Professional Documents
Culture Documents
Maqasid Ash-Shariah
Objectives of Islamic Law
1st 2nd
3rd
4th
th 5
The Relationship
2. The relationship between the two is also explored in the chapter on "Maslih mursalah" (unrestricted benefits) because the science of Maqsid ash-Sharah, in fact, is a science of the interests of Shar`ah and its regulations.
PRESENTATIONS
1. 2. 3. 4. Imam al-Syatibi and his life his academic career Ibnu Taymiyah his life and his academic career Ibnu Qayyim his life and his academic career Contribution of Imam al-Syatibi in Science of Maqasid al-Syariah 5. Contribution of Ibnu Taimiyah in Science of Maqasid al-Syariah 6. Contribution of Ibnu Qayyim in Science of Maqasid alSyariah 7. Contributions of modern Muslim Scholars in Maqasid al-Syariah.
Maqasid Ash-Shariah
Objectives of Islamic Law
TOPIC 7
IJTIHAD
meaning
Jahada
meaning
literally means striving, or self-exertion in any activity which entails a measure of hardship. Juridically, ijtihad mainly consists not of physical, but of intellectual exertion on the part of the jurist.
definition
..total expenditure of effort made by a jurist in order to infer (), with a degree of probability, the rules of Shari'ah from their detailed evidence in the sources..
Excludes..
1. Ijtihad essentially consists of an inference (istinbat) that amounts to a probability (zann), thereby excluding the extraction of a ruling from a clear text. 2. It also excludes the discovery of a hukm by asking a learned person or by consulting the relevant literature without the exercise of one's own opinion and judgment
definition
ruling from a clear text
total expenditure of effort made by a jurist in order to infer (), with a degree of probability, the rules of Shari'ah from their detailed evidence in the sources
Subject of ijtihad
Ijtihad is concerned with the practical rules of Shari'ah which usually regulate the conduct of those to whom they apply (i.e. the mukallaf) Ijtihad may not be exercised in regard to such issues as the createdness of the universe, the existence of a Creator, the sending of prophets, and so forth (aqidah). Similarly, one may not exercise ijtihad on matters such as the obligatory status of the pillars of the faith, or the prohibition of murder, theft, and adultery ()
Subject of ijtihad
Yes
Taklifi zanni
No
Aqidah
The Hukm of Ijtihad (2) - wajib ayn But ijtihad becomes a personal obligation (wajib or fard `ayn) of the qualified mujtahidin urgent cases, that is, when there is fear that the cause of justice or truth may be lost if ijtihad is not immediately attempted. With regard to the mujtahid himself, ijtihad is a wajib 'ayni: he must practice ijtihad in order to find the ruling for an issue that affects him personally. Imitation (taqlid) is forbidden to a mujtahid who is capable of deducing the hukm directly from the sources.
The Hukm of Ijtihad (3) -mandub Furthermore, ijtihad is recommended (mandub) in all cases where:
no particular issue has been referred to the mujtahid, or when it is attempted in the absence of an issue by way of theoretical construction at the initiative of the jurist himself.
Hukm Ijtihad
Kifai
Ayni
Hukm Ijtihad
Mandub
Proof 1 - Quran
1. al-Tawbah (9:122): 'Let a contingent from each division of them devote themselves to the study of religion [li-yatafaqqahu fi'l-din] and warn their people. 2. al-Ankabut (29:69): 'And those who strive [wa'lladhina jahadu] in Our cause, We will certainly guide them in Our paths.'
It is interesting that in this ayah the word subulana ('Our paths') occurs in the plural form, which might suggest that there are numerous paths toward the truth.
Proof 2 - ahadith
The Hadith of Mu`adh b. Jabal, provides a clear authority for ijtihad.(AD) When a judge exercises ijtihad and gives a right judgment, he will have two rewards, but if he errs in his judgment, he will still have earned one reward.(AD) When God favours one of His servants, He enables him to acquire knowledge (tafaqquh) in religion (B)
Proof 3 -consensus
The Companions practiced ijtihad, and their consensus is claimed in support of it.
Proof 4 -rational
The rational argument in support of ijtihad is to be sought in the fact that while the nusus of Shari'ah are limited, new experiences in the life of the community continue to give rise to new problems. It is therefore imperative for the learned members of the community to attempt to find solutions to such problems through ijtihad.
History of shurut
The earliest complete account of the qualifications of a mujtahidis given in Abu' Husayn al-Basri's (d. 436/1044) al-Mu'tamad fi Usul al-Fiqh. The broad outline of al-Basri's exposition was later accepted, with minor changes, by:
al-Shirazi (d. 467/1083), al-Ghazali (d. 505/111 ) and al-Amidi (d. 632/1234).
Brief shurut
1. The mujtahid must be a Muslim 2. A competent person of sound mind who has attained a level of intellectual competence which enables him to form an independent judgment 3. Performs a religious duty 4. Be knowledgeable in the various disciplines of religious learning
Detail shurut
1
Knowledge of Arabic to the extent that enables the scholar to enjoy a correct understanding of the Qur'an and the Sunnah.
2
Must be knowledgeable in the Qur'an, the Makki and the Madinese contents of the Qur'an, the occasions of its revelation (asbab al-nuzul) and the incidences of abrogation therein (nasakh wa mansukh).
3
Must possess an adequate knowledge of the Sunnah, especially that part of it which relates to the subject of his ijtihad.
4
Must know the substance of the furu works and the points on which there is an ijma'.
5
Knowledge of qiyas.
6
Know the objectives (maqasid) of the Shari'ah, which consist of the masalih (considerations of public interest).
7
Must know the general maxims of fiqh.
8
Must be an upright (`adil) person who refrains from committing sins and whose judgement the people can trust.
syurut
Arabic Adil Quran
Maxim
Syurut
Sunnah
Maqasid Qiyas
Ijma
Procedure of Ijtihad
Procedure of Ijtihad
1. In practicing ijtihad, the jurist must first of all look at the nusus of the Qur'an and the Hadith, which must be given priority over all other evidences. Should there be nususs on the matter, then he may resort to the manifest text (zahir) of the Qur'an and Hadith and interpret it while applying the rules pertaining to the general (`amm) and specific (khass), the absolute and the qualified, and so forth, as the case may be.
2. Should there be no manifest text on the subject in the Qur'an and the verbal Sunnah, the mujtahid may resort to the actual (fi'li) and tacitly approved (taqriri) Sunnah. 3. Failing this, he must find out if there is a ruling of ijma` or qiyas available on the problem in the works of the renowned jurists.
4. In the absence of any guidance in these works, he may attempt an original ijtihad along the lines of qiyas. 5. In the absence of a textual basis on which an analogy could be founded, the mujtahid may resort to any of the recognised methods of ijtihad such as istihsan, maslahah mursalah, istishab, etc
procedure
Nususs
Ijma
Qiyas
Recognised methods
. . .
Maqasid Ash-Shariah
Objectives of Islamic Law
The majority of ulema have, however, held that the Prophet in fact practiced ijtihad just as he was allowed to do so. This, it is said, is borne out by the numerous ayat of the Qur'an where the Prophet is invited, along with the rest of the believers, to meditate on the Qur'an and to study and think about the created world. As for the ayah in sura alNajm quoted above, the majority of ulema have held that the reference here is to the Qur'an itself, and not to every word that the Prophet uttered. That this is so is borne out by the use of the pronoun `it' (huwa) in this ayah, which refers to the Qur'an itself. The majority view adds that the occasion for the revelation (sha'n al-nuzul) of this ayah supports this interpretation.
During the third/ninth and fourth/tenth centuries mujtahids, whether independent or affiliated with legal schools, have expressed highly original views on law. Ibn Surayj (d. 306/918), Tabari (d. 310/922), Ibn Khuzayma (d. 311/923), and Ibn Mundhir (d. 316/928) are perfect examples of the independent type.50 In the admission of the eighth/fourteenth-century lawyer Subki, these four mujtahids, though originally Shafi'is, have diverged from the rulings of Shafi'i,51 and as is known, Tabari went further to establish his own school of law.52 The scanty literature from the fourth/tenth century is insufficient to determine precisely what had occurred during this period, but it can be inferred from later sources that the scholars' activity, however creative, had to be contained in a certain school's doctrine, and in essence all teachings had to be attributed to one eponym or another. Like Abu Yusuf (d. 182/798), Shaybani (d. 189/804), and Muzani (d. 264/877), creative scholars of the fourth/tenth century attributed their own doctrines to a great master. By so doing, they could avoid attacks that were the automatic reaction against fissiparous tendencies and could certainly earn immediate recognition once their opinions were put under the aegis of a great jurist such as Shafi'i. The Hanbali experience is a perfect example of this trend. As previously mentioned, Ibn Hanbal established no legal system. Nevertheless, by the end of the fourth/tenth century an elaborate Hanbali doctrine could be discerned. It is therefore evident that the positive law of the Hanbali school was constructed after the death of Ibn Hanbal by later great men like Khallal, Kharaqi, and others who attributed their doctrines to him. Yet, although joining a law school and attributing new ideas to older authorities became the prevailing norm, a number of scholars openly disagreed with the established doctrines of the schools.
Brief history
During the first two and a half centuries of Islam, there was never any attempt at denying a scholar the right to find his own solutions to legal problems. It was only at a later period that the question of who was qualified to practice ijtihad was raised. From about the middle of the third/ninth century, the idea began to gain currency that only the great scholars of the past had enjoyed the right to practice ijtihad. This was the beginning of what came to be known as the `closure of the gate of ijtihad'.
2. 3.
4.
5.
6. 7.
Tutorial 7
19 march 2013
Between maqasid & masolih Dimensions of maqasid Between traditional & contemporary scholars The incident of Bani Quraizah (incident, group, rationale & implications) Khalifah Omar ra practiced maqasid in his judgments. Incident jog around the kakbah Applying zakat in the modern days. Interpretation of the prophetic maqasid (intents) FAQ the answers based on maqasid.
Tutorial 6
Tutorial 7 (classification)
topics
1. 2. 3. 4. Imam al-Syatibi and his life his academic career Ibnu Taymiyah his life and his academic career Ibnu Qayyim his life and his academic career Contribution of Imam al-Syatibi in Science of Maqasid al-Syariah 5. Contribution of Ibnu Taimiyah in Science of Maqasid al-Syariah 6. Contribution of Ibnu Qayyim in Science of Maqasid alSyariah 7. Contributions of modern Muslim Scholars in Maqasid al-Syariah.