ISL-T1 (Ijtihaad) Flashcards

1
Q

IJTIAHD MEANS and Purpose?

A

a. Reasoning or the exercise of Judgment.
b. It is the legislative process which makes the legal system of Islam Dynamic and makes its development and evolution in the changing circumstances.
c. its purpose is To make the area of individual and social conduct extensive so the community can progress.

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2
Q

Arabic Word_____ mean Search Out.

A

“Yastanbitana” from “Istnbat” signifies the search of hidden meaning by the use of Judgement and reason.

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3
Q

Famous Hadith regarding IJTIHAAD?

A

MUADH BIN JABAL when appointed as the Governor of Yemen, Prophet asked him that how will he rule his subjects,
he replied “By the law of the Quran”, Prophet argue that if he fail to find anything related than?
He replied “I will apply hadith/Sunnah” The prophet again question that if relevency not there than?
He said that he will excercise his judgement and act on that” The prophet then praised him.

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4
Q

IJTIHAAD ACC TO PROF N J COULSON?

A

Ijtihaad is the general process of juristic endeavor ascertainn the tenets of Shariah Law, The person thus engaged in know as
Mujtahid.

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5
Q

Literary Meaning of Ijtihaad?

A

Striving

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6
Q

Ijtihad started with the formation of _______

A

FIQH (Jurispudence)

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7
Q

Early Mujtahids?

A

Aisha, Ibn Abbas, Ibn Umar

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8
Q

Four School of Fiqh?

A
Imam Abu Hanifa (699-767)
Imam Malik (711-795)
Imam Shaafi (767-820)
Imam Hanbal (780-855)
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9
Q

What is Qiyaas, who started it?

A

Abu Hanifa Al Nauman Ibn Thabit
Qiyaas(Analogical Reasoning) was use by Hanifa, He based his Qiyaas on the quran and it become the fourth source of Islamic Law.

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10
Q

Ijtihaad’s Scope?

A

Acc to GOLDZIHER, FIQH is like the jurispudential of the Romans, It covers all aspects of religious, political and civil life.

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11
Q

Procedure of Ijthad?

A
Four Traditional procedure of IJTIHAAD used by Mujtahids because of its wide sphere.
1 Qiyaas (Analogical Reasoning)
2 Istihsan (Equity) 
3 Istislah (Public Good) 
4 Istidal (Inference)
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12
Q

When the doors of Ijtihad Closed?

A

Close of the third centuary of Hijra.

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13
Q

MUQALLIDS ?

A

are the subsequent generation who only follow the opinions of their predeccessors, they werent allow to conduct Ijtihaad as the door were closed.

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14
Q

Doors Of Ijtihaad closure effects?

A

it was considered as Intellectual Disaster

Halted the advancement of the Muslims in social, political and legal areas of life.

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15
Q

Causes of Closure of Ijtihaad’s door?

A

a. Acc to Prof Montogomery Watt; When muslim rulers become despotic and used govermental pressure on Jurists-Scholars to make judgments which had no precedent in Shariah.
b. Scholar-Jurists intentioanlly make shariah a closed system in order to check the demands of rulers.
c. purpose was to save the shariah from the secular inroads.

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16
Q

A.M.Iqbal Views on Ijtihaad Closure?

A

three reasons

  1. Rise of rationalism and fear in Orthodox circle that unrestricted use of reason would damage the sanctity of Islam
  2. The rise of Mysticism which preached Renunciation and Asceticism (Self Denial)
  3. The sack of Baghdad marked the destruction of the center of Muslim intellectual life
17
Q

Efforts To revive Ijtihaad by Shah Walliullah?

A

“Time has come that religious law of Islam should be brought into open fully dressed in reason and argument”. Hujut Ul Baliga

18
Q

A.M.Iqbal views regarding revival of Ijtihaad?

A

In his opinion, Ijtihaad is an instrument of Change, a movement towards progress and a link b/w permanent values and the requirement of the fast changing life.

19
Q

Proposed Modern Procedure for Ijtihaad?

A

a. Parliament as Ijtihaad Legislative Body (IQBAL)
b. World Islamic Ijtihaad Council (Dr.Hamidullah)
c. Academy of Islamic Jurispudence (Intl Islamic Collegium)

20
Q

What IQBAL proposed for modern Ijtihaad Procedure?

A

a. As Iqbal closely observed the religious and political development in turkey during early 20th cent.

b. the Turkish experiment made him evolve a thesis that
a national legislative assembly is a competent body to exercise Ijtihaad in matters of Religious and Politics in a Muslim society.

21
Q

What Dr.Hamidullah proposed for modern Ijtihaad Procedure?

A

a. A world Ijtihaad Council should be established in capital of an Islamic country represented by the muslims across the globe.
b. The council may carry out independent reasoning for dealing with issues relating to Economic, Political, Social, Scientific, Gender etc.

22
Q

What Academy of Islamic Jurispudence proposed for modern Ijtihaad Procedure?

A

a. It was a collective Ijtihaad tendency in 1958.

b. Suggest to establish Academy of Islamic Jurisprudence and staffed with full time paid scholars, with facilities for research.
c. Scholars should be given the power to interpret the law in acc to modern times.