Last time: Hallaq on Shari’a and Derrida and Deconstruction
What this course is about and its central aims: learning about this esoteric subject, “Islamic law” and how knowledge-formation takes place and is shaped. We began with Derrida to show the nature of critique is both linguistic and historical analysis, with the ‘anti-foundationalism’ of post-structuralism, influencing moves towards reform in Islamic law.
Started with: Hallaq on Shari’a and Derrida and Deconstruction
Contemporary work on the topic has a genealogy that dates back to overcoming Max Weber’s critique of Islamic law as “qadi justice” and later Orientalist scholarship (Schacht) describing it pejoratively as “jurists’ law.”
Most of what we are reading in some way responds to these critiques, but more relevant today perhaps, draws on internal debates and engages with and explains the diversity and depth of debates in Muslim societies both among the ulama and lay persons.
Shari’a is discourse (see below)
USE Fiqh NOT Shari’a:– because (1) the concept of shari’a is both vague and obfuscating and also overly broad in that it includes more than just ‘law,’ while the term figh is a product of human endeavor, and shows that ‘law’ can be revised.
Reform approaches:
Nasr Abu-Zayd - Humanistic hermeneutics
Maqasid of Mohammad Hashim Kamali
Renewal of Al-Qaradawi
Discourse
Discourse (L. discursus, "running to and from") means either "written or spoken communication or debate" or "a formal discussion of debate." The term is often used in semantics and discourse analysis.
Drawing from the work of Michel Foucault, however, discourse has a special meaning. It is "an entity of sequences of signs in that they are enouncements (enoncés)" (Foucault 1969: 141). An enouncement (often translated as "statement") is not a unity of signs, but an abstract matter that enables signs to assign specific repeatable relations to objects, subjects and other enouncements (Ibid: 140). Thus, a discourse constitutes sequences of such relations to objects, subjects and other enouncements. A discursive formation is defined as the regularities that produces such discourses. Foucault used the concept of discursive formation in relation to his analysis of large bodies of knowledge, such as political economy and natural history (Foucault 1970).
Discourse can be observed in the use of spoken, written and sign language and multimodal/multimedia forms of communication, and is not found only in "non-fictional" or verbal materials.
Shari'a – Sum of all God’s rulings on human actions
Shari’a (Arabic: 'شريعة Šarīʿa; [ʃɑˈriːɑ]) is an Arabic word meaning ‘way’ or ‘path’. It is used to refer both to the Islamic system of law and the totality of the Islamic way of life. Shari’a deals with many things, including politics, economics, banking, business, contracts, family, sexuality, hygiene, and social issues.
Islamic law is now the most widely used religious law, and one of the three most common legal systems of the world alongside common law and civil law. During the Islamic Golden Age, classical Islamic law may have influenced the development of common law, and also influenced the development of several civil law institutions.
The term Shari’a derives from the verb "shara'a" ( شرع), which according to Abdul Mannan Omar's "Dictionary of the Holy Qur'an" connects to the idea of "system of divine law; way of belief and practice." [Qur'an 45:18].
The definition of Shari’a could be traced from the verbal Arabic noun “Shari’a” that appears in the Qur’an only once at 45:18. Moreover, its derivative form appears three times at 42:13, 42:21, and 5:51 verses. According to the modern definition, Shari’a is the comprehensive body of Islamic laws that should regulate the public and private aspects of the lives of the Muslims. Shari’a is not a single code of laws; rather, it consists of four sources that legal experts refer to. The first two sources are the Qur’an and the Sunnah, and the other two complementary sources are consensus (ijma) and analogy (qiyas). Moreover, some schools of thought accept other additional sources as secondary sources where the first four primary sources allow.
Legal scholar L. Ali Khan claims that "the concept of shari’a has been thoroughly confused in legal and common literature. For some Muslims, shari’a consists of the Qur'an and Sunnah. For others, it also includes classical fiqh. Most encyclopedias define shari’a as law based upon the Qur'an, the Sunnah, and classical fiqh derived from consensus (ijma) and analogy (qiyas). This definition of shari’a lumps together the revealed with the unrevealed. This blending of sources has created a muddled assumption that scholarly interpretations are as sacred and beyond revision as are the Qur'an and the Sunnah. The Qur'an and the Sunnah constitute the immutable Basic Code, which should be kept separate from ever-evolving interpretive law (fiqh). This analytical separation between the Basic Code and fiqh is necessary to" dissipate confusion around the term Shari’a.
Shari’a has been defined as
* "Muslim or Islamic law, both civil and criminal justice as well as regulating individual conduct both personal and moral. The custom-based body of law based on the Quran and the religion of Islam. Because, by definition, Muslim states are theocracies, religious texts are law, the latter distinguished by Islam and Muslims in their application, as Shari’a or Shari’a law."
* "a discussion on the duties of Muslims," —Hamilton Alexander Rosskeen Gibb
* "a long, diverse, complicated intellectual tradition," rather than a "well-defined set of specific rules and regulations that can be easily applied to life situations," —Hunt Janin and Andre Kahlmeyer
* "a shared opinion of the [Islamic] community, based on a literature that is extensive, but not necessarily coherent or authorized by any single body," —Knut S. Vikor
Mainstream Islam distinguishes between fiqh (deep understanding, discernment), which refers to the inferences drawn by scholars, and shari’a, which refers to the principles that lie behind the fiqh. Scholars hope that fiqh (jurisprudence) and shari’a are in harmony in any given case, but they cannot be sure.
The primary sources of Islamic law are the Qur'an and Sunnah. Certain Shari’a laws are regarded as divinely ordained, concrete, and timeless for all relevant situations. It also has laws derived from principles established over time by Islamic lawyers.
Traditional Sunni Muslims also add the consensus (ijma) of Muhammad's companions (sahaba) and Islamic jurists (ulema) on certain issues, and drawing analogy from the essence of divine principles and preceding rulings (qiyas). In situations where no concrete rules exist under the sources, law scholars use qiyas — various forms of reasoning, including by analogy. The consensus of the community or people, public interest, and others are also accepted as secondary sources where the first four primary sources allow.
Shi'a Muslims reject this approach. They strongly reject analogy (qiyas) as an easy way to innovations (bid'ah), and also reject consensus (ijma) as having any particular value in its own. During the period that the Sunni scholars developed those two tools, the Shi'a Imams were alive, and Shi'a view them as an extension of the Sunnah, so they view themselves as deriving their laws (fiqh) only from the Qur'an and Sunnah. A recurring theme in Shi'a jurisprudence is logic (mantiq), something most Shi'a believe they mention, employ and value to a higher degree than most Sunnis do. They do not view logic as a third source for laws, rather a way to see if the derived work is compatible with the Qur'an and Sunnah.
In Imami-Shi'i law, the sources of law (usul al-fiqh) are the Qur'an, anecdotes of Muhammad's practices and those of The Twelve Imams, and the intellect ('aql). The practices called Shari’a today, however, also have roots in local customs (urf).
Classic Islamic law
The formative period of fiqh stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory. Progress in theory happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767-820), who laid down the basic principles of Islamic jurisprudence in his book Al-Risala. The book details the four roots of law (Qur'an, Sunnah, ijma, and qiyas) while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from careful study of the Arabic language.
A number of important legal concepts and institutions were developed by Islamic jurists during the classical period of Islam, known as the Islamic Golden Age, dated from the 7th to 13th centuries.
Origins
According to Muslims, Shari’a Law is founded on the teachings of Allah and the acts and sayings of Muhammad as found in the Qur'an and the Sunnah. However, shari’a was not fully developed at the time of Muhammad's death, but rather it evolved around the Muslim community or Ummah through which it would serve.
When shari’a began its formation in the deserts of Arabia about 1,400 years ago, the time Islam was born, a sense of community did not exist. Life in the desert was nomadic and tribal, thus the only factor that tied people together into various tribes was through common ancestry. However, the nature of Islam challenged that ideology and brought all those who professed their submission to Islam into the Ummah. Additionally, Islam was not just a religion but a way of life. Laws had to be instilled so the doctrines of shari’a took root. All who are Muslim are judged by shari’a – regardless of the location or the culture.
Shari’a was guided through its development by lifestyles of the tribes in which was initially absorbed into Islam. Thus, through the understandings of the tribe, Islamic law would be a law of the community – for the community by the community – even if initially proposed by an individual "for they could not form part of the tribal law unless and until they were generally accepted as such." Additionally, Noel James Coulson, Lecturer in Islamic law of the University of London, states that "to the tribe as a whole belonged the power to determine the standards by which its members should live. But here the tribe is conceived not merely as the group of its present representatives but as a historical entity embracing past, present, and future generations." So, while "each and every law must be rooted in either the Qur'an or the Sunnah," without contradiction, tribal life brought about a sense of participation. Such participation is further reinforced by Muhammad who stated, "My community will never agree in error".
After the death of Muhammad, shari’a continued to undergo fundamental changes, beginning with the reigns of caliphs Abu Bakr (632–34) and Umar (634–44) in which many decision making matters were brought to the attention of Muhammad's closest comrades for consultation. In AD 662, during the reign of Muawiya b. Abu Sufyan ibn Harb, life ceased to be nomadic, and undertook an urban transformation that created matters not originally covered by Islamic law. Every change of Islamic society has played an active role in developing shari’a, which branches out into Fiqh and Qanun respectively.
Before the 19th century, legal theory was considered the domain of the traditional legal schools of thought. The legal schools followed by most Sunni Muslims were Hanafi, Hanbali, Maliki or Shafi`i. Most Shi’a Muslims followed the Ja'fari school of thought.
Shari'a – may be divided into five main branches:
* ibadah (ritual worship)
* mu'amalat (transactions and contracts)
* adab (morals and manners)
* i'tiqadat (beliefs)
* 'uqubat (punishments)
* The acts of worship, or al-ibadat includes:
o Faith in God (shahadah)
o Prayers (salah)
o Fasts (sawm and Ramadan)
o Charities (zakat)
o Pilgrimage to Mecca (hajj)
* Human interaction, or al-mu'amalat includes:
o Financial transactions as applied to Shari’a-compliant Islamic finance
o Endowments
o Laws of inheritance
o Marriage, divorce, and child care
o Foods and drinks (including ritual slaughtering and hunting)
o Penal punishments
o Warfare and peace
o Judicial matters (including witnesses and forms of evidence)
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Fiqh (Arabic: فقه, [fɪqəh]) is Islamic jurisprudence. Fiqh is an expansion of the Shari’a Islamic law—based directly on the Quran and Sunnah—that complements Shari’a with evolving rulings/interpretations of Islamic jurists.
Fiqh deals with the observance of rituals, morals and social legislation. There are four prominent Sunni schools of Fiqh (Madh'hab) and two schools for the Shi'a. A person trained in fiqh is known as a Faqih (plural Fuqaha).
The word fiqh is an Arabic term meaning "deep understanding" or "full comprehension". Technically it refers to the science of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence)--the process of gaining knowledge of Islam through jurisprudence, and the body of legal advisements so derived, is known as fiqh.
The historian Ibn Khaldun describes fiqh as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respecting what is required (wajib), forbidden (haraam), recommended (mandūb), disapproved (makruh) or merely permitted (mubah)".
This definition is consistent amongst the jurists.
There are cases where the Qur'an gives a clearly defined and concrete answer on how to deal with different issues. This includes how to perform the ritual purification (wudu) before the obligatory daily prayers (salat). On other issues, the Qur'an alone is not enough to make things clear. For example, the Qur'an states one needs to engage in daily prayers (salat) and fast (sawm) during the month of Ramadan, however, it does not define how to perform these duties. The details about these issues can be found in the traditions of Muhammad (Sunnah). This is true for most detailed issues, thus the Qur'an and Sunnah are the basis for the Islamic Divine Law (Shari’a).
With regard to some topics, the Qur'an and Sunnah are simply silent. In those cases, the Muslim jurists (Fuqaha) try to arrive at conclusions using other tools. Sunni jurists use analogy (Qiyas) and historical consensus of the community (Ijma). The conclusions arrived at with the aid of these additional tools constitute a wider array of laws than the Shari’a constitutes of, and is called fiqh. Thus, in contrast to the shari’a, fiqh is not regarded as sacred, and the schools of thought have differing views on its details, without viewing other conclusions as sacrilegious. This division of interpretation in more detailed issues has resulted in different schools of thought (madh'hab).
This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that govern the lives of the Muslims in all facets of everyday life.
Islamic Law
Islamic law (fiqh) covers two main areas, rules in relation to actions and rules in relation to circumstances surrounding actions.
Rules in relation to actions ('amaliyya—عملية) comprise:
* Obligation (fardh)
* Recommendation (Mostahab)
* Permissibility (mubah)
* Disrecommendation (makrooh)
* Prohibition (haram)
Rules in relation to circumstances (wadia') comprise:
* Condition (shart)
* Cause (sabab)
* Preventor (mani)
* Permit/Enforce (rukhsah, azeemah)
* Valid/Corrupt/Invalid (sahih, faasid, batil)
* In time/Debt/Repeat (adaa, al-qadaa, i'ada)
Fiqh is grouped into two parts:
1. Ibadaat (worship) 2. Mua'malaat (dealings & transactions)
Fields of jurisprudence
* Islamic economical jurisprudence فقه المعاملات
* Islamic political jurisprudence فقه السياسة
* Islamic marital jurisprudence
* Islamic criminal jurisprudence فقه العقوبات
* Islamic etiquettical jurisprudence الآداب
* Islamic theological jurisprudence
* Islamic hygienical jurisprudence
* Islamic military jurisprudence فقه الجهاد
Islamic Jurisprudence/Fields Extended
* Islamic economical jurisprudence
o Islamic banking
+ Riba
+ Murabaha
+ Takaful
+ Sukuk
o Islamic inheritance jurisprudence
* Islamic political jurisprudence
o Political aspects of Islam
o Islamic leadership
* Marital
o Islamic marriage contracts
o Mahr
o Nikah
o Nikah Mut‘ah
o Islamic sexual jurisprudence
+ Islam and sexual techniques
+ Islam and masturbation
o Talaq
* Islamic criminal jurisprudence
o Islam and extramarital sex
o Punishment
o Islam and gambling
* Ettiquette
o Sex segregation
o Mahram
o Honorifics
* Islamic theological jurisprudence
o Baligh
o Salat
o Sawm
o Hajj
* Islamic hygienical jurisprudence
o Islamic cleanliness
+ Wudu
+ Ghusl
+ Tayammum
+ Miswak
o Islamic dietary laws
+ Dhabihah – slaughter
+ Alcohol
+ Pork
o Islamic toilet etiquette
o Najis
* Rules of war in Islam
o Ma malakat aymanukum
o Prisoners of war in Islam
Methodologies of jurisprudence usul al-fiqh (أصول الفقه)
The methods used by Muslim jurists are known as usul al-fiqh (principles of jurisprudence). There are different approaches to the methodology used in fiqh to derive principles from the Islamic sources. The main methodologies are:
* The four classical Sunni schools are, in chronological order: the Hanafi school, the Maliki school, the Shafi'i school and the Hanbali school. They represent the generally accepted Sunni authority for Islamic jurisprudence.
* Jafari fiqh, or the Shi'a fiqh
* Qur'an alone fiqh
Other schools are the Zaidi, Zahiri, Sufian Al'thawree, Sufian bin O'yayna, Layth bin Sa'ad, Tabari and Qurtubi schools.
The four schools of Sunni Islam
The four schools (or Madh'hab) of Sunni Islam are each named by students of the classical jurist who taught them. The Sunni schools (and where they are commonly found) are
* Hanafi (Syria, Turkey, Pakistan, the Balkans, Central Asia, Indian subcontinent, Iran, Afghanistan, China and Egypt)
* Maliki (North Africa, the Muslim areas of West Africa, and several of the Arab states of the Persian Gulf)
* Shafi'i (Arabia, Indonesia, Malaysia, Maldives, Egypt, Somalia, Djibouti, Eritrea, Ethiopia, Yemen and southern parts of India)
* Hanbali (Arabia).
These four schools share most of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason (qiyas) in deciding difficulties.
The Hanafi school was the earliest established under the jurist Imam Abu Hanifa, who was born and taught in Iraq. Imam Abu Hanifa (80A.H.–150A.H.), whose real name was Nu'man ibn Thabit, was born in the city of Kufa (modern day Iraq) in the year 80 A.H (689 A.D). Born into a family of tradesmen, the Imam's family were of Persian origin. Under Imam Abu Hanifa, the witr prayer was considered to be compulsory and the Hanafis also differed with other sects in relation to methods of taking ablution, prayers and payment of tithe or zakat. Imam Abu Hanifa also differed with the other three schools in many areas including the type of punishments meted out for various crimes in Islam. On the whole, the Hanafi school of jurisprudence could be said to have the most differences with other three schools.
Students of Imam Malik established the Maliki school of which a majority now can be found in North Africa and some Persian gulf states. Imam Malik, whose real name was Abu Abdullah, Malik bin Anas, was born in Medina in the year 715 AD. His ancestral home was in Yemen, but his grandfather settled in Medina after embracing Islam. He received his education in Medina, which was the most important seat of Islamic learning, and where the immediate descendants of the Muhammad's followers lived. Imam Malik was attracted to the study of law, and devoted himself to the study of fiqh. His principal book, the Kitab al-Muwatta, is one of the earliest surviving books on hadith and fiqh. Differences under the Maliki school included the fact that those following the Maliki school could state their purpose (or niat) once only for compulsory fasting which is valid for the whole month of Ramadhan whilst for the Shafi'ie school (see below), one would have to state his purpose every day of the month of Ramadhan for his fast to be valid the next day.
Ja'fari jurisprudence
The Ja'fari school (Iran, Iraq, Azerbaijan, Lebanon, Afghanistan, Bahrain, Pakistan, India and Saudi Arabia) is associated with Shia Islam. The fatwas, or time and space bound rulings of early jurists, are taken rather more seriously in this school, due to the more hierarchical structure of Shia Islam, which is ruled by the Imams. But they are also more flexible, in that every jurist has considerable power to alter a decision according to his opinion.
The Jafari school uses 'aql "intellect" instead of qiyas in the Sunni schools, when establishing Islamic laws.
Arguments for and against reform
Each school reflects a unique al-urf or culture, that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of isnad which developed to validate hadith made it relatively easy to record and validate also the rulings of jurists, making them far easier to imitate (taqlid) than to challenge in new contexts. The effect is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists.
Early shari’a had a much more flexible character, and many modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.g. as proposed by advocates of the Islamization of knowledge, which would deal with the modern context. This modernization is opposed by most conservative ulema.
The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory.[3] Progress in theory happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767–820), who codified the basic principles of Islamic jurisprudence in his book ar-Risālah. The book details the four roots of law (Qur'an, Sunnah, ijma, and qiyas) while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language.
Sunnah
Sunnah (سنة /ˈsunna/, plural سنن sunan /ˈsunæn/) is an Arabic word that means habit or usual practice. The Muslim usage of this term refers to the sayings and living habits of Muhammad, the prophet of Islam. Recording sunnah was an Arabic tradition, and once people converted to Islam, they brought the tradition to the religion.
The Sunnah of Muhammad includes his specific words, actions, and practices. It is significant to the spirituality of Islam because it addresses ways of life dealing with friends, family, and government.
How far the hadith contributes to the sunnah is disputed, and highly dependent on the context. In the context of Islamic Law, Imam Malik and the Hanafi scholars are assumed to have differentiated between the sunna and the hadith. In some instances, for example, Imam Malik is supposed to have rejected hadiths that reached him because, according to him, they were against the "established practice of the people of Medinah". According to other opinions, sunnah consists of what Muhammad believed, implied or tacitly approved and was noted down by his companions in form of what is today known as hadith.
In Shi'a Islam, the word "Sunnah" means the deeds, sayings and approvals of Muhammad and the twelve Imams who Shi'a Muslims believe were chosen by Muhammad to lead the Ummah—the world Muslim community.
In the context of biographical records of Muhammad, sunnah indeed often stands synonymous to hadith as most of the personality traits of Muhammad are known through descriptions about him, his sayings and his actions, after becoming a prophet at the age of forty.
Sunnah and Hadith
The Sunnah is the manner or deeds of Muhammad and validated by the consensus of companions of Muhammad (Sahaba) in Sunni Islam, and the way or deeds of Muhammad and the twelve Imams in Shi'a Islam, while hadith is a collection of the narrations and approvals. The two words are sometimes taken to be interchangeable, referring to the Traditions, but difference lies depending on the context. Hadith are classified according to their status, in relation to their texts (matn) and their chain of transmitters (isnad). Scholars of Hadith have studied the narrations from their context (matn) as well as from their transmitters (isnad) in order to establish the hadith and discriminate the false ones from the true or proper ones. These were influential in the development of early Muslim philosophy and modern scientific citation. The allegiance to the tribal sunnah, which had been partially replaced during the time of the Prophet by submission to a new universal authority, and the feeling of brotherhood among all Muslims which had replaced Muhammad's death.
Sunnah and Islamic Spirituality
These sayings and ways of Muhammad have not only been recorded and handed down so that he may be known to all generations of Muslims, but also so that his nature can be an example to be followed. There are passages in the Qur'an that command that the prophet be followed, such as 3:32 "Obey Allah and His Messenger."
For Muslims, the spiritual significance of the Sunnah is more than simply doing as Muhammad did; to imitate him helps one to know God and be loved by God. Believers think that if one imitates and embraces the ways of Muhammad, they will also be loved by God. To love and be loved by God is key in Islamic spirituality; one comes to know God through this love, and by living by the Sunnah one lives in constant remembrance of God.
Early Sunni scholars
Early Sunni scholars often considered the sunnah as being equivalent to the sira, as the hadith were poorly validated, and contemporary commentators on Muhammad's life were better known. As the hadith came to be better documented, and the scholars who validated them gained prestige, for some scholars, the sunnah came to be known mostly through the hadith, especially as variant or fictional[citation needed] biographies of Muhammad spread, in part from the Christian world[citation needed]. Classical Islam often equates the sunnah with the hadith.
Modern Sunni scholars
Modern Sunni scholars are beginning to examine both the sira and the hadith, with an eye to justifying modifications to the fiqh, or jurisprudence, which was largely drawn from past interpretations of both. The sunna in one form or another would retain its central role in providing both a moral example (sira) and ethical guidance via Muhammad's own social rules (hadith) in Sunni Islam, and via Muhammad and the twelve Imams in Shi'a Islam.
Traditional view of Sunna
Traditional Muslims, however, believe that verses such as "So they routed them by Allah's leave and David slew Goliath; and Allah gave him the kingdom and wisdom, and taught him of that which he willeth. And if Allah had not repelled some men by others the earth would have been corrupted. But Allah is a Lord of Kindness to (His) creatures." (2:151) justify the Sunna. Many of these sunna had their roots coming from Abraham as it is mentioned in Quran, "Who is better in religion than he who surrendereth his purpose to Allah while doing good (to men) and followeth the tradition of Abraham, the upright? Allah (Himself) chose Abraham for friend" (4:125).
The traditional view holds that the above verses imply that Muhammad's mission is to deliver the message as well as teaching the explanation of the Qur'an and the wisdom behind it to the people; it is not just to relate the verses of the Qur'an and leave.
In addition, the verse: "Verily in the messenger of Allah ye have a good example for him who looketh unto Allah and the Last Day, and remembereth Allah much." (33:21), further emphasizes that Muhammad's example is divinely inspired and to be followed by Muslims.
According to traditional Muslims, the point being emphasized in the verses quoted by the Qur'an alone argument is that Muhammad is not to be worshipped or deified and that his role is to deliver the Qur'an, with comprehensive explanation and guidelines on how to live in the Qur'anic guidelines which have been preserved in Sunnah.
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Hadith
Hadith (Arabic: الحديث al-ḥadīth, pronounced: /ħadiːθ/; pl. aḥadīth; lit. "narrative") are narrations originating from the words and deeds of the Islamic prophet Muhammad. Hadith are regarded by traditional schools of jurisprudence as important tools for understanding the Qur'an and in matters of jurisprudence. Hadith were evaluated and gathered into large collections mostly during the reign of Umar bin Abdul Aziz during the 8th and 9th centuries. These works are referred to in matters of Islamic law and history to this day. The two main denominations of Islam, Shi`ism and Sunnism, have different sets of Hadith collections.
Definition and usage
In Arabic the word hadith means that which is new from amongst things or a piece of information conveyed either in a small quantity or large. The Arabic plural is aḥādīth. Hadith also refers to the speech of a person. As tahdith is the infinitive, or verbal noun, of the original verb form; hadith is, therefore, not the infinitive, rather it is a noun.
In Islamic terminology, the term hadith refers to reports of statements or actions of Muhammad, or of his tacit approval of something said or done in his presence. Classical hadith specialist Ibn Hajar says that the intended meaning of hadith in religious tradition is something attributed to Muhammad, as opposed to the Qur'an. Other associated words possess similar meanings including: khabar (news, information) often refers to reports about Muhammad, but sometimes refers to traditions about his companions and their successors from the following generation; conversely, athar (trace, vestige) usually refers to traditions about the companions and successors, though sometimes connotes traditions about Muhammad. The word sunnah (custom) is also used in reference to a normative custom of Muhammad or the early Muslim community.
Components of a hadith
The two major aspects of a hadith are the text of the report (the matn), which contains the actual narrative, and the chain of narrators (the isnad), which documents the route by which the report has been transmitted.[4] The sanad, literally 'support', is so named due to the reliance of the hadith specialists upon it in determining the authenticity or weakness of a hadith. The isnad consists of a chronological list of the narrators, each mentioning the one from whom they heard the hadith, until mentioning the originator of the matn along with the matn itself.
The first people to hear hadith were the companions who preserved it and then conveyed it to those after them. Then the generation following them received it, thus conveying it to those after them and so on. So a companion would say, “I heard the Prophet say such and such.” The Follower would then say, “I heard a companion say, ‘I heard the Prophet.’” The one after him would then say, “I heard someone say, ‘I heard a Companion say, ‘I heard the Prophet …’’” and so on.
Use
The overwhelming majority of Muslims consider hadith to be essential supplements to and clarifications of the Qur'an, Islam's holy book, as well as in clarifying issues pertaining to Islamic jurisprudence. Ibn al-Salah, a hadith specialist, described the relationship between hadith and other aspect of the religion by saying: "It is the science most pervasive in respect to the other sciences in their various branches, in particular to jurisprudence being the most important of them. The intended meaning of ‘other sciences’ here are those pertaining to religion,” explains Ibn Hajar, “Quranic exegesis, hadith, and jurisprudence. The science of hadith became the most pervasive due to the need displayed by each of these three sciences. The need hadith has of its science is apparent. As for Quranic exegesis, then the preferred manner of explaining the speech of Allah is by means of what has been accepted as a statement of His Prophet. The one looking to this is in need of distinguishing the acceptable from the unacceptable. Regarding jurisprudence, then the jurist is in need of citing as an evidence the acceptable to the exception of the later, something only possible utilizing the science of hadith."
Sacred hadith
Hadith Qudsi' (or Sacred Hadith) are a sub-category of hadith, which are sayings of Muhammad. Muslims regard the Hadith Qudsi as the words of God repeated by Muhammad and recorded on the condition of an isnad. According to as-Sayyid ash-Sharif al-Jurjani, the Hadith Qudsi differ from the Qur'an in that the former were revealed in a dream or through revelation and are "expressed in Muhammad's words", whereas the latter are the "direct words of God."
An example of a Hadith Qudsi is the hadith of Abu Hurayrah who said that the Messenger of God said:
"When God decreed the Creation He pledged Himself by writing in His book which is laid down with Him: My mercy prevails over My wrath."
History of Hadith
Traditions of the life of Muhammad and the early history of Islam were passed down mostly orally for more than a hundred years after Muhammad's death in AD 632. Muslim historians say that Caliph Uthman (the third khalifa, or successor of Muhammad, who had formerly been Muhammad's secretary), was the first to urge Muslims to write the Qur'an in a fixed form, and to record the hadith. Uthman's labours were cut short by his assassination, at the hands of aggrieved soldiers, in 656. No sources survive directly from this period so we are dependent on what later writers tell us about this period.
By the 9th Century the number of Hadiths had mushroomed. The wide acceptance that many of these traditions were fabricated stimulated the development for assessing Hadith. Scholars of the Abbasid period were faced with a huge corpus of miscellaneous traditions, some of them flatly contradicting each other. Many of these traditions supported differing views on a variety of controversial matters. Scholars had to decide which hadith were to be trusted as authentic and which had been invented for political or theological purposes. To do this, they used a number of techniques which Muslims now call the science of hadith.
The Sunni canon of hadith took its final form more than 230 years after the death of Muhammad (632 AD). Later scholars may have debated the authenticity of particular hadith but the authority of the canon as a whole was not questioned. This canon, called the Six major Hadith collections, includes: Sahih Bukhari, Sahih Muslim, Sunan Abu Dawud, Sunan al-Sughra, Sunan al-Tirmidhi and Sunan Ibn Majah. Sahih Bukhari and Sahih Muslim are considered the most reliable of these collections.
Science of hadith
The science of hadith, `Ulum al-hadith), is a method of evaluation developed by early Muslim scholars in determining the veracity of reports attributed to Muhammad. This is achieved by analyzing the text of the report, the scale of the report's transmission, the routes through which the report was transmitted, and the individual narrators involved in its transmission. On the basis of these criteria, various classifications were devised for hadith. The earliest comprehensive work on the science of hadith was Abu Muhammad al-Ramahurmuzi's al-Muhaddith al-Fasil, while another significant work was al-Hakim al-Naysaburi's Ma‘rifat ‘ulum al-hadith. Ibn al-Salah's `Ulum al-hadith is considered the standard classical reference on the science of hadith.
Hadith terminology
By means of Hadith terminology, hadith are categorized as sahīh (sound, authentic), da‘īf (weak), or mawdū‘ (fabricated). Other classifications used also include: hasan (good), which refers to an otherwise sahīh report suffering from minor deficiency, or a weak report strengthened due to numerous other corroborating reports; and munkar (ignored) which is a report that is rejected due to the presence of an unreliable transmitter contradicting another more reliable narrator.[13] Both sahīh and hasan reports are considered acceptable for usage in Islamic legal discourse. Classifications of hadith may also be based upon the scale of transmission. Reports that pass through many reliable transmitters at each point in the isnad up until their collection and transcription are known as mutawātir. These reports are considered the most authoritative as they pass through so many different routes that collusion between all of the transmitters becomes an impossibility. Reports not meeting this standard are known as ahad, and are of several different types.
Biographical evaluation
Another area of focus in the study of hadith is biographical analysis (‘ilm al-rijāl, lit. "science of people"), in which details about the transmitter are scrutinized. This includes analyzing their date and place of birth; familial connections; teachers and students; religiosity; moral behaviour; literary output; their travels; as well as their date of death. Based upon these criteria, the reliability (thiqāt) of the transmitter is assessed. Also determined is whether the individual was actually able to transmit the report, which is deduced from their contemporaneity and geographical proximity with the other transmitters in the chain.[14] Examples of biographical dictionaries include: Abd al-Ghani al-Maqdisi's Al-Kamal fi Asma' al-Rijal, Ibn Hajar al-Asqalani's Tahdhīb al-Tahdhīb and al-Dhahabi's Tadhkirat al-huffaz.
Views of other Islamic denominations
While the above is representative of Sunni Islam, these are the views regarding hadith according to other denominations.
Shi'a view
Although Twelver Shi'ism is by far the largest branch of Shi'i Islam, there are various branches within Shi'ism and within each branch, various traditions of scholarship. Each branch and scholar may differ as to the hadith to be accepted as reliable and those to be rejected.[citation needed]
Shi'a Muslims do not use the Six major Hadith collections followed by the Sunni, instead, their primary hadith collections are written by three authors who are known as the `Three Muhammads`. They are: Usul al-Kafi by Muhammad ibn Ya'qub al-Kulayni al-Razi(329 AH), Man la yahduruhu al-Faqih by Muhammad ibn Babuya and Al-Tahdhib and Al-Istibsar both by Shaykh Muhammad Tusi. Unlike Akhbari
Twelver Shi'a, Usuli Twelver Shi'a scholars do not believe that everything in the four major books are sahih.
Ibadi view
Ibadi Islam (found mainly in the Arabian kingdom of Oman) accepts many Sunni hadith, while rejecting others, and accepts some hadith not accepted by Sunnis. Ibadi jurisprudence is based only on the hadith accepted by Ibadis, which are far less numerous than those accepted by Sunnis. Several of Ibadism's founding figures - in particular Jabir ibn Zayd - were noted for their hadith research, and Jabir ibn Zayd is accepted as a reliable narrator by Sunni scholars as well as Ibadi ones.
The principal hadith collection accepted by Ibadis is al-Jami'i al-Sahih, also called Musnad al-Rabi ibn Habib, as rearranged by Abu Ya'qub Yusuf b. Ibrahim al-Warijlani. Most of its hadith are reported by Sunnis, while several are not. The rules used for determining the reliability of a hadith are given by Abu Ya'qub al-Warijlani, and are largely similar to those used by Sunnis; they criticize some of the companions, believing that some were corrupted after the reign of the first two caliphs. The Ibadi jurists accept hadith narrating the words of Muhammad's companions as a third basis for legal rulings, alongside the Qur'an and hadith relating Muhammad's words.
Orientalist views
Early Western exploration of Islam consisted primarily of translation of the Qur'an and a few histories, often supplemented with disparaging commentary. In the nineteenth century, scholars made greater attempts at impartiality, and translated and commented upon a greater variety of texts. By the beginning of the twentieth century, Western scholars of Islam started to critically engage with the Islamic texts, subjecting them to the same agnostic, searching scrutiny that had previously been applied to Christian texts (see higher criticism). Ignaz Goldziher is the best known of these turn-of-the-century critics, who also included D. S. Margoliuth, Henri Lammens, and Leone Caetani. Goldziher writes, in his Muslim Studies: "... it is not surprising that, among the hotly debated controversial issues of Islam, whether political or doctrinal, there is not one in which the champions of the various views are unable to cite a number of traditions, all equipped with imposing isnads.
Contemporary Western scholars of hadith include: Herbert Berg, Fred M. Donner and Wilferd Madelung. Madelung has immersed himself in the hadith literature and has made his own selection and evaluation of tradition. Having done this, he is much more willing to trust hadith than many of his contemporaries. Madelung said of hadith: "Work with the narrative sources, both those that have been available to historians for a long time and others which have been published recently, made it plain that their wholesale rejection as late fiction is unjustified and that with [not without] a judicious use of them, a much more reliable and accurate portrait of the period can be drawn than has been realized so far."
Harald Motzki said: "The mere fact that ahadith and asanid were forged must not lead us to conclude that all of them are fictitious or that the genuine and the spurious cannot be distinguished with some degree of certainty."
Some Muslim scholars have undergone Western academic training and attempted to mediate between the traditional Muslim and the secular Western view. Notable among these was Fazlur Rahman Malik (1919-1988) who argued that while the chain of transmission of the hadith may often be spurious, the matn can still be used to understand how Islam can be lived in the modern world.[citation needed] Liberal movements within Islam tend to agree with Rahman's views to varying degrees.
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Companions
In Islam, the Ṣaḥābah (Arabic: الصحابة, IPA: [Ṣaḥābah], "Companions") were the companions of the Islamic prophet Muḥammad. This form is plural; the singular is masculine ṣaḥābiyy, feminine ṣaḥābiyyah. A list of the best-known companions can be found in the List of Sahaba.
Definitions of "Companion"
Most Sunnis regard anyone who, in the state of faith, saw Muhammad to be a ṣaḥābiyy. Lists of prominent companions usually run to fifty or sixty names, being the people most closely associated with Muhammad. However, there were clearly many others who had some contact with Muhammad, and their names and biographies were recorded in religious reference texts such as Ibn Sa'd al-Baghdadi's (Muḥammad ibn Sa'd) early Kitāb at-Tabāqat al-Kabīr (The book of The Major Classes).
Muhammad ibn Ahmad Efendi (died 1622), who is also known with the sobriquet "Nişancızâde", the author of the book entitled Mir’ât-i-kâinât (in Turkish), states as follows: "Once a male or female Muslim has seen Hadrat Muhammad only for a short time, no matter whether he/she is a child or an adult, he/she is called a Sahaba with the proviso of dying with as a believer; the same rule applies to blind Muslims who have talked with the Prophet at least once. If a disbeliever sees the Prophet and then joins the Believers after the demise of Muhammad, he is not a Sahaba; nor is a person called a Sahaba if he converted to Islam afterwards although he had seen the Prophet Muhammad as a Muslim. A person who converts to Islam after being a Sahaba and then becomes a Believer again after the demise of Prophet Muhammad, is a Sahaba."
It was important to identify the companions because later scholars accepted their testimony (the hadith, or traditions) as to the words and deeds of Muhammad, the occasions on which the Qur'an was revealed, and various important matters of Islamic history and practice (sunnah). The testimony of the companions, as it was passed down through chains of trusted narrators (isnads), was the basis of the developing Islamic tradition.
Other links in the Chain of Isnad
Because the hadith were not written down until many years after the death of Muhammad, the isnads, or chains of transmission, always have several links. The first link is preferably a companion, who had direct contact with Muhammad. The companion then related the tradition to a Tabi‘un, the companion of the companion. Tabi‘un had no direct contact with Muhammad, but did have direct contact with the Ṣahāba. The tradition then would have been passed from the Tabi‘un to the Tābi‘ at-Tābi‘īn, the third link.
The second and third links in the chain of transmission were also of great interest to Muslim scholars, who treated of them in biographical dictionaries and evaluated them for bias and reliability. Shi'a and Sunni apply different metrics.
Numbers of companions
Some Muslims assert that there were more than two hundred thousand companions. One hundred twenty four thousand are believed to have witnessed the last sermon Muhammad delivered after making his last pilgrimage, or Hajj, to Mecca.
The book entitled Istî’âb fî ma’rifat-il-Ashâb by Hafidh Yusuf bin Muhammad bin Qurtubi (death 1071) consists of two thousand and seven hundred and seventy biographies of male Sahaba and three hundred and eighty-one biographies of female Sahaba. According to an observation in the book entitled Mawâhib-i-ladunniyya, an untold number of persons had already converted to Islam by the time Muhammad died. There were ten thousand Sahaba by the time Mecca was conquered and seventy thousand Sahaba during the Battle of Tabouk in 630.
Views of the companions
The two largest Muslim denominations, the Sunni and Shi'a, take very different approaches in weighing the value of the companions' testimony.
Sunni view of the Sahaba
According to Sunni scholars, Muslims of the past should be considered companions if they had any contact with Muhammad, and they were not liars or opposed to him and his teachings. If they saw him, heard him, or were in his presence even briefly, they are companions. Blind people are considered companions even if they could not see Muhammad. Even unlearned Muslims are considered companions. However, anyone who died after rejecting Islam and becoming an apostate is not considered a companion. "Whom God is pleased with" (Arabic: رضي الله عنه raḍiyu l-Lāhu ‘anhu) is usually mentioned by Sunnis after the names of the Sahaba.
Regard for the Companions is evident from the ahadith:
It was narrated from ‘Abd-Allah ibn Mas’ud that Muhammad said: "The best of the people are my generation, then those who come after them, then those who come after them."
Sunni Muslim scholars classified companions into many categories, based on a number of criteria. The hadith quoted above shows the rank of ṣaḥābah, tābi‘īn, and tābi‘ at-tābi‘īn. Imam al-Suyuti recognized eleven levels of companionship. However, all companions are assumed to be just (udul) unless they are proven otherwise; that is, Sunni scholars do not believe that companions would lie or fabricate hadith unless they were proven to be liars, untrustworthy or opposed to Islam.
Shi'a view of the Sahaba
Shi'a Muslims do not accept all companions as just. The Shi'a believe that after the death of Muhammad, the majority of the sahabah turned aside from true Islam and deviated from Muhammad's family, instead electing the caliph by themselves. Although some of the sahabah repented later, only a few of the early Muslims held fast to Ali, whom Shi'a Muslims regard as the rightful successor to Muhammad. Shi'a scholars therefore deprecate hadith believed to have been transmitted through unjust companions, and place much more reliance on hadith believed to have been related by Muhammad's family members and companions who supported Ali.
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Tafsir of the Quran
Tafsir (Arabic: تفسير, tafsīr, "interpretation") is the Arabic word for exegesis or commentary, usually of the Qur'an. It does not include esoteric or mystical interpretations, which are covered by the related word Ta'wīl. An author of tafsīr is a mufassir (Arabic: 'مُفسر, mufassir, plural: Arabic: مفسرون, mufassirūn).
Tafsir (Arabic: تفسير, tafsīr, "interpretation") is the Arabic word for exegesis or commentary, usually of the Qur'an. It does not include esoteric or mystical interpretations, which are covered by the related word Ta'wīl. An author of tafsīr is a mufassir (Arabic: 'مُفسر, mufassir, plural: Arabic: مفسرون, mufassirūn). The text of the Qur’an consists of 114 chapters of varying lengths, each known as a sura. Chapters are classed as Meccan or Medinan. Each sura, except the ninth commences, with the Basmala. The Quran contains 6,236 ayat.
The Sources of Tafsīr (Uṣūl al-Tafsīr)
There are two approaches to interpreting the Qur'an, a) based on tradition and b) based on language, context and context of situation of the text. In the former approach there are four traditional sources for commentary of the Qur'an:
1. The Quran: The highest form of tafsīr is when one verse of the Quran is used to explain another.
2. The Ḥadīth: the second highest grade of tafsīr is where Muhammad commented on the meaning or virtues of particular verses of the Quran, and those statements have been passes down to us. Many of the great collections of Ḥadīth have separate sections about tafsīr.
3. The reports of the Ṣaḥābah: The Ṣaḥābah, or companions of Muhammad, also interpreted and taught the Quran. If nothing is found in the Quran or the Hadīth, the commentator has recourse to what the Ṣaḥābah reported about various verses.
4. The reports of the Tābi'ūn, the next generation who learned from the Ṣaḥābah: these people grew up with people who had enjoyed everyday interaction with Muhammad, and had often asked about the meanings of verses or circumstances of their revelation.
In the latter approach there are numerous sources of interpretation which include: a) Historical Sources There are two types of historical resources of interpretation, (i) foundational and absolutely authentic and (ii) secondary and supportive. The Qur’ān, alone is the basic and foundational resource while the sound aḥādīth (the prophetic traditions), established historical facts and the Scriptures of the earlier nations constitute the ancillary and secondary resource.
b) Linguistic Resources The classical Arabic poetry and the text of the Qur’an are two resources which can be used as foundational reference in ascertaining the meaning and signification of the remaining literal and figurative diction of the Qur’ān and its style of expression. Many of the words of the Qur'an have remained in continuous usage from the time of its revelation to this day. This makes them known to all.
It needs to be appreciated that in this approach all the sources of Qur'an interpretation are to be used in the light of the principles of coherence in the Qur'an. This approach was introduced and attracted scholars in the last century especially in Indian sub-continent and Eypt. In India it was Farahi championed this approach in his prolegomena to his Tafsir entitled Nizam al-Qur'an. In Egypt it was adopted by Rashid Rida and others.
Approaches of tafsir
The standard approach taken by any major Tafsir (like at-Tabari and Ibn Kathir) is very conservative for the following reasons
* The Quran states that it is made easy to understand (V11:1, V41:3, V41:44, V54:17, V54:22, V54:32, V54:40 and in many other places) so no one is allowed to divert its literal meaning.
* Prophet Muhammad said:
وقال رسول الله (صلى الله عليه وسلم): من قال في القرآن برأيه فأصاب فقد أخطأ (أي أخطأ في فعله بقيله فيه برأيه وإن وافق قيله ذلك عين الصواب) translation: the one who interprets Quran from his own point of view and he was right then he erred. Err here refers to the act of trying to interpret Quran the wrong way, which means no guessing should be made, trying to know the meaning should only be based on authentic sources and certain reasoning.
* Abu Bakr (the companion of prophet Muhammad) said:
قال أبو بكر الصديق (رضي الله عنه): أي أرض تقلني وأي سماء تظلني إذا قلت في القرآن ما لا أعلم !
Translation: If I say what I don't know about the Quran, which land shall hold me, and which sky shall I be beneath? (I.e., I can't imagine myself in such a position.)
This can be seen in the introduction of any major Tafsir.
The standard approach of Tafsir depends on
* Interpreting Qur'an by Qur'an. Because what is made brief in a place, it is detailed in another.
it mentioned in Quran { الر كِتَابٌ أُحْكِمَتْ آَيَاتُهُ ثُمَّ فُصِّلَتْ مِنْ لَدُنْ حَكِيمٍ خَبِيرٍ } meaning translation { ALR. (This is) a Book, with verses basic or fundamental (of established meaning), further explained in detail,- from One Who is Wise and Well-acquainted (with all things) } (Quran V11:1)
* The Sunnah (traditions of prophet Muhammad) is another source as it mentioned in Quran that
{ بِالْبَيِّنَاتِ وَالزُّبُرِ وَأَنْزَلْنَا إِلَيْكَ الذِّكْرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيْهِمْ وَلَعَلَّهُمْ يَتَفَكَّرُونَ } meaning translation { (We sent them) with Clear Signs and Books of dark prophecies; and We have sent down unto thee (also) the Message; that thoumayest explain clearly to men what is sent for them, and that they may give thought. } (Quran V16:44) and { وَمَا أَنْزَلْنَا عَلَيْكَ الْكِتَابَ إِلَّا لِتُبَيِّنَ لَهُمُ الَّذِي اخْتَلَفُوا فِيهِ وَهُدًى وَرَحْمَةً لِقَوْمٍ يُؤْمِنُونَ } meaning translation { And We sent down the Book to thee for the express purpose, that thou shouldst make clear to them those things in which they differ, and that it should be a guide and a mercy to those who believe. } (Quran V16:64)
* Quran is sent down in the clear language (Arabic) which have a systematic way of shaping words (see morphology) one can know the meaning by knowing the root and the form the word was coined from.
It is mentioned in Quran {بِلِسَانٍ عَرَبِيٍّ مُبِينٍ} meaning {In the perspicuous Arabic tongue.} (Quran V26:195)
There are various approaches to interpret the Qur'an--
* Interpretation of the Qur'an by the Qur'an: Because of the close interrelatedness of the verses of the Qur'an with one another, the Qur'anic verses explain and interpret one another.[1] Many verses or words in the Qur'an are explained or further clarified in other verses of the Qur'an.[2] Tafsir al-Mizan is an example of this kind.
* Interpretation of the Qur'an by the Hadith: In this approach the most important external aids used in interpreting the meanings of the Qur'an are the hadith — the collected oral traditions upon which Muslim scholars (the ulema) based Islamic history and law. While certain hadith — the hadith qudsi — are thought to reflect non canonical words spoken by God to Muhammad, Muslims do not consider these to form any part of the Qur'an.
* Interpretation of the Qur'an by the History: Most commentators considered it extremely important for commentators to explain how the Qur'an was revealed—when and under which circumstances. Much commentary, or tafsir, was dedicated to history. The early tafsir are considered to be some of the best sources for Islamic history. Famous early commentators include at-Tabari and Ibn Kathir.
(These classic commentaries usually include all common and accepted interpretations; modern fundamentalist commentaries like that written by Sayyed Qutb tend to advance only one of the possible interpretations.)
Commentators feel fairly sure of the exact circumstances prompting some verses, such as Surah Iqra, or many parts, including ayat 190-194, of surat al-Baqarah. In other cases (eg Surat al-Asr), the most that can be said is which city Muhammad was living in at the time (dividing between Meccan and Medinan suras.) In some cases, such as surat al-Kawthar, the details of the circumstances are disputed, with different traditions giving different accounts.
* Theologies approach: Theologists are divided into myriad of sects; and each group clung to the verse that seems to support its belief and try to explain away what was apparently against it.
The seed of sectarian differences was sown in academic theories or, more often than not, in blind following and national or tribal prejudice; but it is not the place to describe it even briefly. However, such exegesis should be called adaptation, rather than interpretation. There are two ways of interpreting a verse — One may say: "What does the Qur’an say?" Or one may say: "How can this verse be explained, so as to fit on my belief? " The difference between the two approaches is quite clear. The former forgets every preconceived idea and goes where the Qur’an leads him to. The latter has already decided what to believe and cuts the Qur’anic verses to fit on that body; such an exegesis is no exegesis at all.
* Philosophic approach: The philosophers try to fit the verses on the principles of Greek philosophy (that was divided into four branches: Mathematics, natural science, divinity and practical subjects including civics). If a verse was clearly against those principles it was explained away. In this way the verses describing metaphysical subjects, those explaining the genesis and creation of the heavens and the earth, those concerned with life after death and those about resurrection, paradise and hell were distorted to conform with the said philosophy. That philosophy was admittedly only a set of conjectures — unencumbered with any test or proof; but the Muslim philosophers felt no remorse in treating its views on the system of skies, orbits, natural elements and other related subjects as the absolute truth with which the exegesis of the Qur'an had to conform.
* Scientific approach:Some people who are deeply influenced by the natural and social sciences followed the materialists of Europe or the pragmatists. Under the influence of those secular theories, they declared that the religion's realities cannot go against scientific knowledge. one should not believe except that which is perceived by any one, of the five senses; nothing exists except the matter and its properties. What the religion claims to exist, but which the sciences reject -like The Throne, The Chair, The Tablet and The Pen — should be interpreted in a way that conforms with the science; as for those things which the science is silent about, like the resurrection etc., they should be brought within the purview of the laws of matter; the pillars upon which the divine religious laws are based — like revelation, angel, Satan, prophethood, apostleship, Imamah (Imamate) etc. - are spiritual things, and the spirit is a development of the matter, or let us say, a property of the matter; legislation of those laws is manifestation of a special social genius, who ordains them after healthy and fruitful contemplation, in order to establish a good and progressive society. They believe one cannot have confidence in the traditions, because many are spurious; only those traditions may be relied upon which are in conformity with the Book. As for the Book itself, one should not explain it in the light of the old philosophy and theories, because they were not based on observations and tests — they were just a sort of mental exercise which has been totally discredited now by the modem science.
* Sufistic: It is an interpretation of the Qur’an which includes attribution of esoteric or mystic meanings to the text by the interpreter. In this respect, its method is different from the conventional exegesis of the Qur’an, called tafsir. Esoteric interpretations do not usually contradict the conventional (in this context called exoteric) interpretations; instead, they discuss the inner levels of meaning of the Qur'an. A hadith from Muhammad which states that the Qur’an has an inner meaning, and that this inner meaning conceals a yet deeper inner meaning, and so on (up to seven levels of meaning), has sometimes been used in support of this view. Islamic opinion imposes strict limitations on esoteric interpretations specially when interior meaning is against exterior one.
Esoteric interpretations are found mainly in Sufism and in the sayings (hadiths) of Shi'a Imams and the teachings of the Isma'ili sect. But the Prophet and the imams gave importance to its exterior as much as to its interior; they were as much concerned with its revelation as they were with its interpretation.[3]
Prohibited tafsir
Muslims believe that it is prohibited to perform Qur'anic interpretation using solely one's own opinion. This, they base on an authenticated hadith of Muhammad which states that it is prohibited.
Imam al-Ghazali qualifies this tradition, with the following understanding:
"The truth is that prophetic Traditions (akhbar) and statements of the Prophet's companions and of other pious Muslims in early Islam (athar) prove that 'for men of understanding there is wide scope in the meanings of the Qur'an'. Thus 'Ali (may God be pleased with him!) said, 'except that God bestows understanding of the Qur'an upon a man.' If there is no meaning other than that which is related [from Ibn 'Abbas and other exegetes] what is that understanding of the Qur'an [which is bestowed upon a man]? The Prophet (may God bless him and greet him) said, 'Surely the Qur'an has an outward aspect, an inward aspect, a limit and a prelude.' This is also related. by Ibn Mas'ud on his own authority and he is one of the scholars of Qur'anic interpretation. [If there are no meanings of the Qur'an besides the outward ones], what is the meaning of its outward aspect, inward aspect, limit and prelude? 'Ali (may God show regard to his face!) said, 'If I so will I can certainly load seventy camels with the exegesis of the Opening Sura of the Book.' What then is the meaning of this statement of 'Ali, when the outward exegesis of this sura is extremely short us [and can be set forth in a few pages]? Abu Darda' said, 'One cannot [fully] understand the religion until one sees the Qur'an from different perspectives.' A certain religious scholar said, 'For every Qur'anic verse there are sixty thousand understandings [comprehensible to man]. The understandings of it which remain [incomprehensible to man] are even more than these in number.'
Major Commentators (Mufassirūn)
Major Tafsīrs of the Quran include:
* Muḥammad ibn Jarīr al-Ṭabarī (838-923 CE): Tafsīr al-Ṭabarī.
* Ibn Kathīr (1301-1373 CE): Tafsīr ibn Kathīr - A classic tafsīr, considered to be a summary of the earlier tafsīr by Ibn Jarīr al-Ṭabarī. It is especially popular because it uses ḥadīth to explain each verse and chapter of the Quran.
* Fakhruddīn al-Rāzī (865-925 CE): Mafātīḥ al-Ghayb ('Keys to the Unseen') also known as Al-Tafsīr al-Kabīr ('The Great Exegesis') - a voluminous work covering many aspects of the meanings of the Quran, including science and medicine. Ibn Taymiyyah once critically said of this commentary that it 'contains everything but tafsīr'.
* Yahyā ibn Ziyād al-Farrā': Ma'ānī al-Qur'ān (The Meanings of the Quran).
* Qāḍī Abū Sa'ūd al-Ḥanafī: Irshād al 'Aql as-Salīm ilā Mazāyā al-Qur'ān al-Karīm also known as Tafsīr Abī Sa'ūd.
* Imām Abū 'Abdullāh ibn Aḥmad al-Qurṭubī (1214-1273 CE): Al-Jāmi' li-Aḥkām al-Qur'ān ('The Collection of Quranic Injunctions') by the famous Mālikī jurist of Cordoba, in Andalucia. This ten-volume tafsīr is a commentary on the Quranic verses dealing with legal issues. Although the author was a Mālikī, he also presents the legal opinions of other major schools of Islamic jurisprudence; thus it is popular with jurists from all of the schools of Islamic law. One volume of this tafsīr has been translated into English by Aisha Bewley.
* Aḥmad ibn Muḥammad al-Tha'labī (died 427 AH / 1035 CE): Tafsīr al-Tha'labī, also known as al-Tafsīr al-Kabīr ('The Great Commentary').
* Qaḍi Abū Bakr ibn al-'Arabī: Aḥkam al-Qur'ān - The author is generally known as 'Qaḍi ibn al-'Arabī' (ibn 'Arabī, the judge) to distinguish him from the famous Sufi ibn 'Arabī; he was a Mālikī jurist from Andalucia (Muslim Spain) His tafsīr has been published in three volumes and contains commentary on the legal rulings of the Quran according to the Mālikī school.
* Al-Jaṣṣāṣ: Aḥkam al-Qur'ān ('The Commands of the Quran') - Based on the legal rulings of the Ḥanafī school of Islamic law. This was published in three volumes and remains popular amongst the Hanafis of India, the Middle East and Turkey.
* Maḥmūd Ālūsī al-Ḥanafī: Tafsīr Rūḥ al-Ma'ānī fī Tafsīr al-Qur'ān al-'Azīm wa al-Saba' al-Mathānī ('The Spirit of Meanings on the Exegesis of the Sublime Quran and the Seven Oft-repeated [Verses]') - often abbreviated to Rūḥ al-Ma'ānī.
* Ismā'īl Haqqī al-Bursawī: Rūḥ al-Bayān - the ten-volume Arabic work by the founder of the Hakkiyye Jelveti Sufi Order.
* Ibn 'Ajībah: Al-Baḥr al-Muḥīṭ ('The Encompassing Ocean'), generally known as Tafsīr ibn 'Ajībah - a two-volume work by a Moroccan Sheikh of the Darqāwī branch of the Shādhilī Order of Sufis.
* Ma'ālim al-Tanzīl- by Ḥasan bin Mas'ūd al-Baghawī (died 510 AH/1116 CE) also known widely as Tafsīr al-Baghawī - A popular tafsīr amongst Sunni Muslims, it relies heavily on the Tafsīr of al-Tha'labī, whilst placing more emphasis on Prophetic traditions (ḥadīth).
* Abu al-Qāsim Mahmūd ibn 'Umar al-Zamakhsharī(died 1144 CE): Al-Kashshāf ('The Revealer'). Al-Zamakhsharī belonged to the Mu'tazilah sect, but nevertheless this tafsīr has been popular among scholars down the years, and is usually printed along with Sunnī supercommentaries, pointing out what they consider to be mistakes, made because of the author's Mu'tazilite beliefs.
* 'Abdullāh bin 'Umar al-Baiḍāwī (died 685 AH/1286 AD) - Anwār al-Tanzīl, also famous as Tafsīr al-Bayḍāwī - a shortened version of Al-Kashshāf, with Mu'tazilite references altered; printed in two volumes. In Turkey it is often published with marginal notes by an Turkish Sheikh called 'al-Qunawī' in seven volumes.
* Tafsīr ibn 'Aṭiyyah - A tafsīr popular in North West Africa.
* Zad al-Masir fi ‘Ilm al-Tafsir - Written by the great Ḥanbalī polymath Ibn al-Jawzi
* Tafsīr an-Nasafī - Written by the great Hanafi theologian al-Nasafī and published in two volumes.
* Tafsīr Abī Ḥayyān also called Al-Baḥr al-Muḥīṭ - This tafsīr is in several volumes and contains many stories that some commentators consider to be unreliable. However, it is popular in North Africa as it originated from Andalucia.
* "Tafsīr al-Jalālayn" ('The Commentary of the Two Jalāls') - This Arabic tafsīr was begun by Jalāluddīn al-Maḥallī (in 1459), and was subsequently completed, in the same style, by his student, the famous Shāfi'ī Sheikh Jalāluddīn al-Suyūṭī (died 911 AH/1505 CE), who completed it in 1505. Jalālayn is very popular with Muslims all over the world due to its simplicity. It has also been translated completely by Aisha Bewley.
* Al-Durr al-Manthūr fī al-Tafsīr bi-l-Ma'thūr ('The Threaded Pearl Concerning Commentary Based on Traditions'), also by Jalāluddīn al-Suyūṭī. This tafsīr, in Arabic, concentrates on the hadīths that have been transmitted relating to each verse and subject in the Quran. It has been published in six volumes.
Modern Writers of Tafsīrs (Mufassirūn)
* Dr Syed Hamid Hasan Bilgrami: Fuyuooz ul-Qur'ān ('Benevolences of Quran') in Urdu. Dr Bilgrami, former Vice Chancellor Islamic University of Bahawalpur, Pakistan; An Educationist, Sufi and Widely acknowledged as one of the leading scholars of the Muslim World, received Religious and Spiritual Knowledge from Hazrat Qibla Maulana Qazi Ahmed Abdus Samad Farooqui Quadri Chishti of Tekmal, Hyderabad Deccan, India (Hazrat Qibla migrated from India to Karachi, Pakistan in 1950). Dr. Bilgrami wrote one of the most accepted Urdu commentaries, Fuyuooz ul-Qur'ān (Fayyuz-Ul-Quran), (two Volumes).
* 'Allāmah Ghulām Rasūl Sa'īdī: Widely acknowledged as one of the leading scholars of the Muslim World, he has written a twelve volume tafsīr of the Qur'an, including in it discussions of modern problems that society faces.
* 'Allamah Sayyid Pīr Muhammad Karam Shāh al-Azharī: A great scholar of the last century, wrote one of most accepted Urdu commentaries, Ḍiyā' al-Qur'ān ('The Light of the Quran'), which strictly focuses on explaining the verses.
* Allāmah Sayyid Sa'ādat 'Alī Qādarī: Elder brother of Muftī Justice Sayyid Shujā'at 'Alī Qādarī, has written an Urdu tafsīr, entitled Yā'ayyuhalladhīna Āmanū, which covers modern-day issues in a very easy to understand style
* Muftī Muhammad Shafī': Ma'ārif-ul Qur'ān, is a detailed and comprehensive commentary of the Quran written in Urdu, and has been translated to English. The author is the father of Muftī Taqī Usmānī. It is published in eight volumes, and addresses many modern issues.
* Bahr-ul-Uloom Muhammad Abdul Qadeer Siddiqi Qadri Hasrat: Tafseer-e-Siddiqui[8], in Urdu. Written early last century by the former dean of theology of Osmania University. As a professor of Arabic and theology, he attempted to interpret the Quranic Arabic in Urdu as well to as address some critical current issues.
* Ahmad Razā Khān: Kanz al-Īmān ('Treasury of Faith')[9]. Written by a defender of the Sunni school of thought in India. This tafsīr is written from a traditional, non-sunni point of view defending the beliefs current before the rise of Wahhābī influence.
* Sayyid Quṭb: Fī Zilāl al-Qur'ān ('In the Shade of the Quran') in Arabic. - Many praise it as a modern tafsīr, but at the same time, many critics including some sunni scholars say that Quṭb had little Islamic knowledge, and wrote his commentary according to his own opinion. It has also been attacked for not following the style of classical tafsīrs.
* Sayyid Abul A'lā Maudūdī: Tafhīm al-Qur'ān ('Understanding of the Quran'), a six-volume tafsir, written in Urdu. The English translation was released as Towards Understanding the Qur'an, and it was also translated into Malayalam and Kannada.
* Amīn Ahsan Islāhī: Tadabbur-i Qur'ān - written in Urdu by Indian/Pakistani scholar. Based on the idea of the nazm (thematic and structural coherence) in the Quran.[3]
* Muḥammad al-Ghazzālī, a recent Egyptian scholar who died in 2001 (not the Imām al-Ghazālī): "A Thematic Commentary on the Qur'an" - A tafsīr that tries to explore the themes that weave through the entire Quran as well as the main theme of each chapter.
* Bediuzzaman Said Nursi began to write a tafsīr called Isharat al I'jaz (Signs of Miraculousness) in 1910s. The former written in Ottoman Turkish (translated into Arabic, English etc.) in the classical exegesis style, with special emphasis to combining linguistical nuances with theological depth. Consists of one volume only, addressing the exegesis of the first chapter and part of the second chapter of the Quran. The latter, Risale-i Nur, written mainly in Turkish, is a larger work, with four main volumes. It consists of extensive exegesis of certain verses and explanation of the fundamentals of how to approach the Quran. It especially explains the verses that 21. Century's people need most. In other words, it studies the verses about the six articles of belief of Islam Religion such as believing in God, day of judgment. It also gives logical answers to the questions asked by Atheists. This work is written in a more accessible style to the general public and is translated into 52 languages. [4], [5], [6] Nursi also wrote Muhakamat in Arabic (also translated into Turkish) which outlines in a sophisticated manner the hermeneutics of the Quran. Mathnawi al Nuriya, written in Arabic (abridged Turkish translation and also a non-academic English rendition is available),can also be considered an exegetical work in that it contains his deep reflections on different verses of the Quran. Born toward the end of the Ottoman State, Nursi, an erudite exegete and theologian, died in 1960 in modern Turkey.
* Allāmah Sayid Muḥammad Ḥusayn al-Ṭabāṭabā'ī: Tafsīr Al-Mīzān - A twenty-volume work using the methodology of explaining the Qur'an through the Qur'an, and compiled by a Shī'ah author.
* Al-Habib Muhammad Ridwan Al-Jufrie writed Tafsir Al-Jufrie Baina Tafwidh Wa Ta'wil in the Arabic language.
Tafsīr in other languages also newly exist
***
Qanun
After the fall of the Abbasids in 1258, a practice known to the Turks and Mongols transformed itself into Qanun, which gave power to caliphs, governors, and sultans alike to make their own regulations for activities not addressed by the shari’a. The Qanun began to unfold as early as Umar I (586-644 CE). Many of the regulations covered by Qanun were based on financial matters or tax systems adapted through the law and regulations of those territories Islam conquered.
Modern Islamic law
During the 19th century, the history of Islamic law took a sharp turn due to new challenges the Muslim world faced: the West had risen to a global power and colonized a large part of the world, including Muslim territories. In the Western world, societies changed from the agricultural to the industrial stage, new social and political ideas emerged, and social models slowly shifted from hierarchical towards egalitarian. The Ottoman Empire and the rest of the Muslim world were in decline, and calls for reform became louder. In Muslim countries, codified state law started replacing the role of scholarly legal opinion. Western countries sometimes inspired, sometimes pressured, and sometimes forced Muslim states to change their laws. Secularist movements pushed for laws deviating from the opinions of the Islamic legal scholars. Islamic legal scholarship remained the sole authority for guidance in matters of rituals, worship, and spirituality, while they lost authority to the state in other areas. The Muslim community became divided into groups reacting differently to the change. This division persists until the present day (Brown 1996, Hallaq 2001, Ramadan 2005, Aslan 2006, Safi 2003, Nenezich 2006).
* Secularists believe that the law of the state should be based on secular principles, not on Islamic legal theory.
* Traditionalists believe that the law of the state should be based on the traditional legal schools. However, traditional legal views are considered unacceptable by some modern Muslims, especially in areas like women's rights or slavery.
* Reformers believe that new Islamic legal theories can produce modernized Islamic law and lead to acceptable opinions in areas such as women's rights. However, traditionalists believe that any departure from the legal teachings of the Qur'an as explained by the Prophet Muhammad and put into practice by him is an alien concept that cannot properly be attributed to "Islam".
Legal scholars and jurists who once upheld the rule of law were replaced by a law governed by the state due to the codification of Shari’a by the Ottoman Empire in the early 19th century. Scholars lost their exalted status as keepers of the law with the attempt to codify Shari’a. This Westernizing process, foreign to the Islamic legal tradition, sought to transform Shari’a from a body of doctrines and principles to be discovered by the human efforts of the scholars into a set of rules that could be looked up in a book. Once the law existed in codified form, however, the law itself was able to replace the scholars as the source of authority. Codification took from the scholars their all-important claim to have the final say over the content of the law and transferred that power to the state.
***
Ijtihad
Ijtihad (Arabic: اجتهاد, ’iğtihād) is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources, the Qur'an and the Sunnah. The opposite of ijtihad is taqlid, Arabic for "imitation".
Generally, a Mujtahid (Arabic: مجتهد, ’muğtahid) is an educated Muslim who makes up his own ruling on the permissibility of an Islamic law but only for himself.
Ijtihad is mainly associated with the Shi'a Muslim Jafari school of jurisprudence. Western scholars such as Joseph Schacht accepted the notion that the "gates of ijtihad" were "closed" in the 10th century in Sunni fiqh, meaning that ijtihad is not practiced in Sunni Islam anymore. Modern scholars of Islamic law (e.g. Wael Hallaq) demonstrate that ijithad has remained an essential part of the Sunni Muslim tradition, despite the emphasis on taqlid.
The word derives from the three-letter Arabic verbal root of ج-ﻫ-د j-h-d (jahada, "struggle"), the same root as that of jihad; the is inserted because the word is a derived stem VIII verb. The shared etymology is worth noting, as both words touch on the concepts of struggle or effort. In the case of form VIII verbs, this means to "struggle with oneself", as through deep thought. Ijtihad is a method of legal reasoning that does not rely on the traditional schools of jurisprudence (madhabs).
It is indicated that Allah commands to ‘do ijtihâd’ in the Qur’an. It is understood from various ayat that scholars of high grade and profound knowledge have been enjoined that they should perform ijtihâd. Then, ijtihâd is (an Islamic commandment called) farz enjoined on people in possession of full authority, eligibility and expertise, i.e. those who have the ability and capacity to understand the rules and matters hidden in the ayats and hadiths whose meanings cannot be understood clearly, by way of analogy, deduction and induction from their significations, tenors of discourse and denotations.
In early Islam ijtihad was a commonly used legal practice, and was well integrated with falsafa. It slowly fell out of practice for several reasons, most notably the efforts of Asharite theologians from the 12th century, who saw it as leading to errors of over-confidence in judgement since the time of al-Ghazali. He was the most notable of the Asharites and his work, The Incoherence of the Philosophers, was the most celebrated statement of this view.
It is debated whether Al-Ghazali was observing or creating the so-called "closure of the door of ijtihad". Some say this had occurred by the beginning of the 10th century CE, a couple of centuries after the finalizing of the major collections of hadith. In the words of Joseph Schacht: "hence a consensus gradually established itself to the effect that from that time onwards no one could be deemed to have the necessary qualifications for independent reasoning in religious law, and that all future activity would have to be confined to the explanation, application, and, at the most, interpretation of the doctrine as it had been laid down once and for all." This theory has been put in question recently by Wael Hallaq, who writes that there was also always a minority that claimed that the closing of the door is wrong, and a properly qualified scholar must have the right to perform ijtihad, at all times, not only up until the four schools of law were defined.
What is clear is that long after the 10th century the principles of ijtihad continued to be discussed in the Islamic legal literature, and other Asharites continued to argue with their Mutazilite rivals about its applicability to sciences.
Al-Amidi (1233) mentions twelve common controversies about ijtihad in his book about usul al-fiqh (the theory of Islamic law), amongst others, the question if the Prophet himself depended on ijtihad and if it should be allowed for a mujtahid to follow taqlid.
In Islamic political theory, ijtihad is often counted as one of the essential qualifications of the caliph, e.g. by Al-Baghdadi (1037) or Al-Mawardi (1058). Al-Ghazali dispenses with this qualification in his legal theory and delegates the exercise of ijtihad to the ulema.
Ironically, the loss of its application in law seems to have also led to its loss in philosophy and the sciences, which most historians think caused Muslim societies to stagnate before the 1492 fall of al-Andalus, after which Muslim works were translated and led in part to The Renaissance revival of Classical works, using improved methods, although the Muslims themselves were no longer using these methods in their daily life at all.[citation needed]
Qualifications of a mujtahid
A mujtahid is a male Islamic scholar, competent to interpret divine law (shari’a) in practical situations using ijtihad (independent thought). In some, but not all, Islamic traditions, a mujtahid can specialise in a branch of shari’a - economic or family law for example.
The qualifications for a mujtahid were set out by Abu’l Husayn al-Basri (died 467 AH / 1083 CE ) in “al Mu’tamad fi Usul al-Fiqh” and accepted by later Sunni scholars, including al-Ghazali. These qualifications can be summed up as (i) an understanding of the objectives of the shari’a and (ii) a knowledge of its sources and methods of deduction. They include
* a competence in the Arabic language which allows him to have a correct understanding of the Qur’an . That is, he must appreciate the subtleties of the language so as to be able to draw accurate deductions from the “clear and un-crooked Arabic” of this infallible source, and that of the sunnah.
* an adequate knowledge of the Meccan and Medinese contents of the Qur'an, the events surrounding their revelation and the incidences of abrogation (suspending or repealing a ruling) revealed therein. He must be fully acquainted with its legal contents (the ayat al-ahkam) - some 500 verses, according to al-Ghazali. He need not have a detailed knowledge the narratives and parables, nor of the sections relating to the hereafter, but he must be able to use these to infer a legal rule. He needs to be acquainted with all the classical commentaries on the ayat al-ahkam, especially the views of the Companions of the Prophet .
* an adequate knowledge of the sunnah, especially those related to his specialisation. He needs to know the relative reliability of the narrators of the hadith, and be able to distinguish between the reliable from the weak. He needs to have a thorough knowledge of incidences of abrogation, distinguish between the general and specific, the absolute and the qualified. One estimate (by Ahmad ibn Hanbal) suggests that 1,200 hadith need to be known.
* He should be able to verify the consensus ijma of the Companions of the Prophet, the successors and the leading imams and mujtahideen of the past, especially with regard to his specialisation. Complementary to this, he should be familiar with the issues on which there is no consensus.
* He should have a thorough knowledge of the rules and procedures for reasoning by analogy (qiyas) so he can apply revealed law to an unprecedented case.
* He should understand the revealed purposes of shari’a, which relate to "considerations of public interest", including the Five Pillars protection of "life, religion, intellect, lineage" and property. He should also understand the general maxims for the interpretation of shari’a, which include the "removal of hardship", that "certainty must prevail over doubt", and the achievement of a balance between unnecessary rigidity and too free an interpretation.
* He must practice what he preaches, that is he must be an upright person whose judgement people can trust.
Ijtihad in Twelver Shi'a Islam.
Shi'a hawza students start their studies learning fiqh, kalam, hadith, tafsir, philosophy and Arabic literature. After mastering these levels they can start becoming mujtahid by studying advanced textbooks known as sat'h, and research courses known as kharij.
The following points are presented in order to clarify the purpose of ijtihad:
* God is all-powerful, all-knowing.
* God created laws for humankind and only God has the authority to do so.
* God appointed messengers to convey the laws to humankind.
* God appointed imams to guide humankind about the laws.
* At present, neither the messenger (Muhammad), nor the imams (God-appointed leaders) are accessible. The current imam, Muhammad al-Mahdi, is in the Occultation.
* Therefore, qualified jurists have the duty to find God's law, not create God's laws.
* Therefore, ijtihad is the process of finding God's law from the Qur'an and the hadith using specific methods.
Qualifications of a Shi'a mujtahid
Formal preconditions for being considered to be able to give ifta and thus be a mujtahid are:
1. Maturity
2. Being of the male sex*
3. Being of legitimate birth
4. Faith
5. Intelligence
6. Justice (integrity, specifically refraining from all the prohibitions of the Shari’a and performing all of its obligations.)
*It must be noted that a female can be a mujtahid but not one that others can follow (she is not a Marja), that is to say she follows her own rulings but others cannot do taqlid (imitation) of her.
Modern application
Muslims living in the West are subject to secular laws of the state rather than Islamic law. In this context ijtihad becomes mainly a theoretical and ideological exercise without any legal force.
Conservative Muslims say that most Muslims do not have the training in legal sources to conduct ijtihad. They argue that this role was traditionally given to those who have studied for a number of years under a scholar. However, liberal movements within Islam generally argue that any Muslim can perform ijtihad, given that Islam has no generally accepted clerical hierarchy or bureaucratic organization. At the other end of the political spectrum, a number of fundamentalist tendencies have also re-opened the doors of ijtihad though not in a liberal direction.
Part of a series on Islam: Usul al-fiqh
(The Roots of Jurisprudence)
Fiqh
* Qur'an and Sunnah
* Taqlid (imitation)
* Ijtihad (interpretation)
* Ijma (consensus)
* Madh'hab (school of law)
* Minhaj (method)
* Qiyas (analogical reasoning)
* Urf (society custom)
* Islamic jurisprudence
* Bid‘ah (innovation)
* Madrasah (school/seminary)
* Ijazah (authorization)
* Istihlal (legalization) (Istislah - overruling of the strict application for the public good (maslaha))
* Istihsan (discretion) (to allow personal reason/judgment to depart from strict application of qiyas)
* Risalah (dissertation)
Ahkam
* Halal (legal)
* Wajib/Fard (obligatory, duty)
* Mustahabb (favoured)
* Mubah (neutral)
* Makruh (disliked, abominable)
* Haraam (illegal, prohibited)
* Baatil (void, incorrect)
* Fasiq (corrupt)
Scholarly titles
* Mujtahid (scholar of islamic law with comprehensive understanding of the texts and reality)
* Marja (authority)
* Alim (scholar; pl. Ulema)
* Mufti (interpreter)
* Qadi (judge)
* Faqīh (jurist)
* Muhaddith (narrator)
* Mullah
* Imam
* Mawlawi
* Shaikh
* Mujaddid (renewer)
* Hafiz
* Hujja
* Hakim
* Amir al-Mu'minin in reg. hadith
* Maulana
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