Independent Legal Reasoning In Islamic Law
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Independent Legal Reasoning In Islamic Law
''Ijtihad'' ( ; ar, اجتهاد ', ; lit. physical or mental ''effort'') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with ''taqlid'' (imitation, conformity to legal precedent). According to classical Sunni theory, ''ijtihad'' requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (''Principles of Islamic jurisprudence, usul al-fiqh''), and is not employed where authentic and authoritative texts (Qur'an and Hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (''ijma''). ''Ijtihad'' is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ''ijtihad'' is called as a "''Ijtihad#Qualifications of a mujtahid, mujtahid''". Throughout the first five Islamic centuri ...
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Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ''Allah'') as it was revealed to Muhammad, the Muhammad in Islam, main and final Islamic prophet.Peters, F. E. 2009. "Allāh." In , edited by J. L. Esposito. Oxford: Oxford University Press. . (See alsoquick reference) "[T]he Muslims' understanding of Allāh is based...on the Qurʿān's public witness. Allāh is Unique, the Creator, Sovereign, and Judge of mankind. It is Allāh who directs the universe through his direct action on nature and who has guided human history through his prophets, Abraham, with whom he made his covenant, Moses/Moosa, Jesus/Eesa, and Muḥammad, through all of whom he founded his chosen communities, the 'Peoples of the Book.'" It is the Major religious groups, world's second-largest religion behind Christianity, w ...
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Islamic Modernism
Islamic modernism is a movement that has been described as "the first Muslim ideological response to the Western cultural challenge" attempting to reconcile the Islamic faith with modern values such as democracy, civil rights, rationality, equality, and progress.''Encyclopedia of Islam and the Muslim World'', Thompson Gale (2004) It featured a "critical reexamination of the classical conceptions and methods of jurisprudence" and a new approach to Islamic theology and Quranic exegesis (''Tafsir''). A contemporary definition describes it as an "effort to re-read Islam's fundamental sources—the Qur'an and the Sunna, (the practice of the Prophet) —by placing them in their historical context, and then reinterpreting them, non-literally, in the light of the modern context." It was one of the of several Islamic movements – including Islamic secularism, Islamism, and Salafism – that emerged in the middle of the 19th century in reaction to the rapid changes of the time, especia ...
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He (letter)
He is the fifth letter of the Semitic abjads, including Phoenician Hē , Hebrew Hē , Aramaic Hē , Syriac Hē , and Arabic . Its sound value is the voiceless glottal fricative (). The proto-Canaanite letter gave rise to the Greek Epsilon Ε ε, Etruscan 𐌄, Latin E, Ë and Ɛ, and Cyrillic Е, Ё, Є, Э, and Ҩ. ''He'', like all Phoenician letters, represented a consonant, but the Latin, Greek and Cyrillic equivalents have all come to represent vowel sounds. Origins In Proto-Northwest Semitic there were still three voiceless fricatives: uvular , glottal , and pharyngeal . In the Wadi el-Hol script, these appear to be expressed by derivatives of the following Egyptian hieroglyphs V28' " thread", A28 ' " jubilation", compare South Arabian , , , Ge'ez , , , and O6 ' "court". In the Phoenician alphabet, ' and ' are merged into Heth "fence", while ' is replaced by ''He'' "window". Arabic hāʾ The letter is named '. It is written in several ways depending ...
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Gimel (letter)
Gimel is the third letter of the Semitic abjads, including Phoenician Gīml , Hebrew Gimel , Aramaic Gāmal , Syriac Gāmal , and Arabic (in alphabetical order; fifth in spelling order). Its sound value in the original Phoenician and in all derived alphabets, except Arabic, is a voiced velar plosive ; in Modern Standard Arabic, it represents either a or for most Arabic speakers except in Northern Egypt, the southern parts of Yemen and some parts of Oman where it is pronounced as the voiced velar plosive ( see below). In its Proto-Canaanite form, the letter may have been named after a weapon that was either a staff sling or a throwing stick (spear thrower), ultimately deriving from a Proto-Sinaitic glyph based on the hieroglyph below: T14 The Phoenician letter gave rise to the Greek gamma (Γ), the Latin C, G, Ɣ and yogh , and the Cyrillic Г and Ґ. Hebrew gimel Variations Hebrew spelling: Bertrand Russell posits that the letter's form is a conventionalized ...
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Triliteral
The roots of verbs and most nouns in the Semitic languages are characterized as a sequence of consonants or " radicals" (hence the term consonantal root). Such abstract consonantal roots are used in the formation of actual words by adding the vowels and non-root consonants (or "transfixes") which go with a particular morphological category around the root consonants, in an appropriate way, generally following specific patterns. It is a peculiarity of Semitic linguistics that a large majority of these consonantal roots are triliterals (although there are a number of quadriliterals, and in some languages also biliterals). Such roots are also common in other Afroasiatic languages. Notably, while Berber mostly has triconsonantal roots, Egyptian and its modern descendant, Coptic, both prefer biradical and monoradical roots. Triconsonantal roots A triliteral or triconsonantal root ( he, שורש תלת-עיצורי, '; ar, جذر ثلاثي, '; syr, ܫܪܫܐ, ') is a root containing ...
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Akhbari
The ʾAkhbāri's ( ar, أخباریون, fa, ‌اخباریان) are a minority of Twelver Shia Muslims who reject the use of reasoning in deriving verdicts, and believe in Quran and Hadith. The term ʾAkhbāri's (from ''khabāra'', news or report) is usually used in contrast to Usuli (from ''Uṣūl al-fiqh'', principles of Islamic jurisprudence). Unlike Usulis, Akhbaris do not follow or do Taqleed of a Mujtahid, the '' marja‘''s (models for imitation) who practice modern form of ijtihad (independent legal reasoning); consequently they do not accept Usul al-fiqh. Akhbaris perform Taqleed of Imam Muhammad al-Mahdi the Twelfth Imam of Shias who is in the Occultation. They say Taqleed is permissible when it is performed of an infallible Hujja, whereas they consider Taqleed to be forbidden when it is performed of a non-Infallible. Contrary to Usulis, Akhbaris believe in the perpetuity of Sharia from only the infalibles, so the right to interpret the Quran is only to 14 infallib ...
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Usul Fiqh In Ja'fari School
Ja'fari principles ( fa, علم اصول در مکتب جعفری) refers to regulations, history and eminent persons and scholars during the development of Shia's Principles of Islamic jurisprudence. History and development Imami jurists and early works Considering different stances in relation to Juridical rules and principles, there are some parties in the schools of Principles. These schools try to apply analytical approaches in their methodology. There are somebodies such as Zorarah Ibn Aayon, Muhammad Ibn Moslem, Abu Basir and also Hisham Ibn Salem. Among these individuals, Hisham Ibn Salem and His Pupils had eminent roles in development of principles among Shia. In this period two problems are so important such as difference of hadith in one hand and the distinctions of Ijtihad or authority in other hand. There are two early scholars in principles of jurisprudence who were eminent including Hisham ibn Hakam and Yunes Ibn Abd Al Rahman. Some scholars know Hisham ibn hakam ...
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Usuli
Usulis ( ar, اصولیون, fa, اصولیان) are the majority Twelver Shi'a Muslim group. They differ from their now much smaller rival Akhbari group in favoring the use of ''ijtihad'' (i.e., reasoning) in the creation of new rules of ''fiqh''; in assessing hadith to exclude traditions they believe unreliable; and in considering it obligatory to obey a '' mujtahid'' when seeking to determine Islamically correct behavior. Since the crushing of the Akhbaris in the late 18th century, it has been the dominant school of Twelver Shi'a and now forms an overwhelming majority within the Twelver Shia denomination. The name ''Usuli'' derives from the term '' Uṣūl al-fiqh'' (principles of jurisprudence). In Usuli thought, there are four valid sources of law: the Quran, hadith, ijma' and 'aql. Ijma' refers to a unanimous consensus. Aql, in Shia jurisprudence, is applied to four practical principles which are applied when other religious proofs are not applicable: ''bara'at'' (immu ...
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Muʿtazila
Muʿtazila ( ar, المعتزلة ', English: "Those Who Withdraw, or Stand Apart", and who called themselves ''Ahl al-ʿAdl wa al-Tawḥīd'', English: "Party of ivineJustice and Oneness f God); was an Islamic group that appeared in early Islamic history and were known for their neutrality in the dispute between Alī and his opponents after the death of the third caliph, Uthman. By the 10th century CE the term had also come to refer to an Islamic school of speculative theology (kalām) that flourished in Basra and Baghdad (8th–10th century).Mutazilah
", ''''.
The later Mu'tazila school developed an

Ahkam
''Ahkam'' (, ar, أحكام "rulings", plural of ()) is an Islamic term with several meanings. In the Quran, the word ''hukm'' is variously used to mean arbitration, judgement, authority, or God's will. In the early Islamic period, the Kharijites gave it political connotations by declaring that they accept only the ''hukm'' of God (). The word acquired new meanings in the course of Islamic history, being used to refer to worldly executive power or to a court decision. In the plural, ''ahkam'', it commonly refers to specific Quranic rules, or to the legal rulings derived using the methodology of fiqh. Sharia rulings fall into one of five categories known as "the five decisions" (''al-aḥkām al-khamsa''): mandatory (''farḍ'' or ''wājib''), recommended (''mandūb'' or ''mustaḥabb''), neutral/permissible (''mubāḥ''), reprehensible (''makrūh''), and forbidden (''ḥarām''). According to scholar of Islam Joseph Schacht, the categories were developed at least two cent ...
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Shia Islam
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most notably at the event of Ghadir Khumm, but was prevented from succeeding Muhammad as the leader of the Muslims as a result of the choice made by some of Muhammad's other companions (''ṣaḥāba'') at Saqifah. This view primarily contrasts with that of Sunnī Islam, whose adherents believe that Muhammad did not appoint a successor before his death and consider Abū Bakr, who was appointed caliph by a group of senior Muslims at Saqifah, to be the first rightful (''rāshidūn'') caliph after Muhammad. Adherents of Shīʿa Islam are called Shīʿa Muslims, Shīʿītes, or simply Shīʿa or Shia. Shīʿa Islam is based on a ''ḥadīth'' report concerning Muhammad's pronouncement at Ghadir Khumm.Esposito, John. "What Everyone Nee ...
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Imamate In Shia Doctrine
In Shia Islam, the Imamah ( ar, إمامة) is a doctrine which asserts that certain individuals from the lineage of the Islamic prophet Muhammad are to be accepted as leaders and guides of the ummah after the death of Muhammad. Imamah further says that Imams possess divine knowledge and authority (Ismah) as well as being part of the Ahl al-Bayt, the family of Muhammad. These Imams have the role of providing commentary and interpretation of the Quran as well as guidance. Etymology The word "Imām" denotes a person who stands or walks "in front". For Sunni Islam, the word is commonly used to mean a person who leads the course of prayer in the mosque. It also means the head of a ''madhhab'' ("school of thought"). However, from the Shia point of view this is merely the ''basic'' understanding of the word in the Arabic language and, for its proper religious usage, the word "Imam" is applicable ''only'' to those members of the house of Muhammad designated as infallible by the pr ...
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