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Outline Sources of Shraih1
Outline Sources of Shraih1
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Outline
Sharia deals with many topics addressed by secular law, including crime, politics and economics,
as well as personal matters such as Marriage, Foods, prayer, and fasting
The sharia is characterized as a discussion on the duties of Muslims based on both the opinion of
the Muslim community and extensive literature
Concept
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o "Ijtihad" constitutes and effort to opt for one of two or more possible solutions in a given
situation and to provide legal justification for that solution with legal justification
In Quran,Ijtehad literally means to exert. In the Islamic terminology it means to exert with a view to
form an independent judgement on a legal question. It has its origin in the well-known verse of the
Quran And to those who exert we show our path. Ijtehad + consensus = IJMA
Hazrat Ali, when consulted by Caliph Uthman on the punishment which should be meted out to
those who drank wine, he advised;
o We apply the punishment for calumny, namely eighty lashes of the whip, because if a
person becomes intoxicated, he knows not what he says, and in such a condition he
commits calumny. Thus, through this analogy, drinking of wine was linked to calumny.
Caliph Umar , observed the principle of sound analogy (Tawil) in the interpretation of the Quranic
verse:Alms are only for the poor and the needy, and those who collect them and for those whose
hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah and
the wayfarer, a duty imposed by God. (9:60)
Imam Abu Hanifa and Abu Yusuf are reported by Ibn Qyyaim al-Jawziah to have said, It is not
legitimate for anyone to follow our view until he has learned the source where from we derived
those views
Imam Mohammad, and Imam Yusuf both students of Imam Hanifa, rejected eighty percent of
Ijtehad of their teacher Abu Hanifa in the light of new sources and changed conditions
The Fiqh Hanafi as it exists today is based on the Ijtehad of both these students, that is, Imam
Yusuf and Imam Mohammad
Ahmad Ibn Hanbal, reputed the most meticulous adherent to the traditions said, Do not imitate me,
Malik, AlShafii or al-Thawri but learn from the source from which they learned.
Cant be invoke in :
Creation of universe
Oneness of Allah
Faiths
5 Pillars of Islam
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Practice of Ijtehad
FIQ
FORMATION OF IJMA'
RATIONALE
Hanafi
Shafi'i
Maliki
Hanbali
Usuli
Issues of Language
Revival of Religion
Extremism-justifying terrorism
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Individual_Mujtahid Characteristics
Concept developed by Shah Wali Ullah_Ulema
Institutional
International Ijtehad
Jamaiya Azhar
Bait ulqum
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In the fourth century of Hijrah a person called al-Qaffal issued a Fatwa closing the door of Ijtihad,
thus he was called al-Qaffal which means the one who closes something
During the Mogul invasion. Rulers feared that under pressure of occupation by non-Muslim forces
that Ijtihad may lead to misinterpretations
Only with security can one tolerate differences. If the self is threatened it clutches to certainties,
wants to keep them and builds on them.
Iqbal_ worldly matters (muamalaat) relate to the rights of the people and are subject to change and
modification
"When Ijtihad-the possibility of reconciling faith and present-day life-stopped a long time ago, We
need to do whatever we can to repair that mistake."
The scope includes definitive matters such as the prohibition of Riba (usury)
Ijtehad possible where Islamic evidences have not discussed directly i.e. upon new issues
Some Terms
Consensus = Ijma
Preference = Istehsan
Common practice
Taqlid =
I'tiqadat (beliefs)
Uqubat (punishments)
urf
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The Shariah regulates all human actions and puts them into five categories:
o Obligatory,Recommended,Permitted ,Disliked ,Forbidden
Obligatory actions must be performed and when performed with good intentions are
rewarded. Its opposite is the forbidden.
o Recommended action is that which should be done. Its opposite is the disliked.
o Permitted action is that which is neither encouraged nor discouraged. Most human actions
fall in this last category