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Islamic scholar
Ab Abdillh Muhammad ibn Idrs al-Shfi
Title
Shaykh al-Islm
Born
767 CE/150 AH
Gaza, Palestine
Died
Ethnicity
Arab
Era
Jurisprudence
Ijtihad
Main interest(s)
Fiqh
Notable idea(s)
Shafi'i madhhab
Notable work(s)
Influenced by[show]
Influenced[show]
[hide]
Part of a series on
Sunni Islam
Beliefs[show]
Five Pillars[show]
Rightly-Guided Caliphs[show]
Movements[show]
Holy sites[show]
Hadith collections[show]
Islam portal
Contents
[hide]
1 Introduction
2 Family
2.1 767 786: Al-Mansur to Al-Hadi's era
3 Legacy
o
3.1 Works
3.3 Quotations
5 See also
6 References
7 External links
Introduction[edit]
The biography of al-Shfii is difficult to trace. Dawud al-Zahiri was said to be the first to write such a
biography, but the book has been lost.
The oldest surviving biography goes back to Ibn Abi Hatim
al-Razi (died 327H/939) and is no more than a collection of anecdotes, some of them fantastic. The
first real biography is by Ahmad Bayhaqi (died 458H/1066) and is filled with what a modernist eye
would qualify as pious legends. The following is what seems to be a sensible reading, according to a
modern reductionist point of view.
[4][5][6]
Family[edit]
Al-Shfi belonged to the Qurayshi clan Banu Muttalib which was the sister clan of the Banu
Hashim to which the Prophet Muhammad and the Abbasid caliphs belonged. Hence he had
connections in the highest social circles, but he grew up in poverty.
Al-Shfi moved to Medina in his quest to learn Islam, as was the tradition of acquiring knowledge.
There, he was taught by the famous Imam Malik ibn Anas. He memorized Muwatta Imam Malik at a
very early age, whereby Imam Malik was very impressed with his memory and knowledge.
[8]
In Baghdad, he developed his first madh'hab, influenced by the teachings of both Imam Abu
Hanifa and Imam Malik. Thus, his work there is known as al Madhab al Qadim lil Imam as Shafii,
or the Old School of ash-Shafi'i.
al-Shafi'i left Baghdad in 804/188, possibly because Hanafi followers had complained to Shaybani
that Shafi'i had become somewhat critical of the school during their disputations; as a result, Shafi'i
is said to have participated in a debate with Shaybani over their differences, though who won the
debate is disputed. After spending some time teaching in Mecca, where Hanbal is said to have
heard him lecturing at the Sacred Mosque, Shafi'i eventually returned to Baghdad in 810/194.
[10]
[11]
[13]
[14]
Death[edit]
At least one authority says that Shafi'i died as a result of injuries sustained from an attack by
supporters of a Maliki follower named Fityan. The story goes that Shafi'i triumphed in argument over
Fityan, who, being intemperate, resorted to some form of abuse. The Governor of Egypt, with whom
Shafi'i had good relations, ordered Fityan punished by having him paraded through the streets of the
city carrying a plank and stating the reason for his punishment. Fityan's supporters were enraged by
this treatment, and they attacked Shafi'i in retaliation after one of Shafi'i's lectures. Shafi'i died a few
days later. However, Shafi'i is also said to have suffered from some sort of intestinal illness, so the
precise reason for Shafi'i's death is unknown.
[15]
[16]
He died at the age of 54 on the 30th of Rajab in 204 AH (20 January 820 AD) in al-Fustat, Egypt,
and he was buried in the vault of the Ban Abd al-Hakam, nearMount al-Muqattam. The qubba was
built in 1212/608 by the Ayyubid Al-Kamil, and the mausoleum remains an important site today.
[17][18]
Legacy[edit]
Al-Shfi developed the science of fiqh unifying 'revealed sources' - the Quran and hadith - with
human reasoning to provide a basis in law. With this systematization of shari'a he provided a legacy
of unity for all Muslims and forestalled the development of independent, regionally based legal
systems. The four Sunni legals schools or madhhabs- keep their traditions within the framework that
Shafi'i established.
Al-Shfi gives his name to one of these legal schools Shafi'i fiqh - the Shafi'i school - which is
followed in many different places in the Islamic
world: Indonesia,Malaysia, Egypt, Somalia, Yemen as well as Sri Lanka and southern parts of India.
Saladin built a madrassa and a shrine on the site of his tomb. Saladin's brother Afdal built
a mausoleum for him in 1211 after the defeat of the Fatamids. It remains a site where people petition
for justice.
[19]
Bayhaqi
Hakim al-Nishaburi
Jalaluddin Suyuti
Al-Dhahabi
al Ghazali
[20]
[citation needed]
[citation needed]
[citation needed]
Ibn Kathir
Al-Mawardi
Works[edit]
He authored more than 100 books.
In addition to this, al-Shafi'i was an eloquent poet, who composed many short poems aimed at
addressing morals and behaviour.
Personal life[edit]
Many stories are told about the childhood and life of ash-Shafi'i, and it is difficult to
separate truth from myth:
Tradition says that he memorized the Quran at the age of seven; by ten, he had memorized
the Muwatta of Malik ibn Anas; he was a mufti (given authorization to issue fatwa) at the age of
fifteen. He recited the Qur'an every day in prayer, and twice a day in Ramadan.
Some apocryphal accounts claim he was very handsome, that his beard did not exceed the length of
his fist, and that it was very black. He wore a ring that was inscribed with the words, Allah suffices
Muhammad ibn Idris as a reliance. He was also known to be very generous.
He was also an accomplished archer, a poet, and some accounts call him the most eloquent of his
time. Some accounts claim that there were a group of Bedouin who would come and sit to listen to
him, not for the sake of learning, but just to listen to his eloquent use of the language. Even in latter
eras, his speeches and works were used by Arabic grammarians. He was given the title of Nasir al
Sunnah, the Defender of the Sunnah.
Al-Shafii loved the Islamic prophet Muhammad very deeply. Al Muzani said of him, He said in the
Old School: Supplication ends with the invocation of blessings on the Prophet, and its end is but by
means of it. Al-Karabisi said: I heard al-Shafii say that he disliked for someone to say the
Messenger (al-Rasul), but that he should say Allahs Messenger (Rasul Allah) out of veneration for
him. He divided his night into three parts: one for writing, one for praying, and one for sleeping.
Apocryphal accounts claim that Imam Ahmad said of ash-Shafi'i, I never saw anyone adhere more
to hadith than al-Shafii. No one preceded him in writing down the hadith in a book. Imam Ahmad is
also claimed to have said, Not one of the scholars of hadith touched an inkwell nor a pen except he
owed a huge debt to al-Shafii.
Muhammad al-Shaybani said, If the scholars of hadith speak, it is in the language of al Shafii.
Shah Waliullah, an 18th century Sunni Islamic scholar stated:
[21]
A Mujadid appears at the end of every century: The Mujtahid of the 1st century was Imam of Ahlul S
According to many accounts he was said to have a photographic memory. One anecdote states that
he would always cover one side of a book while reading because a casual glance at the other page
would commit it to memory.
He claimed that the game of chess was an image of war, and it was possible to play chess as a
mental exercise for the solution of military tactics. Chess could not be played for a stake, but if a
player was playing for a mental exercise, he was not doing anything illegal. Provided the player took
care that his fondness for chess did not cause him to break any other rule of life, he saw no harm in
playing chess. He played chess himself, defending his practice by the example of many of his
companions.
Quotations[edit]
[22]
He said to the effect that no knowledge of Islam can be gained from books of Kalam, as
kalam "is not from knowledge"
and that "It is better for a man to spend his whole life doing
whatever Allah has prohibited - besides shirk with Allah - rather than spending his whole life
involved in kalam."
[23][24]
[25]
V
T
E
See also[edit]
Islam portal
Fiqh
Shafi'i
Mujaddid
References[edit]
1.
2.
Jump up^ The Origins of Islamic Law: The Quran, the Muwat t a
and Madinan Amal, by Yasin Dutton, pg. 16
3.
Jump up^ Fadel M. (2008). The True, the Good and the Reasonable: The Theological and Ethical Roots of
Public Reason in Islamic Law. Canadian Journal of Law and Jurisprudence.
4.
5.
Jump up^ Ibn Hajar al-Asqalani, Tawalli al-Ta`sis li-Ma'ali Muhammad bin Idris, pg.26
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Jump up^ Khadduri, pp. 15-16 (Translator's Introduction). Khadduri cites for this story Yaqut's Mujam alUdab, vol. VI pp. 394-95 (ed. Margoliouth, London: 1931), and Ibn Hajar's Tawl al Ta'ss, p. 86.
16.
17.
18.
19.
Jump up^ Ruthven Malise, Islam in the World. 3rd edition Granta Books London 2006 ch. 4, page 122
20.
21.
22.
Jump up^ Diwan al-Imam al-shafi'i, (book of poems - al-shafi'i) p. 100; Dar El-Mrefah Beirut - Lebanon
2005. ISBN 9953-429-33-2
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
Jump up^ Umar Ibn Abdul Aziz by Imam Abu Muhammad ibn Abdullah ibn Hakam died 829
Notes
Ruthven Malise, Islam in the World. 3rd edition Granta Books London 2006 ch. 4
Imam
From Wikipedia, the free encyclopedia
Usul al-fiqh
Fiqh
Taqlid
Ijma
Madhhab
Qiyas
Urf
Bidah
Madrasah
Ijazah
Istihlal
Istihsan
Ahkam
Sawab
Halal
Fard
Mustahabb
Mubah
Makruh
Gunah
Haram
Batil
Fasiq
Theological titles
Ulama
Faqh
Grand Mufti
Hafiz
Hujja
Hakim
Imam
Khatib
Marja'
Mawln
Mawlawi
Mufassir
Mufti
Muhaddith
Mujaddid
Mujtahid
Qadi
Sheikh
Shaykh al-Islam
Ustad
An imam (/mm/; Arabic: imm, plural: aimmah; Persian: )is an Islamic leadership
position. It is most commonly in the context of a worship leader of a mosque and Muslim community
by Sunni Muslims. In this context, Imams may lead Islamic worship services, serve as community
leaders, and provide religious guidance. For Shi'a Muslims, the Imam has a more central meaning
and role in Islam through the concept of Imamah, the term is only applicable to those members of
the house of the prophet ahl al-Bayt, designated as infallibles. Imam may also be used in the form
of a title for renowned Muslim scholars.
[1]
Contents
[hide]
1 Sunni Imams
2 Shi'a imams
o
2.1 Twelver
2.2 Ismaili
4 Gallery
o
4.1 Imams
4.2 Muftis
4.3 Shaykh
5 See also
6 Notes
7 References
8 External links
Sunni Imams[edit]
The term is also used for a recognized religious scholar or authority in Islam, often for the founding
scholars of the four Sunni madhhabs, or schools of jurisprudence (fiqh). It may also refer to the
Muslim scholars who created the analytical sciences related to Hadith or it may refer to the heads of
the Prophet Muhammad's family in their generational times.
[citation needed]
The following table shows the considered imams in the context of scholarly authority by Sunni
Muslims:
Madhhab (Schools of
Jurisprudence)
Aqidah (Schools of
Theology)
Science
ofHadith
Imam
Bukhari
Imam Malik
Imam Abu
Dawood
Imam Shafi'i
Imam
Muslim
Imam Fakhr
al-Razi
Shi'a imams[edit]
Main articles: Imamah (Shi'a doctrine) and The Twelve Imams
In the Shi'a context, Imam is not only presented as the man of God par excellence but as
participating fully in the names, attributes, and acts that theology usually reserves for God alone.
Imams have a meaning more central to belief, referring to leaders of the
community. Twelver and Ismaili Shi'a believe that these imams are chosen by God to be perfect
examples for the faithful and to lead all humanity in all aspects of life. They also believe that all the
imams chosen are free from committing any sin, impeccability which is called ismah. These leaders
must be followed since they are appointed by God.
[2]
Twelver[edit]
Here follows a list of the Twelvers imams:
Numbe
r
Name
(Full/Kuny
a)
Title
(Arabic/Turkish
)[3]
Birth
Death
(CE/AH)
Amir alMu'minin
(Commander of
the Faithful)[5]
600661[5]
Birinci Ali[6]
Abu alHassan or
Importance
[4]
2340[7]
Birthplace
(present day
country)
Mecca,Saudi
Arabia[5]
Abu alHusayn
or
Hassan ibn
Ali
al-Mujtaba
624680[9]
kinci Ali[6]
350[10]
2
Abu
Muhammad
Husayn ibn
Ali
3
Abu
Abdillah
Sayed alShuhada
626
680[13]
nc Ali[6]
461[14]
Medina,Saudi
Arabia[9]
Medina,Saudi
Arabia[13]
Killed on Day of
Ashura (10 Muharram)
and beheaded at
theBattle of Karbala.
[13]
Buried at the Imam
Husayn
Shrine inKarbala, Iraq.
Medina,Saudi
Arabia[16]
Medina,Saudi
Arabia[18]
[13][15]
Muhammad
ibn Ali
Abu Ja'far
Ja'far ibn
Muhammad
al-Sajjad, Zain
al-Abedin[16]
658-9[16]
712[17]
Drdnc Ali[6]
38[16]95[17]
al-Baqir al-Ulum
(splitting open
knowledge)[18]
677
732[18]
57114[18]
Beinci Ali[6]
al-Sadiq[20]
702
765[20]
Author of prayers
in Sahifa alSajjadiyya, which is
known as "The Psalm
of the Household of
the Prophet."[17]
Medina,Saudi
Arabia[20]
According to Shia
sources, he was
poisoned
(the Trustworthy)
Abu
Abdillah
83148[20]
Altnc Ali
[6]
in Medina, Saudi
Arabia on the order of
Caliph Al-Mansur.[20] Bu
ried in Jannat al-Baqi.
[21]
Musa ibn
Ja'far
7
Abu alHassan I
[22 ]
Ali ibn
Musa
al-Kazim[23]
Yedinci Ali[6]
al-Rida, Reza[26]
Sekizinci Ali[6]
[22]
Muhammad
ibn Ali
Abu Ja'far
Ali ibn
Muhammad
10
11
Hassan ibn
al-Taqi, alJawad[27]
Dokuzuncu Ali[6]
al-Hadi, alNaqi[28]
744
799[23]
128
183[23]
765
817[26]
148
203[26]
810
835[27]
195
220[27]
827
868[28]
Onuncu Ali[6]
212
254[28]
al-Askari[30]
846
Medina,Saudi
Arabia[23]
Imprisoned and
poisoned
inBaghdad, Iraq on the
order of Caliph Harun
al-Rashid. Buried in
the Kazimayn shrine in
Baghdad.[23]
Medina,Saudi
Arabia[26]
According to Shia
sources, he was
poisoned
in Mashad, Iranon the
order of Caliph AlMa'mun. Buried in
the Imam Reza
shrine in Mashad.[26]
Medina,Saudi
Arabia[27]
Strengthened the
network
of deputies in the
Shia community. He
sent them
instructions, and
received in turn
financial
contributions of the
faithful from
thekhums and
religious vows.[28]
Surayya, a
village
nearMedina,Sau
di Arabia[28]
According to Shia
sources, he was
poisoned
in Samarra, Iraqon the
order of Caliph AlMu'tazz.[29] Buried in
the Al Askari
Mosque in Samarra.
Medina,Saudi
According to Shia, he
Made crown-prince
by Caliph AlMa'mun, and famous
for his discussions
with both Muslim
and non-Muslim
religious scholars.[26]
Famous for his
generosity and piety
in the face of
persecution by
the Abbasid caliphate
.
Ali
Abu
Muhammad
12
Muhammad
ibn alHassan
Abu alQasim
874[30]
Onbirinci Ali[6]
232
260[30]
al-Mahdi, Hidden
Imam, alHujjah[33]
868
unknown[
34]
255
unknown[
Onikinci Ali[6]
34]
the Abbasid
Caliph, Al-Mu'tamid,
placed restrictions on
him after the death of
his father. Repression
of the Shi'ite
population was
particularly high at
the time due to their
large size and
growing power.[31]
According to Twelver
doctrine, he is the
current imam and the
promised Mahdi, a
messianic figure who
will return
with Jesus. He will
reestablish the
rightful governance
of Islam and replete
the earth with justice
and peace.[35]
Arabia[30]
Samarra,Iraq[34]
According to Shia
doctrine, he has been
living in
theOccultation since
872, and will continue
as long as God wills it.
[34]
Fatimah, also Fatimah al-Zahraa, daughter of Muhammed (615632), is also considered infallible
but not an Imam. Shi'a believe that the last Imam will one day return.
Ismaili[edit]
See Imamah (Ismaili doctrine) and List of Ismaili imams for Ismaili imams.
[37]
Gallery[edit]
Imams[edit]
An Imam reads verses from the Quran afterIsha' (night prayers) in the Mughal Empire.
Muftis[edit]
Shaykh[edit]
See also[edit]
Women as imams
Mufti
Notes[edit]
1.
2.
Jump up^ Amir-Moezzi, Ali (2008). Spirituality and Islam. London: Tauris. p. 103. ISBN 9781845117382.
3.
Jump up^ The imam's Arabic titles are used by the majority of Twelver Shia who use Arabic as a liturgical
language, including the Usooli, Akhbari, Shaykhi, and to a lesser extent Alawi. Turkish titles are generally used by Alevi,
a fringe Twelver group, who make up around 10% of the world Shia population. The titles for each imam literally translate
as "First Ali", "Second Ali", and so forth. Encyclopedia of the Modern Middle East and North Africa. Gale Group.
2004. ISBN 978-0-02-865769-1.
4.
Jump up^ The abbreviation CE refers to the Common Era solar calendar, while AH refers to the
Islamic Hijri lunar calendar.
5.
6.
^ Jump up to:a b c d e Nasr, Seyyed Hossein. "Ali". Encyclopdia Britannica Online. Retrieved 2007-10-12.
^ Jump up to:a b c d e f g h i j k l Encyclopedia of the Modern Middle East and North Africa. Gale Group.
2004. ISBN 978-0-02-865769-1.
7.
8.
9.
10.
11.
Jump up^ Madelung, Wilferd. "Hasan ibn Ali". Encyclopaedia Iranica. Retrieved 2008-03-23.
12.
13.
14.
15.
Jump up^ Calmard, Jean. "Husayn ibn Ali". Encyclopaedia Iranica. Retrieved 2008-03-23.
16.
^ Jump up to:a b c d Madelung, Wilferd. "'AL B. AL-HOSAYN". Encyclopaedia Iranica. Retrieved 2007-11-08.
17.
18.
^ Jump up to:a b c d e Madelung, Wilferd. "AL-BAQER, ABU JAFAR MOHAMMAD". Encyclopaedia Iranica.
Retrieved 2007-11-08.
19.
20.
21.
Jump up^ "Wasil ibn Ata". Encyclopdia Britannica Online. Retrieved 2007-11-08.
22.
^ Jump up to:a b Madelung, Wilferd. "'AL AL-HD". Encyclopaedia Iranica. Retrieved 2007-11-09.
23.
24.
25.
26.
27.
28.
^ Jump up to:a b c d e f Madelung, Wilferd. "'AL AL-HD". Encyclopaedia Iranica. Retrieved 2007-11-08.
29.
30.
31.
32.
33.
Jump up^ "Muhammad al-Mahdi al-Hujjah". Encyclopdia Britannica Online. Retrieved 2007-11-08.
34.
35.
36.
Jump up^ Miles, Samuel Barrett (1919). The Countries and Tribes of the Persian Gulf. Garnet Pub. pp. 50,
437. ISBN 978-1-873938-56-0. Retrieved 2013-11-15.
37.
Jump up^ Holt, P. M.; Holt, Peter Malcolm; Lambton, Ann K. S.; Bernard Lewis (1977-04-21). The Cambridge
History of Islam:. Cambridge University Press. p. 365. ISBN 978-0-521-29137-8.
References[edit]
Encyclopdia Iranica. Center for Iranian Studies, Columbia University. ISBN 1-56859-050-4.
Martin, Richard C. Encyclopaedia of Islam and the Muslim world; vol.1. MacMillan. ISBN 002-865604-0.
Encyclopedia of the Modern Middle East and North Africa. Gale Group. 2004. ISBN 978-002-865769-1.
Corbin, Henry (1993 (original French 1964)). History of Islamic Philosophy, Translated by
Liadain Sherrard, Philip Sherrard. London; Kegan Paul International in association with Islamic
Publications for The Institute of Ismaili Studies. ISBN 0-7103-0416-1. Check date values in: |
date= (help)
Momen, Moojan (1985). TAn Introduction to Shi`i Islam: The History and Doctrines of Twelve.
Yale University Press. ISBN 0-300-03531-4.
Sachedina, Abdulaziz Abdulhussein (1988). The Just Ruler (al-sultn Al-dil) in Shite
Islam: The Comprehensive Authority of the Jurist in Imamite Jurisprudence. Oxford University
Press US. ISBN 0-19-511915-0.
Tabatabae, Sayyid Mohammad Hosayn; Seyyed Hossein Nasr (translator) (1979). Shi'ite
Islam. SUNY press. ISBN 0-87395-272-3.
Corbin, Henry (1993). History of Islamic philosophy (Reprinted. ed.). London: Kegan Paul
International. ISBN 9780710304162.
Taqlid
From Wikipedia, the free encyclopedia
Part of a series on Islam
Usul al-fiqh
Fiqh
Taqlid
Ijma
Madhhab
Qiyas
Urf
Bidah
Madrasah
Ijazah
Istihlal
Istihsan
Ahkam
Sawab
Halal
Fard
Mustahabb
Mubah
Makruh
Gunah
Haram
Batil
Fasiq
Theological titles
Ulama
Faqh
Grand Mufti
Hafiz
Hujja
Hakim
Imam
Khatib
Marja'
Mawln
Mawlawi
Mufassir
Mufti
Muhaddith
Mujaddid
Mujtahid
Qadi
Sheikh
Shaykh al-Islam
Ustad
1 Overview
2 See also
3 References
4 External links
Overview[edit]
Taqld is an Arabic verbal noun based on the verb qallada, literally "to place, to gird or to adorn with a
necklace"(qildah). The term is believed to have originated from the idea of allowing oneself to be
led "by the collar". One who performs taqlid is called a muqallid, whereas one who rejects taqlid is
called a ghair-muqallid. Sheikh Shaamee Hanafi said it is "to take the statement of someone
without knowing the evidence."
[1]
[2]
[3]
There are several verses (ayat) in the Quran that forbid taqlid in matters of religion (5:104-5, 17:36,
21:52-54 43:22-24) though this is interpreted as referring only to fundamentals (usul ad-din) and not
to subsidiary elements (furu `ad-din) such as details of law and ritual practices that can only be
learned through extensive study.
Following the Greater Occultation (al-ghaybatu 'l-kubra) in 941 CE (329 AH), the Shia are obliged to
observe taqlid in their religious affairs by following the teachings of a thinker (mujtahid) or jurist
(faqih). As of the 19th century the Shia ulama taught believers to turn to "a source of taqlid"
(marja' at-taqlid) "for advice and guidance and as a model to be imitated."
[4]
[5]
See also[edit]
Madhab
Case law
References[edit]
1.
Jump up^ Najm al-Din al-Tufi, Sharh Mukhtasar al-Rawdah (Beirut: Muassasah al-Rislah, 1410H), 3:65.
2.
Jump up^ Surkheel (Abu Aaliyah) Sharif, The Truth About Taqlid (Part I), the Jawziyyah Institute, 2007, p. 2 [1]
3.
4.
5.
Jump up^ An introduction to Shii Islam: the history and doctrines of Twelver Shiism By Moojan Momen, p.143
External links[edit]
A lecture on Taqlid titled "Blind Following of Sunni Imam" by Dr. Khalid Zaheer
Ijtihad
From Wikipedia, the free encyclopedia
Part of a series on Islam
Usul al-fiqh
Fiqh
Taqlid
Ijma
Madhhab
Qiyas
Urf
Bidah
Madrasah
Ijazah
Istihlal
Istihsan
Ahkam
Sawab
Halal
Fard
Mustahabb
Mubah
Makruh
Gunah
Haram
Batil
Fasiq
Theological titles
Ulama
Faqh
Grand Mufti
Hafiz
Hujja
Hakim
Imam
Khatib
Marja'
Mawln
Mawlawi
Mufassir
Mufti
Muhaddith
Mujaddid
Mujtahid
Qadi
Sheikh
Shaykh al-Islam
Ustad
Ijtihad (Arabic: ijtihd, "diligence") is an Islamic legal term that means "independent reasoning"
or "the utmost effort an individual can put forth in an activity." As one of the four sources
of Sunni law, it is recognized as the decision-making process in Islamic law (sharia) through
personal effort (jihad) which is completely independent of any school (madhhab) of jurisprudence
(fiqh). As opposed to taqlid, it requires a "thorough knowledge of theology, revealed texts and legal
theory (usually al-fiqh); an exceptional capacity for legal reasoning; thorough knowledge of
Arabic." By using both the Qu'ran and Hadith as resources, the scholar is required to carefully rely
on analogical reasoning to find a solution to a legal problem, which is considered to be a religious
duty for those qualified to conduct it. Thus, amujtahid is recognized as an Islamic scholar who is
competent in interpreting sharia by ijtihad. Today, there are many different opinions surrounding the
role of ijtihad in modern society.
[1]
[2]
Contents
[hide]
2 History
3 Qualifications of a mujtahid
o
3.1 Sunni
3.2 Shi'i
3.5 Islamists
4 See also
5 References
6 External links
[4]
History[edit]
During the early years of Islam, when religious law was first being formulated, ijtihad was a common
process practiced by trained jurists and recognized as "ra'y". Jurists used ra'y to help reach legal
rulings, in cases where the Qur'an and Sunna did not provide clear direction for certain decisions. It
was the duty of the educated jurists to come to a ruling that would be in the best interest of the
Muslim community and yet still promote the public good.
As religious law continued to develop over time, ra'y became insufficient in making sure that fair
legal rulings were being derived in keeping with both the Qur'an andSunna. However, during this
time, the meaning and process of ijtihad became more clearly constructed. Ijtihad was "limited to a
systematic method of interpreting the law on the basis of authoritative texts, the Quran and Sunna,"
and the rulings could be "extended to a new problem as long as the precedent and the new situation
shared the same clause."
[5]
As the practice of ijtihad transformed over time, it became religious duty of a mujahad to conduct
legal rulings for the Muslim society. Mujahad is defined as a Muslim scholar that has met certain
requirements including a strong knowledge of the Qur'an, Sunna, and Arabic, as well as a deep
understanding of legal theory and the precedent; all of which allows them to be considered fully
qualified to practice ijtihad.
[2]
Around the beginning of the 900s, most Sunni jurists argued that all major matters of religious law
had been settled, allowing for taqlid, "the established legal precedents and traditions," to take priority
over ijtihad. However, the Shi'i Muslims recognized "human reasoning and intellect as a legal
source that supplements the Quran and other revealed texts," thus continuing to acknowledge the
importance of ijtihad. Due to the Sunni movement towards taqlid during this era, some Western
scholars today argue that this period led to the notion of the "closure of the doors of ijtihad" in
Islam. Joseph Schacht, a well-known Western scholar argued, "closure of the door of ijtihad" had
occurred by the beginning of the 10th century CE: "hence a consensus gradually established itself to
the effect that from that time onwards no one could be deemed to have the necessary qualifications
for independent reasoning in religious law, and that all future activity would have to be confined to
the explanation, application, and, at the most, interpretation of the doctrine as it had been laid down
once and for all." (Other scholars believe that debates about the "closing of the gate of ijtihad"
"were not apparent in legal literature until the end of the eleventh century, and even then only as a
theoretical issue". ) This move away from the practice of ijtihad was made by
[2]
[6]
[7]
[8][9]
the Hanafi and Maliki law schools, and the majority of Shafiis, but not by Hanbalis or a number of
prominent Shafis jurists who believed that "true consensus (ijma), apart from that of Muhammad's
Companions, did not exist" and that "the constant continuous existence of mujtahids was a
theological requirement."
[8]
During the turn of the seventeenth century, Sunni Muslim reformers began to criticize taqlid, and
promoted greater use of ijtihad in legal matters. They claimed the instead of looking solely to
previous generations for practices developed by religious scholars, there should be an established
doctrine and rule of behavior through the interpretation of original foundational texts of Islam
the Qu'ran and Sunna.
[2]
However, in more recent years, ijtihad has been the center of public discussion as reformers argue
for the "replacement of taqlid with ijtihad as a way to confront legal issues raised by contact with
modern Western society." Many jurists have attempted to revise certain laws that are associated
with modern issues, in light of the fact that the overall legal philosophy necessary to alter the
foundations of Islamic law remains completely unchanged. Thus, this has caused many individuals
to question whether or not these new rulings can be fully considered ijtihad, and if the doors
of ijtihad are still in fact closed.
[2]
Qualifications of a mujtahid[edit]
A mujtahid (Arabic: , "diligent") is an individual who is qualified to exercise ijtihad in the
evaluation of Islamic law. The female equivalent is a mujtahida. In general mujtahids must have an
extensive knowledge of Arabic, the Qur'an, the Sunnah, and legal theory (Usul al-fiqh). Sunni Islam
and Shi'i Islam, due to their divergent beliefs regarding the persistence of divine authority, have
different views on ijtihad and the qualifications required to achieve mujtahid. In order to clarify
how ijtihad differs in Sunni and Shi'i Islam it is necessary to explore the historical development of this
position in both branches.
[10]
Sunni[edit]
In the years immediately following the Prophet's death, Sunni Muslims practiced ijtihad because they
saw it as an acceptable form of the continuation of sacred instruction. Sunni Muslims, therefore
began to practice ijtihad primarily through the use of personal opinion, or ra'y. As Muslims turned to
the Quran and Sunnah to solve their legal issues, they began to recognize that these divine
proponents did not deal adequately with certain topics of law. Therefore, Sunni Muslims began to
find other ways and sources for ijtihad such as ra'y, which allowed for personal judgment of Islamic
law. Sunni Muslims justified this practice of ra'y with a particular hadith, which cites Muhammad's
approval of forming an individual sound legal opinion if the Qur'an and Sunnah contain no explicit
text regarding that particular issue. Therefore during the first two and a half centuries of Islam there
were no restrictions placed on scholars interested in practicing ijtihad. Beginning in the ninth
century, jurists began to make more restrictions on who could practice ijtihad and the kinds of
qualifications necessary. Therefore, the practice of ijtihadbecame limited to a qualified scholar and
jurist otherwise known as a mujtahid. Abu'l-Husayn al-Basri provides the earliest and most expansive
outline for the qualifications of a mujtahid, they include:
[11]
[12]
Enough knowledge of Arabic so that the scholar can read and understand both the Qur'an
and the Sunnah.
Extensive comprehensive knowledge of the Qur'an and the Sunnah. More specifically, the
scholar must have a full understanding of the Qur'an's legal contents. In regards to the Sunnah
the scholar must understand the specific texts that refer to law and also the incidence of
abrogation in the Sunnah.
Must be able to confirm the consensus (Ijma) of the Companions, the Successors, and the
leading Imams and mujtahideen of the past, in order to prevent making decisions that disregard
these honored decisions made in the past.
Should be able to fully understand the objectives of the sharia and be dedicated to the
protection of the Five Principles of Islam, which are life, religion, intellect, lineage, and property.
Be able to distinguish strength and weakness in reasoning, or in other words exercise logic.
[13]
From the declaration of these requirements of mujtahid onwards, legal scholars adopted these
characteristics as being standard for anyone looking to practiceijtihad. In order for the reasoning of
these mujtahids to be accepted as law multiple mujtahids had to reach ijma. This allowed
for mujtahids to openly discuss their particular views and reach a conclusion together. The
interaction required by ijma allowed for mujtahids to circulate ideas and eventually merge to create
particular Islamic schools of law (madhhabs). This consolidation of mujtahids into
particular madhhabs prompted these groups to create their own distinct authoritative rules. These
laws reduced issues of legal uncertainty that had been present when multiple mujtahids were
working together with one another. However, with this introduction of common laws for
each madhhab, legal scholars began to dismiss the practice of independent ijtihad and instead
maintained the title of mujtahid only for the founders of the four main schools of Islamic law
(Hanafiyya, Malikiyya, Shafiyya, Hanbaliyya). Therefore, from the twelfth century onwards jurists
could occupy the position of a mujtahid or access ijtihad in only two cases, when distinguishing
between the manifest and the obscure views of their particular schools or when they served as
"imitators" of mujtahids, expressing the views of the more qualified mujtahids before them.
Therefore, the practice of ijtihad was restricted in favor of taqlid. These Sunni restrictions on the
power of the mujtahid and were due to historical developments and should not be accepted as terms
of the original legal theory of ijtihad.
[14]
[14]
Shi'i[edit]
The Shi'i Muslims understand the process of ijtihad as being the independent effort used to arrive at
the rulings of sharia. Following the death of the Prophet and once they had determined the Imam as
absent, ijtihad evolved into a practice of applying careful reason in order to uncover the knowledge
of what Imams would have done in particular legal situations. The decisions the Imams would have
made were explored through the application of the Qur'an, Sunnah, ijma and 'aql(reason). It was not
until the end of the eighteenth century that the title of mujtahid became associated with the
term faqih or one who is an expert in jurisprudence. From this point on religious courts began to
increase in number and the ulama were transformed by Shi'i Islamic authorities into the new
producer of ijtihad. In order to produce perceptive mujtahids that could fulfill this important role,
principles of Shi'i jurisprudence were developed to provide a foundation for scholarly deduction of
Islamic law. Shaykh Murtada Ansari and his successors developed the school of Shi'i law, dividing
the legal decisions into four categories of certainty (qat),valid conjecture (zann), doubt (shakk), and
erroneous conjecture (wahm). These rules allowed mujtahids to issue adjudications on any subject,
that could be derived through this process of ijtihad, demonstrating their great responsibility to the
Shi'i community Furthermore according to Shi'i Islamic Jurisprudence a believer of Islam is either
a Mujtahid (one that expresses their own legal reasoning, or a Muqallid (one performing Taqlid of a
Mujtahid) and a Muhtat (one who acts with precaution). Most Shi'i Muslims qualify as Muqallid, and
therefore are very dependent on the rulings of the Mujtahids. Therefore, the Mujtahids must be well
prepared to perform ijtihad, as the community of Muqallid are dependent on their rulings. Not only
did Shi'i Muslims require:
[15]
[15]
utmost piety
[16]
However, these scholars also depended on further training that could be received in religious centers
called Hawza. At these centers they taught the important subjects and technical knowledge
a mujtahid needed to be proficient in such as:
Logic
Science of narrators
Principle of Jurisprudence
Comparative Jurisprudence
[17]
Therefore, Shi'i mujtahids remain revered throughout the Shi'i Islamic world. The relationship
between the mujtahids and muqallids continues to address and solve the contemporary legal issues.
Female mujtahids[edit]
A woman can be a mujtahid and there are dozens who have attained the rank in the modern history
of Iran (for instance, Amina Bint al-Majlisi in the Safavid era,Bibi Khanum in the Qajar era, Lady
Amin in the Pahlavi era, and Zohreh Sefati during the time of the Islamic Republic). There are
diverging opinions as to whether a female mujtahid can be a marja or not. Zohreh Sefati and some
male jurists believe a female mujtahid can become a marja , -in other words, they believe that
believers perform taqlid (emulation) of a female mujtahid- but many male jurists believe a marja
must be male.
[18]
Progressive Muslims[edit]
In the modern era, liberal thinkers have emerged to re-establish and reform Islamic law and its
interpretations. These Muslims "want to recover the freedom of the mind". Progressive Muslims
have re-opened the gates of ijtihad, in order to accommodate the religion with modern society.
However, this ijtihad they have advocated is one that is quite novel. Progressive Muslims want to
"apply contemporary intellectual methods to the task of reforming Islam". This reformedijtihad and
its new ideals were put forward by progressive thinkers such as Sir Sayyid Ahmed Khan, Jamal aldin Al-Afghani, and Muhammad Abduh in response to elements of modernization. These thinkers all
wanted to reconcile Islamic traditions with the rapid pace of the modernizing world. Yet, it was truly
Al-Afghani that proposed the new ijtihad we see today. He argued that Islam could be reconciled
with modernization by utilizing the concept of ijtihad. Al-Afghani believed that ijtihadwould
enable Muslims to think critically and apply their own individual interpretations of the innovations of
[19]
[20]
[21]
[21]
modernity in the context of Islam. This new form of ijtihadwould allow Muslims to combine their
religious perspective with that of their academic or scientific thoughts.
[21]
Progressive Muslims assert that this new implementation of ijtihad should encompass elements of
both legal reasoning and "creative impulse". They believe that as the world advances, ijtihad's
creative elements should be further used and developed. This adaptation of ijtihad encourages
scholars and other leaders to take more of a role in its practice. Likewise,
Progressive Muslims assert that the closing the doors of ijithad has debilitated "intellectual growth",
thus doors must be re-opened to reinvigorate such stimulation. This re-opening must also
vindicate religion from political influence, reform Muslim education, incite the effort of the collective,
and catalyze the implementation of democracy.
[20]
[20]
[20]
One can view today how such a notion of ijtihad enables present-day Muslims to respond to the
"changing needs of Muslim societies" and utilize reason. However, while many sects
of Islam accept and support ijtihad, the majority of Muslims still remain unconvinced about the
matter. Thus, as of late, one can conclude that such groups have failed to appeal to the masses.
Yet, groups are continuing to mobilize and rally support in favor of what could be an integral and
revolutionary aspect to the Muslim religion. This revitalization of ijtihad could be crucial to the role
and status of women within the religion, differing sects, economics, and the relationships
between Muslims and non-Muslims.
[21]
[19]
[20]
Islamists[edit]
Present-day Islamists maintain differing stances on the matter of ijtihad. Islamist groups such as
the Salafis are major proponents of ijtihad. Salafis believe ijtihadmakes modern Islam more authentic
and will guide Muslims back to the Golden Age of early Islam. They criticize taqlid and
tradition. Salafis assert that such a concept has led to Islam's decline. Similarly, political groups
such as the Muslim Brotherhood trace their founding philosophies back to al-Afghani's Ijtihad.
TheMuslim Brotherhood feels that ijithad strengthens the faith of believers because they have to
better familiarize themselves with the Quran and come to their own conclusions about its teachings.
Yet, as a political group the Muslim Brotherhood faces a major paradox between ijtihad as a religious
matter versus that as a political one. Ijtihad weakens political unity and promotes pluralism. Hence,
due to this fact many oppressive regimes reject ijtihad's legitimacy.
[22]
[23]
Many Islamist regimes impose harsh restrictions on ijtihad and its modern day application. These
regimes can implement such restrictions by posing limits on individual freedoms. These institutions
are against the modification and individual interpretation of Islam to accommodate modernity. They
believe this accommodation signifies a surrendering to both westernization and secularization, which
is deemed evil. Therefore, oppressive regimes primarily emphasize and promote sharia and taqlid,
while ijtihad is regarded as "sinful". Such regimes' strive to promote the authenticity of Islam and
the exact teachings of the prophet and word of Allah. Additionally, Osama Bin
Laden supported ijtihad. He criticized the Saudi regime for disallowing the "free believer" and
imposing harsh restrictions on successful practice of Islam. Thus, Bin Laden believed his striving for
the implementation of ijtihad was his "duty" that he must achieve.
[20]
[20]
[23]
[23]
See also[edit]
Islam portal
Grand Ayatollahs
Istihsan
Biblical Hermeneutics
References[edit]
1.
Jump up^ Esposito, John. "Ijtihad". In the Islamic World: Past and Present. Oxford Islamic Studies Online.
Retrieved April 28, 2013.
2.
^ Jump up to:a b c d e Esposito, John. "Ijtihad". The Islamic World: Past and Present. Oxford Islamic Studies
Online. Retrieved April 28, 2013.
3.
Jump up^ Pascal. "The Importance of Learning the Meaning of Ijtihad". Pascal's View. Retrieved April
28, 2013.
4.
Jump up^ Hallaq, Wael (2005). The Origins and Evolution of Islamic Law. Cambridge University Press.
5.
Jump up^ Esposito, John. "Ijtihad". The Islamic World: Past and Present. Oxford Islamic Studies Online.
6.
Jump up^ Esposito, John. "Ijtihad". The Islamic World: Past and Present. Oxford Islamic Studies Online.
Retrieved April 28, 2013.
7.
Jump up^ Schacht, Joseph. An Introduction to Islamic Law. Oxford University Press. pp. 7071.
8.
^ Jump up to:a b DeLong-Bas, Natana J. (2004). Wahhabi Islam: From Revival and Reform to Global Jihad (First
ed.). Oxford University Press, USA. p. 106. ISBN 0-19-516991-3.
9.
Jump up^ Wael B. Hallaq, "On the origin of the Controversy about the Existence of Mutahids and the Gate of
Ijtihad," Studia Islamica, 63 (1986): 129
10.
Jump up^ "Mujtahid". The Oxford Dictionary of Islam. Retrieved 1 May 2013.
11.
Jump up^ El Shamsy, Ahmed. "Ijtihad bi al-Ray". The Oxford Encyclopedia of the Islamic World. Oxford Islamic
Studies Online. Retrieved 1 May 2013.
12.
Jump up^ Kamali, Mohammad Hashim (1991). Principles of Islamic Jurisprudence. Cambridge: Islamic Texts
Society. p. 389. ISBN 0946621241.
13.
Jump up^ Kamali, Mohammad Hashim (1991). Principles of Islamic Jurisprudence. Cambridge: Islamic Texts
Society. pp. 374377.
14.
^ Jump up to:a b Gesink, Indira Falk (June 2003). ""Chaos on the Earth": Subjective Truths versus Communal
Unity in Islamic Law and the Rise of Militant Islam". The American Historical Review 108 (3): 710
733. doi:10.1086/529594. Retrieved 1 May 2013.
15.
^ Jump up to:a b Momen, Moojan (1985). An Introduction to Shi'i Islam: The History and Doctrines of Twelver
Shi'ism. New Haven: Yale University Press. p. 186.
16.
Jump up^ Mutahhari, Murtada. "The Principle of Ijtihad in Islam". Retrieved 1 May 2013.
17.
Jump up^ Mutahhari, Murtada. "The Principles of Ijtihad in Islam". Retrieved 1 May 2013.
18.
Jump up^ See Mirjam Knkler and Roja Fazaeli, "The Life of Two Mujtahidas: Female Religious Authority in
20th Century Iran", in Women, Leadership and Mosques: Changes in Contemporary Islamic Authority, ed. Masooda
^ Jump up to:a b Muslim Women's Research and Action Forum (2000). The Need for Ijtihad or Intellectual
Reasoning. Colombo: Unie Arts Ltd. pp. 972.
20.
^ Jump up to:a b c d e f g "Ijtihad: Reinterpreting Islamic Principles for the 21st Century" (PDF). United States
Institute of Peace Special Report. United States Institute of Peace. Retrieved May 3, 2013.
21.
^ Jump up to:a b c d "Voices of a New Ijtihad". Center for Dialogues. NYU. Retrieved May 2, 2013.
22.
Jump up^ Ungureanu, Daniel. "Wahabism, Salafism, and the Expansion of Islamic Fundamentalist
Ideology" (PDF). Ai.I.Cuza University of Iasi. Retrieved May 2, 2013.
23.
^ Jump up to:a b c Falk Gesnik, Indira (February 5, 2013). ""Chaos on the Earth": Subjective Truths versus
Communal Unity in Islamic Law and of Militant Islam" (PDF). Oxford Journals108: 710733. doi:10.1086/529594.
Retrieved 3 May 2013. Check date values in: |year= / |date= mismatch (help)
Wael Hallaq: "Was the Gate of Ijtihad Closed?", International Journal of Middle East Studies,
16, 1 (1984), 341.
Glass, Cyril, The Concise Encyclopaedia of Islam, 2nd Edition, Stacey International,
London (1991) ISBN 0-905743-65-2
Goldziher, Ignaz (translated by A And R Hamori), Introduction to Islamic Theology and Law,
Princeton University Press, Princeton New Jersey (1981) ISBN 0-691-10099-3
Carlos Martnez, "Limiting the Power of Religion from Within: Probabilism and Ishtihad,"
in Religion and Its Other: Secular and Sacral Concepts and Practices in Interaction. Edited by
Heike Bock, Jrg Feuchter, and Michi Knecht (Frankfurt/M., Campus Verlag, 2008).
External links[edit]
Ijma
From Wikipedia, the free encyclopedia
Part of a series on Islam
Usul al-fiqh
Fiqh
Taqlid
Ijma
Madhhab
Qiyas
Urf
Bidah
Madrasah
Ijazah
Istihlal
Istihsan
Ahkam
Sawab
Halal
Fard
Mustahabb
Mubah
Makruh
Gunah
Haram
Batil
Fasiq
Theological titles
Ulama
Faqh
Grand Mufti
Hafiz
Hujja
Hakim
Imam
Khatib
Marja'
Mawln
Mawlawi
Mufassir
Mufti
Muhaddith
Mujaddid
Mujtahid
Qadi
Sheikh
Shaykh al-Islam
Ustad
Ijm ( )is an Arabic term referring to the consensus or agreement of the Muslim community
basically on religious issues. Various schools of thought within Islamic jurisprudence may define this
consensus to be that of the first generation of Muslims only; or the consensus of the first three
generations of Muslims; or the consensus of the jurists and scholars of the Muslim world, or
scholarly consensus; or the consensus of all the Muslim world, both scholars and laymen.
Contents
[hide]
1 Usage
o
2 See also
3 References
4 External links
Usage[edit]
Sunni view[edit]
The hadith of Muhammad which states that if that "My ummah will never agree upon an error" is
often cited as a proof for the validity of ijm'. Sunni Muslims regard ijm' as the third fundamental
source of Sharia law, just after the divine revelation of the Qur'an, and the prophetic practice known
as Sunnah. While there are differing views over who is considered a part of this consensus, the
majority view is split between two possibilities: that religiously binding consensus is the consensus of
the entire Muslim community, or that religiously binding consensus is just the consensus of the
religiously learned. The names of two kinds of consensus are:
[1]
[2]
[3]
Malik ibn Anas held the view that the religiously binding consensus was only the consensus of
Muhammad's companions and the direct successors of those companions in the city of Medina.
[4]
According to Iraqi academic Majid Khadduri, Al-Shafi'i held the view that religiously binding
consensus had to include all of the Muslim community in every part of the world, both the religiously
learned and the layman. Thus, if even one individual out of millions would hold a differing view,
then consensus would not have been reached. In an attempt to define consensus in a form which
was more likely to ever occur, Al-Ghazali expanding on al-Shafi'i's definition to define consensus as
including all of the Muslim community in regard to religious principles and restricting the meaning to
only the religiously learned in regard to finer details.
[5][6]
[7]
Abu Hanifa, Ahmad bin Hanbal and Dawud al-Zahiri, on the other hand, considered this consensus
to only include the companions of Muhammad, excluding all generations which followed them, in
Medina and elsewhere.
[8][9]
Views within Sunni Islam branched off even further in later generations, with Muhammad ibn
Zakariya al-Razi defining even a simple majority view as constituting consensus and Ibn
Taymiyyah restricting consensus to the view of the religiously learned only. Muhammad ibn Jarir alTabari's position was not entirely clear, as modern scholarship has attributed to him both the view
that consensus means a simple majority, and that it means only the consensus of the companions
of Muhammad.
[9]
[9]
[10]
Shia view[edit]
Initially, for Shia the authority of the Imams rendered the consensus as irrelevant. With the
development of sectarian communities of Imami Sha Islam, the question of guidance and
interpretation between different ulamas became an issue, however the importance of ijm never
reached the level and certainty it had in Sunni Islam. Later, since Safavid and with the establishment
of Usuli school at the turn the 19th century the authority of living mujtahid is accepted, however it
dies with him. For Shia, the status of ijm is ambiguous.
[11]
Mu'tazilite view[edit]
The ancient Mu'tazilite sect did not consider consensus to be a valid source of law, primarily due to
their rationalist criticism of the first generation of Muslims, whom the Mu'tazila viewed as possessing
defective personalities and intellects. Shi'ite theoligans Al-Shaykh Al-Mufid and Sharif alMurtaza held the Mu'tazilite theologian Nazzam's book Kitab al-Nakth in which his student AlJahiz reports that he denied the validity of consensus for this reason in high esteem. Modern
scholarship has suggested that this interest was motivated by the desire of Shi'ite theoligans to
impugn the character of the first three leaders of the Rashidun Caliphate, Abu
Bakr, Umar and Uthman.
[12]
[13]
[12]
See also[edit]
Islamic democracy
Deliberative democracy
Precedent
Qiyas
Ijtihad
Ulema
Usul al-fiqh
Ashab al-Ijma'
References[edit]
1.
Jump up^ Narrated by al-Tirmidhi (4:2167), ibn Majah (2:1303), Abu Dawood, and others with slightly different
wordings.
2.
Jump up^ Ahmad Hasan, "The Doctrine of Ijma': A Study of the Juridical Principle of Consensus," New Delhi,
India: Kitab Bhaban, 2003, pg.81
3.
Jump up^ Corinna Standke (30 August 2008). Sharia - The Islamic Law. GRIN Verlag. pp. 45. ISBN 978-3640-14967-4. Retrieved 9 June 2012.
4.
Jump up^ Muhammad Muslehuddin, "Philosophy of Islamic Law and Orientalists," Kazi Publications, 1985, p.
146
5.
6.
7.
8.
Jump up^ Muhammad Muslehuddin, "Philosophy of Islamic Law and Orientalists," Kazi Publications, 1985, p.
81
9.
^ Jump up to:a b c Dr. Mohammad Omar Farooq, "The Doctrine of Ijma: Is there a consensus?," June 2006
10.
Jump up^ Devin J. Stewart, "Muhammad b. Jarir al-Tabari's al-Bayan 'an Usul al-Ahkam and the Genre of Usul
al-Fiqh in Ninth Century Baghdad," pg. 339. Taken from Abbasid Studies: Occasional Papers of the School of Abbasid
Studies, Cambridge, 6-10 January 2002. Edited by James Montgomery. Leuven: Peeters Publishers and the Department
of Oriental Studies, 2004.
11.
Jump up^ Sami Zubaida (8 July 2005). Law And Power In The Islamic World. I.B.Tauris. p. 14. ISBN 978-185043-934-9. Retrieved 9 June 2012.
12.
^ Jump up to:a b Devin Stewart, "Muhammad b. Dawud al-Zahiri's Manual of Jurisprudence." Taken from Studies
in Islamic Law and Society Volume 15: Studies in Islamic Legal Theory. Edited by Bernard G. Weiss. Pg. 107. Leiden:
2002. Brill Publishers.
13.
Jump up^ Josef van Ess, Das Kitab al-nakt des Nazzam und seine Rezeption im Kitab al-Futya des Gahiz.
Gottingen: Vandenhoeck & Reprecht, 1971.
Madhhab
From Wikipedia, the free encyclopedia
Part of a series on Islam
Usul al-fiqh
Fiqh
Taqlid
Ijma
Madhhab
Qiyas
Urf
Bidah
Madrasah
Ijazah
Istihlal
Istihsan
Ahkam
Sawab
Halal
Fard
Mustahabb
Mubah
Makruh
Gunah
Haram
Batil
Fasiq
Theological titles
Ulama
Faqh
Grand Mufti
Hafiz
Hujja
Hakim
Imam
Khatib
Marja'
Mawln
Mawlawi
Mufassir
Mufti
Muhaddith
Mujaddid
Mujtahid
Qadi
Sheikh
Shaykh al-Islam
Ustad
[2]
The theological schools (Kalam) formed at the same time and in the similar way. The main
theological schools are three major Sunni schools (Mu'tazili, Ash'ari and Maturidi) and three major
Shia schools (Imamiyyah, Ism'l andZaidi), along with several minor schools.
Contents
[hide]
1 Development
3 Established schools
3.1 Amman Message
4 See also
5 Footnotes
6 Further reading
Development
It has been asserted that madhhab were consolidated in the 9th and 10th centuries as a means of
excluding dogmatic theologians, government officials and non-Sunni sects from religious discourse.
Historians have differed regarding the times at which the various schools emerged. One
interpretation is that Sunni Islam was initially
split into four groups:
the Hanafites, Malikites, Shafi'ites and Zahirites. Later, the Hanbalites and Jarirites developed two
more schools; then various dynasties effected the eventual exclusion of the Jarirites; eventually, the
Zahirites were also excluded when the Mamluk Sultanate established a total of four
independent judicial positions, thus solidifying the Maliki, Hanafi, Shafi'i and Hanbali schools. The
Ottoman Empire later reaffirmed the official status of these four schools as a reaction to Shi'ite
Persia. Some are of the view that Sunni jurisprudence falls into two groups: Ahl al-Ra'i ("people of
[3]
[when?]
[4]
[5]
[3]
[6]
opinions", emphasizing scholarly judgment and reason) and Ahl al-Hadith ("people of traditions",
emphasizing strict interpretation of scripture).
[7]
10th century Shi'ite scholar Ibn al-Nadim named eight groups: Maliki, Hanafi, Shafi'i, Zahiri, Imami
Shi'ite, Ahl al-Hadith, Jariri and Kharijite. In the 12th century Jariri and Zahiri schools were
absorbed by the Shafi'i school. Ibn Khaldun defined only three Sunni madhhahib: Hanafi, Zahiri,
and one encompassing the Shafi'i, Maliki and Hanbali schools as existing initially,
noting that by
the 14th century historian the Zahiri school had become extinct,
only for it to be revived again in
parts of the Muslim world by the mid-20th century.
[5][8]
[9]
[10][11]
[12][13]
[14][15][16]
Historically, the fiqh schools were often in violent conflict with one another, vying for favor with the
ruling government in order to have their representatives appointed to legislative and especially
judiciary positions. Geographer and historian Al-Muqaddasi once satirically categorized
competing madhhahib with contrasting personal qualities: Hanafites, highly conscious of being hired
for official positions, appeared deft, well-informed, devout and prudent; Malikites, dull and obtuse,
confined themselves to observance of prophetic tradition; Shafi'ites were shrewd, impatient,
understanding and quick-tempered; Zahirites haughty, irritable, loquacious and well-to-do; Shi'ites,
entrenched and intractable in old rancor, enjoyed riches and fame; and Hanbalites, anxious to
practice what they preached, were charitable and inspiring. While such descriptions were almost
assuredly humorous in nature, ancient differences were less to do with actual doctrinal opinions than
with maneuvering for adherents and influence.
[6]
[17]
[citation needed]
It is usually assumed that no regional school developed in Egypt (unlike in Syria, Iraq and the Hijaz).
Joseph Schacht states that the legal milieu of Fustat (ancient Cairo) was a branch of the Medinan
school of law. Regarding judicial practices, the qadis (judges) of Fustat resorted to the procedure
called "al-yamin ma'a l-shahid", that is, the ability of the judge to base his verdict on one single
witness and the oath of the claimant, instead of two witnesses as was usually required. Such a
procedure was quite common under the early Umayyads, but by the early Abbasid period it had
disappeared in Iraq and it was now regarded as the 'amal ("good practice") of Medina. Up until the
end of the 8th century, the qadis of Fustat were still using this "Medinan" procedure and
differentiated themselves from Iraqi practices. From a doctrinal point of view, however, the legal
affiliation of Egypt could be more complex. The principal Egyptian jurist in the second half of the 8th
century is al-Layth b. Sa'd. The only writing of his that has survived is a letter he wrote to Malik b.
Anas, which has been preserved by Yahya b. Ma'in and al-Fasawi. In this letter, he proclaims his
theoretical affiliation to the Medinan methodology and recognizes the value of the ' amal.
Nevertheless, he distances himself from the Medinan School by opposing a series of Medinan legal
views. He maintains that the common practice in other cities is also valuable, and thus implicitly
defends the Egyptians adherence to their own local tradition. Thus it is possible that, even though it
did not develop into a formal school of law, a specific Egyptian legal milieu was distinct of the
Medinan School in the 8th century.
[18]
[19]
[20]
Established schools
Generally, Sunnis have a single preferred madhhab from region to region, but also believe
that ijtihad must be exercised by the contemporary scholars capable of doing so. Most rely on taqlid,
or acceptance of religious rulings and epistemology from a higher religious authority in deferring
meanings of analysis and derivation of legal practices instead of relying on subjective readings.
[21][22]
Experts and scholars of fiqh follow the usul (principles) of their own native madhhab, but they also
study theusul, evidences, and opinions of other madhhahib.
Amman Message
Main article: Amman Message
In the modern era, Sadiq al-Mahdi, the former Prime Minister of Sudan, defined the recognized
schools of Muslim jurisprudence as eight specific schools. The Amman Message, a three-point
ruling issued by 200 Islamic scholars from over 50 countries, officially recognizes those eight legal
schools of thought.
[23]
[24]
1. Hanafi (Sunni)
2. Maliki (Sunni)
3. Shafi'i (Sunni)
4. Hanbali (Sunni)
5. Ja'fari (Shia) (including Mustaali-Taiyabi Ismaili)
6. Zaidi (Shia)
7. Ibadi
8. Zahiri
See also
Fiqh
Footnotes
1.
Jump up^ Abou El Fadl, Khaled (22 March 2011). "What is Shari'a?". ABC RELIGION AND ETHICS.
Retrieved 20 June 2015.
2.
3.
4.
Jump up^ Mohammad Sharif Khan and Mohammad Anwar Saleem, Muslim Philosophy And Philosophers, pg.
34. New Delhi: Ashish Publishing House, 1994.
5.
^ Jump up to:a b Christopher Melchert, The Formation of the Sunni Schools of Law: 9th-10th Centuries C.E., pg.
178. Leiden: Brill Publishers, 1997.
6.
^ Jump up to:a b Chibli Mallat, Introduction to Middle Eastern Law, pg. 116. Oxford: Oxford University Press,
2007. ISBN 978-0-19-923049-5
7.
Jump up^ Murtada Mutahhari, The Role of Ijtihad in Legislation, Al-Tawhid volume IV, No.2, Publisher: Islamic
Thought Foundation
8.
Jump up^ Devin J. Stewart, THE STRUCTURE OF THE FIHRIST: IBN AL-NADIM AS HISTORIAN OF
ISLAMIC LEGAL AND THEOLOGICAL SCHOOLS, International Journal of Middle East Studies, v.39, pg.369387, Cambridge University Press, 2007
9.
Jump up^ Crone, Patricia (2013). The Princeton Encyclopedia of Islamic Political Thought. Princeton University
Press. p. 498. Retrieved 13 May 2015.
10.
Jump up^ Ignc Goldziher, The Zahiris, pg. 5. Trns. Wolfgang Behn, intro. Camilla Adang. Volume three of Brill
Classics in Islam. Leiden: Brill Publishers, 2008. ISBN 9789004162419
11.
Jump up^ Meinhaj Hussain, A New Medina, The Legal System, Grande Strategy, January 5th, 2012
12.
Jump up^ Wolfgang, Behn (1999). The Zahiris. BRILL. p. 178. Retrieved 11 May 2015.
13.
Jump up^ Berkey, Jonathon (2003). The Formation of Islam. Cambrdige University Press. p. 216. Retrieved 11
May 2015.
14.
Jump up^ Daniel W. Brown, Rethinking Tradition in Modern Islamic Thought: Vol. 5 of Cambridge Middle East
Studies, pgs. 28 and 32. Cambridge: Cambridge University Press, 1996.ISBN 9780521653947
15.
Jump up^ M. Mahmood, The Code of Muslim Family Laws, pg. 37. Pakistan Law Times Publications, 2006. 6th
ed.
16.
Jump up^ Hassan Ahmed Ibrahim, "An Overview of al-Sadiq al-Madhi's Islamic Discourse." Taken from The
Blackwell Companion to Contemporary Islamic Thought, pg. 172. Ed. Ibrahim Abu-Rabi'. Hoboken: Wiley-Blackwell,
2008. ISBN 9781405178488
17.
Jump up^ Louis Massignon, The Passion of al-Hallaj: Mystic and Martyr of Islam. Trans. Herbert W. Mason.
Pg. 130. Princeton: Princeton University Press, 1994.
18.
Jump up^ J. Schacht, The Origins of Muhammadan Jurisprudence (Oxford: Clarendon Press, 1950), p. 9
19.
Jump up^ R.G. Khoury, "Al-Layth Ibn Sa'd (94/713-175/791), grand matre et mcne de lEgypte, vu travers
quelques documents islamiques anciens", Journal of Near Eastern Studies40, 1981, p. 189202
20.
Jump up^ Mathieu Tillier, "Les premiers cadis de Fust t et les dynamiques rgionales de linnovation
judiciaire (750-833)", Annales Islamologiques, 45 (2011), p. 214218
21.
22.
Jump up^ On Islam, Muslims and the 500 most influential figures
23.
Jump up^ Hassan Ahmed Ibrahim, "An Overview of al-Sadiq al-Madhi's Islamic Discourse." Taken from The
Blackwell Companion to Contemporary Islamic Thought, p. 172. Ed. Ibrahim Abu-Rabi'. Hoboken: Wiley-Blackwell,
2008. ISBN 978-1-4051-7848-8
24.
Ja'fari jurisprudence
From Wikipedia, the free encyclopedia
[show]
Twelvers
[show]
Part of a series on
Shia Islam
This is a sub-article to Islamic jurisprudence and Twelvers.
Jafar school of thought, Ja`farite School, Jafar jurisprudence or Jafar Fiqh
is the
school ofjurisprudence of most Shi'a Muslims, derived from the name of Jafar as-Sdiq, the
6th Shi'a Imam. This school of jurisprudence is followed by Twelvers, Alevis and Ismailis in
general, as well as a small minority of Zaidis.
[note A]
It differs from the four or sometimes Five Schools or madhhabs of Sunni jurisprudence in its
reliance on ijtihad, as well as on matters of inheritance, religious taxes, commerce, personal
status and the allowing of temporary marriage ormuta. However, despite these differences,
there have been numerous fatwas regarding the acceptance of Jafarfiqh as an acceptable
Muslim madhhab by Sunni religious bodies. These include the Amman Message and a fatwa by
Al-Azhar. In the modern era, former Prime Minister of Sudan Sadiq al-Mahdi defined the
recognized schools of Muslim jurisprudence as eight, Ja'fari was one of them.
[1]
[2]
Contents
[hide]
1 Branches
o
1.1 Usuli
1.2 Akhbari
2 Sub-articles
o
3 See also
4 Notes
5 References
6 External links
Branches[edit]
Usuli[edit]
Main article: Usuli
This school of thought utilizes ijtihad by adopting reasoned argumentation in finding the laws of
Islam. Usulis emphasize the role of Mujtahid who was capable of independently interpreting the
sacred sources as an intermediary of the Hidden Imam and thus serve as a guide to the
community. This meant that legal interpretations were kept flexible to take account of changing
conditions and the dynamics of the times. This school of thought is predominant among most of
Shi'a.
as
[3]
Ayatollah Ruhollah Khomeini emphasized that Ja'fari jurisprudence is configured based on the
recognition that epistemology is influenced by subjectivity. Accordingly, Ja'fari jurisprudence
asserts Conventional Fiqh (objective) and Dynamic Fiqh (subjective). Through Dynamic Fiqh,
discussed in the famous text byJavaher-al-Kalem (Arabic: ) , one must consider the
concept of time, era, and age (Arabic: )as well as the concept of place, location and venue
(Arabic: )since these dimensions of thought and reality affect the process of interpreting,
understanding and extracting meaning from the commandments.
[4]
Akhbari[edit]
Main article: Akhbari
This school of thought takes a restrictive approach to ijtihad. This school has almost died out
now since very few followers are currently left. Although, some neo-Akhbaris have emerged in
the Indian subcontinent but they do not belong to the old Akhbari movement of Nahrain.
[3]
Sub-articles[edit]
Non-controversial fields[edit]
Controversial fields[edit]
These are the fields of the Ja'fari jurisprudence that are controversial among Muslims.
Bada'
Nikah Mut'ah
Taqiya
Wilayah al Faqih
[citation needed]
See also[edit]
Hanafi
Hanbali
Maliki
Shafi'i
Notes[edit]
2.
Jump up^ Hassan Ahmed Ibrahim, "An Overview of al-Sadiq al-Madhi's Islamic Discourse." Taken from The
Blackwell Companion to Contemporary Islamic Thought, pg. 172. Ed. Ibrahim Abu-Rabi'. Hoboken: Wiley-Blackwell,
2008. ISBN 9781405178488
3.
4.
Jump up^
References[edit]
McLean, Iain; Alistair McMillan (eds.) (2003). The Oxford Concise Dictionary of Politics (2nd
ed.). Oxford; New York: Oxford University Press. ISBN 0-19-280276-3. OCLC 464816415.
External links[edit]
"Jafari: Shii Legal Thought and Jurisprudence" from Oxford Islamic Studies Online
Qiyas
From Wikipedia, the free encyclopedia
Part of a series on Islam
Usul al-fiqh
Fiqh
Taqlid
Ijma
Madhhab
Qiyas
Urf
Bidah
Madrasah
Ijazah
Istihlal
Istihsan
Ahkam
Sawab
Halal
Fard
Mustahabb
Mubah
Makruh
Gunah
Haram
Batil
Fasiq
Theological titles
Ulama
Faqh
Grand Mufti
Hafiz
Hujja
Hakim
Imam
Khatib
Marja'
Mawln
Mawlawi
Mufassir
Mufti
Muhaddith
Mujaddid
Mujtahid
Qadi
Sheikh
Shaykh al-Islam
Ustad
In Islamic jurisprudence, qiys (Arabic: )is the process of deductive analogy in which the
teachings of the Hadithare compared and contrasted with those of the Qur'an, in order to apply a
known injunction (nass) to a new circumstance and create a new injunction. Here the ruling of
the Sunnah and the Qur'an may be used as a means to solve or provide a response to a new
problem that may arise. This, however, is only the case providing that the setprecedent or paradigm
and the new problem that has come about will share operative causes (
, illah). The illah is the
specific set of circumstances that trigger a certain law into action.
Contents
[hide]
1 Sunni interpretations
o
2 Shia interpretations
o
3 Mu'tazilite interpretations
4 Historical debate
5 References
6 External links
Sunni interpretations[edit]
Late and modern Sunni jurisprudence regards analogical reason as a fourth source of Islamic law,
following the Qur'an, prophetic tradition and binding consensus. While Muslim scholarship in the
later period traditionally claimed that analogy had existed in Islamic law since their religion's
inception, modern scholarship generally points to Muslim scholar Abu Hanifa as the first to
incorporate analogical reason as a source of law.
Since its inception, analogical reason has
been the subject of extensive study in regard to both its proper place in Islamic law and its proper
application.
[1]
[2][3][4][5][6][7][8][9]
[11]
Opposition to qiyas came from a number of angles. Professor Wald b. Ibrhm al-`Ujaj Imam
Muhammad ibn Saud Islamic University explains the opposition to qiyas as coming from multiple
angles:
[1]
Some of them argued that qiys is contrary to reason. One argument given in this light was
that: Delving into this method is intellectually repugnant in its own right. Another argument
was: Islamic legal rulings are based on human well-being, and no one knows human wellbeing except the One who gave us the sacred law. Therefore, the only way we can know the
sacred law is from the revelation. Other scholars said that qiys is not contrary to reason,
but prohibited by the sacred law itself.
Early support for the validity of analogical reason in jurisprudence came from Abu Hanifa and his
student Abu Yusuf. Al-Shafi'i was a proponent of analogical reasoning as well, though his
usage was less frequent than that of Abu Hanifa.
[10]
[4]
Acceptance of analogical reason gradually increased within the Muslim world. With the Malikite
and Hanbalite schools eventually granting full acceptance as the Hanafites and Shafi'ites
already had done, the overwhelming majority of Sunni jurists from the late period onward
affirmed its validity. Japanese scholar of IslamKojiro Nakamura defined the orthodox Sunni
schools in regard to their eventual acceptance of analogy in descending order of that
acceptance: Hanafis, Malikis, Shafi'is, Hanbalis and Zahiris. Much work was performed on the
details of proper analogy, with major figures such as Al-Qastallani, Al-Baqillani, AlJuwayni and al-Amidi from the Shafi'ite school and Ibn Abidin from the Hanafite school providing
rules and guidelines still used to this day.
[6]
[9]
Shia interpretations[edit]
Not unlike the Sunni Hanbalis and Zahiris, the Shia rejected both pure reason and analogical
reason completely on account of the multitude of perspectives that would arise from it, viewing
both methods as subjective. There are various instances in which the Qur'an disapproves of a
divergence of beliefs such as the following:
[4]
And obey Allah and His Messenger; and fall into no disputes, lest ye lose heart and your
power depart; and be patient and persevering: For Allah is with those who patiently
persevere:
Sura 8 (Al-Anfal), ayah 46
[12]
Twelver Shia[edit]
Within the Twelver Shii legal tradition, the fourth source for deriving legal principles is not qiys
but rather the intellect 'Aql. Twelver Shia regard the ulama(scholars) as authorities in legal and
religious matters during the Occultation (ghayba) of the Imamah Mahdi. Until the return of
the hidden Imam, it is the responsibility of the ulma to be his deputies and provide guidance on
worldly matters. In modern interpretations of Twelver Shiism, the most revered and learned
scholars are styled as references for emulation (marja taqld). This system of deriving legal
principles effectively replaces both the Sunni notion of consensus (ijm)and deductive
analogy (qiys)
[13]
Accordingly, in the chapter on Knowledge of the Twelver collection of prophetic traditions, Kitab
al-Kafi, one finds many traditions cited from the Imams that forbid the use of qiys, for example:
The Imam (a.s.) said, "My father narrated from my great-great-great-great grandfather,
the holy Prophet (s.a.) who said, Those who act on the basis of analogy will face their
destruction and lead others to their destruction. Those who give fatwas without the
knowledge of the abrogating and the abrogated, the clear text and that which requires
interpretation, they will face destruction and lead others to their destruction."
[14]
Ismaili Shia[edit]
Among the most notable Ismaili thinkers, Bu Ishaq Quhistani regarded the notion of subjective
opinion (qiys) as completely contradictory to the Islamic notion oftawhd (unity) as it ultimately
gave rise to a countless divergent conclusions, besides which those who exercised deductive
analogy relied on little more than their imperfect individual intellects. According to Bu Ishaq,
there must be a supreme intellect in every age, just as Muhammad was in his time. Without this,
it would be impossible for any ordinary individual to attain knowledge of the Divine using mere
speculation. The supreme intellect, he reasoned, could be none other than theImam of the age.
[15]
Bu Ishaq Quhistani referred to the Qur'anic tale of Adam and Eve to support his argument for the
necessity of a perfect teacher who could provide spiritual edification (talm) in place of what he
felt were subjective whims and wayward personal opinions (ray). Commenting on the Qur'anic
foundational narrative, Bu Ishaq explains that when God taught Adam the names of all things,
Adam was commanded to teach the angels, as in sura 2 (Al-Baqara), ayah 33. Spiritual
instruction therefore had its root in the Qur'an itself, however Satan, in his arrogance, refused to
bow down before Adam. Instead he protested, "I am better than he. You created me from fire
and him from clay." Thus the first to use deductive analogy was none other than Satan himself,
by reasoning and challenging the command of God to prostrate. It was for this reason that Satan
was punished for eternity and fell from favor until the final day. In Ismaili thought, therefore, the
truth lay not in subjective opinion (ray) and analogy (qiys), but rather in the teaching of the
bearer of truth (muhiqq), that is, the Imam of the time. The supreme teacher therefore exists at
all times for the imperfect human intellects to submit (taslm) to, as is proclaimed in the divine
dictate:
[16]
[17]
This day have I perfected your religion for you, completed My favour upon you, and have
chosen for you Islam as your religion.
Sura 5 (Al-Ma'ida), ayah 3
[18]
Mu'tazilite interpretations[edit]
The neutrality of this section is disputed. Relevant discussion may be found on the talk page. Please do not
remove this message until the dispute is resolved. (September 2014)
Primarily being a school of theology and not jurisprudence, the Mu'tazila generally did not hold
independent positions on such issues. The majority of the Mu'tazila, despite being a distinct sect
from both Sunni and Shi'ite Islam, still preferred the juristic school of Abu Hanifa, with a minority
following Al-Shafi'i's views. This resulted in the odd combination of being Mu'tazilite in creed but
Sunni in jurisprudence, and consequently most of the Mu'tazila accepted analogical reason in
addition to pure reason.
[19]
Mu'tazilite scholar Abu'l Husayn al-Basri, a major contributor to early Muslim jurisprudence, said
that in order for a jurist to perform analogical reason, they must possess a thorough knowledge
of the rules and procedures for which allows the application of revealed law to an unprecedented
case, in addition to basic knowledge of the Qur'an and prophetic tradition.
Not all of the Mu'tazila followed Sunni jurisprudence. Al-Nazzam in particular denied the validity
of analogical reason wholesale, preferring to rely on pure reason instead.
Historical debate[edit]
Before the Middle Ages there was a logical debate among Islamic
logicians, philosophers and theologians over whether the term qiyas refers to analogical
reasoning, inductive reasoning or categorical syllogism. Some Islamic scholars argued
that qiyas refers to inductive reasoning, which Ibn Hazm (994-1064) disagreed with, arguing
that qiyas does not refer to inductive reasoning, but refers to categorical syllogism in
a real sense and analogical reasoning in ametaphorical sense. On the other hand, alGhazali (10581111) (and in modern times, Abu Muhammad Asem al-Maqdisi) argued
that qiyas refers to analogical reasoning in a real sense and categorical syllogism in a
metaphorical sense. Other Islamic scholars at the time, however, argued that the
term qiyas refers to both analogical reasoning and categorical syllogism in a real sense.
[20]
References[edit]
1.
^ Jump up to:a b Wald b. Ibrhm al-`Ujaj, Qiyas in Islamic Law A Brief Introduction, Alfalah Consulting,
FRIDAY, 29 APRIL 2011
2.
Jump up^ Reuben Levy, Introduction to the Sociology of Islam, pg. 236-237. London: Williams and Norgate,
1931-1933.
3.
Jump up^ Chiragh Ali, The Proposed Political, Legal and Social Reforms. Taken from Modernist Islam 18401940: A Sourcebook, pg. 280. Edited by Charles Kurzman.New York City: Oxford University Press, 2002.
4.
^ Jump up to:a b c d Mansoor Moaddel, Islamic Modernism, Nationalism, and Fundamentalism: Episode and
Discourse, pg. 32. Chicago: University of Chicago Press, 2005.
5.
Jump up^ Keith Hodkinson, Muslim Family Law: A Sourcebook, pg. 39. Beckenham: Croom Helm Ltd.,
Provident House, 1984.
6.
^ Jump up to:a b Understanding Islamic Law: From Classical to Contemporary, edited by Hisham Ramadan, pg.
18. Lanham, Maryland: Rowman & Littlefield, 2006.
7.
Jump up^ Christopher Roederrer and Darrel Moellendorf, Jurisprudence, pg. 471. Lansdowne: Juta and
Company Ltd., 2007.
8.
Jump up^ Nicolas Aghnides, Islamic Theories of Finance, pg. 69. New Jersey: Gorgias Press LLC, 2005.
9.
^ Jump up to:a b Kojiro Nakamura, "Ibn Mada's Criticism of Arab Grammarians." Orient, v. 10, pgs. 89-113. 1974
10.
11.
12.
13.
14.
15.
Jump up^ Bernard G. Weiss, The Search for God's Law: Islamic Jurisprudence in the Writings of Sayf al-Din
al-Amidi, pg. 633. Salt Lake City: University of Utah Press, 1992.
Jump up^ Quran 8:46
Jump up^ Elhadj, Elie. The Islamic Shield: Arab Resistance to Democratic and Religious Reforms (Boca
Raton: Brown Walker Press), 2007, p.48.
Jump up^ Prohibition on Speaking without Knowledge
Jump up^ Shafique Virani. The Ismailis in the Middle Ages: A History of Survival, A Search for Salvation (New
York: Oxford University Press), 2007, p.149.
16.
17.
18.
19.
Jump up^ Joseph A. Kechichian, A mind of his own. Gulf News: 21:30 December 20, 2012.
20.
Jump up^ Wael Hallaq (1993), Ibn Taymiyya Against the Greek Logicians, p. 48. Oxford University Press, ISBN
0-19-824043-0.
Bidah
From Wikipedia, the free encyclopedia
This article is about the Arabic term. For the city, see Bida, Nigeria.
Some or all of this article's listed sources may not be reliable. Please help this article by looking for better, more
reliable sources, or by checking whether the references meet the criteria for reliable sources. Unreliable citations
may be challenged or deleted. (August 2012)
Part of a series on Islam
Usul al-fiqh
Fiqh
Taqlid
Ijma
Madhhab
Qiyas
Urf
Bidah
Madrasah
Ijazah
Istihlal
Istihsan
Ahkam
Sawab
Halal
Fard
Mustahabb
Mubah
Makruh
Gunah
Haram
Batil
Fasiq
Theological titles
Ulama
Faqh
Grand Mufti
Hafiz
Hujja
Hakim
Imam
Khatib
Marja'
Mawln
Mawlawi
Mufassir
Mufti
Muhaddith
Mujaddid
Mujtahid
Qadi
Sheikh
Shaykh al-Islam
Ustad
In Islam, Bidah (Arabic: )refers to any innovations in religious matters. Linguistically the term
means "innovation, novelty, heretical doctrine, heresy". In contrast to the English term "innovation",
the word bid'ah in Arabic generally carries a negative connotation, but it can also have positive
implications. It has also been used in classical Arabic literature (adab) as a form of praise for
outstanding compositions of prose and poetry.
[1]
[2]
One tradition holds that the Prophet of Islam told a companion to "Avoid novelties, for every novelty
is an innovation, and every innovation is an error."
[3][4]
Contents
[hide]
3 References
4 Further reading
5 External links
o
Islam Question and Answer (supervised by Muhammad Saalih al-Munajjid), defines bid'ah as
"anything that is not referred to specifically in Shariah, and for which there is no evidence (daleel) in
the Qur'an or Sunnah, and which was not known at the time of the Prophet ... and his
Companions." It further elaborates that bid'ah suggests that Islam is not complete and perfect, has
room for improvement or is otherwise lacking in some way.<ref=name=IQABH/>
[6]
Scholars (most prominent of which is Imam Shafi) generally have divided bid'ah into two types:
innovations in worldly matters and innovations in religious matters. Some have additionally divided
bid'ah into lawful and unlawful innovations, the details of which are discussed below.
[7]
[8]
Introducing and acting upon a bidah in religious matters is a sin and considered one of
the enormities in Islam that is obligatory to immediately desist and repent from.
[9]
In worldly matters[edit]
Some Sunni Muslim scholars have divided bidah in worldly matters into two types:
[7]
[10]
2. Innovations that are purely evil - these are forbidden under Islamic law. Examples of this type
of bid'ah include alcohol, or, in modern times, the discovery and synthesis of
new intoxicants.
[11]
In religious matters[edit]
Traditional view[edit]
Religious innovation means inventing a new way of worshipping God that was not originally included
in the message revealed to and propagated by Muhammad, and that opposes established forms.
There is much criticism of bid'ah in the Quran
and Sunnah, according to Sunni Islam.
[citation needed]
Ali ibn Abu Talib, of the Rashidun (rightly guided Caliphs), said; "He who innovates or gives
protection to an innovator, there is a curse of Allah and that of Hisangels and that of the whole
humanity upon him."
`Abd Allah ibn `Umar said: "Every innovation is misguidance, even if the
people see it as something good. "
[12][13]
[14]
Abd Allah ibn Abbas, a companion of the Prophet and early Islamic scholar also said: "Indeed the
most detestable of things to Allaah are the innovations." Sufyan Al-Thawri, a a tabi'i Islamic
scholar, Hafiz and jurist, mentions: "Innovation is more beloved to Iblees than sin, since a sin may
be repented for but innovation is not repented for ". He also said, "Whoever listens to an innovator
has left the protection of Allaah and is entrusted with the innovation ".
[15]
[16]
[17]
Salafi source provide many condemnations of bid'ah. Al-Fudayl ibn Iyd is reputed to have said: "I
met the best of people, all of them Salafi and they used to forbid from accompanying the people of
innovation ". Hasan al-Basri mentions: "Do not sit with the people of innovation and desires, nor
argue with them, nor listen to them". Ibraaheem ibn Maysarah mentions: "Whoever honours an
innovator has aided in the destruction of Islam."
[18][19]
[20]
[21]
Al-Hasan ibn 'Ali al-Barbahari mentions: "The innovators are like scorpions. They bury their heads
and bodies in the sand and leave their tails out. When they get the chance they sting; the same with
the innovators who conceal themselves amongst the people, when they are able, they do what they
desire." Abu Haatim said: "A sign of the people of innovation is their battling against the people of
Narrations." Abu 'Uthmaan as-Saaboonee said: "The signs of the people of innovation are clear
and obvious. The most apparent of their signs is their severe enmity for those who carry the reports
of the Prophet." Muhammad ibn al Uthaymeen, a prominent modern-day scholar, wrote: "And there
is no such thing in Islam as bidah hasanah (good innovation)."
[22]
[23]
[24]
[25]
When a religious innovation is implemented, it is generally felt that the innovator is assuming that
the Sunnah is not good enough, that he must resort to something "better." Even though this
statement would be an admission of disbelief - there are some innovations that contain shirk and
there are some which allow someone to remain a Muslim, while his action is rejected (regardless of
any sincerity it might have had).
[who?]
[26]
[27]
Modern discourse[edit]
The criterion that qualifies a particular action as a bid`ah in the religion is a debate amongst Sunni
scholars. There are some who argue for a definition that entails anything not specifically performed
or confirmed by Muhammad. Arguing for this position, Muhammad ibn Salih al-Munajjid, a famous
Saudi Arabia scholar declares:
[H]ow can there be any such thing as bidah hasanah (good innovation) when the Prophet (peace
and blessings of Allaah be upon him) said: Every bidah is a going astray and every going astray is
in Hell-fire. So, if anyone says that there is such a thing as bidah hasanah, he can only be insisting
on going against the Messenger of Allaah (peace and blessings of Allaah be upon him).... It
(referring to a spontaneous form of dhikr in the prayer by a Companion recorded in the hadith
literature) was not even considered to have been a correct action until after the Prophet (peace and
blessings of Allaah be upon him) had approved it, and not before. But how on earth could this
innovator obtain the approval of the Prophet (peace and blessings of Allaah be upon him) after he
has passed away?"
Muhammad ibn Salih al-Munajjid, Islam-QA: "There is no such thing as bid'ah hasana in Islam"
[28]
Calls within Sunni Islam in the modern era have been made for a reassessment of the traditional
view, especially by practitioners of Sufism. Umar Faruq Abd-Allah writes:
[B]ida could take on various shades of meaning. When used without qualifying adjectives, it tended
to be condemnatory, as, for example, in the statement, bida must be avoided. Nevertheless, bida
was not always something bad. In certain contexts, especially when qualified by adjectives, bida
could cover a wide range of meanings from what was praiseworthy to what was completely wrong,
as, for example, in the caliph Umars statement below, what an excellent bida is this!
Umar Faruq Abd-Allah, Innovation and Creativity in Islam, 2
Despite the general understanding of standing scholarly disagreements (ikhtilaf), the notion of lawful
innovation is a polarizing issue in the Islamic world. A practical example of this is the debate over the
permissibility of the mawlid or commemoration of Muhammad's birthday. All scholars agree that such
celebrations did not exist in the early period of Islamic history, and yet mawalid commemorations are
a common element in Muslim societies around the world. Even so, Sunnis scholars are divided
between emphatic unconditional condemnation and conditional acceptance of the celebration with
the former insisting it is a bid'ah and thus automatically unlawful, while the latter argues it
nonetheless is contextually permissible.
[29]
[30]
References[edit]
1.
Jump up^ Wehr, Hans (1994). Arabic-English Dictionary. Spoken Language Services, Inc. p. 57.
2.
3.
Jump up^ "Partial Translation of Sunan Abu-Dawud, Kitab Al-Sunnah, Book 40. Number 4590:". USC, Center
for Muslim-Jewish Engagement. Retrieved 26 June 2015.
4.
Jump up^
5.
Jump up^ al-Masri, Jamaluddin ibn al-Manzur. Lisan al-Arab. pp. 8:6.
6.
Jump up^ "864: Bid'ah Hasanah". Islam Question and Answer. Retrieved 26 June 2015.
7.
^ Jump up to:a b Al-Qawaa'id wal-Usool al-Jaami'ah wal-Furooq wat-Taqaaseem al-Badee'ah an-Naafi'ah by Abd
ar-Rahman ibn Naasir as-Sa'di
8.
Jump up^ al-Nawawi, Yahya ibn Sharif. Tahzib al-Asma wal-Lughaat. pp. 1:2223.
9.
10.
Jump up^ Al-Bahith ,, Yahya (February 27, 2012). "What is the meaning of Bidaa? Is using modern technology
in Dawah considered as Bidaa?". Islam Q & A. Retrieved26 June 2015. Innovation and discoveries related to our daily
life is encouraged in Islam, as long as it does not contradict Islamic teachings and principles. Using modern technology in
Dawah is required as means to convoy the message of Islam.
11.
12.
13.
14.
15.
16.
Jump up^ al-Laalikaa'ee - Sharh Usool I'tiqaad Ahlis-Sunnah wal-Jamaa'ah (no. 238)
17.
Jump up^ Abu Nu'aym in al-Hilyah (7/26) and Ibn Battah (no.444)
18.
Jump up^ Abu 'Iyaad as-Salafi. "Warning Against the Innovators". salafi publications. Retrieved 26 June 2015.
19.
20.
21.
22.
23.
Jump up^ Sharh Usool I'tiqaad Ahlus-Sunnah wal-Jamaa'ah - al-Laalikaa'ee - Volume 1, Page 179
24.
Jump up^ Abu 'Uthmaan as-Saaboonee, The 'Aqeedah of the (Pious) Predecessors - Page 101
25.
26.
27.
Jump up^ Islam Question and Answer - Does a good intention intercede for one?
28.
29.
Jump up^ Bin Baz, Abd al-Aziz. "Warning Against Bid'ahs: Ruling on Celebrating the Prophet's Mawlid and
Other Events". Fatawa Bin Baz. Retrieved 30 September2011.[dead link]
30.
Jump up^ Bin Bayyah, Abdullah. "On Celebrating the Prophet's Birthday".
31.
Further reading[edit]
External links[edit]
Sunni view[edit]
The Perfection of the Sharia and an Exposition of the Reprehensible Innovations That Have
Crept Into Islam
Innovation in Light of the Perfection of the Shari'ah
Expounding Bid'ah
[dead link]
(redirects to survey)
[dead link]
(404)
Shi'a view[edit]
Ijazah
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An ijazah (Arabic:
) is the grant of permission or authority usually represented by a certificate
used primarily bySunni Muslims to indicate that one has been authorized by a higher authority to
transmit a certain subject or text ofIslamic knowledge. This usually implies that the student has
learned this knowledge through face-to-face interactions "at the feet" of the teacher. The ijazah was
limited to the study of Islamic law (sharia) and in the transmission of knowledge (gnosis) in the
Islamic spiritual tradition Sufism. Philosophy, natural sciences and Islamic theology (kalam) were
excluded.
[1]
Contents
[hide]
1 Description
3 See also
4 References
Description[edit]
The basic system of "the journey in search of knowledge" that developed early in Hadith scholarship,
involved travelling to specific authorities (shaykhs), especially the oldest and most renowned of the
day, to hear from their own mouths their hadiths and to obtain their authorization or "permission"
(ijazah) to transmit those in their names. This ijazah system of personal rather than institutional
certification has served not only for Hadith, but also for transmission of texts of any kind,
from history, law, or philology to literature, mysticism, or theology. The isnad of a long manuscript as
well as that of a short hadith ideally should reflect the oral, face-to-face, teacher-to-student
transmission of the text by the teacher's ijazah, which validates the written text. In a formal, written
ijazah, the teacher granting the certificate typically includes an isnad containing his or her scholarly
lineage of teachers back to the Prophet throughCompanions, a later venerable shaykh, or the author
of a specific book.
[5]
This view is further echoed by George Makdisi in a 1970 investigation into the differences between
the Christian university and the Islamic madrasah, where he is of the opinion that the Christian
doctorate of the medieval university was the one element in the university that was the most different
from the Islamic ijazahcertification.
[6]
[8]
[7]
[9]
The commonly held view is that all these titles were proper developments of the medieval
university in Europe and completely unrelated to the Islamic mosque schools.
[10]
It should be noted that madrasas only issued the ijazat attadris in one field, the Islamic religious law
of Sharia, and in no other field of learning. Other academic subjects, including the natural sciences,
philosophy and literary studies, were only treated "ancillary" to the study of the Sharia. The Islamic
law degree in Al-Azhar University, the most prestigious madrasa, was traditionally granted without
final examinations, but on the basis of the students' attentive attendance to courses. However, the
postgraduate doctorate in law was only obtained after "an oral examination." In a 1999 paper,
Makdisi points out that, in much the same way granting the ijazah degree was in the hands of
professors, the same was true for the early period of the University of Bologna, where degrees were
originally granted by professors. He also points out that, much like the ijazat attadris was confined
to law, the first degrees at Bologna were also originally confined to law, before later extending to
other subjects. In a discussion of Makdisi's thesis, Toby Huff disagreed and argued that there was
never any equivalent to the Bachelor's degree or the doctorate in the Islamic madrasahs.
[11]
[12]
[13]
[14]
[15]
[16]
[17]
See also[edit]
Religion portal
Isnad
Silsilah
References[edit]
1.
Jump up^ Toby Huff, Rise of Early Modern Science: Islam, China and the West, 2nd ed., Cambridge
2003, ISBN 0-521-52994-8, p. 77
2.
Jump up^ Graham, William A. (Winter 1993), "Traditionalism in Islam: An Essay in Interpretation", Journal of
Interdisciplinary History (MIT Press) 23 (3): 495522,doi:10.2307/206100, JSTOR 206100
3.
Jump up^ Verger, J. (1999), "Doctor, doctoratus", Lexikon des Mittelalters 3, Stuttgart: J.B. Metzler, cols 1155
1156
4.
Jump up^ Regg, Walter: "Foreword. The University as a European Institution", in: A History of the University
in Europe. Vol. 1: Universities in the Middle Ages, Cambridge University Press, 1992, ISBN 0-521-36105-2, pp. XIX: "No
other European institution has spread over the entire world in the way in which the traditional form of the European
university has done. The degrees awarded by European universities the bachelor's degree, the licentiate, the master's
degree, and the doctorate have been adopted in the most diverse societies throughout the world."
5.
Jump up^ Pedersen, J.; Rahman, Munibur; Hillenbrand, R. "Madrasa." Encyclopaedia of Islam, Second
Edition. Edited by: P. Bearman , Th. Bianquis , C. E. Bosworth , E. van Donzel and W. P. Heinrichs. Brill, 2010, retrieved
21 March 2010)
6.
Jump up^ George Makdisi: "Madrasa and University in the Middle Ages", Studia Islamica, No. 32 (1970), pp.
255264 (260): "Perhaps the most fundamental difference between the two systems is embodied in their systems of
certification; namely, in medieval Europe, the licentia docendi, or license to teach; in medieval Islam, theijaza, or
authorization. In Europe, the license to teach was a license to teach a certain field of knowledge. It was conferred by the
licensed masters acting as a corporation, with the consent of a Church authority, in Paris, by the Chancellor of the
Cathedral Chapter... Certification in the Muslim East remained a personal matter between the master and the student.
The master conferred it on an individual for a particular work, or works. Qualification, in the strict sense of the word, was
supposed to be a criterion, but it was at the full discretion of the master, since, if he chose, he could give an ijaza to
children hardly able to read, or even to unborn children. This was surely an abuse of the system...but no official system
was involved. The ijaza was a personal matter, the sole prerogative of the person bestowing it; no one could force him to
give one."
7.
^ Jump up to:a b Makdisi, George (AprilJune 1989), "Scholasticism and Humanism in Classical Islam and the
Christian West", Journal of the American Oriental Society 109 (2): 175182 [175
77], doi:10.2307/604423, JSTOR 604423
8.
Jump up^ Makdisi, George (AprilJune 1989), "Scholasticism and Humanism in Classical Islam and the
Christian West", Journal of the American Oriental Society 109 (2): 175182 [175
77], doi:10.2307/604423, JSTOR 604423, I hope to show how the Islamic doctorate had its influence on Western
scholarship, as well as on the Christian religion, creating there a problem still with us today. [...] As you know, the term
doctorate comes from the Latin docere, meaning to teach; and the term for this academic degree in medieval Latin
was licentia docendi, "the license to teach." This term is the word for word translation of the original Arabic term, ijazat
attadris. In the classical period of Islam's system of education, these two words were only part of the term; the full term
included wa I-ifttd, meaning, in addition to the license to teach, a "license to issue legal opinions." [...] The doctorate
came into existence after the ninth century Inquisition in Islam. It had not existed before, in Islam or anywhere else. [...]
But the influence of the Islamic doctorate extended well beyond the scholarly culture of the university system. Through
that very system it modified the millennial magisterium of the Christian Church. [...] Just as Greek non-theistic thought
was an intrusive element in Islam, the individualistic Islamic doctorate, originally created to provide machinery for the
Traditionalist determination of Islamic orthodoxy, proved to be an intrusive element in hierarchical Christianity. In classical
Islam the doctorate consisted of two main constituent elements: (I) competence, i.e., knowledge and skill as a scholar of
the law; and (2) authority, i.e., the exclusive and autonomous right, the jurisdictional authority, to issue opinions having
the value of orthodoxy, an authority known in the Christian Church as the magisterium. [...] For both systems of
education, in classical Islam and the Christian West, the doctorate was the end-product of the school exercise, with this
difference, however, that whereas in the Western system the doctorate at first merely meant competence, in Islam it
meant also the jurisdictional magisterium.
9.
Jump up^ Norman Daniel: Review of "The Rise of Colleges. Institutions of Learning in Islam and the West by
George Makdisi", Journal of the American Oriental Society, Vol. 104, No. 3 (Jul. Sep., 1984), pp. 586588 (587)
10.
Jump up^ Cf. Lexikon des Mittelalters, J.B. Metzler, Stuttgart 1999, entries on: Baccalarius, Doctor, Grade,
universitre, Licentia, Magister universitatis, Professor, Rector
11.
Jump up^ Makdisi, George (AprilJune 1989), "Scholasticism and Humanism in Classical Islam and the
Christian West", Journal of the American Oriental Society 109 (2): 175182
[176], doi:10.2307/604423, JSTOR 604423, There was no other doctorate in any other field, no license to teach a field,
except that of the religious law. To obtain a doctorate, one had to study in a guild school of law.
12.
Jump up^ Pedersen, J.; Rahman, Munibur; Hillenbrand, R. "Madrasa." Encyclopaedia of Islam, Second
Edition. Edited by: P. Bearman , Th. Bianquis , C.E. Bosworth , E. van Donzel and W.P. Heinrichs. Brill, 2010, retrieved 20
March 2010: "Madrasa,...in mediaeval usage, essentially a college of law in which the other Islamic sciences, including
literary and philosophical ones, were ancillary subjects only."
13.
Jump up^ Jomier, J. "al- Azhar (al-jjmi al-Azhar)." Encyclopaedia of Islam, Second Edition. Edited by: P.
Bearman , Th. Bianquis , C.E. Bosworth , E. van Donzel and W.P. Heinrichs. Brill, 2010: "There was no examination at
the end of the course of study. Many of the students were well advanced in years. Those who left al-Azhar obtained an
idjza or licence to teach; this was a certificate given by the teacher under whom the student had followed courses,
testifying to the student's diligence and proficiency."
14.
Jump up^ Makdisi, George (AprilJune 1989), "Scholasticism and Humanism in Classical Islam and the
Christian West", Journal of the American Oriental Society (Journal of the American Oriental Society, Vol. 109, No.
2) 109 (2): 175182 (176),doi:10.2307/604423, JSTOR 604423
15.
Jump up^ George Makdisi (1999), "Religion and Culture in Classical Islam and the Christian West", in Richard
G. Hovannisian & Georges Sabagh, Religion and culture in medieval Islam, Cambridge University Press, pp. 323
[10], ISBN 0-521-62350-2
16.
Jump up^ George Makdisi (1999), "Religion and Culture in Classical Islam and the Christian West", in Richard
G. Hovannisian & Georges Sabagh, Religion and culture in medieval Islam, Cambridge University Press, pp. 323 [10
1], ISBN 0-521-62350-2
17.
Jump up^ Toby Huff, Rise of Early Modern Science: Islam, China and the West, 2nd ed., Cambridge
2003, ISBN 0-521-52994-8, p. 155: "It remains the case that no equivalent of the bachelor's degree, the licentia docendi,
or higher degrees ever emerged i
Istihlal
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Istihlal (Arabic: istih ll) is a term used in Islamic jurisprudence, or fiqh, to refer to the act of
regarding some action as permissible, or halaal; the implication is that such a regard is an erroneous
and improper distortion of Islamic law. The word "istihlal" is derived as Stem X of the
Arabic consonantal root -- meaning "to untie", "to solve", "to dissolve", "to open", "to release",
etc.
[1]
The term "istihlal" came to prominence in the Western news media on 11 March 2005, the first
anniversary of theMadrid bombing attacks of 2004, when the Islamic Commission of Spain (La
Comisin Islmica de Espaa) issued afatwa, or religious opinion, denouncing Osama bin
Laden and al-Qaeda for engaging in istihlal with respect to the waging of jihad through terrorism, and
the killing of women, children, and noncombatants.
[2]
[3]
Que segn la Sharia, todo aquel que declara halal o permitido lo que Dios ha
declarado haram o prohibido, como es matar a personas inocentes en atentados terroristas,
se convierte en Kafir Murtadd Mustahlil, es decir en apstata, por haber pretendido
hacer halal (istihlal) el asesinato de inocentes, crimen que el Sagrado Corn y la Sunna del
Profeta Muhammad, Dios le bendiga y salve, prohben expresamente.
En tanto que Osama ben Laden y su organizacin defienden la legalidad del terrorismo y
pretenden fundamentarla en el sagrado Corn y la Sunna, estn cometiendo delito
de istihlal y se convierten ipso facto en apstatas (kafir murtadd), que no deben ser
considerados musulmanes ni ser tratados como tales.
Translated into English:
[4]
That according to the Sharia, anyone who declares halaal, or permitted, what God has
declared haraam, or forbidden, such as the killing of innocent persons in terrorist attacks,
turns into a Kafir Murtadd Mustahlil, that is to say, an apostate, by having claimed to
make halal (istihlal) the murder of innocents, a crime that the Holy Qur'an and the Sunnah of
the Prophet Muhammad (may God bless and save him) expressly forbid.
Insofar as Osama bin Laden and his organization defend the legality of terrorism and claim
to base it in the Holy Qur'an and the Sunnah, they are committing the sin of istihlal and
become ipso facto apostates (kafir murtadd), who should not be considered Muslims nor be
treated as such.
References[edit]
1.
Jump up^ Hans Wehr. A Dictionary of Modern Written Arabic: Third Edition. ed. J. Milton Cowan.
Spoken Language Services, Inc. Ithaca, New York, 1976. ISBN 0-87950-001-8.
2.
Jump up^ "Bin Laden fatwa as Spain remembers". CNN. 2005-03-11. Archived from the original on
2005-07-11. Retrieved 2005-08-17.
3.
Jump up^ "La Comisin Islmica de Espaa emite una fatua condenando el terrorismo y al grupo
Al Qaida" (in Spanish). WebIslam Comunidad Virtual. 2005-03-05. Retrieved2008-08-30. Full text of
the fatwa issued by La Comisin Islmica de Espaa against Osama bin Laden and Al Qa'ida.
4.
Jump up^ C.C. Smith, G.A. Davies, H.B. Hall. Langenscheidt's New Standard Spanish Dictionary:
Revised and updated edition. Langenscheidt KG, Berlin and Munich, 1988. Printed in England by
Clays Ltd, St. Ives.
Istihsan
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Shaykh al-Islam
Ustad
Istihsan ( )is an Arabic term for juristic "preference". In its literal sense it means "to
consider something good".Muslim scholars may use it to express their preference for particular
judgements in Islamic law over other possibilities. It is one of the principles of legal thought
underlying personal interpretation or ijtihad.
A number of disputes existed amongst the classical jurists over this principle with the Hanafite jurists
adopting this as a secondary source. Contemporary proponents of liberal movements within
Islam have used istihsan and the similar idea of istislah (Arabic for "to deem proper") as ethical
principles to favour feminist and reformist interpretations of theQur'an and Sunnah, thus looking to
reform Islamic law.
Contents
[hide]
1 Etymology
2 Types of Istihsan
3 Examples of Istihsan
4 Criticisms
5 References
Etymology[edit]
Istihsan ([ istihsan], plural []) is an Arabic word that means "to consider something good". It
also applies to mean something towards which one is inclined or which one prefers, even if it is not
approved by others. Technically it has been defined in several ways by Muslim jurists:
[1]
Bazdawi defines it as moving away from the implications of an analogy to an analogy that is
stronger than it
[2]
The Maliki jurist, Ibn al-Arabi defines it as sacrificing some of the implications of an evidence
by way of exception
[2]
Types of Istihsan[edit]
Examples of Istihsan[edit]
The following comprise classical examples for this principle:
Abu Hanifah stated that the one who eats out of forgetfulness whilst fasting should repeat
the fast - however he moves away from this by the evidence of a narration that allows the fast to
stand.
[3]
Analogy requires that the manufacturing contract with advance payment be prohibited on the
basis of analogy - however this is made permissible according toijma.
Analogy requires that pure water be used for ablution so wells in which dirt or carcasses of
animals have fallen would be prohiibted for use according to strict analogy. Necessity
exceptionalises this and permits the use of this water subject to formal cleaning methods are
applied first.
Criticisms[edit]
Al-Shafi'i viewed the practice of juristic preference as a heretical usurping God's sole right as the
legislator of Islamic law. It has been alleged that this criticism revolves more around the linguistic
meaning of the term rather than its technical meaning, though modern scholarship regards Shafi'is
comments as a direct criticism of the technical meaning. Malik ibn Anas is noted to have been
asked about binding divorce. When he delivered his response, a disciple of his quickly reached for a
tablet to make note of this ruling. Upon realizing what his disciple was doing, Malik asked him to
stop, remarking that his opinion could change by before nightfall.
[4]
[5]
[6]
[7]
Sarakhsi points out that some jurists have criticised Istihsan on the grounds that the analogy us
being given up for personal opinion, something prohibited in Islam. He refutes this understanding as
incomprehensible, as no jurist would give up an authority for something that lacked evidence.
[8]
References[edit]
1.
2.
3.
4.
Jump up^ Al-Shafi'i, Kitab al-Umm, vol. 7, pg. 309-320. Cairo Dar al-fikr, 1990.
5.
6.
Jump up^ Bernard G. Weiss, The Search for God's Law: Islamic Jurisprudence in the Writings of Sayf al-Din
al-Amidi, pg. 672. Salt Lake City: University of Utah Press, 1992.
7.
Jump up^ Virani, Shafique N. The Ismailis in the Middle Ages: A History of Survival, A Search for Salvation
(New York: Oxford University Press), 2007, p.156.
8.
Kayadibi, Saim. "Istihsan: The Doctrine of Juristic Preference in Islamic law. Islamic Book
Trust, Kuala Lumpur. ISBN 978-967-5-06247-6
Shafi'i
From Wikipedia, the free encyclopedia
[hide]
Part of a series on
Sunni Islam
Beliefs[show]
Five Pillars[show]
Rightly-Guided Caliphs[show]
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Shafi'i
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hir
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The Shafi'i (Arabic: fi ) madhhab is one of the four schools of Islamic law in Sunni Islam. It
was founded by the Arab scholar Al-Shafi'i in the early 9th century. The other three schools of Sunni
jurisprudence are Hanafi, Malikiand Hanbali.
[1]
[2]
[1]
The Shafi school predominantly relies on the Quran and the Hadiths for Sharia. Where passages
of Quran and Hadiths are ambiguous, the school first seeks religious law guidance from Ijma the
consensus of Sahabah (Muhammad's companions). If there was no consensus, Shafi'i school relies
on individual opinion (Ijtihad) of the companions of Muhammad, followed by analogy.
[2][3]
[4]
[2]
The Shafi'i school was, in the early history of Islam, the most followed ideology for Sharia. However,
with Ottoman Empire's expansion and patronage, it was replaced with the Hanafi school in many
parts of the Muslim world. One of the many differences between the Shafi'i and Hanafi schools is
that the Shafi'i school does not consider Istihsan(personal preference of Islamic legal scholars) as an
acceptable source of religious law because it amounts to "human legislation" of Islamic law.
[3]
[5]
The Shafi'i school is now predominantly found in Somalia, Ethiopia, Djibouti, eastern Egypt, the
Swahili Coast, Yemen, Kurdish regions of the Middle East, Palestine, Lebanon, Indonesia, Malaysia,
Maldives, some coastal parts of Sri Lanka, India, Singapore, Myanmar, Thailand, Brunei, and the
Philippines.
[6]
Contents
[hide]
1 Principles
2 Shafi'i school
o
2.1 History
2.2 Demographics
3 Views
o
3.1 Apostasy
3.2 Blasphemy
3.3 Stoning
3.4 Brideprice
3.5 Slavery
4 Notable Shafi'i's
o
6 Notes
7 References
8 Further reading
9 External links
Principles[edit]
The Shafi'i school of thought stipulates authority to five sources of jurisprudence. In hierarchical
order, the school relies upon the following sources for Islamic law: the Quran, the hadiths - that is,
sayings, customs and practices of Muhammad, the ijm' (consensus of Sahabah, the community of
Muhammad's companions), the individual opinions of Sahaba with preference to one closest to the
issue as Ijtihad, and finally qiyas (analogy). The Shafi'i school rejects two sources of Shariathat are
accepted in other major schools of Islam - Istihsan (juristic preference, promoting the interest of
Islam) and Istislah (public interest). The jurisprudence principle of Istihsan and Istislah admitted
religious laws that had no textual basis in either the Quran or Hadiths, but were based on the
opinions of Islamic scholars as promoting the interest of Islam and its universalization goals. The
Shafi'i school rejected these two principles stating that these methods rely on subjective human
opinions, its potential for corruption and adjustment to political context and time.
[7]
[2]
[8][9]
[10]
[8][9]
The foundational text for the Shafi'i school is Al-Risala (or, The Message) by the founder of the
school, Al-Shafi'i. It outlines the principles of Shafi'i fiqh as well as the derived jurisprudence. AlRisala became an influential book to other Sunni Islam fiqhs as well, as the oldest surviving Arabic
work on Islamic legal theory.
[11]
[12]
Shafi'i school[edit]
An approximate color map showing where Shafi'i school (dark blue) is found.
History[edit]
The Shafi'i madhab was spread by Al-Shafi'i students in Cairo, Mecca and Baghdad. It became
widely accepted in early history of Islam. The chief representative of the Iraqi school was Abu Ishaq
al-Shirazi, whilst in Khorasan Shafi'i school was spread by al-Juwayni and al-Iraqi. These two
branches merged around Ibn al-Salah and his father, before being reviewed and refined by al-Rafi'i
and al-Nawawi.
[citation needed]
The Shafi'i jurisprudence was adopted as the official law during the Great Seljuq
Empire, Zengiddynasty, Ayyubid dynasty and later the Mamluk Sultanate (Cairo), where it saw its
widest application. It was also adopted by the Kathiri state in Hadhramawt and most of rule of
theSharif of Mecca.
[citation needed]
With the establishment and expansion of Ottoman Empire in West Asia and Turkic Sultanates in
Central and South Asia, Shafi'i school was replaced with Hanafi school, in part because Hanafites
allowed Istihsan (juristic preference) that allowed the rulers flexibility in interpreting the religious law
to their administrative preferences. The Sultanates along the littoral regions of the Horn of Africa
and the Arabian peninsula adhered to the Shafi'i school and were the primary drivers of its maritime
military expansion into many Asian and East African coastal regions of the Indian Ocean, particularly
from the 12th through the 18th century.
[5]
[13][14]
Demographics[edit]
The Shafi'i school is presently predominant in the following parts of the Muslim world:
[6]
Africa: Djibouti, Somalia, Ethiopia, Eritrea, eastern Egypt, and the Swahili Coast.
Middle East: Yemen, Kurdish regions of the Middle East, Israel, Lebanon, minor parts
of Jordan, Palestine and Saudi Arabia
[15]
[16]
Shafi'i school is the second largest school of Sunni madhhabs by number of adherents, states
Saeed in his 2008 book. However, a UNC publication considers the Maliki school as second largest,
and the Hanafi madhhab the largest, with Shafi'i as third largest. The demographic data by each
fiqh, for each nation, are unavailable and the relative demographic size are estimates.
[1]
[6]
Views[edit]
Apostasy[edit]
Shafi'i madhhab considers apostasy, that is the act of leaving Islam or converting to another religion
or becoming an atheist, as a religious crime.
The school requires a waiting period of three days
to allow the Muslim apostate to repent and return to Islam. After the wait, execution is the traditional
recommended punishment for both men and women apostates.
[17][18][19]
[19][20]
Shafi'i school, as with other Muslim fiqhs, considers apostasy as a civil liability in addition to it being
a criminal offense. Therefore, (a) the property of the apostate is seized and distributed to his or her
[20]
Muslim relatives; (b) his or her marriageannulled (faskh); (c) any children removed and considered
ward of the Islamic state. In case the entire family has left Islam, or there are no surviving Muslim
relatives recognized by Sharia, the apostate's property is liquidated by the Islamic state (part of fay,
). 21 22 Shafi'i Sunni school of jurisprudence does not consider any wait as mandatory before the
Islamic authorities can seize the children and property of the apostate.
[20]
][
[21][23]
Blasphemy[edit]
Shafi'i school considers blasphemy as any action, speech or behavior that degrades, insults or
questions Allah, Muhammad, beliefs, symbols, holy texts, fatwas and customs common in Islam.
The school considers blasphemy as a separate offense from apostasy, but accepts the repentance
of blasphemers. If the blasphemer does not repent, the punishment is death for both men and
women.
[24]
[25][26]
Stoning[edit]
Shafi'i jurists state that adultery by a married man or woman, or other religiously disallowed sex
(homosexuality), must be punished by Rajm (stoning). If the accused is unmarried, the stoning
punishment is reduced to public lashing. For evidence, Shafi'i fiqh accepts the following: selfconfession, or testimony of four male witnesses (female witness is not acceptable), or contested
pregnancy. Unlike Maliki scholars who always considered contested pregnancy in an unmarried
woman as "public evidence of zina", some Shafi'i jurists, however, disagreed. They stated that
stoning is unwarranted in a divorced but currently unmarried pregnant woman, because the Quran
and Hadiths do not reveal pregnancy as acceptable evidence of zina crime, and that a pregnancy
may last 4 to 7 years.
[27]
[28]
[29]
Like Hanafi school, Shafi'i Islamic law literature specifies two types of stoning. One, when the
punishment is based on bayyina, or concrete evidence such as four male witnesses or pregnancy. In
this case the person is bound, a pit dug, the bound person placed and partially buried inside the pit
so that he or she may not escape, thereafter the public stoning punishment is executed. A woman
sentenced to stoning must be partially buried up to her chest. The first stones are thrown by the
Imam or his deputy in all cases, under Shafi'i law, followed by the Muslim community witnessing the
stoning punishment. In second type of stoning, when the punishment is based on self-confession,
the stoning is to performed without digging a pit or partially burying the person. In this case, after the
stoning has started and the person flees, the person is allowed to leave.
[27]
[30]
[30]
[27]
Brideprice[edit]
Mahr is the religiously mandatory dower (brideprice) a Muslim man or his family must pay to the
bride in order to enter into a legal marriage in Islam. Shafi'i school, unlike other schools of Sunni
Islam, does not place any minimum amount requirement on Mahr. Al-Shafi'i, the founder of the
school, explained the rational as follows,
[31]
The dower is a price (thaman) among prices, so whatever they consent to as a dower that has a
value (qima) is permitted, just as whatever a buyer and seller (mutabaian) of anything that has a
value [agree to] is permitted.
Al-Shafi'i
[31]
Slavery[edit]
Shafi'i legal scholars, like Maliki jurists, dedicated a significant portion of their legal analysis on slave
law. The slave law literature discussed ownership rights over slaves captured in war or purchased
in slave markets, the duties of the slaves, punishment of slaves who steal or have illegal sex or
commit other crimes, rights of men to force sex on a slave with or without consent, requirements of
master's permission and the process by which a slave can legally marry, inheritance of slavery by a
slave's children, how masters can will, gift or sell their slaves.
[32]
[32][33][34]
In their war doctrine, Shafi'i jurists established four valid choices before Muslims, after any
successful raid or war against unbelievers, regarding civilian male and female captives taken
execute them, ransom them and demand wealth for their release, exchange them for Muslim
prisoners with the unbelievers, and condemn them as your slaves for own use or to sell them.
Some Shafi'i jurists suggested that captives may be released without ransom, in some cases,
under Islamic law. The legal scholars also developed the doctrine for emancipation of slaves of
those who convert to Islam, at the desire of the master, and their consequent rights as free person.
The resultant Sharia doctrines on slavery remained in use, in parts of the Muslim world, till early
20th century, when they were abolished under global pressure for secular human rights in matters
related to slavery.
[35]
[36]
[37]
[38]
[36]
The Shafi'i school did not consider slavery, including sexual use of slaves, as anything other than a
transaction of goods. Al Shafi'i and Abu Hanifa (founder ofHanafi Sunni school) compared sexual
use of slave with marriage. In both cases, stated Al-Shafi'i, the essential similarity is that they are
both a transaction granting sexual licitness for compensation. Buying a slave girl gives the Muslim
man the legal right to have sex with her, with or without consent. The difference between paying for a
slave girl and paying for a marriage, under Shafi'i interpretation of law, is that the man has more
limited access rights over his wife and his children from the Muslim wife have property inheritance
rights. Shafi'i scholars also clarified that while a Muslim man can legally have sex with slave girls
he owns, a Muslim woman cannot legally have sex with slave boys she owns and any such sexual
activity is zina.
[39]
[39]
[39]
[40][41]
Like other Sunni schools of Sharia, in Shafi'i school, a slave must have his or her master's
permission to be married. However, Shafi'i school required that the slave must get the permission
before marriage, unlike others which allowed the Muslim master to grant permission after-themarriage.
[42]
Other views[edit]
Shafi'i scholars, like other major schools of Sunni fiqh, considered minimum age of marriage
to be 12 for boys and 9 for girls. They also defined the age of majority (adulthood) to be 18 for
boys and 17 for girls, after which they could sign their own marriage contract. A guardian had the
legal right to arrange and complete the marriage of a minor.
[43]
Traditional Shafi'i text state that a man can divorce his wife, but a wife is not allowed to
initiate divorce.
[44]
[45]
Although Imam Shafi'i thought that music is haram, but many Shafi'i scholars such as Imam
Al Ghazali think that music is not haram
Historical Shafi'i texts endorsed the practise of female circumcision (FGM), with Al-Shafi'i
declaring it mandatory for both males and females.
[47][48]
Shaving the beard is considered a forbidden action whereas other schools dislike .
[49]
Notable Shafi'i's[edit]
Al-Ghazali
Al-Suyuti
Ibn al-Nafis
Ibn Kathir
In Hadith:
In Tafsir:
In Sufism
Al-Baghawi
Harith al-Muhasibi
Baidawi
Said Nurs
Abu Nu`aym
Hamka
Imam al-Haddad
Ahmad Ghazali
Yusuf Hamdani
Ahmed ar-Rifa'i
Shams Tabrizi
Safi-ad-din Ardabili
Kamal Khujandi
Yusuf an-Nabhani
In Fiqh:
Al-Mawardi
Al-Juwayni
Al-Ghazali
Al-Baghawi
Baidawi
Zakariyya al-Ansari
Al-Bayhaqi
Hakim al-Nishaburi
al-Tabarani
Al-Baghawi
Al-Daraqutni
Ibn Khuzaymah
Abu Nu`aym
Ibn al-Salah
Zainuddin Makhdoom
Ibn Nuhaas
Dhahabi
Abdallah al-Qutbi
the Traveller
Shaykh Sufi
In History
Al-Dhahabi
Ibn 'Asakir
Ibn Hisham
Ibn Khallikan
Al-Qastallani
Muhammad al-Sumali
Wahba Zuhayli
Ali Gomaa
Abdullah al-Harari
Afifi al-Akiti
Hasyim Muzadi
Aboobacker Ahmad
Ahmed Kuftaro
Zaid Shakir
See also[edit]
Fairuzabadi
In Aqidah:
Statesmen
Saladin
Nizam al-Mulk
Sharia
Salat
Wudu
Adhan
Blasphemy in Islam
Apostasy in Islam
Notes[edit]
1.
2.
^ Jump up to:a b c Abdullah Saeed (2008), The Qur'an: An Introduction, Routledge, ISBN 978-0415421256, p. 17
^ Jump up to:a b c d Hisham M. Ramadan (2006), Understanding Islamic Law: From Classical to Contemporary,
Rowman Altamira, ISBN 978-0759109919, pp. 27-28
3.
4.
Jump up^ Syafiq Hasyim (2005), Understanding Women in Islam: An Indonesian Perspective, Equinox, ISBN
978-9793780191, pp. 75-77
5.
^ Jump up to:a b Wael B. Hallaq (2009), Shar'a: Theory, Practice, Transformations, Cambridge University
Press, ISBN 978-0521861472, pp. 58-71
6.
^ Jump up to:a b c Jurisprudence and Law - Islam Reorienting the Veil, University of North Carolina (2009)
7.
Jump up^ Badr al-Din al-Zarkashi (1393), Al-Bahr Al-Muhit, Vol 6, pp 209
8.
^ Jump up to:a b Istislah The Oxford Dictionary of Islam, Oxford University Press
9.
^ Jump up to:a b Istihsan The Oxford Dictionary of Islam, Oxford University Press
10.
Jump up^ Lloyd Ridgeon (2003), Major World Religions: From Their Origins To The Present, Routledge, ISBN
978-0415297967, pp. 259-262
11.
Jump up^ Majid Khadduri (1961), Islamic Jurisprudence: Shafi'i's Risala, Johns Hopkins University Press, pp.
14-22
12.
Jump up^ Joseph Lowry (Translator), Al-Shafi'i - The Epistle on Legal Theory, Risalah fi usul al-fiqh, New York
University Press, 2013, ISBN 978-0814769980
13.
Jump up^ Randall L. Pouwels (2002), Horn and Crescent: Cultural Change and Traditional Islam, Cambridge
University Press, ISBN 978-0521523097, pp 88-159
14.
Jump up^ MN Pearson (2000), The Indian Ocean and the Red Sea, in The History of Islam in Africa (Ed:
Nehemia Levtzion, Randall Pouwels), Ohio University Press, ISBN 978-0821412978, Chapter 2
15.
Jump up^ UNION OF THE COMOROS 2013 INTERNATIONAL RELIGIOUS FREEDOM REPORT U.S. State
Department (2014), Quote: "The law provides sanctions for any religious practice other than the Sunni Shafii doctrine of
Islam and for prosecution of converts from Islam, and bans proselytizing for any religion except Islam."
16.
Jump up^ Islam in Azerbaijan (Historical Background), Altay Goyushov, CAUCASUS ANALYTICAL DIGEST
No. 44, 20 November 2012
17.
Jump up^ Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 9780892591428, pp 1-68
18.
Jump up^ Frank Griffel (2001), Toleration and exclusion: al-Shafi i and al-Ghazali on the treatment of
apostates, Bulletin of the School of Oriental and African Studies, 64(03): 339-354
19.
^ Jump up to:a b David Forte, Islams Trajectory, Revue des Sciences Politiques, No. 29 (2011), pages 92-101
20.
^ Jump up to:a b c Peters & De Vries (1976), Apostasy in Islam, Die Welt des Islams, Vol. 17, Issue 1/4, pp 1-25
21.
^ Jump up to:a b Samuel M. Zwemer, The law of Apostasy, The Muslim World, Volume 14, Issue 4, pp. 373391
22.
Jump up^ Kazemi F. (2000), Gender, Islam, and politics, Social Research, Vol. 67, No. 2, pages 453-474
23.
Jump up^ Peters & De Vries (1976), Apostasy in Islam, Die Welt des Islams, Vol. 17, Issue 1/4, pp 7-8
24.
Jump up^ Ahmad ibn Lulu Ibn al-Naqb (Trans: Noah Ha Mim Keller, 1997), The Reliance of the
Traveller, ISBN 978-0915957729
25.
Jump up^ L Wiederhold L, Blasphemy against the Prophet Muhammad and his companions (sabb al-rasul,
sabb al-sahabah) : The introduction of the topic into Shafi'i legal literature, Jrnl of Sem Studies, Oxford University Press,
42(1), pp. 39-70
26.
Jump up^ P Smith (2003), Speak No Evil: Apostasy, Blasphemy and Heresy in Malaysian Syariah Law, UC
Davis Journal Int'l Law & Policy, 10, pp. 357-373;
F Griffel (2001), Toleration and exclusion: al-Shafi i and al-Ghazali on the treatment of apostates,
Bulletin of the School of Oriental and African Studies, 64(3), pp. 339-354
27.
^ Jump up to:a b c Elyse Semerdjian (2008), "Off the Straight Path": Illicit Sex, Law, and Community in Ottoman
Aleppo, Syracuse University Press, ISBN 978-0815631736, pp. 22-23
28.
Jump up^ Elyse Semerdjian (2008), "Off the Straight Path": Illicit Sex, Law, and Community in Ottoman Aleppo,
Syracuse University Press, ISBN 978-0815631736, p. 25
29.
Jump up^ James Hastings et al, Encyclopdia of Religion and Ethics, Volume 7, Charles Scribner's Sons, p.
869
30.
^ Jump up to:a b Elyse Semerdjian (2008), "Off the Straight Path": Illicit Sex, Law, and Community in Ottoman
Aleppo, Syracuse University Press, ISBN 978-0815631736, pp. 23-25
31.
^ Jump up to:a b K Ali (2010), Marriage and Slavery in Early Islam, Harvard University Press,ISBN 9780674050594, pp. 56-57
32.
^ Jump up to:a b Chibli Mallat (2007), Introduction to Middle Eastern Law, Oxford University Press, ISBN 9780199230495, pp. 48-125
33.
Jump up^ K Ali (2010), Marriage and Slavery in Early Islam, Harvard University Press, ISBN 978-0674050594
34.
Jump up^
Joseph Lowry (Translator), Al-Shafi'i - The Epistle on Legal Theory, Risalah fi usul al-fiqh, New York
University Press, 2013, ISBN 978-0814769980, pp. 363-403
35.
Jump up^ Majid Khadduri, War and Peace in the Law of Islam, Lawbook Exchange, ISBN 978-1584776956,
pp. 127-132
36.
^ Jump up to:a b Abdullahi Ahmed An-Na'im (1998), Slavery, in Liberal Islam: A Source Book (Ed: Charles
Kurzman), Oxford University Press, ISBN 978-0195116229, pp. 228-232
37.
Jump up^ Majid Khadduri, War and Peace in the Law of Islam, Lawbook Exchange, ISBN 978-1584776956, p.
25
38.
Jump up^ A. S. Tritton, Non-Muslim Subjects of the Muslim State, Journal of the Royal Asiatic Society of Great
Britain & Ireland, Volume 74, Issue 01, January 1942, pp. 36-40
39.
^ Jump up to:a b c K Ali (2010), Marriage and Slavery in Early Islam, Harvard University Press,ISBN 9780674050594, pp. 55-59
40.
Jump up^ K Ali (2010), Marriage and Slavery in Early Islam, Harvard University Press, ISBN 978-0674050594,
pp. 178-185
41.
Jump up^ Yohanan Friedmann (2006), Tolerance and Coercion in Islam: Interfaith Relations in the Muslim
Tradition, Cambridge University Press, ISBN 978-0521026994, pp. 163-189
42.
Jump up^ K Ali (2010), Marriage and Slavery in Early Islam, Harvard University Press, ISBN 978-0674050594,
p. 185
43.
Jump up^ Lynn Welchman (2000), Beyond the Code: Muslim Family Law and the Sharia Judiciary, Brill, ISBN
978-9041188595, pp. 108-110
44.
Jump up^ K Ali (2010), Marriage and Slavery in Early Islam, Harvard University Press, ISBN 978-0674050594,
pp. 178-179
45.
^ Jump up to:a b Majid Khadduri (2001), The Islamic Law of Nations, Johns Hopkins University Press, ISBN 9780801869754, p. 58
46.
Jump up^ Elfatih Salam (2006), Islamic Doctrine of Peace and War, The Int'l Stud. Journal, Vol. 3, No. 4, pp
43-74
47.
Jump up^ Anne Meneley (1996), Tournaments of Value: Sociability and Hierarchy in a Yemeni Town, University
of Toronto Press, ISBN 978-0802078681, p. 84, footnote 8
48.
Jump up^
The Different Aspects of Islamic Culture p 436, Abdelwahab Bouhdiba, Muhammad Marf alDawlb - 1998
Self-Determination and Women's Rights in Muslim Societies - Page 129, Chitra Raghavan, James P.
Levine - 2012
49.
Jump up^ Reliance of the Traveller - Page 58, Nuh Mim Keller - 1994
References[edit]
Yahia, Mohyddin (2009). Shafi'i et les deux sources de la loi islamique, Turnhout: Brepols Publishers, ISBN 978-2-50353181-6
Rippin, Andrew (2005). Muslims: Their Religious Beliefs and Practices (3rd ed.). London: Routledge. pp. 9093. ISBN 0415-34888-9.
Calder, Norman, Jawid Mojaddedi, and Andrew Rippin (2003). Classical Islam: A Sourcebook of Religious Literature.
London: Routledge. Section 7.1.
Schacht, Joseph (1950). The Origins of Muhammadan Jurisprudence. Oxford: Oxford University. pp. 16.
Khadduri, Majid (1987). Islamic Jurisprudence: Shafi'i's Risala. Cambridge: Islamic Texts Society. pp. 286.
Abd Majid, Mahmood (2007). Tajdid Fiqh Al-Imam Al-Syafi'i. Seminar pemikiran Tajdid Imam As Shafie 2007.
al-Shafi'i,Muhammad b. Idris,"The Book of the Amalgamation of Knowledge" translated by A.Y. Musa in Hadith as
Scripture: Discussions on The Authority Of Prophetic Traditions in Islam, New York: Palgrave, 2008
Further reading[edit]
Joseph Lowry (Translator), Al-Shafi'i - The Epistle on Legal Theory (Risalah fi usul al-fiqh), New York University Press,
2013, ISBN 978-0814769980
Cilardo, Agostino, Shafi'i Fiqh, in Muhammad in History, Thought, and Culture: An Encyclopedia of the Prophet of God (2
vols.), Edited by C. Fitzpatrick and A. Walker, Santa Barbara, ABC-CLIO, 2014. ISBN 1610691776
External links[edit]
Music and Its Effects Ahmed Sheriff, Tanzania, Why it was forbidden?, pp. 5055
Hanafi
From Wikipedia, the free encyclopedia
[hide]
Part of a series on
Sunni Islam
Beliefs[show]
Five Pillars[show]
Rightly-Guided Caliphs[show]
Hanafi
Maliki
Shafi'i
Hanbali
Extinct
Awza'i
Thawri
Laythi
hir
Qurtubi
Jariri
The Hanafi (Arabic: Hanaf) school is one of the four religious Sunni Islamic schools of
jurisprudence (fiqh). It is named after the scholar Ab Hanfa an-Numan ibn Thbit (d. 767),
a tabii whose legal views were preserved primarily by his two most important disciples, Abu
Yusuf and Muhammad al-Shaybani. The other major schools of Sharia in Sunni Islam
are Maliki, Shafi'i and Hanbali.
[1]
[2][3]
Hanafi is the fiqh with the largest followers among Sunni Muslims. It is predominant in the countries
that were once part of the historic Ottoman Empire and Sultanates of Turkic rulers in the Indian
subcontinent, northwest China andCentral Asia. In the modern era, Hanafi is prevalent in the
following regions: Turkey, the Balkans, Syria, Lebanon,Jordan, Palestine, Egypt, parts of Iraq,
the Caucasus, parts
of Russia, Turkmenistan, Kazakhstan, Kyrgyzstan,Tajikistan, Uzbekistan, Afghanistan, Pakistan,
parts of India and China, and Bangladesh.
[4]
[4][5][6]
Contents
[hide]
2 History
3 Views
o
3.1 Apostasy
3.2 Blasphemy
3.3 Stoning
3.4 Violence
3.4.1 Theory of perennial war
3.5 Slavery
4 See also
5 References
6 Further reading
7 External links
Map of the Muslim world. Hanafi (light green) is the Sunni school predominant in Turkey, the Western Middle East, Western and Nile river
region of Egypt, Central Asia, Afghanistan, Pakistan, Bangladesh, and parts of Southeast Europe, India, China and Russia.[4][5] An estimated
one-third of all Muslims worldwide follow Hanafi law.[4]
The sources from which the Hanafi madhhab derives Islamic law are, in order of importance and
preference: the Quran, and the hadiths containing the words, actions and customs of theIslamic
prophet Muhammad (narrated in six hadith collections, of which Sahih Bukhari andSahih Muslim are
the most relied upon); if these sources were ambiguous on an issue, then the consensus of
the Sahabah community (Ijma of the companions of Muhammad), then individual's opinion from the
Sahabah, Qiyas (analogy), Istihsan (juristic preference), and finally local Urf (local custom of
people).
[7]
Abu Hanifa is regarded by modern scholarship as the first to formally adopt and institute analogy
(Qiyas) as a method to derive Islamic law when the Quran and hadiths are silent or ambiguous in
their guidance.
[8]
The foundational texts of Hanafi madhhab, credited to Ab Hanfa and his students Abu
Yusufand Muhammad al-Shaybani, include Al-fiqh al-akbar (theological book on jurisprudence), Alfiqh al-absat (general book on jurisprudence), Kitab al-athar (thousands of hadiths with
commentary), Kitab al-kharaj and Kitab al-siyar (doctrine of war against unbelievers, distribution of
spoils of war among Muslims, apostasy and taxation of dhimmi).
[9][10][11]
History[edit]
As the fourth Caliph, Ali had transferred the Islamic capital to Kufa, and many of the first
generation of Muslims had settled there, the Hanafi school of law based many of its rulings on the
earliest Islamic traditions as transmitted by first generation Muslims residing in Iraq. Thus, the Hanafi
school came to be known as the Kufan or Iraqi school in earlier times. Ali and Abdullah, son of
Masud formed much of the base of the school, as well as other personalities such as Muhammad alBaqir, Ja'far al-Sadiq, and Zayd ibn Ali. Many jurists and historians had lived in Kufa including one of
Abu Hanifa's main teachers, Hammad ibn Sulayman.
[citation needed]
In the early history of Islam, Hanafi doctrine was not fully compiled. The fiqh was fully compiled and
documented in the 11th century.
[12]
The Turkish rulers were some of the earliest adopters of relatively more flexible Hanafi fiqh, and
preferred it over the traditionalist Medina-based fiqhs which favored correlating all laws to Quran and
Hadiths and disfavored Islamic law based on discretion of jurists. The Abbasids patronized the
Hanafi school from the 10th century onwards. The Seljuk Turkish dynasties of 11th and 12th
centuries, followed by Ottomans adopted Hanafi fiqh. The Turkic expansion spread Hanafi fiqh
through Central Asia and into South Asia, with the establishment of Seljuk Empire, Timurid
dynasty, Khanates and Delhi Sultanate.
[13]
[12][13]
Views[edit]
Suleiman the Magnificent, known in the East as "The Lawgiver" for his complete reconstruction of theOttoman legal system according to
Hanafi law.
Apostasy[edit]
Hanafi madhhab consider apostasy, that is the act of leaving Islam or converting to another religion
or becoming an atheist, as a religious crime.
A male apostate must be put to death, if he does
not repent and return to Islam, in Hanafi law; a female apostate must be imprisoned in solitary
confinement and punished until she reverts to Islam.
Hanafi scholars recommend three days of
imprisonment for male apostates before execution, although the delay before killing the former
Muslim is not mandatory. Apostates who are men must be killed, states the Hanafi Sunni fiqh, while
[14][15][16]
[17][18]
women must be held in solitary confinement and beaten every three days till they recant and return
to Islam.
[17]
Hanafi school, as with other Muslim fiqhs, considers apostasy as a civil liability as well. Therefore,
(a) the property of the apostate is seized and distributed to his or her Muslim relatives; (b) his or her
marriage annulled (faskh); (c) any children removed and considered ward of the Islamic state. In
case the entire family has left Islam, or there are no surviving Muslim relatives recognized by Sharia,
the apostate's property is liquidated by the Islamic state (part of fay, ). Women apostates, in
Hanafi school, loses all inheritance rights.
Hanafi Sunni school of jurisprudence allows waiting till
execution, before children and property are seized; other schools do not consider this wait as
mandatory.
[17]
[17]
[19][20]
[21]
Blasphemy[edit]
Hanafi law views blasphemy as synonymous with apostasy, and therefore, accepts the repentance
of apostates. Those who refuse to repent, their punishment is death if the blasphemer is a Muslim
man, and if the blasphemer is a woman, she must be imprisoned with coercion (beating) till she
repents and returns to Islam. If a non-Muslim commits blasphemy, his punishment must be
a tazir(discretionary, can be death, arrest, caning, etc.).
[22]
[23][24]
Stoning[edit]
The sixth Mughal EmperorAurangzeb reading Quran, in early 18th century. He commissioned theFatawa-e-Alamgiri that expanded Islamic
law within Hanafi fiqh boundaries. Composed by 500Medina, Iraqi and Mughal Muslim scholars, the fatwa created social stratification of
Muslims, where one's status determined the person's legal rights and unequal treatment under Islamic law. [25]
Hanafi jurists have held that the accused must be a muhsan at the time of religiously disallowed sex,
to be punished by Rajm(stoning). A Muhsan is an adult, free, Muslim who has previously enjoyed
legitimate sexual relations in matrimony, regardless of whether the marriage still exists. In other
words, stoning does not apply to someone who was never married in his or her life (only lashing in
public is the mandatory punishment in such cases). For evidence, Hanafi fiqh accepts the following:
self-confession, or testimony of four male witnesses (female witness is not acceptable), or contested
pregnancy. In cases of self-confession, the accused is neither bound nor partially buried and allowed
to escape during stoning. In other two, according to Hanafi legal texts, the accused is bound and
partially buried inside a bit in standing position so he or she cannot escape, and then stoning must
be performed till he or she dies.
[26]
[27]
[26]
[26]
Hanafi scholars specify the stone size to be used for Rajm, to be the size of one's hand. It should not
be too large to cause death too quickly, nor too small to extend only pain.
[26]
Violence[edit]
Hanafi legal school has discussed violence and its appropriateness. This discussion has been
controversial and with disagreements. Some modern Hanafi scholars state the requirement of
peaceful methods while some insist that neither self-defense nor action against oppression is
terrorism. Historical Hanafi scholars have stated that all violence is justified when it benefits
Muslims and Islam. For example, the 18th-19th century Hanafi jurist Ibn Abidin supported violence,
and his argument has been explained by other Hanafi scholars as follows:
[28]
[28]
The attacker's purpose should not be suicide. He should have the impression (guman) that he would
succeed, or that damage would be inflicted on the enemy, or that the Muslims would be
emboldened. The effects of the attack are to be measured either by the attacker himself or by his
commander. The purpose of the attack is the elevation of religion or of God's word, not personal
ambition, pride, or tribal or national sentiment.
Mujib al-Rahman
[28]
In early Islamic era, another Hanafi scholar al-Jassas states that pre-emptive killing is justified
when reprimands fail and before the enemy or individual commits a deed that is evil in Islam;
however, the enemy or likely wrongdoer should not be killed if one's own life is likely to be lost in
the effort. Other Hanafi and other fiqh scholars, such as the Shafi'i scholar Wahba
Zuhayli suggest peaceful methods are necessary when Muslim community faces an oppressive
government and unjust laws.
[29]
[28]
The 11th century Hanafi scholar Sarakhsi adopted Shafi'i doctrine of war which was first to
justify, in Islamic theory, that the proper reason to wage war, jihad, on unbelievers, was their
disbelief (kufr).
War must be waged, Shafi'i scholars stated, not merely when the unbelievers
attacked or actively started a conflict with Muslims, but the unbelievers must be attacked
"wherever Muslims may find them", because they are unbelievers. Hanafi scholars, such as
Sarakhsi in his Kitab al-Mabsut, accepted this theory and ruled that Muslims must fight the
unbelievers as "a duty enjoined permanently until the end of time". Similarly, Hanafi texts such
as Al-Hidayah based on Al-Quduri's Mukhtasar states,
[30][31]
[30]
[32]
The rationale for holy war against unbelievers set by early Hanafi scholars continued for
many centuries. For example, Ebussuud Efendi of 16th century, provided ideological
framework to Ottoman Sultans to raid and attack non-Muslim territories for holy war.
However, this historical interpretation and justification for jihadand unprovoked war from
Quran and Hadiths, has been challenged by some modern Islamic scholars.
[33]
[34]
Slavery[edit]
Hanafi scholars derived slave law statutes for the numerous domestic and agricultural
slaves in Ottoman Empire. These included, like other fiqhs, laws on master's ownership
rights, lack of property rights for the slaves, right of male masters to have sex with female
slaves, hereditary slavery for children of slaves, as well as procedures for manumission of
slaves who convert to Islam. However, a distinct feature of Hanafi slave code was the grant
of special rights to soldier slaves of Sultan, who were called Mamluks and Janissaries.
These special slaves served as governors, officials and army commanders on the behalf of
Ottoman Empire rulers.
[33]
[35]
[33][36]
Sultan's slaves, unlike common slaves, had separate rights, were awarded a large portion of
the booty collected during raids on and war with unbelievers (Ghanima). Some of these
ruler's slaves later founded their own dynasties and Islamic Sultanates
in Egypt, Iraq and India.
[37][38][39]
Other views[edit]
The Hanafi school permits a man or a woman, after puberty, to marry without getting
permission of a wali (guardian); the permission is a requirement for adult Muslim women
in other Islamic fiqhs such as Maliki, Shafii, Fatimid Shias, Daudi and Bohras.
However, Hanafi school grants a guardian the right to arrange and give away in
marriage, a minor girl before puberty, without anyone's consent.
[40]
[41][42]
Abu Hanifa, the founder of Hanafi school, states that a divorced wife loses her right to
dower property (brideprice) in khula and mubaraa forms of divorce. Later Hanafi
scholars partially or wholly disagreed with Hanifa, and left it to sharia courts the
discretion to decide. In either case, this dispute is limited to rights relating to dower
(mahr), the divorced wife has no rights in the wealth her divorced husband gained
during marriage.
[43]
[43]
Hanafi school considers the marriage of a person, even if it was coerced, as valid, a
position a few Hanafi scholars disagreed with. Hanafi sharia is also more restrictive,
than other Islamic fiqhs, in the rights it gives a Muslim woman to terminate her marriage.
She can ask a sharia court to annul the marriage on the grounds that her husband is
impotent and unable to consummate the marriage, or that her husband is missing and
presumed dead. In the second case, Hanafi law requires her to wait for very long
periods, often till the natural age of missing man is over, sometimes four years, or at the
discretion of the court.
[44]
[45]
[45][46]
Hanafi scholars consider a child born within two years of a husband's death or a
woman's divorce, as legitimate and from her dead/previous husband. This Hanafi law
was upheld in 20th century by influential muftis.
[47]
Hanafi jurists allow Muslim scholars to charge money for anyone wanting to learn
Quran. Many Hanafi law interpretations also allowed people to charge interest for any
loan they give, a practice that is not supported in other Islamic legal schools for shariacompliant finance.
[48]
[48]
The Hanafi school forbids any alcohol containing drinks that were produced from date or
vine (grapes). However, it permits consumption of alcoholic beverages from non-date
and non-vine sources, under the conditions that it is not consumed in vain, or to a point
where it will intoxicate. Intoxication from any sources is considered religiously unlawful
and that must be punished.
[49]
[50]
[51][52]
Painting of a picture of any living thing (taswir), as well as sculpture of human beings or
animals (anything with a head) from any material, was forbidden and declared unlawful
by Hanafi scholars.
[53][54]
Music, dancing and singing was stated to be unlawful under sharia by Hanafi scholars, a
religious position shared by other Sunni fiqhs.
[55][56]
The Hanafi school teaches that the time of the Asr prayer starts when the length of the
shadow is twice as long as its original objects, while all other schools view that Asr
prayer starts when length of the shadow is as long as its original object.
[citation needed]
Women are not permitted to pray next to men, or lead men in prayer, with the Hanafi
school's justification that "men have a degree of precedence over women" from Quranic
verse 2:228.
By 13th century, Hanafi scholars did not allow Muslim women, of any
age, to go to mosques, because noted 'Abd Allah al-Mawsili, "of the corruption of the
times and the open commission of obscene acts." This view was later adopted by
other Islamic fiqhs such as Maliki in 14th century and Shafi'i in 15th century. In
contemporary times, Hanafi scholars allow Muslim women to go to mosques, but cannot
lead prayers by men, and are permitted but considered makruh (disliked) to lead
prayers by other women.
[57]
[58][59]
[60]
[61]
The Hanafi school considers admission in a court of law to be divisible; that is, a plaintiff
could accept some parts of a defendant's testimony while rejecting other parts. This
position is also held by the Maliki school, though it is opposed by the Zahiris and the
majority of the Hanbalis.
[62]
See also[edit]
List of Hanafis
Sharia
Apostasy in Islam
Salat
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Further reading[edit]
Branon Wheeler, Applying the Canon in Islam: The Authorization and Maintenance of
Interpretive Reasoning in Hanaf Scholarship (Albany, SUNY Press, 1996).
Nurit Tsafrir, The History of an Islamic School of Law: The Early Spread of
Hanafism (Harvard, Harvard Law School, 2004) (Harvard Series in Islamic Law, 3).
Behnam Sadeghi (2013), The Logic of Law Making in Islam: Women and Prayer in the
Legal Tradition, Cambridge University Press, Chapter 6 - The Historical Development
of Hanafi Reasoning, ISBN 978-1107009097
Theory of Hanafi law: Kitab Al-Athar of Imam Abu Hanifah, Translator: Abdussamad,
Editors: Mufti 'Abdur Rahman Ibn Yusuf, Shaykh Muhammad Akram (Oxford Centre of
Islamic Studies), ISBN 978-0954738013
Hanafi theory of war and taxation: Majid Khadduri (1966), The Islamic Law of Nations:
Shaybani's, Johns Hopkins University Press, ISBN 978-0801869754
External links[edit]
Kitab al-siyar al-saghir (Summary version of the Hanafi doctrine of War) Muhammad alShaybani, Translator - Mahmood Ghazi
The Legal Aspects of Marriage according to Hanafi Fiqh Islamic Quarterly London,
1985, vol. 29, no4, pp. 193219
Al-Hedaya, A 12th century compilation of Hanafi fiqh-based religious law, by Burhan alDin al-Marghinani, Translated by Charles Hamilton
Development of family law in Afghanistan: The role of the Hanafi Madhhab Central Asian
Survey, Volume 16, Issue 3, 1997
Islam
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8 See also
Abu Muslim
Al-Dinawari
Al-Farabi
Al-Ghazali
Al-Kindi
Al-Tirmidhi
Ibn Sina
Ibn Taymiya
Ibn Hazm
Tahawi
Imams of Fiqah[edit]
1. Imam Abu Hanifa
2. Imam Ahmad bin Hanbal
3. Imam Shafi
4. Imam Malik bin Anas
5. Imam Shurunbali
6. Imam Muhammad (Student of Imam Abu Hanifa)
7. Imam Abu Yusuf
8. Imam Sheikh Sidi Abd' Rahman
9. Imam Ibn' Ashir
10. Imam Ahmad Raza Khan
11. Imam Shah Walliullah
Imams of Hadith[edit]
Muhammad al-Bukhari
Abu Da'ud
al-Tirmidhi
al-Nasa'i
Ibn Maja
Al-Biruni
Al-Battani (Albatenius)
Al-Buzjani
Al-Farabi (Alpharabius)
Al-Farghani
Al-Ghazali (Algazenl)
Al-Idrisi
Al-Zarnuji
Al-Khwarizmi (Algoritmi)
Al-Kindi (Alkindus)
Al-Masu'di
Al-Mawardi
Ibn al-Baitar
Ibn al-Nafis
Ibn Khaldun
Omar Khayym
Abdolkarim Soroush
Ali Shariati
Bilal Philips
Edip Yuksel
Fazlur Rahman
Fethullah Glen
Harun Yahya
Hassan al Banna
Idries Shah
Inayat Khan
Ismail Al-Faruqi
Israr Ahmed
Leila Ahmed
Muzaffer Ozak
Nasiruddin Albani
Reza Aslan
Rene Guenon
Said Nursi
Shams-ul-haq Azeemabadi
Sherman Jackson
Siraj Wahaj
Tahir Anwar
Yasir Qadhi
Yusuf Estes
Zakir Naik
Ziauddin Sardar
Seveners Imams[edit]
1. Ali ibn Abu Talib
2. Hasan ibn Ali
3. Husayn ibn Ali
4. Ali ibn Husayn (Zayn al-Abidin)
5. Muhammad al-Baqir
6. Jafar Sadiq
7. Isml ibn Jafar
Al-Masudi
Ibn al-Tiqtaqa
Ibn Hisham
Ibn Ishaq
Ibn Kathir
Ibn Khaldoun
Ibn Khallikan
Mahdi ElMandjra
Rashid-al-Din Hamadani
Sayyid Qutb
Tabari
See also[edit]
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Mujaddid
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A mujaddid (Arabic: ), is an Islamic term for one who brings "renewal" (tajdid Arabic: )to the
religion. According to the popular Muslim tradition, refers to a person who appears at the turn of
every century of the Islamic calendar to revive Islam, cleansing it of extraneous elements, and
restoring it to its pristine purity.
[1][2]
The concept is based not on the Quran but on a famous hadith (Prophetic tradition) recorded by Abu
Dawood: Abu Hurairah narrated that the Islamic prophet Muhammad said:
Verily Allah sends to this Ummah (community) at the head of every hundred years someone (or peopl
Sunan Abu Dawood, Book 37: Kitab al-Malahim [Battles], Hadith Number 4278 [3]
Mujaddid tend to come from the most prominent Islamic scholars of the time, although they are
sometimes pious rulers.
[2]
Contents
[hide]
2 References
3 Further reading
4 External links
While there is no formal mechanism for designating a mujaddid, there is often a popular consensus.
The Shia and the Naqshbandi order have their own list of mujaddids.
[2]
Umar II (682720)
[4][5]
[6]
[7]
[7]
Al-Shafii (767820)
[5][8][9]
[7]
[10]
[11]
[5][9]
[8]
[9]
[5][9][12][13][14][15]
[16]
Ibn Daqiq Al-Eid (12281302) Taj al-Din al-Subki maintained that the Muslim community
had agreed that Ibn Daqiq al-'Id was a mujtahid as well as a mujaddid. Ibn Daqiq "was a
mujtahid mutlaq with complete knowledge of legal sciences" (Tabaqat, VI, 2, 3, 6).
[17]
[18]
Ibn Taymiyyah (12631328) Considered as a mujaddid by Salafists. Ibn Taymiyya and his
disciples such as Ibn Qayyim al-Jawziyya were declared wayward by their Shfi'i
contemporaries such as Taqi al-Din al-Subki [d. 1355] and Taj al-Din al-Subki [d. 1370].
[9]
[19]
[20]
[21]
[22]
[4][23]
[24]
[25]
[4]
[10][26]
[27]
[28]
[23]
[29]
[30]
[31]
Al-Kawthari (1879-1951)
[9]
[38]
[40]
[39]
[32][33][34][35]
[37]
[36]
[41]
[43][44]
[46]
[47]
[48]
[49]
[50]
[51]
References
1.
Jump up^ Faruqi, Burhan Ahmad. The Mujaddid's Conception of Tawhid. p. 7. Retrieved31 December 2014.
2.
^ Jump up to:a b c Meri, Josef W. (ed.). Medieval Islamic Civilization: An Encyclopedia. Psychology Press. p. 678.
3.
4.
5.
6.
7.
8.
^ Jump up to:a b c d Josef W. Meri, Medieval Islamic Civilization: An Encyclopedia, (Routledge 1 Dec 2005), p
678. ISBN 0415966906.
Jump up^ Studies in the History of the Sokoto Caliphate: The Sokoto Seminar Papers / edited by Y.B. Usman
^ Jump up to:a b c The Muslim 100: The Lives, Thoughts and Achievements of the Most Influential Muslims in
History by Muhammad Mojlum Khan
^ Jump up to:a b Waliullah, Shah. Izalatul Khafa'an Khilafatul Khulafa. p. 77, part 7.
9.
^ Jump up to:a b c d e f Nieuwenhuijze, C.A.O.van (1997). Paradise Lost: Reflections on the Struggle for
Authenticity in the Middle East. p. 24. ISBN 90 04 10672 3.
10.
^ Jump up to:a b Josef W. Meri, Medieval Islamic Civilization: An Encyclopedia, (Routledge 1 Dec 2005), p
678. ISBN 0415966906
11.
Jump up^ Imam Tahawi has been rightly considered by some nineteenth century authorities as the Mujaddid
(Reformer) of the third century [1]
12.
Jump up^ "Imam Ghazali: The Sun of the Fifth Century Hujjat al-Islam". The Pen. February 1, 2011.
13.
14.
15.
Jump up^ Willard Gurdon Oxtoby, Oxford University Press, 1996, p 421
16.
17.
18.
Jump up^ Law and Legal Theory in Classical and Medieval Islam by Wael B. Hallaq [3]
19.
Jump up^ Ibn Taymiyyah and His Heretical Beliefs - My Religion Islam
20.
Jump up^ Islamic Intellectual History in the Seventeenth Century by Khaled El-Rouayheb
21.
22.
23.
^ Jump up to:a b Azra, Azyumardi (2004). The Origins of Islamic Reformism in Southeast Asiapart of the ASAA
Southeast Asia Publications Series. University of Hawaii Press. p. 18. ISBN 9780824828486.
24.
Jump up^ The Origins of Islamic Reformism in Southeast Asia: Networks of Malay-Indonesian and Middle
Eastern 'Ulama' in the Seventeenth and Eighteenth Centuries by Azyumardi Azra [5]
25.
26.
Jump up^ Glasse, Cyril (1997). The New Encyclopedia of Islam. AltaMira Press. p. 432.ISBN 90 04 10672 3.
27.
Jump up^ "A Short Biographical Sketch of Mawlana al-Haddad". Iqra Islamic Publications.
28.
Jump up^ Kunju, Saifudheen (2012). "Shah Waliullah al-Dehlawi: Thoughts and Contributions". p. 1.
Retrieved 5 April 2015.
29.
30.
Jump up^ "The initial alacrity with which Ibn Ajba set about renewing Gods religion is mirrored by the
moralizing, inward-looking character of many passages of his Tafsr." Esoteric Hermeneutic of Ibn 'Ajiba by Faris Casewit
31.
Jump up^ O. Hunwick, John (1995). African And Islamic Revival in Sudanic Africa: A Journal of Historical
Sources. p. 6.
32.
Jump up^ Muhammad 'Abduh and Rashid Rida: Contributions to the Reinterpretation of Islamic Constitutional
and Legal Theory by Malcolm H. Kerr
33.
34.
35.
Jump up^ Intellectuals in the Modern Islamic World: Transmission, Transformation and Communication (New
Horizons in Islamic Studies) by Stephane A. Dudoignon, Komatsu Hisao, Kosugi Yasushi [6]
36.
Jump up^ Shaikh Muhammad al-Tahir ibn Ashur is the most renowned Zaytuna Imam and one of the great
Islamic scholars of the 20th century. [7]
37.
^ Jump up to:a b Rippin, Andrew. Muslims: Their Religious Beliefs and Practices. p. 282.
38.
Jump up^ Praised by Imam Muhammad Abu Zahra as a Reviver (mujaddid). [8]
39.
40.
Jump up^ Egyptian modernist reformer and rector of al-Azhar. Called for social, legal, and educational reforms.
Pursued an aggressive campaign to integrate modern sciences into al-Azhar's curriculum. Called for the exercise of
ijtihad (independent reasoning) and reconciliation of different schools of Islamic law. Participated in international religious
conferences. Desired a greater role for clergy in government. [9]
Jump up^ Mahmud Shaltut and Islamic Modernism by Kate Zebiri
41.
Jump up^ Muhammad Abu Zahrah was a well-known legal theorist and jurist of 20th. His publishers call him
Imam, ranking him with the great figures of Islamic scholarship of the past, such as Abu Haneefah, Malik, Al-Shafie and
Ibn Hanbal. [10]
42.
43.
44.
Jump up^ Was Imam Ahmad Raza Khan a Mujaddid or a reliable scholar? Are his works
recommended? IslamQA.org
45.
46.
47.
48.
49.
Jump up^ He was an unequalled imam and preacher and the most popular Islamic scholar in the second half
of 1900s, so much so that he won the hearts of millions of people in the Arab and Islamic worlds. [11]
50.
Jump up^ "In this latest generation, I have never seen the highest mujaddid like Ahmad Deedat (in terms of
comparative religion)" An Interview with Sh. Muhammad Awal[12]
51.
Jump up^ Mostafa Mahmoud: The Life Path of a Polymath by Wael Hazem Fouda
Further reading
Alvi, Sajida S. "The Mujaddid and Tajdd Traditions in the Indian Subcontinent: An Historical
Overview" ("Hindistanda Mucaddid ve Tacdd gelenei: Tarih bir bak"). Journal of Turkish
Studies 18 (1994): 115.
Friedmann, Yohanan. "Shaykh Ahmad Sirhindi: An Outline of His Thought and a Study of His
Image in the Eyes of Posterity". Oxford India Paperbacks