Mujtahid
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Mujtahid
''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 (''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 "'' mujtahid''". Throughout the first five Islamic centuries, the practice of ''ijtihad'' continued both theoretically and practical ...
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Ijtihad
''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 (''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 "'' mujtahid''". Throughout the first five Islamic centuries, the practice of ''ijtihad'' continued both theoretically and practica ...
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Taqlid
''Taqlid'' (Arabic تَقْليد ''taqlīd'') is an Islamic term denoting the conformity of one person to the teaching of another. The person who performs ''taqlid'' is termed ''muqallid''. The definite meaning of the term varies depending on context and age. Classical usage of the term differs between Sunni Islam and Shia Islam. Sunni Islamic usage designates the unjustified conformity of one person to the teaching of another, rather than the justified conformity of a layperson to the teaching of '' mujtahid'' (a person who is qualified for independent reasoning). Shia Islamic usage designates the general conformity of non-''mujtahid'' to the teaching of ''mujtahid'', and there is no negative connotation. The discrepancy corresponds to differing views on Shia views on the Imamate and Sunni imams. In contemporary usage, especially in the context of Islamic reformism, it is often portrayed in a negative light and translated as "blind imitation". This refers to the perceived st ...
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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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Shia
Shīʿa Islam or Shīʿīsm is the second-largest Islamic schools and branches, branch of Islam. It holds that the Prophets and messengers in Islam, Islamic prophet Muhammad in Islam, Muhammad designated Ali, ʿAlī ibn Abī Ṭālib as his Succession to Muhammad, successor (''khalīfa'') and the Imamah (Shia doctrine), 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 Companions of the Prophet, Muhammad's other companions (''ṣaḥāba'') at Saqifah. This view primarily contrasts with that of Sunni Islam, Sunnī Islam, whose adherents believe that Muhammad did not appoint a successor before Death of Muhammad, his death and consider Abu Bakr, Abū Bakr, who was appointed caliph by a group of senior Muslims at Saqifah, to be the first Rashidun, rightful (''rāshidūn'') caliph after Muhammad. Adherents of Shīʿa Islam are c ...
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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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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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Principles Of Islamic Jurisprudence
Principles of Islamic jurisprudence, also known as ''uṣūl al-fiqh'' ( ar, أصول الفقه, lit. roots of fiqh), are traditional methodological principles used in Islamic jurisprudence (''fiqh'') for deriving the rulings of Islamic law (''sharia''). Traditional theory of Islamic jurisprudence elaborates how the scriptures (Quran and hadith) should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes secondary sources of law: juristic consensus ('' ijmaʿ'') and analogical reasoning ('' qiyas''). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal s ...
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Islamic Law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes ar ...
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Faqīh
A faqīh (plural ''fuqahā'', ar, فقيه, pl. ‏‎) is an Islamic jurist, an expert in ''fiqh'', or Islamic jurisprudence and Islamic Law. Definition Islamic jurisprudence or ''fiqh'' is the human understanding of the Sharia (believed by Muslims to represent divine law as revealed in the Quran and the ''Sunnah'' (the teachings and practices of the Islamic prophet Muhammad). Sharia expanded and developed by interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''Ulema'') and implemented by the rulings (''Fatwa'') of jurists on questions presented to them. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam. In the modern era there are four prominent schools (''madh'hab'') of ''fiqh'' within Sunni practice and two (or three) within Shi'a practice. The historian Ibn Khaldun describes ''fiqh'' as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respect ...
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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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Ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah. Exactly what group should represent the Muslim community in reaching the consensus is not agreed on by the various schools of Islamic jurisprudence. Some believe it should be the Sahaba (the first generation of Muslims) only; others the consensus of the Salaf (the first three generations of Muslims); or the consensus of Islamic lawyers, the jurists and scholars of the Muslim world, i.e. scholarly consensus; or the consensus of all the Muslim world, both scholars and lay people. The opposite of ''ijma'' (i.e., lack of consensus on a point of Islamic law) is called ''ikhtilaf''. Proof of the validity of Ijma In the Quran Imam Al-Shafi'i was once approached by an old man and was asked rearding proof of Ijma fro ...
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Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ...
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