Podcast
Questions and Answers
What is the primary role of Ijma’ in Islamic jurisprudence?
What is the primary role of Ijma’ in Islamic jurisprudence?
What distinguishes Ijma’ from other sources of Islamic law?
What distinguishes Ijma’ from other sources of Islamic law?
In the context of Ijma’, what do scholars leverage to determine public welfare?
In the context of Ijma’, what do scholars leverage to determine public welfare?
Which school of thought emphasizes individual Ijtihad in a more structured approach compared to others?
Which school of thought emphasizes individual Ijtihad in a more structured approach compared to others?
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What aspect of Ijma’ contributes significantly to the evolution of Islamic law?
What aspect of Ijma’ contributes significantly to the evolution of Islamic law?
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What is the primary function of Ijma’ in Islamic jurisprudence?
What is the primary function of Ijma’ in Islamic jurisprudence?
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Which scenario illustrates the consensus of Ijma’ regarding financial transactions?
Which scenario illustrates the consensus of Ijma’ regarding financial transactions?
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How does Qiyas serve as a method of legal reasoning in Islamic law?
How does Qiyas serve as a method of legal reasoning in Islamic law?
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In what situation would Islamic scholars resort to Ijtihad?
In what situation would Islamic scholars resort to Ijtihad?
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What is the underlying rationale (illah) for the prohibition of intoxicants like Khamr according to Qiyas?
What is the underlying rationale (illah) for the prohibition of intoxicants like Khamr according to Qiyas?
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Study Notes
Ijma’ (Consensus)
- Contemporary issues can be addressed using the principles, values and rules of the Quran and Sunnah.
- Example: Jurists have reached an Ijma’ on the prohibition of forward sales, where the good sold and its price are both debt obligations to be delivered at a future point in time.
- Example: Jurists have reached an Ijma’ that philanthropic activities, other than Zakat, are a collective obligation of society.
Qiyas (Analogy)
- Qiyas is a technique used to assign an existing legal rule to a new scenario by using an existing ruling for a similar case.
- Qiyas is used when there is no direct rule in the Quran or Sunnah.
- Example: The prohibition of Khamr (grape wine) is based on the underlying rationale of intoxication, which is against Shariah’s objective of preserving the intellect. This rationale is applied to other intoxicating substances to extend the prohibition.
Ijtihad (Scholarly Interpretation)
- Two types of Ijtihad: individual Ijtihad performed by scholars and collective Ijtihad.
- Scholars use other Shariah sources to resolve issues, considering factors like public welfare, common plight, local traditions, Shariah objectives and ultimate wisdom.
- Collective Ijtihad occurs when a group of scholars interpret an issue together.
Schools of Jurisprudence
- There are four Sunni schools of jurisprudence (Hanbali, Maliki, Shafi’i, and Hanafi) and one Shi’a (Ja’afari).
- All schools use the Quran and Sunnah as primary sources but differ in their interpretations.
- Schools are often placed on a continuum, with Hanbali emphasizing literal interpretation and Hanafi favoring logical reasoning.
- Maliki prioritizes the traditions of Medina, while Shafi’i standardized Ijtihad and created a hierarchical order for using Islamic law sources.
Bodies of Interpretation
- Individual scholars, Islamic financial institutions, Shariah supervisory boards (SSBs) of regulatory bodies, and the Islamic Fiqh Academy can interpret the Quran and Sunnah.
- SSBs are used by financial institutions to ensure that their practices align with Shariah.
- The SSB assesses financial instruments for Shariah compliance by reviewing product descriptions, market conditions, proposed Islamic principles, and issuing legal opinions (Fatawa).
- Constant dialogue between product development and scholars is vital in this process.
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Description
This quiz explores key concepts in Islamic jurisprudence, specifically Ijma’ (Consensus), Qiyas (Analogy), and Ijtihad (Scholarly Interpretation). Understand how scholars derive legal rulings from the Quran and Sunnah to address contemporary issues. Dive into practical examples that illustrate these principles in action.
