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Makkah Tower Prophet Alhamdulillaah Muharram Muharram 2 Muharram 3 Ashura 12 Months Good Advice Sincerity 5

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All praises and thanks are due to Allah, the Most Gracious, Most Merciful, and Owner of the Day of Resurrection. 

I bear witness that none has the right to be worshipped except Allah Alone without partners. His is the kingdom and He is Worthy of all praise, and He is Able to do all things. I testify that our Prophet, Imam and example, Muhammad, is Allah’s slave and Messenger. Allah has sent Muhammad with the guidance and the religion of truth to be a Warner for mankind and the jinn. May Allah’s peace and blessings be on the Prophet and on his Progeny, Companions and those who followed him with excellence till the Last Day.

The message of Islam is universal. Our Prophet Muhammad (peace be upon him) was Sent by Allah to all Human mankind. Therefore, the Sahaba, Tabi,in' , tabi at-Tabi'in as well as succeeding generations who sincerely consistently followed their missionary activity, in order to elevate the religion of Allah; remove people from the tyranny of the regimes that reject the religion of Islam to justice! and the anxiety  of the soul towards peace and reassurance by applying the sharia of Allah, the Exalted. To achieve justice among human beings, Islamic law should cover all aspects of life as well as answer any questions that appear throughout the ages. Moreover, Allah has said:

 

وَنَزَّلْنَا عَلَيْكَ الْكِتَابَ تِبْيَانًا لِّكُلِّ شَيْءٍ وَهُدًى وَرَحْمَةً وَبُشْرَىٰ لِلْمُسْلِمِينَ

 

"And We have sent down to you the Book explaining all things, a Guide, a Mercy, and Glad Tidings to Muslims." Q16:89.

 

However, this does not mean that al-Quran and as-Sunnah said textually every incident and every event that happens all the time. Ash-Syathibi said: Sharia law does not prescribe in detail to the smallest. However, sharia brought matters and statements of a general nature covering a range of issues that are endless."  (Al-Muwaafaqaat, V.2)

So, this is where Al-Ijtihad is very important for this nation, even an obligation in sharia itself. Because, only with the Islamic Sharia ijtihad will be able to answer every question that occurs whenever and wherever. Ijtihad is fard kifaya and every Muslim has the right to ijtihad after fulfilling its conditions.

The word Ijtihad comes from the word al- Juhd namely al-mas-shqaqah (exhaustion) . Therefore,  ijtihad within the meaning of language is mobilizing all capabilities to create heavy and difficult things. As for the meaning of the term" ijtihad is mobilizing all capabilities for sharia law in a way that is both practical istinbath (deduction).

 

Ijtihad according to the terms of usul fiqh experts is to mobilize all capabilities in order to find a strong presumption in sharia law so that a mujtahid is no longer able to do more than it earned. It can also be said that, Ijtihad is the exertion of maximum effort performed by mujtahid in seeking knowledge of the ahkam (rules) of the Shari’ah through interpretation.”

Thus, by definition" ijtihad can be said as shariah if it meets three conditions:

First, mobilizing all capabilities that a mujtahid is no longer able to do more than it earned.

Second, the hard work was done in order to find a strong presumption against sharia law.

Third, a strong presumption that must be derived from shariah texts.

 

To protect Islamic law from the dangers of innovation and distortion the great scholars of usul-l-Fiqh laid down rigorous conditions to be fulfilled by anyone wishing to claim the right of Ijtihad for himself. A jurist must be a master of the Arabic language. He must have proficient knowledge of theology. A jurist must have a comprehensive knowledge of legal theory, usul al-fiqh, which governs the interpretative principles of legal language and the method of investigating the texts, the asbab al-Nuzul and the asbab alwurud, the nasikh wal Mansukh etc. He should have thorough Knowledge of the Qur,an and Hadith and the exegesis. He must know what parts of the law have become subject to consensus. He must be a pious and practising Muslim. He should first seek the solution of a legal problem in the specific terms of the Qur,an and the Sunna, applying the accepted methods of interpretations and construction, including, the doctrine of Naskh , asbab etc., before considering Ijtihad.

 

These are the rules and regulations in the jurisprudence of variable for a scholar to issue a fatwa that would be recognized under Islamic law. Having established this, we may now consider whether fatwas issued by a scholar command any authority or.

 

However, unless he who makes any declaration on religious matters is extremely well-educated and trained in Islamic jurisprudence according to the rules and regulations mentioned above, he has no authority to issue a fatwa. The Prophet Muhammad (peace be upon him) said: whoever gives fatwa without knowledge, the angels of the heaven and the earth curse him. "

 

To issue a fatwa by an unqualified and unauthorized individual is impermissible and forbidden in Islam. Of course to relate the rulings of qualified scholars is permitted, provided it is transmitted without changing the context or wording. The fatwas of unqualified individuals are considered null and void.

 

Allah, the Most High knows best.  

 

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