Tag: Legal Reasoning الاجتهاد

Malik on Istihsan: Seeking the best ruling is nine tenths of knowledge

March 9, 2016

Az-Zarkashi reported: Malik ibn Anas, may Allah have mercy on him, said, “Seeking the best option (istihsan) is nine tenths of knowledge.” Al-Baji said, “Seeking the best option as applied by the Maliki scholars means to seek the opinion that is based on the stronger of two indications in the text.” Source: al-Baḥr al-Muḥīṭ 2/97 […]

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As-Suyuti on Law: There is no condemnation for Muslims who follow different scholarly opinions

August 10, 2015

As-Suyuti said, “A principle of Islamic law states that there is no condemnation of others in matters of scholarly disagreement. Rather, there is only condemnation in matters upon which all the scholars have agreed.” Source: Al-Ashbah wa Natha’ir 2/35 Ibn Taymiyyah said, “Whoever acts according to the opinions of scholars in matters of juristic discretion (ijtihad) […]

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Ibn Taymiyyah on Maslahah: The jurists’ definition of the principle of public welfare

January 9, 2015

Ibn Taymiyyah said, “The principle of public welfare (maslahah mursalah) is the case when a distinguished jurist (mujtahid) views another action as more likely to bring benefit and there is nothing in the law to negate it.” Source: Majmu’ Al-Fatawa 11/342 قال ابن تيمية الْمَصَالِحُ الْمُرْسَلَةُ وَهُوَ أَنْ يَرَى الْمُجْتَهِدُ أَنَّ هَذَا الْفِعْلَ يَجْلِبُ مَنْفَعَةً رَاجِحَةً […]

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Ibn Al-Qayyim on Fatwa: Islamic rulings and judgments may change by time, place, and condition

September 25, 2014

Ibn Al-Qayyim said, “As for knowing the condition of people, this is a tremendous principle required of the scholar and judge. For if he does not have a proper understanding of commanding and forbidding and then he applies one judgment over another, it will cause more harm than benefit. Indeed, if he does not understand the […]

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Ibn Taymiyyah on Mawlid: The Prophet’s birthday festival might be rewarded for good intentions but not innovations

April 30, 2013

Ibn Taymiyyah wrote regarding the celebration of the Prophet’s birthday, “Indeed, what they do is like the Christians who have taken the various days of Jesus, upon him be peace, as celebrations, as well as the Jews. The celebrations in Islam are legislated by Allah to be followed and nothing should be invented in the […]

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Ibn Taymiyyah on Companions: The companions are excused for their honest mistakes during the civil war

March 11, 2013

Ibn Taymiyyah said, “The Muslims should not delve into the disagreement which occurred between the companions and they must say that those traditions which are narrated about their misdeeds are false; some of them have been added to, omitted from, or distorted. Those narrations which are authentic indicate that they have been excused, for either […]

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Ibn Taymiyyah on Imams: The reason scholars disagreed over detailed interpretations

January 23, 2013

Ibn Taymiyyah said, “It is known that not one of the Imams would willingly oppose the tradition (sunnah) of the Messenger of Allah, peace and blessings be upon him, in any way, great or small. Indeed, they understood that it is an obligation to follow the Messenger. Every single person has his statements accepted or rejected except for the […]

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Hadith on War: The Prophet’s instructions for his battlefield commanders

December 10, 2012

Buraida reported: When the Messenger of Allah, peace and blessings be upon him, would appoint a commander over the army, he would personally enjoin him to fear Allah and to be good with the Muslims who were with him. Then the Prophet would say, “Go forth in the name of Allah and fight whoever disbelieves […]

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Hadith on Consultation: The one who is consulted is in a position of trust

October 15, 2012

Abu Huraira reported: The Messenger of Allah, peace and blessings be upon him, said, “The one is who is consulted is in a position of trust.” Source: Sunan At-Tirmidhi 2822 Grade: Hasan (fair) according to At-Tirmidhi عَنْ أَبِي هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمُسْتَشَارُ مُؤْتَمَنٌ 2822 سنن الترمذي كِتَاب الْأَدَبِ بَاب إِنَّ الْمُسْتَشَارَ […]

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Hadith on Judgments: The Prophet would pass judgment based upon a witness and an oath

October 14, 2012

Ibn Abbas reported: The Messenger of Allah, peace and blessings be upon him, would pass judgment based upon a witness and an oath. Source: Musnad Ahmad 2881 Grade: Sahih (authentic) according to Ahmad Shakir عَنِ ابْنِ عَبَّاسٍ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَضَى بِالشَّاهِدِ وَالْيَمِينِ 2881 مسند أحمد ومن مسند بني هاشم مسند عبد الله […]

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