It is the science concerning the comprehensive evidences of fiqh.

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What is the difference between qiyas and istislah and could you provide examples?

I was just wondering if someone could explain the difference between istislah and qiyas to me and perhaps provide some examples for me. They both seem to involve the use of deductive reasoning and the ...
2
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1answer
65 views

Difference between Ijma' on transmission and Ijma' on opinion

What is the difference between Ijma' on the transmission (الإجماع على النقل) and Ijma' on the opinion? (إجماع في الرأي). Apparently, they are sub-categories of Ijma (الإجماع) but what is the precise ...
2
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1answer
175 views

Difference between tahriman and tanzihan makrooh

It is understood from that expression that to remove the hairs on the back and chest is not haram or tahriman makrooh for Hanafis. It can only be tanzihan makrooh, contrary to decency. I was ...
5
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2answers
266 views

What types of ahadith do scholars derive fiqh from?

There are many ways to classify ahadith. One method is by authenticity: is it saheeh (authentic beyond question), hassan (good), da'eef (weak), or mawdoo' (fabricated?) In my answer on another ...
10
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4answers
315 views

Is the prophet's (pbuh) life before the Qur'an was revealed to him considered as sunnah?

I read couple of definitions of sunnah and they were all something like "whatever the Prophet (pbuh) said, did or approved to do." But none mentions these have to be after Islam have been revealed to ...
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4answers
1k views

How Aql is different from Qiyas?

In Usool-al-Fiqh Shia uses Aql or intellect as a source of legislation as mentioned in this answer- http://islam.stackexchange.com And the Sunni uses Qiyas or analogy in Fiqh. In my understanding, ...
9
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2answers
4k views

What are the qualities Imam Ash-Shafiee Listed as qualifications necessary for someone to become a Mujtahid?

I recall sitting in a class where we talked about ijtihaad and mujtahideen, the ones who are qualified Islamically to be able to derive a ruling on a new issue (for example, organ donation). I recall ...
7
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1answer
247 views

Where and when did the notion of “You must follow one madhhab exclusively” originate?

Can someone with knowledge on the evolution of fiqh pinpoint something in history about where this notion originated from? Today we hear from one side that following one madhhab exclusively is almost ...
9
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3answers
430 views

What is Ijmaa? How is it established?

As we've discussed in several other questions, one of the important bodies from which we derive fiqh (legislative rulings) is ijmaa, or consensus of the scholars. I wonder, then, how is it that ijmaa ...
9
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4answers
785 views

What are the sources of Legislation in Shia Islam?

TLDR: What sources of legislation are valid in Shia Islam? Given that Shia Islam varies greatly (asharis vs. rafidees). I will explain by an analogy in Sunni Islam what I'm looking for. In Sunni ...
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4answers
7k views

What are Ijma (izma) and qiyaas (kias) and when are they applied?

I have heard Ijma & Qias are applicable if there is nothing specific in The Quran or Hadith. Is that true?? So my question is what are Ijma and qiyaas, and when are they applicable?