Please explain Ijtihad, Ijma, Qayas

obaid_gondal · #1 Tuesday, February 09, 2010

I am confused about IJTAHAD, IJMA & QAYAS
CAN any 1 explain that:
three of above are ways to make law when a problem is not being explained by Quran or Sunnah.....please tell me in such a case which one is to be preferred and why ?
And if such a situation happens we would go 4 IJTAHAD , IJMA or QAYAS ?????
And Why ??????

KAWISH · #2 Tuesday, February 09, 2010

Quote:

Originally Posted by obaid_gondal

I am confused about IJTAHAD, IJMA & QAYAS
CAN any 1 explain that:
three of above are ways to make law when a problem is not being explained by Quran or Sunnah.....please tell me in such a case which one is to be preferred and why ?
And if such a situation happens we would go 4 IJTAHAD , IJMA or QAYAS ?????
And Why ??????

there ar two sources of islamic law:
a-fundamental(Quran,Sunnah,Ijma,Qiyas)
b-secondary(Ijtehad,Masaleh Mursla etc)

as it is obvious by te sequence of the importance of these sources,Ijmah is to be preferred on Qiyas n ijtehad n Qiyas on Ijtehad if no Ijmah....

obaid_gondal · #3 Tuesday, February 09, 2010

Quote:

Originally Posted by KAWISH

there ar two sources of islamic law:
a-fundamental(Quran,Sunnah,Ijma,Qiyas)
b-secondary(Ijtehad,Masaleh Mursla etc)

as it is obvious by te sequence of the importance of these sources,Ijmah is to be preferred on Qiyas n ijtehad n Qiyas on Ijtehad if no Ijmah....

thanx
but
how can u justify your point with references.....how ijma & qayas are fundamental? and which one among these, is to be preferred ?

and does the severity of the matter, matters ?

there must be some criterion on their usage and can you give any example ?

KAWISH · #4 Tuesday, February 09, 2010

the same sources through w/h we know that Quran is of superior most authority n then follows Sunnah,speaks f what my previous post described.all the schools of thought of islamic law speak unquivocally to this end.if ur question is about book,refer to the Islamic Law n JUresprudence by Abdur Rahim.that ll clarify ur concept.....
n no situation change the rule.in case quran n sunnah are silent abt something,the next source in hierarchy is Ijmah,n if Ijmah is silent then Qiyas.

regards

wajid582 · #5 Tuesday, February 09, 2010

IJMAH: If Quran and Sunnah is not clear about anything then it is obligatory on Muslim scholars to get united and get a proper solution in light of Quran and Hadith. The source of this is Quran. According to the verse of Quran, asking Prophet Muhammad (PBUH). " make cosultation with them" and in the next verse Quran guide us as. " and solve ur problems with mutual consultation", next Quran emphsises that " Obey Allah and His Rasool and the one who is ruling (Scholar and knowledge).
Hadith.. Jamat ki sath Allah ki Taid hoti hai.
Hadith.. Meri umath gumrahi per jama nahi ho sakthi.
Qiyas, Ijtihad.. Interpreting the Quran, Sunnah and Ijmah for solution of new or existing problems is called Ijtihad.
In the Quran Allah says. Ask from Ahl-Zikir if you don't know.

W A Khan

ayesha_riaz · #6 4 Weeks Ago

can you please give the proof of your hierarchy from Quran and sunnah..
moreover What about Iqbal's concept of Ijtehad? He asks for institutionalizing Ijma and Ijtehad ? Can we go for it in EXAM ?

REGARDS

Arbab.Danish · #7 4 Weeks Ago

Ijtehad

http://en.wikipedia.org/wiki/Ijtihad

Ijma

http://en.wikipedia.org/wiki/Ijma

Qiyas

http://en.wikipedia.org/wiki/Qiyas

KAWISH · #8 4 Weeks Ago

Quote:

Originally Posted by ayesha_riaz

can you please give the proof of your hierarchy from Quran and sunnah..
moreover What about Iqbal's concept of Ijtehad? He asks for institutionalizing Ijma and Ijtehad ? Can we go for it in EXAM ?

REGARDS

dear i have recommended a book in my previous post.later in hierarchy doesn't mean that this is of little value.there are cases where even Qiyas doesn't provide,there arises the need for Ijtehad.anyhow doors for Ijtehad has been closed since centuries out of certain fears f misuse f the authority to use Ijtehad.
couldn't get exactly what u wannu ask abt Exam.
Regards

tx_ned · #9 4 Weeks Ago

Quote:

Originally Posted by ayesha_riaz

can you please give the proof of your hierarchy from Quran and sunnah..
moreover What about Iqbal's concept of Ijtehad? He asks for institutionalizing Ijma and Ijtehad ? Can we go for it in EXAM ?

REGARDS

I do apologise to comment on your query as I was not supposed to do so but I think as for knowledge point of view this intervention should be tolerated.

I will prefferably coment on your first part of question i.e. "hierarchy".

Quranic proof is 4-34 (Al-Nisa Surah No 4 and Aayeh o 34).

"Al-rijal qawwamun ‘ala al-nisa’ bi ma faddala Allahu ba‘duhum ‘ala ba‘din wa bi ma anfaqu min amwalihim. Fa al-salihat qanitat, hafizat li’l-ghayb bi ma hafiza Allah. Wa allati tukhafuna nushuzahunna, fa ‘izuhunna wa ahjuruhunna fi’l-madaji‘ wa adribuhunna, fa in ata‘nakum, fa la tabghu ‘alayhinna sabilan. Inna Allah kana ‘Aliyyan, Kabir."

"Men are (meant to be righteous and kind) guardians of women because God has favored some more than others and because they (i.e. men) spend out of their wealth. (In their turn) righteous women are (meant to be) devoted and to guard what God has (willed to be) guarded even though out of sight (of the husband). As for those (women) on whose part you fear ill-will and nasty conduct, admonish them (first), (next) separate them in beds (and last) beat them. But if they obey you, then seek nothing against them. Behold, God is most high and great".

A per Tafseer ibn e Kaseer, One companion's wife came to see Prophet and alleged her husband to hit her. Prophet (PBUH) wanted to do her right of revenge when this Aayah was releaved

http://qurango.com/images/t1/667.jpg

and

http://qurango.com/images/t1/668.jpg

A number of debates and commentaries on this verse can easily be found on internet like

http://www.brandeis.edu/projects/fse...cultverse.html

http://qa.sunnipath.com/issue_view.a...=2575&CATE=389

or

http://www.themodernreligion.com/wom...4-shafaat.html

The topic could be seen in following approach:

1) Husbands are a degree above their wives in a legal context.
2) Men are superior to women in a domestic context.

Other relevant logics in this context to support the most common interpretation of the verse (Men superiors than women) are:

a) In dividing the inheritance, a female gets half of a male’s share.
b) A woman’s testimony often counts half of a man’s testimony.

As the second part of question is concerned, it has also two parts..

1) Iqbal's concept regarding Ijtihad
2) Exam's query

I am not an expert to comment on second part of question so some other fellow will definitely response you.

I think .. Iqbal has always stressed to reconstruct the Ijtihad .. i often recall his verses:

Khud badaltay nhi, Quran ko badal detay hein
Aah kis darjay Faqeehan-e-Haram huey be-taufeeq

In ghulamo ka yeh maslak hay k naqis hay Kitab
jo sikhati nhi momin ko Ghulami k tareeq

You should also go through this article of M K Masud

http://www.allamaiqbal.com/publicati...ew/apr99/9.htm

Kind Regards