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Ijtihad

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rami View Drop Down
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    Posted: 22 May 2005 at 6:58am
Bi ismillahir rahmanir rahim

assalamu alaikum

Definition of Ijtihad

-From the root word, Juhd (from which Jihad is derived)

- Ijtihad is exerting or striving of one to his utmost (synonymous with sincerity) abilities to extract rulings and principles compatible with the Shariah. The Quran and Sunnah establish the primary sources and Ijma and Qiyas establish the other two of the four sources for deriving rulings.

-Ijtihad itself in NOT a source of jurisprudence, but is the activity by which one comes to a conclusion of a ruling. Therefor extracting rulings from the primary texts is also Ijtihad; contrary to popular beliefe that ijtihad exists outside of the primary texts. As such it is commonly, but wrongly, interchanged with Qiyas.


Principles of Ijtihad

-La ijtihaada ma'al-nass; There is no Ijtihaad on a matter when the rule is explicitly stated in the Quran and Sunnah, where ther is no possibility of another meaning being derived. For example, "Pray at perscribed times","one hundred stripes"(it is a punishment), etc.

A note: pray at perscribed time is explicitly stated While finding out, what are these times is the Ijtihad.

-All texts that are subject to interpretation or are meant for numerous interpretations, the object of this activity to interpret for understanding is Ijtihad.

-Ijtihad takes the following forms
    -Understanding Texts.
    -Qiyas (in fiqh it means to use analogy to conclude towards a ruling.)
    -Maqaasid as-Shariah

-Ijtihad must lead to the intent of the law giver, Allah Ta'ala.

Note: There can be no Ijtihad for inovation.


Edited by rami
Rasul Allah (sallah llahu alaihi wa sallam) said: "Whoever knows himself, knows his Lord" and whoever knows his Lord has been given His gnosis and nearness.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Suleyman Quote  Post ReplyReply Direct Link To This Post Posted: 22 May 2005 at 7:22am

Originally posted by rami rami wrote:

Bi ismillahir rahmanir rahim

assalamu alaikum



Principles of Ijtihad

-La ijtihaada ma'al-nass; There is no Ijtihaad on a matter when the rule is explicitly stated in the Quran and Sunnah, where ther is no possibility of another meaning being derived. For example, "Pray at perscribed times","one hundred stripes"(it is a punishment), etc.

-Ijtihad must lead to the intent of the law giver, Allah Ta'ala.

Note: There can be no Ijtihad for inovation.

 Es_Selam'un Aleykum ve Rahmetullahi ve Berakatuh,

 Very nice statements brother,i cry for some of the scholars who give fatwas from the opposite side of the Qur'an and Sunnah;while they are so clear to be understood...Wa Salaam...

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Community Quote  Post ReplyReply Direct Link To This Post Posted: 22 May 2005 at 10:53am

22:78 And strive in His cause as ye ought to strive, He has chosen you, and has imposed no difficulties on you in religion; it is the way(trod)of your father Abraham. It is He Who has named you Muslims, both before and in this (Revelation); that the Messenger may be a witness over you, and ye be witnesses over mankind! So establish Prayer(salaat), give Charity, and hold fast to Allah. He is your Protector - the Best to protect and the Best to help!

There is no mention of the word ijtihad in the koran i must note, just jihad, striving for His cause. I have a question for you, In the koran it says that the punishment for an adulterer or adulteress is 100 lashes, after ofcourse the act of adultery has been witnessed by 4 witnesses, there is no mention of stoning of the adulterer or adulteress in the koran, in the hadith there is, but if we look closely we will see that this stoning was for a jewish adulterer, and the jewish law say that the punishment for adultery is stoning, so the prophet saws basically implemented the jewish law when those involved were jewish, so how come "the shari'ah" implements stoning for adultery when it involves muslims?



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Post Options Post Options   Thanks (0) Thanks(0)   Quote Community Quote  Post ReplyReply Direct Link To This Post Posted: 22 May 2005 at 11:23am
salaamun alaikum.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Suleyman Quote  Post ReplyReply Direct Link To This Post Posted: 22 May 2005 at 11:39am
Originally posted by Community Community wrote:

22:78 And strive in His cause as ye ought to strive, He has chosen you, and has imposed no difficulties on you in religion; it is the way(trod)of your father Abraham. It is He Who has named you Muslims, both before and in this (Revelation); that the Messenger may be a witness over you, and ye be witnesses over mankind! So establish Prayer(salaat), give Charity, and hold fast to Allah. He is your Protector - the Best to protect and the Best to help!

There is no mention of the word ijtihad in the koran i must note, just jihad, striving for His cause. I have a question for you, In the koran it says that the punishment for an adulterer or adulteress is 100 lashes, after ofcourse the act of adultery has been witnessed by 4 witnesses, there is no mention of stoning of the adulterer or adulteress in the koran, in the hadith there is, but if we look closely we will see that this stoning was for a jewish adulterer, and the jewish law say that the punishment for adultery is stoning, so the prophet saws basically implemented the jewish law when those involved were jewish, so how come "the shari'ah" implements stoning for adultery when it involves muslims?

Es_Selam'un Aleykum,

 I don't agree...there are so many examples in the life of the last prophet that he made ijtihad with his companions...then you are claiming that there is no fiqh?,think about more...wa salaam...

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Community Quote  Post ReplyReply Direct Link To This Post Posted: 22 May 2005 at 4:00pm
Fiqh?, if you mean the knowledge on how to preform the salat for instance then i say, there are different ways in which muslims preform salat, the basics are all the same but they differ in details, more over the knowledge on how to pray should be passed on through people, not books, the prophet taught his companions and they taught their childeren and others and so on, for us to learn how to pray should depend on whom we trust for that sort of knowledge, the best way is listening to what the person, if what he says is true and good and if the person is of a higher moral standard, basically how much he fears Allah. Nowadays people look into books too much concerning the faith, remember the prophet is the unlettered prophet. Anyway my question still stands for those who believe in the words of man i.e "the scholars" who believe in their set rules and regulations on how to derive "knowledge"....another question is: where did all these regulations and rules come from? if you can prove it please do so with the koran, because i see what trusting man's words does, just look at the jews with their "obey the scholars", and the christians with their "the holy spirit came upon me and i wrote it down it is God's work".
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Suleyman Quote  Post ReplyReply Direct Link To This Post Posted: 22 May 2005 at 7:47pm

Originally posted by Community Community wrote:

Fiqh?, if you mean the knowledge on how to preform the salat for instance then i say, there are different ways in which muslims preform salat, the basics are all the same but they differ in details, more over the knowledge on how to pray should be passed on through people, not books, the prophet taught his companions and they taught their childeren and others and so on, for us to learn how to pray should depend on whom we trust for that sort of knowledge, the best way is listening to what the person, if what he says is true and good and if the person is of a higher moral standard, basically how much he fears Allah. Nowadays people look into books too much concerning the faith, remember the prophet is the unlettered prophet. Anyway my question still stands for those who believe in the words of man i.e "the scholars" who believe in their set rules and regulations on how to derive "knowledge"....another question is: where did all these regulations and rules come from? if you can prove it please do so with the koran, because i see what trusting man's words does, just look at the jews with their "obey the scholars", and the christians with their "the holy spirit came upon me and i wrote it down it is God's work".

 Brother,fiqh includes the knowledge more than salat, please work more on qur'an then u will understand how the scholars take decisions from...i can suggest u a book which i have newly conducted to the board which may help u,it's name is way to the Qur'an,so many answers are waiting u...wa salaam...

a note:the book is at the qur'an and sunnah section...sorry for my short answer,i am outside the discussions...wa salaam...

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Post Options Post Options   Thanks (0) Thanks(0)   Quote rami Quote  Post ReplyReply Direct Link To This Post Posted: 22 May 2005 at 11:43pm
Bi ismillahir rahmanir raheem

Assalamu alaikum

Before i reply i should make something clear, What i posted above are some of the laws Governing the process of ijtihad as defined by our scholars, This is part of Usul al Fiqh not Fiqh it self.

Fiqh means To Understand, it is narated from rasul allah (salla llahu alaihi wa sallam) that he said " He who seeks from Allah for Goodness, Allah will Give him Understanding in the Deen". Fiqh is understanding in the Deen.

I will repeat the defanition of Ijtihad.

- Ijtihad is exerting or striving of one to his utmost (synonymous with sincerity) abilities to extract rulings and principles compatible with the Shariah.

Basicaly ijtihad is the striving or process of extracting Fiqh(or Law as it is known today) from the Shariah.

Saying there is no ijtihad in Islam is not corect since any shaykh which has come up with a new ruling in Islam is doing Ijtihad(extracting rulings).

What you have basicaly said or implied is that it is not permisable "to extract rulings and principles compatible with the Shariah."

The result of your second argument on not trusting scholars is that every person should become his or her own Mujtahid which is kind of contradictory when you ask them to rely on someone they trust.

Please dont be so Quick to label our scholars with terms such as bidah when the only way you have recieved the Quran and ahadith which you trust is through them and the methodology they developed to preserve them. All the scholars of Islam followed a Madhhab and many of them have the madhhab they followed in there names.

When you have a Sytem of Governence like the Khalifha that Government also requires a Law system by which to rule, Islam has Four systems namely the four Madhhabs.

We are not discussing the islamic legal system just one aspect of it, insha allah we can stay on topic.


Edited by rami
Rasul Allah (sallah llahu alaihi wa sallam) said: "Whoever knows himself, knows his Lord" and whoever knows his Lord has been given His gnosis and nearness.
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