Part One: SEERAH (Biographical Sketch) CHAPTER

C:\Users\Admin\Dropbox\The Message - Material of Maulana\16. Books and Review\Apa's Books\Life And 71 CHAPTER 8 The Concept of Ijtihaad in Islam IJTIHAAD as a source of Islamic shariah has the approval of both the Quran and the Sunnah. It is known as ‘inference’ in the Quran (4:83) and Ijtihaad in tradition (sayings of the Prophet). It is first referred to in a famous tradition of the Prophet concerning Muaz ibn Jabal, a companion of the Prophet. The practice of Ijtihaad, according to Muslim jurists (Fuqaha) can take place at two levels: one is collective, which is called Ijma (consensus), while the other is individual in nature and is known as Qiyas (Analogy). Both the Ijma and Qiyas aim at re-application of the principles of the Quran and Sunnah to situations and problems not explicitly covered by these two basic sources of religious legislation. (For details see: Al-Umm, by Imam Shafii) The compilation of the Quran in book form, instead of in the separate portions possessed by the companions, is taken as a historical example of collective Ijtihaad, i.e. Ijma in which all the companions of the Prophet unanimously agreed on the legitimacy of the project. Further details on this subject will be given later on, while Qiyas (analogy) which is generally exercised at the individual level is illustrated by the following. The Quran prohibits the drinking of wine. Similarly, the Prophet’s Sunnah contains a number of prohibiting commandments in this connection. In those times wine was the only intoxicant. That is why the Quran and Sunnah have prohibited wine specifically. But what about drugs like hashish, cocaine, heroin, etc.? The Muslim jurists here applied the principle of Qiyas. The muskir (intoxicant) mentioned in the Hadith (Musnad Ahmad) was further elaborated upon by them to include any substance, liquid or solid, causing “intoxication” and hence like wine, will be considered as haram (prohibited). (Usul al-Fiqh, A.W. Khallaf) One who exercises Ijtihaad is termed “Mujtahid” as opposed to “Muqallid” (one who unquestioningly abides by an established school of law). There is a particular branch of Islamic jurisprudence called “Usul al-Fiqh” (the fundamental principles of jurisprudence), which exclusively deals with this