For Twelver Shia or the Ithnā'ashariyyah', it is:
As for the difference between Sunni hadith and Shi'a, it includes ahadith (narrations) of ريا Rasulullah and Twelvers imams. Some of popular hadith books are Nahj al-Balagha of Ali ibn abitalib (A.S.) and Sahife Sajjadiya of the fourth Imam.
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 ...
Ijma is an Arabic word referring to consensus of the Muslim community.
The hadith "My ummah will never agree upon an error" is usually cited for the validity of ijma. There are a number of different opinions on who is part of the ijma, with most views split into two following two possibilities:
ijma al-ummah: A consensus by the whole community.
I am using two references for this answer and both quote the same. Disclaimer: This is not my claim. I am just summarizing information.
Before that it is important to know what is the right belief: It is fine to follow one of the four Madhabs if someone wishes to do it. However, one should not make it obligatory upon Muslims. A Muslim can follow any ...
Ijmaa and Qiyaas are two technical terms from usool ul-fiqh, or the science of "how do we derive fiqh?" In short, scholars use proofs in the following order (which denotes their strength over lower-level proofs):
Qur'an first and foremost
Sunnah (hadith) next and practically equal
Ijmaa (scholarly consensus) third
Qiyaas (analogy to some known issue/ruling) ...
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 ...
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-...
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 death....
Irony in the question noted :)
Classically, ijma' is defined as
the unanimous agreement of the mujtahidun of of the Muslim community of any period following the demise of the Prophet Muhammad on any matter (Amidi, Shaukani, and others).
So right away we see that there must be a plurality of mujtahids (who are taken to be representative of the ummah) ...
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 ...
Most of Shia scholars:
Quran, Sunnah, Ijma, Aql (Logic and reasoning)
In Shia the Qiyas is not accepted and Imam Sadiq S.A said the first who did Qiyas was Satan when he said to God: you created Adam from soil and created me from fire SO I am better than him.
There are many interesting arguments between Imam Sadiq (S.A) and Abu Hanifa about Qiyas.
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 ...
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 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 ....
Quran 33:59 O Prophet, ...
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 ...
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 ...
Ijma means consensus. Normally it is regarded as "consensus among the all muslims". But some other opinion confined it to "consensus among all ulema". And some other say it is only "consensus among the companions of our prophet". Ijma is itself a source and need not to be derived from Quran and sunnah.
In the contrary, Qiyas or analogy is dependent on Quran ...
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 ...
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 ...
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 ...
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 ...
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.
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 ...
(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 ...
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 ...
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 ...
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.
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 ...
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 ...