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?”