The Discussion On The Proofs Of The Shari'ah

There are four proofs of the Shari'ah

Kitaabullaah, Sunnat, Ijma of the Ummat and Qiyaas. If any matter complies with one of these four proofs, then it is regarded as being credible and of consideration in the Shariah, if not, it is rejected. It is a grave error not to accept any one of these four proofs, or to pay no heed to them. [Da`wat `Abdiyat, page 119, vol. 15]

Part 1 - Ijmaa'

The Proof and Evidence for Ijmaa'

Someone once asked Imaam Shaafi (rahmatullahi alayh) if Ijma is proven from the Qur`aan Majeed or not. Seeking an answer to this, he completed (scanned through) the Qur`aan Majeed four times. He concluded that the following Aayat provided the relevant proof, “And whoever contradicts and opposes the Messenger after the right path has been shown clearly to him, and follows other than the believers’ way…” [Al-Ifaadhaatul Yawmiya, page 371, vol. 9]

The Reality of Ijmaa'

The reality of Ijma is that all the Ulama in a particular era had unanimously agreed on a Deeni ruling. If anyone abstains from this unanimity purposely or mistakenly, then he will not have a suitable and appropriate proof and he will not be excused from having erred also. The general rule is that non-adherence and nonacceptance to the Ijma does not affect the (validity or veracity of) Ijma, otherwise it would be difficult to claim and prove the continuity and immunity of the Qur`aan Majeed, because it is reported in Bukhaari Shareef that Hadhrat Ubai (radhiallahu anhu) opined the abrogated Aayaat as part of the Qur`aan Majeed, and Hadhrat Abu Darda (radhiallahu anhu) regarded the words وما خلق in Surah Lail and Ibn Mas`ood (radhiallahu anhu) the Muawwazatain as being not part of the Qur`aan Majeed.

Not even for a minute does any one aver that the Qur`aan Majeed is un-Protected or changed, in fact, all through the ages it has been accepted as being completely unadulterated. Since these personalities have certainly erred in their proofs, the Ulama of all ages have never regarded these views as being contrary to or even affecting the Ijma. However, because of their doubt, we will excuse them… [Al-Iqtisaad, page 38]

Zanni Ijmaa'

The object of Ijma is either the consensus of the majority of the Ummat or such Ijma is zanni (conjectured). However, for a zanni claim, a zanni proof is sufficient. [Ibid. page 70]

[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]

» Posted by Seifeddine-M on 25th October 2011

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