ISL-T1 (Ijtihaad) Flashcards
IJTIAHD MEANS and Purpose?
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.
Arabic Word_____ mean Search Out.
“Yastanbitana” from “Istnbat” signifies the search of hidden meaning by the use of Judgement and reason.
Famous Hadith regarding IJTIHAAD?
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.
IJTIHAAD ACC TO PROF N J COULSON?
Ijtihaad is the general process of juristic endeavor ascertainn the tenets of Shariah Law, The person thus engaged in know as
Mujtahid.
Literary Meaning of Ijtihaad?
Striving
Ijtihad started with the formation of _______
FIQH (Jurispudence)
Early Mujtahids?
Aisha, Ibn Abbas, Ibn Umar
Four School of Fiqh?
Imam Abu Hanifa (699-767) Imam Malik (711-795) Imam Shaafi (767-820) Imam Hanbal (780-855)
What is Qiyaas, who started it?
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.
Ijtihaad’s Scope?
Acc to GOLDZIHER, FIQH is like the jurispudential of the Romans, It covers all aspects of religious, political and civil life.
Procedure of Ijthad?
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)
When the doors of Ijtihad Closed?
Close of the third centuary of Hijra.
MUQALLIDS ?
are the subsequent generation who only follow the opinions of their predeccessors, they werent allow to conduct Ijtihaad as the door were closed.
Doors Of Ijtihaad closure effects?
it was considered as Intellectual Disaster
Halted the advancement of the Muslims in social, political and legal areas of life.
Causes of Closure of Ijtihaad’s door?
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.