View Full Version : IJTIHAD: OF RASULALLAH(sallallahu alayhi wa salam)THE SAHABAH DURING HIS LIFETIME.(2)

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. ​


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