SOURCES OF ISLAMIC CIVILIZATION

AL-ADILLAT AL- IJTIHADIAH (Exercise Of Judgment)

LITERAL AND TECHNICAL MEANING

Ijtihad was derived from the word Jahada.

Literally means; striving or self-exertion

Technically means; to spend all effort to arrive to the truth.
(al-Ghazali)

AUTHORITY OF IJTIHAD
Ijtihad is validated by the Quran, the Sunnah and the practices of the Companion.

Verses from Quran:

It is not for the Believers to go to forth together: if a contingent from every expedition go forth to devote themselves to studies in religion, and admonish the people when they return to them, that thus they may learn
(at Taubah, 9:122).
Also refer; al-Ankabut (29:69), al-Nisa (4:59 )

The Hadith in which the Prophet (PBUH) said that the Mujtahid will get two rewards if he is correct and one reward if he commits a mistake (Abu Dawood).
Also refer; The hadith in which Muadh bin Jabal replied to the Prophet (SM) that he would resort to Ijtihad.. (Narrated by Abu Dawood).

Narrated Mu'adh ibn jabal: Some companions of Mu'adh ibn jabal said: When the Apostle of Allah (s.a.w) intended to send Mu'adh ibn jabal to the Yemen, he asked: How will you judge when the occasion of deciding a case arises? He replied: I shall judge in accordance with Allah's Book. He asked: (What will you do) if you do not find any guidance in Allah's Book? He replied: (I shall act) in accordance with the Sunnah of the Apostle of Allah (s.a.w). He asked: (What will you do) if you do not find any guidance in the Sunnah of the Apostle of Allah (s.a.w) and in Allah's Book? He replied: I shall do my best to form an opinion and I shall spare no effort. The Apostle of Allah (s.a.w) then patted him on the breast and said: Praise be to Allah Who has helped the messenger of the Apostle of Allah to find something which pleases the Apostle of Allah.

The time of Abu Bakr as-Siddiq

Maymun ibn Mahran summed up Abu Bakr's method of arriving at legal judgments as follows: Whenever a dispute was referred to him, Abu Bakr used to look in the Qur'an; if he found something according to which he could pass a judgment, he did so. If he could not find a solution in the Qur'an, but remembered some relevant aspect of the Prophet's Sunnah, he would judge according to that. If he could find nothing in the Sunnah, he would go and say to the Muslims: 'Such and such a dispute has been referred to me. Do any of you know anything in the Prophet's Sunnah according to which judgment may be passed?'. If someone was able to answer his question and provide relevant information, Abu Bakr would say: 'Praise be to Allah Who has enabled some of us to remember what they have learnt from our Prophet.' If he could not find any solution in the Sunnah, then he would gather the leaders and elite of the people and consult with them. If they agreed on a matter then he passed judgment on that basis.

The subject matter of Ijtihad is the practical rules of Shariah not covered by Nass (the Quran & Sunnah). MEANING: When clear rule is available in the text (Nass), Ijtihad is not applicable.

Ijtihad can be practiced by Competent Scholars who Posses these Features: Good knowledge of Arabic language. He must be knowledgeable in the Quran and the Sunnah and related subjects. He must be knowledgeable of previous scholars on the Ijtihad carried out by them.

 He must know the Maqasid of Shariah. He must be an upright person and must be capable of distinguishing between strong and weak evidence.

IJMA

The word ijma is derived from jama.

Meaning: Collecting, gathering together. Technically: Ijma means composing and settling a thing which has been unsettle and hence determining and resolving upon an affair.

In the terminology of the muslim jurist, ijma means a consensus of opinion of the mujtahids, or agreement of the muslim jurist of a particular age on a question of law.

HISTORY OF IJMA
Imam Abu Hanifah recognized the practice of ijma stated during the time of Companion especially during the time of the four caliph, (ijma ahlul Madeenah).

Examples: Ijtihad/Ijma of the Companions

THE AGREEMENT IS INFERRED IN THREE WAYS

Qaul: the mujtahids expressing their opinion upon the question)

Fil: when there is unanimity in practice

Sukut: when the mujtahids do not controvert an opinion expressed by one or more of them.

Ijma is said to be complete when all the mujtahids of a particular age have come to an agreement on a certain question.

The more mujtahids agreed on a certain question the more weight their opinion would be.

SUM-UP
Ijma is one of the methods of ijtihad in usul al-fiqh; in a wider basis it is always open to correction.

QIYAS

QIYAS: Analogical Reasoning

Qiyas is the process of analogical reasoning from a known injunction (nass) to a new injunction

QIYAS
Literally means measuring the length, weight or quality of something. Technically Qiyas means comparison to establish equality or similarity between two things.

Examples of Analogical Approach in the Quran:

In the language of Usul, Qiyas is the extension of a Shariah ruling from an original case (Asl) to a new case (Far') because the new case has the same effective cause (Illah) as the original case.

Elaboration:
The original case is regulated by a text of the Quran or the Sunnah and Qiyas seeks to extend the original ruling to the new case. The emphasis of Qiyas is identification of a common cause between the original and new case. Jurists do not consider law derived through Qiyas as a new law.

Justification for Validity of Qiyas

Qiyas is a methodology developed by jurists through which rulings in new areas are kept close to the Quran and Sunnah because new rulings are based on the Illah (causes) discovered in the legislation of the Quran and Sunnah. Rulings on new areas could diverge a lot, if Qiyas was not applied.

Example of Qiyas
For example, qiyas is applied to the injunction against wine drinking to create an injunction against cocaine use.

 Identification of a clear, known thing or action that might have bear a resemblance to the modern situation, such as the wine drinking. Identification of the ruling on the known thing. Wine drinking is haraam, prohibited. Identification of the reason behind the known ruling ('illah). For example, wine drinking is haram because it intoxicates. Intoxication is bad because it removes muslims from mindfulness of God. This reason behind the reason is termed hikmah. The reason behind the known ruling is applied to the unknown thing. For instance cocaine use intoxicates the user, removing the user from mindfulness of God. It is therefore prohibited.

The Essential Requirement of Qiyas Are:

Asl (original case, on which a ruling has been given) Hukm (ruling on the original) Illah (cause of ruling in the original case) Far' (new case on which ruling is to be given).

Conditions pertaining to Hukm (a ruling in the original case) are :

1. It must be a practical Sharii ruling (amaliah) Qiyas does not operate in the area of belief).
2. Sharii ruling must not be an abrogated one.

3. The Hukm must be understood through human intellect. (maqulul mana)

4. Hukm must not be limited to exceptional situations eg; such as the prohibition of marriage of widows of the Prophet (SM) with others).

CONCLUSION Law derived through Qiyas can not be of the same authority as that of textual ruling (of Quran or Sunnah).

Find out the illat from the verses given