7

First to know is that there are levels for Mujtahids, what we are talking about here is the "Unlimited Mujtahid" (Mujtahid Motlak المجتهد المطلق), which is the highest level. There is a quote of Imam Shafei (may Allah be merciful to his majesty) that describes who can derive fatwas, i.e, who is a qualified mujtahid: قال الشافعي: لا يحل لأحد أن يفتي في ...


6

Both are well explained on wikipedia, especially qiyas: Istislah (Arabic استصلاح "to deem proper") is a method employed by Muslim jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة Maslaha, or "public interest". (wikipedia) Note that Istislah is only applied if there's no text or a deduced ...


5

Note that among the "founders" of the four sunni madhabs (you quoted, as one should add the dhahiri school, which still exists to them too) only Imam a-Shafi'i really quoted and recorded his osol (sources or principles) of fiqh himself in his book ar-Risala (and also in his records like kitab jamma'a al-'ilm, ikhtilaf al-Hadith, ahkam al-Quran and ibtal al-...


5

The quran simply says to follow the prophets example, it dosent say to exclude any certain point of time such as the time before he became a prophet Say, [O Muhammad], "O mankind, indeed I am the Messenger of Allah to you all, [from Him] to whom belongs the dominion of the heavens and the earth. There is no deity except Him; He gives life and causes ...


4

Qiyas is used by some Sunni scholars in ususl Fiqh and is same as Analogy in Logic but Qiyas in usul Fiqh is completely different of Qiyas in Logic and only they have similar names. Qiyas in Fiqh is transfer of a rule from one subject to another subject by guess. For example God said wine is Haram and so a scholar think the Haram rule of wine is because ...


4

In Shi'ite Islam Qiyaas (making analogy) is forbidden, and instead Aghl (intellect) is substituted and also Ahadith are also provided from all the 14 infallibles A.S., as already stated by the other members. Note that Qiyaas and Aghl are both devolved to Muslims not being infallible. These are required as to find the answer for new questions in different ...


4

I will make some assumptions first prior to answering, since otherwise the answer would be excessively long: By "which scholars", I am assuming you are referring to hadith scholars only. By "denied ahadith", I am assuming denied that there is a hadith of that level (not denying the concept itself). By "being mutawwatir", I am assuming that the definition is ...


3

No, attributing a statement to three scholars only does not constitute consensus (ijmā', Arabic: إجماع), or any level of consensus for that matter. However, one has to read the full text of the fatwas to understand their content and context. The first fatwa in Majmū' al-Fatāwa 26/195 (Arabic only) attributes the words to Imam Ibn al-Munādi. Referring to the ...


3

The verse of the Quran that is used to derive the rulings of hijab is 24:31 Quran 24:31 And tell the believing women to .... not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to .... Similarly 33:59 Quran 33:59 O Prophet, ...


3

Yes, the basic Islamic principle is that everything that is proven to be harmful is haram. The evidence for the prohibition of that which is harmful is to be found in the Qur’an and the Sunnah. Allah says in Surah Al-Baqarah: “and do not throw yourselves into destruction” In Surah An-Nisa: “And do not kill yourselves (nor kill one another)” The ...


3

Basically any opinion quoting a minimum amount has no backup... but a logical approach would say it needs at least 4 as else the hadith would be considered as a kind of ahaad (well strictly speaking even here the definition between earlier and later scholars differ so that the whole matter seems a bit spongy). Imam as-Suyuti quoted 10 as a minimum. Just to ...


3

Consider this: the Prophet (salallahu alayhi wa sallam) was sent as a Prophet, to guide us to the straight path. That was the mission statement of his life after prophethood. As Muslims, being told to follow his sunnah, obviously means that we should follow whatever Allah inspired him to, as part of his prophethood. Also, as a prophet, Allah protected his ...


3

al-mu'tamad المعتمد in Arabic basically means established and approved. So when speaking about a ruling in a madhab and say this is the mu'tamad in this madhab then we mean despite all other opinions in the madhab the chosen view, which almost all scholars of the madhab would pronounce in a fatwa is this selected opinion. In the following I'll be quoting ...


3

The difference is simple. Aql (intellect) is deductive logic e.g. you start with a general law from the Quran or Sunnah, then deduce a new ruling on a specific example that is covered by the general law. Qiyas is inductive logic, this is where you start with a ruling, try to guess the general law, then apply the general law to a new specific case. Shia ...


2

My answer is from Sunni point of view. I do not have much knowledge about fundamentals of "Aql" in Shia Usool-al-fiqh. But as I understand, it is a general principle that can be rationally supported and does not have any basis from Qur'an or Sunnah or it is not restricted by Qur'an and Sunnah. I also understand that the Shia believe that the person who ...


2

(A short answer) The scholars have mentioned that the person must be knowledgeble in five categories . Knowledge of the Sharī’ah (Islāmic Legislation) It includes - Knowledge of the Qur’ān and its sciences Knowledge of the Hadīth and its sciences Knowledge of the consensus and issues of difference (of opinions) Knowledge of the fundamentals of ...


2

My sources are basically some posts from other forums, who posted some fatwas of contemporary scholars (like ar-Rahyly -who quoted a fatwa of- a-Shanqyty and as-Sahym) and this (Arabic) fatwa! الجُمْهُور (jumhoor) with its plural جَمَاهِير (jamaaheer) basically meaning the assemblage basically in Arabic language is used to describe a majority or major part ...


2

There is no consensus as to exactly which hadiths are to be used to derive fiqh; that's one of the reasons (but hardly the only one) the madhahib are so often disparate in their rulings. While the four major Sunni madhahib accept Sunnah as one of the major sources of Islamic law, second only to the Qur'an, they differed on exactly which ahadith properly ...


2

An overview of the scholarly views First of all we need to clarify the scholarly view on madhy: Is it tahir (pure) or is it najis (impure)? The majority view (some scholars even said it is a consensus) is that it is najis especially based on the ahadith you've quoted saying that one should sprinkle a handful water on what is smeared with it and wash the ...


2

Definition First note that sunnah has a meaning in Arabic which is: As-Sunnah السنة is the route, way, norm, practice, line of conduct ... (no matter whether it is a good path or wrong). Applied to the prophetic traditions it is defined as anything which is attributed to the Prophet Muhammad () be it a saying (statement), an act or action, an affirmation, ...


1

My answer relies a lot on the deleted answer of @Medi1Saif: Based on ibn 'Ashirs عبد الواحد بن عاشر definition in his al-Murshid al-Mo'yn المرشد المعين على الضروري من علوم الدين (A Maliki reference): مُقدِمةُ مِنَ الأُصُولِ مُعِينَةُ في فُروعِهَا عَلَى الوُصُولِ الْحُكْمُ في الشَّرْعِ خِطابُ رَبِّنَا *** الْمُقْتضِي فِعْلَ الْمُكَلَّفِ ...


1

From what I know, Usul-al-Din is a Shia belief and Usul-al-Fiqh is both Sunni and Shia belief Usul-al-Din means (Principles of the Religion) while Usul-al-Fiqh means (Principles of Jurisprudence). 1. Usul-al-Din From shiastudies.org: The Principles of Religion (Usul al-Din) which outline the essential beliefs in accordance with the Qur’an and the ...


1

Sabab is used as synonym for 'illah, and the two are often used interchangeably. Yet the ulema of usul tend to use sabab in reference to devotional matters (ibadat) but use 'illah in all other contexts. Thus it is said that the arrival of Ramadan is the cause (sabab) of fasting but that intoxication is the 'illah of the prohibition in wine-drinking.


1

Logic or reasoning. Basically, no-madhhab sects consider that it is an individual's responsibility if he has studied the basics of Islamic Law (which are mostly the same across all maddhabs) to himself decide what he believes to be the more supported opinion by evaluating the evidences of the opinions with his own reasoning. If he has not studied Islamic Law,...


1

Let me start with what I consider to be the only relevant difference between a Muslim and a Non-Muslim in this regard: when confronted with a part of Islam that contradict state of the art science, his ethical impulses and convictions, or his aesthetic intuitions, the Muslim will feel the need to reconcile such a conflict, however imperfectly, because he ...


1

Istislah is to consider whatever is best for the common good of society. Example: In Morocco, a girl was forced to marry the man who molested her. The judge used the idea of Istislah as an excuse for it as the man had done sexual things to her. (Maliki example) Qiyas is to take a legislated ruling that is specific to a matter and make it general; as in ...


1

Well the paragraph you mentioned is talking about one of the sources or let me say tools of the sources of the Maliki Madhab: customs and practices of the people of Medina! So i would recommend you to read more about it in wikipedia (there are more details in the Arabic part especially when it comes to the customs and practices of the people of Medina if you ...


1

Both classes of makruh acts are considered reprehensible and should be avoided (and doing so is a blessed act which would be rewarded); the main difference between a makruh tanzih act and a makruh tahrim act is whether performing them would be actually be considered sinful. On a scale of severity, they would look like this: Mubah < Makruh Tanzih < ...


1

I see that their are some misunderstandings What is ijtihad? Ijtihad is defined as an Islamic legal term that means "independent reasoning" or "the utmost effort an individual can put forth in an activity. By using both the Qu'ran and Hadith as resources, the scholar is required to carefully rely on analogical reasoning to find a solution to a legal ...


1

Qiyas and fiqh are more of a rational thing with base and argument and conceptualization rather that experience or wijdan ( I do not mean anything Sufi, I just mean like in the same way that you know justice is good, you know that aiding your parents is good, etc) Aql can do Qiyas but it’s more of a light... whatever you put it to it shines. It tells what ...


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