those that the Umma has accepted even if some scholars happen to oppose it. So one should know its narrators and the extent of their moral rectitude such that if they happen to be well-known to the person as in what Shāfi‛ī relates from Mālik from Nāfi‛ from Ibn ‘Umar, for example, it is to be relied upon. That’s because the integrity and good condition of these people is common knowledge among all. Good moral standing is known through experience and eye witness accounts or through indisputably authentic reports. Anything below this degree in knowledge is to be approached with uncritical acceptance (taqlīd). That is by uncritically imitating Bukhārī and Muslim in the reports of the Two Ṣaḥīḥs, since the two of them related them only from those whose moral rectitude they were familiar with. So this is pure uncritical acceptance. However, the state of uncritical acceptance is lifted once one knows the states of the transmitters upon hearing of those states and their biographies, and then to look into their biographies while concluding whether or not they necessitate that they are trustworthy. Such a pursuit is, however, lengthy, and is in our time in light of the numerous intermediaries [in the chains of narration] cumbersome. The point of ease in this area is that one may suffice to rely on the vindication of a trustworthy leader in his field (Imam) after we establish that his approach in issuing vindications [of transmitters] is a sound position. This is because views differ regarding the qualities that can be used as a valid basis for vindication or devaluation [of narrators]. For, undoubtedly, it is not possible to become acquainted or offer eye witness accounts of those who died some time before us. Were one was to stipulate that the life story of someone reaches the point of common knowledge(tawātur) that would only hold true with respect to the famous Imams. So one is to uncritically imitate concerning the knowledge of a narrator’s life story another who is trustworthy in what he reports, and we are to uncritically accept his vindication of the person after we have known that his views about the vindication of transmitters is a sound view. So, if we deem it permissible for the mufti to rely upon the sound hadith collections whose transmitters have been accepted by the Imams, the path of the mufti will be short. Otherwise, the matter would be a lengthy process, and the affair would be cumbersome in this age in light of the numerous intermediaries. The matter, then, increases in severity the more that time passes.
So these are the eight disciplines by which the rank of interpretative autonomy is acquired. However, there are three arts that make up most of that: the science of hadith, the science of language, and the science of the legal foundations. As for dialectical theology and the secondary particulars of jurisprudence, they are not essential [to this office]. How could someone need knowledge of the particulars of jurisprudence when these same particulars are the byproduct of the mujtahids, and they pass judgment about them after they achieve the rank of interpretative autonomy? Then, how could their knowledge be a prerequisite for the office of interpretative autonomy when having the qualification for interpretative autonomy prior to their production is a condition? Yes! It is true that the rank of interpretative autonomy is achieved in our time through the acquisition of those particulars. So it is the way of achieving the skill in this age even though that was not the way of doing so during the age of the Saḥāba. It, however, is also possible to take the same approach of the Saḥāba now.A subtlety regarding ease that most people neglect:
The knowledge of all of these eight disciplines is only a condition for the absolute mujtahid who issues fatwa concerning the entirety of the sacred law. ​However, in my view, interpretative autonomy (ijtihād) is not a rank that cannot be partitioned off. Nay! It is possible for it to be said that a scholar has achieved the rank of interpretative autonomy in some matters to the exclusion of others. So if someone is adept at analogous discernment, he has the right to issue fatwa in an analogy based scenario even if he is not adept in the science of hadith. So one who looks into the issue of the Mushtaraka2 [in inheritance law], it suffices for him to be a jurist in his own right acquainted with the foundations of inheritance law and its meanings even if he has not acquired knowledge of the reports that have come concerning the prohibition of things that produce inebriation or the issue of marriage without a guardian. This is because this issue is not an extension of those reports, and those hadiths are not pertinent to this issue. So on what basis is ignorance of such things a sign of imperfection? As for one who knows the hadiths concerning the rightful execution of a Muslim for his murder of one living under the Muslim protectorate (dhimmī) and the way to interact with it, what harms comes to him by not having knowledge of the grammar that will acquaint him with the proper way to understanding Allah’s statement, “And wipe your heads and [wash] your feet to the ankles”? Analogize with it everything that falls within the same meaning. It is also not a requirement that a mufti offer an answer to every issue posed to him.This is because Mālik―may Allah show him mercy―was asked about 40 issues, and he said in response to 36 of them, “I don’t know.” Many
{2 The Mushtaraka scenario (also called the Ḥimāriya scenario) is a famous issue studied in inheritance law that pertains to two separate fatwas issued by ‘Umar b. al-Khaṭṭāb due to the lack of any prophetic guidance in its regard. Heirs in inheritance law are divided into two basic categories: i) natural heirs, who are assigned a definite portion (aṣḥāb al-furūḍ); and ii) extended heirs, who are typically assigned portions of the inheritance in the absence of natural heirs (aṣḥāb ta‛ṣīb). Sometimes natural and extended heirs share in the legacy when their numbers are small. However, there are times when the natural heirs or non-siblings bar extended heirs and siblings from receiving shares in the legacy. In the Mushtaraka scenario, a woman dies leaving behind her husband, mother, two male siblings, two female siblings, and three brethren of the same mother. According to the Qur’anic teachings, ‘Umar awarded the husband with ½, the mother with 1/6, the three brethren of the same mother a collective share of 1/3, and he barred the siblings from their portion. Two years later, the same scenario presented itself to him, and he issued the same fatwa. The only difference is that this time the siblings returned to him to make a case for their inclusion in the legacy. One of them said, “O Commander of the Faithful! Consider this! Imagine our father as a donkey. Would we not still be all children of the same mother?” Upon reflection, seeing the similarity between this scenario and his preference of the brethren from the same mother, ‘Umar, then, ruled in favor of including the siblings in the legacy. Some Ṣaḥāba supported the first fatwa, while others supported the second.}times Shāfi‛ī―may Allah show him mercy―abstained from answering queries. Nay! Even the Saḥāba abstained in a number of issues. Hence, it is merely a condition that one have knowledge of that in which regard to one is issuing fatwa such that one issues fatwa concerning what one knows, he knows that he knows, and distinguishes between what he does not know and what he does know. Then, he is to pause concerning what he does not know, and issue fatwa concerning what he knows.
The second integral is the subject of interpretative autonomy (mujtahad fihi). The subject of interpretative autonomy refers to every scriptural judgment lacking in definitive proof. We qualified [“judgment”] with “scriptural” to avoid confusing it with rational judgments and issues taken up in dialectic theology (kalām). That’s because there is only one truth in such matters, and the victor in such debates is only one, while the one who errs is sinful. However, what we mean by the subject of interpretative autonomy are those issues of concern wherein the errant scholar is not guilty of sin [for bringing forth an erroneous view]. As for the obligation of the five canonical prayers, the obligatory alms (zakat), and all the manifest teachings of the sacred law agreed upon by the Umma that have decisive proofs in their support, anyone who opposes those rulings is a sinner for doing so. Such matters are not open to interpretative autonomy. So, these are the integrals. If complete interpretative autonomy issues from one who is qualified and is applied in its proper place, the result that that exercise of interpretative autonomy leads to is deemed to be truth and correctness…...........................
{IJTIHAD: OF RASULALLAH(sallallahu alayhi wa salam)THE SAHABAH DURING HIS LIFETIME (PART 2). Among Rasulallah(sallallahu alayhi wa salam)'s Sahabahs there was a sizable number of such great intelligent persons who were competent to solve problems through their ijtihad.1 They were capable of offering personal opinions and solving the current issues by their God-given juristic insight. A good number of them such as Abu Bakr, Umar ibn al-Khattab, 'Amr ibn al-'As, Sa'd ibn Mu'adh and Sa'd ibn 'Ubbadah were well known for their wisdom, intelligence and competence in personal reasoning even during the pre-lslamic period. When they entered the fold of islam, their spiritual purity, and intellectual enlightenment grew further. Their conversion to Islam did not impede their reasoning skills or intellectual qualities, but Islam enhance their reasoning skills or intellectual qualities. Instead ALLAH commanded Rasulallah(sallallahu alayhi wa salam)’s Sahabah through the revelation to utilize their thinking power and reasoning capacity.
The Holy Qur'an says,"Contemplate, O you who are endowed with insight" (59:2)There is severe condemnation against those who don't utilize their faculty of reason, the Qur'an says,“They have hearts with which they do not understand, and they have eyes with which they do not see, and they have ears with which they do no hear. Those persons are like animals, even more worse.” (7:179)Nevertheless, the Sahabah had a unique privilege and opportunity to confer with Rasulallah(sallallahu alayhi wa salam). Sometimes, when they were not clear about an issue they asked him. At other times, they exercised their personal reasoning. Rasulallah(sallallahu alayhi wa salam) was the cradle of Allah's revelation which was the highest authority and most superior source of knowledge. In the second place of authority wasRasulallah(sallallahu alayhi wa salam)'s own personal opinion. If there was any conflict betweenRasulallah(sallallahu alayhi wa salam)'s ijtihad and divine revelation, the latter superseded the former as in the case of Khawlah bint Tha'labah of the Khazraj tribe. Her husband Aws ibn Samit of the Aws tribe divorced her by an old Arabian custom known as "zihar" whereby a husband could divorce his wife by simply declaring “You are to me as my mother's back.” In old Arabian society as well as in the early days of Islam, this mode of divorce was considered final and so severe that it prevented the wife from ever returning to her husband and there was no possibility of remarriage between them. Khawlah pleaded this case before Rasulallah(sallallahu alayhi wa salam) who had not yet received any new divine commandment about this kind of divorce. He told Khawlah that the divorce was effective and complete, and she was forbidden from returning to her husband. After a while the divine revelation came down which stated that the zihar was no longer a divorce (Qur'an 58:1-4). Rasulallah(sallallahu alayhi wa salam), on receiving this revelation, told Khawlah that she was not divorced, and her marriage bond was still safe and sound.The sahabahs' ijtihad was in third place as an authority. It came afterRasulallah(sallallahu alayhi wa salam)'s ijtihad. In the event of conflicting opinions, the latter superseded the earlier as in the case of Ibn al-Latbiyyah who was appointed by Rasulallah(sallallahu alayhi wa salam)as a tax collector in Banu Sulaym. When he came back to Medina, he had many valuable goods with him. He handed them toRasulallah(sallallahu alayhi wa salam)but kept a portion which he described as a gift presented to him by Banu Sulaym. In his consideration that portion was his property because the people of that region offered it to him out of their free will as a gift, not as a part of tax. Rasulallah(sallallahu alayhi wa salam)did not agree with his reasoning, opining that he was offered that gift due to his official position. Had it not been for his position, no one would have given him anything. Therefore, that portion was also state's property, not the collector's 3. Based upon this reasoning, Ibn al-Latbiyyah changed his opinion and presented the goods to Rasulallah(sallallahu alayhi wa salam).Sometimes, Rasulallah(sallallahu alayhi wa salam) accepted his Sahabahs' ijtihad and changed his personal opinion as it happened on the occasion of Badr. When Rasulallah(sallallahu alayhi wa salam) decided to camp at a certain place, one of his Sahabah, Hubab ibn al-Mundhir al-Khazraji, came to him and asked whether stopping at that location was commandment of Allah, or it was a matter of opinion and strategy of war. When he replied that it was merely a matter of opinion and strategy of war, the sahabah said, then that was not the place to halt, and suggested another place.Rasulallah(sallallahu alayhi wa salam) agreed with him and carried it out.In fact, the ijtihad of Rasulallah(sallallahu alayhi wa salam)'s Sahabah during his lifetimes is a historical reality which should not be disputed among scholars. ​

Reply

k.ibrahim
06-04-2019, 08:23 PM
Bismillah Ir-Rahman, Ir-Raheem. I begin with ALLAH's auspiciousness,whose Name is the Best among all the names. All Revences, All Sanctities and All Worships are due to ALLAH alone. Ashahadu An Laa illaaha illal llahu
Wa Ash Hadu Anna Muhammadan Abdu Hu Wa Rasooluhu
''I bear witness that there is no deity but Allah
who is without partner, and I bear witness that Muhammad (Peace be upon Him) is the Rasool.''
"O Allah, Shower Your Peace come upon Muhammad and the family of Muhammad, as you have brought peace to Ibrahim and his family.
Truly, You are Praiseworthy and Glorious. O Allah, Shower your blessing upon Muhammad and the family of Muhammad, as you have blessed Ibrahim and his family. Truly, You are Praiseworthy and Glorious". I am Satisfied with ALLAH as My Rabb and Cherisher, I am Satisfied With Islam as My Din (religion) and I am satisfied with Muhammad as a Rasulallah (Messenger)sallallahu alaihi was salam) I seek Protection with ALLAH! With the Glorious and Noble Face of ALLAH! With the Complete and Perfect words of ALLAH! With the Exalted Attributes of ALLAH! From the Punishment of Hell; From chastisement in the Grave; From the Trial of Life and Death; From the Mischief of the dajjal. There is no power nor strength with (anyone) save Allah. ALLAH is Good and Only accept that which is Good. ALLAH is the Truth and only accept that which True. ALLAH is Pure and only accept that which is Pure. Ya ALLAH! ALL the praises are for You,You are the Holder of the Heavens and the Earth, And whatever is in them. Ya ALLAH! All praises are for You; You are are the Substaner of the Heavens and the Earth And whatever is in them. Ya ALLAH! All the praises are for you;You have the Possession of the Heavens and the Earth and whatever is in them. Ya ALLAH! All the praises are for You; You are Light (Nur) of the Heavens and Earth And whatever is in them. Ya ALLAH! All praises are for You; You are the King of the Heavens and the Earth And whatever is in them. Ya ALLAH! All praises are for You; You are the Truth and Your Promise is the Truth, And Your word is the Truth and the Meeting with You is true, And Parardise is True And Hell is true and All the Prophets(peace be upon them) are true; And Muhammad Rasulallah(sallallahu alayhi wa salam) is true, And the Day of Resurrection is True. Ya ALLAH! You have promise and Your promise is the truth,Ya ALLAH! You have promise and Your words is the truth, Ya ALLAH! You have promise and You are the Truth!. Ya ALLAH! You have created Rasulallah(sallallahu alayhi wa salam) to be the most truthful of men and what He(sallallahu alayhi wa salam) has said is the absolute truth! --------------------------------------------------------------
IJTIHAD IN Rasulallah(sallallahu alayhi wa salam)'S PRESENCE. Rasulallah(sallallahu alayhi wa salam) encouraged his sahabah to seek knowledge, utilize their reasoning ability, and benefit mankind. It was due to his encouragement that on several occasions, they exercised their ijtihad and practiced their personal reasoning in presence of Rasulallah(sallallahu alayhi wa salam). Sometimes he himself asked them for their opinion and reasoning, while at the other times they expressed it without his demand.
1. In the 5th year of Hijra, Rasulallah(sallallahu alayhi wa salam) received news that a large army of Quraysh was about to march to attack Medina. He summoned his sahabah for consultation. Several suggestions were expressed as to what would be the best plan for defense. Salman al-Farisi said: "Ya Rasulallah(sallallahu alayhi wa salam)! In Persia, when we feared an attack (of horsemen), we would surround ourselves with a trench. Let us dig a trench around us now."Rasulallah(sallallahu alayhi wa salam) accepted Salman's suggestions and ordered the digging of a trench to defend the city of Medina.2. During the Battle of the Trench ten thousand troops of Quraysh, Banu Ghatafan, and their allies besieged Medina.3 This siege was prolonged and the strain on the Muslims increased. Food was beginning to run short and many of the weak in faith, unnerved by hunger, cold, and lack of sleep were losing strength to resist.Rasulallah(sallallahu alayhi wa salam) tried to weaken the power of the enemy by splitting them. One night, he sent word to 'Uyaynah ibn Hisn, the chief of Banu Ghatafan, offering him one third of the date harvest of Medina if he would quit the Quraysh and turn back along with his men. But 'Uyaynah demanded half of the dates of Medina.Rasulallah(sallallahu alayhi wa salam) sent for Sa'd ibn Mu'adh, the chief of Banu Aws, and Sa'd ibn 'Ubbadah, the chief of Banu Khazraj. He said, "Uyaynah has asked me half of your dates for leaving Quraysh along with his men and deserting the allied forces, while I offered him one third. However, he refused to accept my offer and insisted on one half. What is your opinion?" They replied, "Ya Rasulallah(sallallahu alayhi wa salam) if you have been commanded by Allah about something, then do it."Rasulallah(sallallahu alayhi wa salam) replied: "If I were commanded by Allah I would not consult you. It is just my personal opinion which I am presenting to you for discussion." They said: "Then our opinion is not to give them but sword."Rasulallah(sallallahu alayhi wa salam) agreed with them and accepted their opinion.323. After the Battle of the Trench,Rasulallah(sallallahu alayhi wa salam) (along with his Sahabah) went to the Banu Qurayzah who had broken their agreement with Rasulallah(sallallahu alayhi wa salam) and sided with the Meccan forces against the Muslims. This tribe was an ally of the Banu Aws in the pre-lslamic period. The men of Aws requestedRasulallah(sallallahu alayhi wa salam) to show the same leniency toward their former allies as he had shown toward Banu Qaynuqa' who had been the allies of Banu Khazraj. He said, "Would you be satisfied if one of you pronounces judgment upon them?" They agreed. He entrusted it to their chief Sa'd ibn Mu'adh who was injured during the Battle of the Trench and whose wounds had not yet healed.Rasulallah(sallallahu alayhi wa salam) had placed him in the tent of Rufaydah in his mosque at Medina so that he might visit him more often. Rufaydah was a nurse from Banu Aslam. This expert Muslim lady used to tend and treat the wounded people. Some of the clansmen of Sa'd went to him and mounted him on a donkey. They brought him toRasulallah(sallallahu alayhi wa salam) saying to him on their way, "Do well to your confederates for Rasulallah(sallallahu alayhi wa salam) has set you in judgment upon them merely to treat them with kindnesses." When they repeated their request again and again, he said, "The time has come for Sa'd to give no heed to the blame of the blamer in the cause of Allah.''Sa'd was a man of majestic and handsome appearance and a mighty stature. When he approached the camp,Rasulallah(sallallahu alayhi wa salam)said, “Stand up in the honor of your chief.” They rose to greet him and said, “Father of 'Amr,Rasulallah(sallallahu alayhi wa salam) has appointed you to judge the case of your confederates.” He said, “Do you swear by Allah and make by Him your covenant that my judgment will be the verdict upon them?” “We do”' they answered. “And is it binding upon him who is here?” He added, with a glance in the direction ofRasulallah(sallallahu alayhi wa salam), but not mentioning him out of reverence. “It is,” saidRasulallah(sallallahu alayhi wa salam). “Then I judged.” said Sa'd, “that the men of Banu Qurayzah should be slain, the property divided and the women and children made captive.”Rasulallah(sallallahu alayhi wa salam)said to him: “You have judged with the judgment of Allah from above the seven heavens.”334. On the occasion of BadrRasulallah(sallallahu alayhi wa salam) along with his men camped at the first well he came to, near the field of Badr. One of his Sahabah, Hubab ibn al-Mundhir al-Khazraji, who was famous for his solidity of opinion and skillfulness in the war affairs, said, “Ya Rasulallah(sallallahu alayhi wa salam) , this place where we are now, has Allah revealed it to you to halt here then we should neither advance nor retreat from it, or is it a matter of opinion and strategy of war?” He replied it was merely a matter of opinion and strategy of war, whereupon Hubab said, “Ya Rasulallah(sallallahu alayhi wa salam) then this is not the place to halt, but take the people on until you come to the well which is nearest to the enemy. Let us halt there, and stop up the wells that lie beyond it, and make there for ourselves a cistern and fill it up with water, then we will fight the enemy. We will drink the water while they will have nothing to drink.”Rasulallah(sallallahu alayhi wa salam) considered this opinion as the best one and carried out the plan of Hubab in every detail.345. When Rasulallah(sallallahu alayhi wa salam) moved closer to the valley of Badr, another Sahabah Sa'd ibn Mu'adh the chief of Banu Aws, came to him and said, “Ya Rasulallah(sallallahu alayhi wa salam) , let us build for you a shelter behind the battle field where you should stay, and put beside you your riding camels in readiness. Then we will meet our enemy. If Allah strengthens us and makes us victorious over them, that is what we fervently desire. But if something else happens you can mount your camels, and join those people who are left behind. For, Ya Rasulallah(sallallahu alayhi wa salam) , our love for you is not greater than those Muslims who are left behind. If they had known that you would meet with war they would have not stayed behind. Allah will protect you through them. They will give you good counsel and fight at your side.”Rasulallah(sallallahu alayhi wa salam) appreciated his concern and invoked blessings upon him. Then the shelter was built with branches of palms, and he stayed there during the fighting.356. The Battle of Badr left seventy soldiers of the enemy dead and seventy captured. Rasulallah(sallallahu alayhi wa salam)consulted his Sahabah regarding the treatment of the captives. The Sahabah expressed various opinions. Abu Bakr suggested their release on ransom. He said, “Ya Rasulallah(sallallahu alayhi wa salam) , they are your people, and your family. Preserve them alive. Maybe Allah would turn to them with His mercy. Take from them ransom and strengthen your followers by that money.”36 'Umar ibn al-Khattab advised him to kill all of them. He said, “Ya Rasulallah(sallallahu alayhi wa salam), these people accused you of lying, expelled you from Mecca and fought against you. They are the leaders of infidelity. Allah has made you free from the money of their ransom. Bring them forward and cut their heads off.”37‘Abdullah ibn Rawahah said, “Ya Rasulallah(sallallahu alayhi wa salam) , find a valley of plentiful firewood and burn up these captives in the fire.”38 Sa'd ibn Mu'adh insistently said, “Ya Rasulallah(sallallahu alayhi wa salam) , kill them and do not take the ransom.”39Rasulallah(sallallahu alayhi wa salam) accepted the suggestion of Abu Bakr and released the captives for ransom.407. On the occasion of Hudaybiyah, when the Quraysh did not letRasulallah(sallallahu alayhi wa salam)enter Mecca to perform the pilgrimage to its holy shrine, a treaty was signed between him and the Quraysh on their terms. According to it, the Muslims had to return to Medina that year without performing the pilgrimage, however, they were allowed to come back next year and perform the ritual rites of the holy shrine of the Ka'bah. Rasulallah(sallallahu alayhi wa salam)asked his Sahabah to rise, sacrifice their sacrificial animals, and then shave their heads. He repeated it a second and a third time, but no one moved. They were perplexed by this demand because, according to pilgrimage tradition, the sacrifices had to be performed within the sacred territory of Mecca after some special ritual rites. The field of Hudaybiyah was outside of the Meccan sanctuary, and they had not yet performed the other special rituals. Besides this, perhaps, they regarded the sacrifice at Hudaybiyah as a victory for the Quraysh, which they did not like.Rasulallah(sallallahu alayhi wa salam) was somewhat dismayed by their silence. He withdrew to his tent and told his wife Umm Salamah about the situation, wondering what was the matter with the people. She said, “Ya Rasulallah(sallallahu alayhi wa salam)you know their deep sadness and grief which has seized them. Say no word to any man. Go to your sacrificial animal and sacrifice it, then call for your barber who should shave your head.” Carrying out the advice of Umm Salamah, Rasulallah(sallallahu alayhi wa salam) went out and did not speak to anyone. He sacrificed his animal, and then called for his barber who shaved his head. Upon seeing this, the Sahabah leaped to their feet and raced falling over each other in eagerness to follow the practice of their beloved Rasulallah(sallallahu alayhi wa salam).418. Abu Qatadah reported, “We went along with the Messenger of Allah in the year of Hunayn. When we met the enemy, we suffered a reverse. I saw one of the polytheists getting the better of one of the Muslims. I struck him on his shoulder blade with my sword and cut his coat of mail. He turned to me and pressed me to him so hard that I felt death was near. However, he let me go when he was overtaken by death. I then saw 'Umar ibn al-Khattab and asked him what was the matter with the people, to which he replied that it was what Allah had decreed. Then the Muslims returned and defeated the enemy. After thatRasulallah(sallallahu alayhi wa salam)sat down and said, “Anyone who killed an enemy, and could prove it, he will get his share of the spoils.” I asked “Who will testify for me?” and then sat down. Rasulallah(sallallahu alayhi wa salam)made the same announcement a second time, and I again askeed, “Who will testify for me?” and sat down. Rasulallah(sallallahu alayhi wa salam)repeated his word a third time, and I again got up. He saw me and said, “What is the matter with you, Abu Qatadah?” When I told him my story, a man verified my statement and said, “He had spoken the truth, Ya Rasulallah(sallallahu alayhi wa salam). I have his share of the spoils, so gratify him by giving something else in exchange.” Upon this, Abu Bakr said, “Never, I swear by Allah, Rasulallah(sallallahu alayhi wa salam)will never do so in the case of one of the Allah's heroes who fights for Him and His Rasulallah(sallallahu alayhi wa salam), and then he should give you his share of the spoils.” Rasulallah(sallallahu alayhi wa salam) said “He (Abu Bakr) has had spoken the truth” and asked the man to hand it over to me.42In this report we find two persons exercising their personal opinions in the presence of Rasulallah(sallallahu alayhi wa salam). The first person is the one who was keeping the plunder. He considered it proper for Rasulallah(sallallahu alayhi wa salam) to let him keep it, and to give Abu Qatadah something else in exchange. The second one is Abu Bakr in whose opinion it was not proper to deprive Abu Qatadah, the hero of Islam, from the spoils.
9. When Rasulallah(sallallahu alayhi wa salam) migrated from Mecca to Medina, the Muslim Ummah at that time did not have any regular system of calling the people for the prayers. He consulted his Sahabah regarding this matter. Some suggested the use of a bell as the Christians did, while others advised him to use a horn like that of the Jews. At first,Rasulallah(sallallahu alayhi wa salam)was inclined towards the horn, but then, he did not like it and ordered a bell to be made so that it might be struck to gather the Muslims for prayers. Meanwhile, one night Abdullah ibn Zayd, a Sahabah of Rasulallah(sallallahu alayhi wa salam), had a dream. Early in the morning, he rushed to the mosque, met Rasulallah(sallallahu alayhi wa salam)and said, “Ya Rasulallah(sallallahu alayhi wa salam) , last night when I was sleeping, I had a dream. A man dressed in two green garments carrying a bell in his hand appeared to me. I said to him, “O servant of Allah will you sell me this bell?" He asked, “What would you do with it?” I replied that we would use it to call people to the prayers. He then asked, “Shall I show you something better?” I said, “What is that?” So he told me the words of the adhan' (call to prayers).Rasulallah(sallallahu alayhi wa salam) said, “It is a true vision.” He then ordered Zayd to get up along with Bilal so that Bilal should repeat the words because his voice was louder than Zayd.43This report shows that the Sahabah exercised their ijtihad in the presence of Rasulallah(sallallahu alayhi wa salam)and suggested the utilization of the bell or horn for the call to prayers.10. Ibn 'Abbas reported that Rasulallah(sallallahu alayhi wa salam) used to lean against a dry trunk of a datepalm during his sermons. When the number of audience increased, one of his Sahabah Tamim al-Dari suggested for him to have a pulpit similar to the Syrians. Rasulallah(sallallahu alayhi wa salam)approved it and Maymoon, a carpenter of Medina was ordered to make a wooden Pulpit, which Rasulallah(sallallahu alayhi wa salam)used during his sermons afterwards.
Reply

k.ibrahim
06-04-2019, 08:30 PM
Bismillah Ir-Rahman, Ir-Raheem. I begin with ALLAH's auspiciousness,whose Name is the Best among all the names. All Revences, All Sanctities and All Worships are due to ALLAH alone. Ashahadu An Laa illaaha illal llahu
Wa Ash Hadu Anna Muhammadan Abdu Hu Wa Rasooluhu
''I bear witness that there is no deity but Allah
who is without partner, and I bear witness that Muhammad (Peace be upon Him) is the Rasool.''
"O Allah, Shower Your Peace come upon Muhammad and the family of Muhammad, as you have brought peace to Ibrahim and his family.
Truly, You are Praiseworthy and Glorious. O Allah, Shower your blessing upon Muhammad and the family of Muhammad, as you have blessed Ibrahim and his family. Truly, You are Praiseworthy and Glorious". I am Satisfied with ALLAH as My Rabb and Cherisher, I am Satisfied With Islam as My Din (religion) and I am satisfied with Muhammad as a Rasulallah (Messenger)sallallahu alaihi was salam) I seek Protection with ALLAH! With the Glorious and Noble Face of ALLAH! With the Complete and Perfect words of ALLAH! With the Exalted Attributes of ALLAH! From the Punishment of Hell; From chastisement in the Grave; From the Trial of Life and Death; From the Mischief of the dajjal. There is no power nor strength with (anyone) save Allah. ALLAH is Good and Only accept that which is Good. ALLAH is the Truth and only accept that which True. ALLAH is Pure and only accept that which is Pure. Ya ALLAH! ALL the praises are for You,You are the Holder of the Heavens and the Earth, And whatever is in them. Ya ALLAH! All praises are for You; You are are the Substaner of the Heavens and the Earth And whatever is in them. Ya ALLAH! All the praises are for you;You have the Possession of the Heavens and the Earth and whatever is in them. Ya ALLAH! All the praises are for You; You are Light (Nur) of the Heavens and Earth And whatever is in them. Ya ALLAH! All praises are for You; You are the King of the Heavens and the Earth And whatever is in them. Ya ALLAH! All praises are for You; You are the Truth and Your Promise is the Truth, And Your word is the Truth and the Meeting with You is true, And Parardise is True And Hell is true and All the Prophets(peace be upon them) are true; And Muhammad Rasulallah(sallallahu alayhi wa salam) is true, And the Day of Resurrection is True. Ya ALLAH! You have promise and Your promise is the truth,Ya ALLAH! You have promise and Your words is the truth, Ya ALLAH! You have promise and You are the Truth!. Ya ALLAH! You have created Rasulallah(sallallahu alayhi wa salam) to be the most truthful of men and what He(sallallahu alayhi wa salam) has said is the absolute truth! -------------------------------------------------------------------------------------
IJTIHAD IN RASULALLAH(SALLALLAHU ALAYHI WA SALAM)'S ABSENCE:The Rasulallah(sallallahu alayhi wa salam)'s Sahabah, during his absence, were in much need of exercising their ijtihad to solve the issues of their society. It was unnecessary, improper, and even practically impossible for them to contactRasulallah(sallallahu alayhi wa salam) about every single problem. Therefore they practiced their personal reasoning to seek the solution for various issues. Later on, when they had chance, they reported their answers to Rasulallah(sallallahu alayhi wa salam). In his role as supreme authority, he sometimes rejected these and sometimes approved or modified them.1. When 'Ali ibn Abu Talib was in Yemen, a tragic case was brought to him for settlement. Some people had dug a pitfall to hunt a lion. When the lion fell in, many people gathered on the brink. By chance, one man slipped into the pitfall and gripped another person so that he might be rescued. The latter grabbed someone else who seized another one. All four men fell into the pitfall and were killed by the lion. 'Ali announced his decree that those who were standing on the brink should pay compensation to the kindred of the slain. He fixed one fourth of blood money as indemnity for the first slain, one-third for the second, half for the third, and full blood money (one hundred camels) for the fourth one. Later on somebody mentioned it to Rasulallah(sallallahu alayhi wa salam)who smiled and approved it.452. Zayd ibn Arqam reported that once he was sitting byRasulallah(sallallahu alayhi wa salam) when a Yemeni man came in and toldRasulallah(sallallahu alayhi wa salam)about a judgment of Ali ibn Abu Talib in Yemen. He said, there were three Yemeni men who (in their pre-lslamic period) had sexual intercourse with a woman in the same period of her purification. When she gave birth to a son, each one of them claimed to be his father. They brought their dispute to Ali who asked every two of them to give up their claim in the favored third one but they refused. Ali said, you are quarreling partners, l am going to cast lots among you. The child will belong to him who wins, but he would have to pay a sum equivalent to two third of the blood money to his Sahabah. Then he cast lots among them and entrusted the child to the winner. On hearing this, Rasulallah(sallallahu alayhi wa salam) smiled displaying his approval.463. Once during the military expedition of Dhat al-Salasil, 'Amr ibn Al-'As happened to have a nocturnal emission. The weather was extremely cold. Fearing his death due to the intense chill, he did not take a bath for prayers. Instead, he performed ablution with dust and led his Sahabah in prayer. On their return to Medina, somebody informedRasulallah(sallallahu alayhi wa salam)about it. He said, “Ya 'Amr did you lead your Sahabah in prayer while you were in the state of grave impurity?” In reply, 'Amr expressed his excuse and supported his action with a verse of the Qur'an which reads: “Do not kill yourselves, Allah has been most Merciful to you(4:29)”. Hearing this explanation,Rasulallah(sallallahu alayhi wa salam) smiled and did not say any word against his reasoning.474. Once, during a journey, 'Umar ibn al-Khattab and 'Ammar ibn Yasir happened to have nocturnal emissions, and could not get water to take baths. When the prayer time came, 'Umar did not pray and delayed it until he could have access to water. But 'Ammar rolled himself on the ground to perform tayammum (ablution with dust) and offered the prayer. He exercised his ijtihad and compared through analogy the tayammum for grave impurity with the tayammum for minor impurity. On return to Medina, he mentioned to the Prophet who said, “It is enough for you to strike the ground with your hands, then blow into them, then wipe up your face and the palms of your hands with them.”48 This example at a time contains two personal reasonings: one about lawfulness of tayammum for grave impurity, and other about nature of tayammum. The latter required correction which was made by Rasulallah(sallallahu alayhi wa salam) .5. When the battle of the Trench was over, Rasulallah(sallallahu alayhi wa salam), after the afternoon prayer had been prayed, gave orders to his Sahabah that none should pray the late afternoon prayer until he had reached the Banu Qurayzah territory. They marched out. On their way the prayer time began. Some of them tookRasulallah(sallallahu alayhi wa salam) 's orders literally and said, “We will not offer the prayer till we reach the Banu Qurayzah”. They did not pray on their way and performed it later on in Banu Qurayzah territory. Others looked at the spirit of the orders. They realized through their ijtihad that Rasulallah(sallallahu alayhi wa salam) 's purpose was haste in traveling, not merely delaying the prayer. Therefore, they offered the prayer on their way and then rushed to the destination. Later on it was mentioned toRasulallah(sallallahu alayhi wa salam) and he did not condemn any one.496. Two Sahabah of Rasulallah(sallallahu alayhi wa salam) went out on a journey. When the time of prayer came, having no water with them, they performed ablution with good earth and then prayed. Immediately afterwards they found water. One of them performed ablution with water and repeated the prayer while the other did not. They both exercised their ijtihad and practiced according to it. When they came back they mentioned it to Rasulallah(sallallahu alayhi wa salam) . He said to the one who did not repeat the prayer, “You have observed my practice (Sunnah) and your prayer was enough for you.” To the one who had performed ablution with water and repeated the prayer he said, “You will have a two fold reward.”507. OnceRasulallah(sallallahu alayhi wa salam) sent a military expedition to the western sea coast in order to watch the Quraysh's caravan. They were three hundred men under the command of Abu 'Ubaydah ibn al-Jarrah. They stayed at the seashore for half a month and were struck with severe hunger. One day the sea threw out a dead fish so big, the like of which they had never been seen, and it was called "Anbar''. They did not have any instructions fromRasulallah(sallallahu alayhi wa salam) about the lawfulness of this huge animal. The commander Abu 'Uubaydah exercised his ijtihad and pronounced it lawful and asked them to eat of it. They ate of it for half-a-month. On arrival at Medina they informedRasulallah(sallallahu alayhi wa salam) about it. He said, “Eat of it, for it is a food which Allah has brought out for you.” Then he said, “Feed us if you have some of it.” There upon one of them gave him a portion which he ate.51 . Once some ofRasulallah(sallallahu alayhi wa salam)'s Sahabah went on a journey until they reached a certain Arabian tribe. They stopped there for rest, and asked them for hospitality, which the tribe refused. The chief of the tribe was then by chance bitten by a snake. His tribesmen tried their best to cure him but it was in vain. One of them said, “Nothing is benefiting him. If you go to the people who stopped here, some of them might have something useful.” They went toRasulallah(sallallahu alayhi wa salam)'s Sahabah and told them that their chief had been bitten by a snake, and they had tried everything but it was in vain. Then they asked them if they had any useful thing. One of the Sahabah replied, “Yes, by ALLAH , I can use a spell but when we asked you for hospitality you refused, now I am not going to use a spell for your chief unless you fix a remuneration for it. They agreed to pay them a flock of sheep. Upon this the Sahabah started the recitation of the Qur'an's first chapter "Alhamdu lillahi Rabbil 'alameen'', and puffed over the chief who recovered instantly as if he was released from a chain; he started walking and there was not a bit of sickness with him. The tribesmen paid what they had agreed to pay. Some of the Sahabah suggested to divide the earnings, but the one who used the spell said, “Do not do it until we come to Rasulallah(sallallahu alayhi wa salam) , and tell him the whole story, and then wait for his orders.” So they went toRasulallah(sallallahu alayhi wa salam) and reported it to him. He said to that one who used the spell, “How did you come to know that the first chapter of the Qur'an was a spell?” Then he added, “You people have done the right thing, divide the earnings, and assign a share for me as well.” ThenRasulallah(sallallahu alayhi wa salam) smiled.52This report contains three reasonings. First, using the first chapter as a spell and demanding remuneration for it. Second, the suggestion of distribution. And finally, not to do it without askingRasulallah(sallallahu alayhi wa salam) .9. On the occasion of Hudaybiyah,Rasulallah(sallallahu alayhi wa salam)sent 'Uthman ibn 'Affan to Mecca in order to negotiate with the Quraysh so that they might allowRasulallah(sallallahu alayhi wa salam)and his Sahabah to perform the pilgrimage to the Ka'bah.'Uthman entered Mecca and tried his best to convince the Quraysh but it did not work. However, they allowed him to perform the circumambulation of the Ka'bah which he refused to do. His ijtihad led him not to accept their offer. He informed them that he would never perform the ritual withoutRasulallah(sallallahu alayhi wa salam) .5310. During the last year of Rasulallah(sallallahu alayhi wa salam) 's Meccan life, the city of Medina became the base for the Islamic movement. In a very short period of time Islam grew to be one of the two major religions of that city; the other was Judaism. The majority of the two pagan tribes of Medina, Banu Khazraj and Banu Aws, had embraced Islam. One day some devoted Muslims of Medina held a meeting and discussed the need for a weekly fixed day for special religious services. They did not have any divine instruction in this regard and did not have access to Rasulallah(sallallahu alayhi wa salam) because he had not yet migrated and was still at Mecca. They said to each other that the Jews had a fixed weekly day, Saturday, in which they get together, just as the Christians had Sunday. Let the Muslims have a fixed day also on which they should meet together every week, remember Allah, offer prayers, and pay thanks to Allah. They selected the day of Friday for this purpose, and assembled to As'ad ibn Zurarah, a very knowledgeable Sahabah of Rasulallah(sallallahu alayhi wa salam) , who led them in the prayer which was the first Friday prayer in the history of Is1am.54 This action of the Muslims of Medina was later on confirmed by Rasulallah(sallallahu alayhi wa salam) . This report is evidence that the selection of Friday for the special congregational prayer was through the ijtihad of the Muslims of Medina during Rasulallah(sallallahu alayhi wa salam)'s absence.


There are many pre-requisites of ijtihad:

i) Learning the Arabic language to the extent that is required. Knowledge of the colloquialism of Arabic and the language of the people to whom the Qur’an and the sunna was addressed to.

ii)Commentary (tafseer) of the Qur’an.

iii)Logic (mantiq). Every branch of learning in which reasoning is used needs logic (understanding).

iv)The study of Ahadith.

v) Knowledge of the transmitters of ahadith (rijal), to the extent where one is able to discern the validity of the ahadith.

vi) The study of the principles of fiqh (jurisprudence).

vii)Thorough research and study of the views of others.

viii)Review of the verdicts and narrations of the Ahlus Sunnah. ix) Striving to make use of all of one’s abilities in deducing the rules. Once these pre-requisites have been met, then to be able to derive the laws of Shari’a a mujtahid uses the following four sources:

1) The Qur’an :-This is no doubt the first source for the laws and regulations of Islam. Approximately one thirteenth of the Qur’an pertains to laws.(2) The Sunnah : This means the words, actions and assertions of the Ma’sumeen. The study of the narrators is an important part in asserting the validity of the hadith.

3) Ijmaa (Consensus) :-Consensus means the general agreement of the ulema of a particular period on a particular issue. Consensus in it’s own right is not binding, and must be supported by the Sunnah.However, the Ahlus Sunnah believe that complete agreement of all the Muslims of one period on an issue is a divine revelation and it cannot be wrong.

4)Aql (Reason) :-What is meant here is that sometimes a law of shari’a is determined by the proof of reason.

One of the obvious elements of Islam is that each command (amr) of Shari’a is there to meet the best interests of human beings and each prohibition (nahyi) arises from the necessity of preventing the corruption of the human being. Thus, because the laws of shari’a are centred on the wisdom of what is best and worst for the human being physically and spiritually, they will correspond to the laws of reasoning.

Therefore, if we suppose that in some case there is no law communicated to us in the Qur’an or in the Sunnah, the wisdom of the other judgements of shari’a will automatically discover the law for the case in question. e.g. At the time (and place) of the Prophet (S.A.W.) there was no addiction to drugs like Marijuana, and we have no narrated proofs of it by name in the Qur’an, Sunnah and consensus. With our reason and knowledge, and on the basis of ‘a form of corruption which is essentially to be avoided’, and because we know that whatever is harmful to human beings and a corruption of them is haram in the view of Shari’a, we realise that Marijuana is forbidden. Here, we have a basic principle to work on.However. Qiyaas (analogy) is forbidden. This is where one deduces a law due to it’s resemblance to another law based on opinion and imagination rather then reason and certitude. Among the ulema of the Ahlus Sunnah, Abu Haneefa considered qiyaas (analogy) to be the fourth source. Imam Ja’fer As-Sadiq (A.S.) tried to show Abu Haneefa the error of qiyaas - It is reported that in a conversation about the subject, Imam (A.S.) asked him: “What is more important? Salaa or Sawm?” Abu Haneefa replied: “Salaa!”

Imam said: “Then why do women have to repay their qadha sawm during their monthly periods and not the qadha salaa?”

“What is more najis? Urine or stool?” Imam askedAbu Haneefa replied: “Stool!” Imam said: “Then why do you need water to make the area tahir after urine, but in the case of stool paper will suffice?”

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