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Hammad Lakhvi

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  1. 1. ‫بسم هللا الرحمن الرحيم‬‫نحمده و نصلى على رسوله الكرٌم و على آله وأهل بٌته وأصحابه أحجمعٌن‬ ‫مثل كلمة طٌبة كشجرة طٌبة أصلها ثابت و فرعها فً السماء‬ ‫والعصر‬ ‫إن اإلنسان لفً خسر‬ ‫إال الذٌن آمنوا وعموا الصالحات وتواصوا بالحق بالصبر‬
  2. 2. ‫بسم هللا الرحمن الرحيم‬Iqbal’s view of Ijtihad Presented To: Highly Respectable and Reputable: Dr. Hammad Lakhvi By: Muhammad Abdullah
  3. 3. Dr. Muhammad Iqbal (1877-1938)Our National Poet
  4. 4. The Reconstruction of ReligiousThought in Islam (1930) This is a collection of Iqbal‟s six lectures which he delivered at Madras, Hyderabad and Aligarh. Iqbal calls for the renewal of the intellectual foundations of Islamic philosophy in a manner suited to the scientific climate of the modern age.
  5. 5. The Reconstruction of ReligiousThought in Islam (1930) He tries to meet the challenge of materialist thought on its own ground. These issues are discussed briefly in a thought provoking manner in the light of Islam and the modern age.
  6. 6. The Principles of Movement in theStructure of Islam.(‫)إجتهاد‬ Importance of Ijtihad. Political system of Islam. Turkish Movements. Limits of Ijtihad. Sources of Ijtihad. Closings & conclusions. Questions.
  7. 7. Importance Of IjtihadTendency Of The Universe: 1. Physically universe is expanding, and its expansion is very much balanced in nature. 2. Muslims never believed its old static theory. ‫ والسماء بنٌنا ها بأٌد و إنا لموسعون‬ ‫ إن هللا ٌمسك السماوات واألرض ألن تزوال‬
  8. 8. Importance Of IjtihadFrom Human History: 1.Christianity failed due to monasticism in the Roman Empire. 2. The 4000 years old civilization destroyed due to Static bases ‫ظهر الفساد فً البر والبحر بما كسبت أٌدي الناس لٌذٌقهم بعض الذي‬ ‫عملوا لعلهم ٌرجعون‬
  9. 9. Importance Of IjtihadTendency Of The Human Nature: 1. Color, race, traditions, land and other Static Symbols of life are not essential. ‫إن أكرمكم عند هللا اتقى كم‬ 2. Psychological foundation of human unity becomes possible only with the view that all human life is spiritual in its origin ‫فإذا سوٌته ونفخت فٌه من روحى فقعوا له سجدٌن‬
  10. 10. Importance Of IjtihadNeed Of New Civilization: The new culture finds the foundation of world-unity in the principle of Tauhid. As Allah is the ultimate spiritual basis of all life, loyalty to Allah is truly mans loyalty to his own ideal nature.
  11. 11. Importance Of IjtihadNatural Structure Of Islam: 1. Everlasting Principles: So that it may not dissolve in this dynamic universe, and to regulate its collective life. 2. Dynamic principles: Because the variation is among the Biggest signs of Allah. ‫ومن آٌته خلق السموت واألرض واختالف ألسنتكم وألونكم‬ Idealism and flexibility are two basic tools for life survival. ‫مثل كلمة طٌبة كشجرة طٌبة أصلها ثابت و فرعها فً السماء‬
  12. 12. Importance Of IjtihadIn The Light Of Quran:Well-known verse of the Quran:–“And to those who exert We show Our path.” )‫والذٌن جاهدوا فٌنا لنهدٌنهم سبلنا و إن هللا لمع المحسنٌن (القرآن‬
  13. 13. Importance Of IjtihadIn The Light Of Hadith:Maaz Bin Jabal Appointed To Yemen:- “I will judge matters according to the Book of God," Prophet asked: “But if the Book of God contains nothing to guide you? He answered “Then I will act on the precedents of the Prophet of God.” Prophet asked again:" But if the precedents fail?” He answered: “Then I will exert to form my own judgment.”
  14. 14. ‫‪Importance Of Ijtihad‬‬‫:‪In The Light Of Hadith‬‬ ‫َْ َ ِ‬ ‫َّ َ ِ َ َ َ َ َ َ ُ َ ً‬ ‫َّ ِ َ‬ ‫أَنَّ رسول َ هللا صلَّى هللا ُ عل ٌَْه وسلَّم بعث معاذا إِلَى الٌمن‬ ‫َ ُ‬ ‫‪‬‬ ‫َْ َ َْ‬ ‫فقال َ: كٌف تقضِ ً؟؟‬ ‫ََ‬ ‫‪‬‬ ‫ِ َ ِ َّ‬ ‫فقال َ: أ َْقضِ ً بما فًِ كتاب هللاِ.‬ ‫َِ‬ ‫ََ‬ ‫‪‬‬ ‫ِ َ ِ َّ‬ ‫قال َ: فإِنْ لَم ٌكنْ فًِ كتاب هللاِ؟؟‬ ‫ْ َُ‬ ‫َ‬ ‫َ‬ ‫‪‬‬ ‫َّ َ ِ َ َ َ‬ ‫َ ِ ُ َّ ِ َ ُ ِ َّ َ‬ ‫قال َ: فبسنة رسول هللاِ صلَّى هللا ُ عل ٌَْه وسلَّم.‬ ‫َ‬ ‫‪‬‬ ‫َّ َ ِ َ َ َ‬ ‫ُ َّ ِ َ ُ ِ َّ َ‬ ‫قال َ: فإِنْ لَم ٌكنْ فًِ سنة رسول هللاِ صلَّى هللا ُ عل ٌَْه وسلَّم ؟؟‬ ‫ْ َُ‬ ‫َ‬ ‫َ‬ ‫‪‬‬ ‫قال َ: أَجتهد رأًٌْ.‬ ‫َْ ُِ َ ِ‬ ‫َ‬ ‫‪‬‬ ‫َّ َ ِ َ َ َ‬ ‫َ ُ ِ َّ َ‬ ‫َ َّ َ َ ُ‬ ‫ْ َ ْ ُ ِ َّ‬ ‫قال َ: الحمد ّلِلِ الَّذِي وفق رسول َ رسول هللاِ صلَّى هللا ُ عل ٌَْه وسلَّم‬ ‫َ‬ ‫‪‬‬ ‫أحمد ,أبو داؤد , ترمذي , دارمى‬
  15. 15. Importance Of IjtihadIslamic Historical Evidence:The early schools of Law recognize its three degrees(1) Complete authority in legislation, that Used by the founders.‫إجتهاد فى الشرائع‬(2) Relative authority, that used by the followers of founders. ‫إجتهاد فى المذاهب‬(3) Special authority, to a particular case which was left by the founders.‫إجتهاد فى المسائل‬
  16. 16. Importance Of IjtihadWhy It Stopped ?? Abbasid did not appreciate it to keep their control for long time. Due to clash between different inflexible schools, Sufism attracted and finally wrapped up all the best minds in Islam. For fear of further collapse, after Baghdad fall, old thinkers of Islam focused on preserving a uniform social life.
  17. 17. Importance Of IjtihadNeed To Restart: Since the real destiny of a people does not depend so much on organization as on the value of individual men. After 13th century the tendency to over- organization by a false respect of the history was not according to the inner desire of Islam. The spirit of Tauhid as a working idea is equality, solidarity, and freedom.
  18. 18. Importance Of IjtihadHow It Restarted ??1. Ibn e Taimīyyah rose voice against the finality of the schools and he rejected Hanafi standard of Qiyas.2. Suyūtī claimed the same right of Ijtihād3. Muhammad Ibn „Abd al-Wahhāb stressed on the traditions of the Prophet instead of static Fiqah.
  19. 19. Political System Of Islam.Introduction: “We have to re-evaluate our intellectual inheritance, so we have a check on the rapid movement of liberalism in the world of Islam.” The State, according to Islam, is only an effort to realize the spiritual in a human organization.
  20. 20. Political System Of Islam.Nationalist &Religious Parties: In Islam the spiritual and the secular are not two separate domains. As Holy Prophet PBUH said: “The whole of this earth is a mosque.” Turkish Nationalists get the idea of the separation of Church and State from the history of European politics, which is not true in Islam.
  21. 21. Political System Of Islam.State, Christian View: Christianity was not appeared as a political unit, but as a simple order in a dirty world, and obeying the Roman law in all matters. When the State became Christian, there came out clash between them. Such a thing could never happen in Islam; Islam was started as a civil society having a set of simple legal principles of Quran.
  22. 22. Political System Of Islam.Caliphate, Ibne Khuldoon‟s View:He gives three Hypotheses:1. That Universal Imamate is a Divine body, and is so essential (Ahle Sunaat)2. That it is simply a matter of Use ness (Mutaziala)3. That there is no need of such an institution (Khuwarij)
  23. 23. Political System Of Islam.Caliphate, Turkish View: Turk has the 2nd opinion due their past political experience, because free Muslim States are appeared, and there is no Muslim Caliphate. As the power of the Quraysh has gone, so we have to accept the most powerful man as Imam.
  24. 24. Movement In TurkeyIntroduction: After Great War, Turkey has given up her sleep, and got her self-consciousness. She alone has passed from the ideal to the real, whereas most Muslim countries are mechanically repeating their old values.
  25. 25. Movement In TurkeyTurkish Poet “Ziya”:“ Restoring the Muslim Caliphate” “Muslim nation must sink into her own deeper self, until all are strong and powerful to form a living family of republics.” i.e. Islam is neither Nationalism nor Imperialism but a League of Nations which knows artificial borders for reference only, and not for restricting the social horizon of its members. ‫وجعلناكم شعوبا وقبائل لتعارفوا‬
  26. 26. Movement In TurkeyTurkish Poet “Ziya”:“Religion and Science” First spiritual leaders of mankind were the prophets, so philosophy followed them, but after them religion became weak, so philosophy rejected it and positive science appeared, that says, “Tradition is history and Reason is the method of history!” Religion and Science, both find spiritualized heart.
  27. 27. Movement In TurkeyTurkish Poet “Ziya”:“Arabic in the educational system” “If the aim of religion is to spiritualize the heart, then it must enter the soul of man, in his mother tongue.” According to Quran: ‫”وما أرسلنا من الرسول إال بلسان قومه لٌبٌن لهم فٌضل من ٌشاء‬ “‫و ٌهدى من ٌشاء وهو العزٌز الحكٌم‬ 4 ‫إبراهٌم آٌة‬
  28. 28. Movement In TurkeyTurkish Poet “Ziya”:“Idea of Womanhood ” “Woman is an integral part of my life. Hence equality is necessary in three things, divorce, separation and inheritance.” Otherwise she‟ll try to get her rights from our hands through a revolution.
  29. 29. Limits Of IjtihadLiberal Ijtihad Calls Disparity: 1. Our Reformers may not exceed the proper limits of Ijtihad as happened with Protestants, which produced the war in Europe. 2. We should move forward with self-control to set up an Islamic social society. 3. Non Muslims have not any kind of authority for Ijtihad.
  30. 30. Limits Of IjtihadCapability Of Evolution: Hazrat Umer said: “The Book of God is sufficient for us.” Horten, (University of Bonn) said: “A Muslim always adjusts his religious outlook to the basics of culture which he takes from the peoples that surround him.” The founders of our schools did not claim finality of their Laws.
  31. 31. Limits Of IjtihadCapability Of Evolution: Up to the beginning of Abbasids, there was no written law of Islam except for the Qur‟an. Up to the 19 schools of law appeared from 50 Hijri to 400 Hijri. Four accepted sources of Islamic Law and their controversies prove further possibility of a further evolution.
  32. 32. Sources Of Ijtihad: 1.QuranA Complete Guidance:Spiritualizing: Unlike Christianity and Judaism; Quran combines all fields of life in a single contact to spiritualize individual and social life, it has dynamic point of view so it can support the idea of evolution.Personal Identity: People cannot reject their past completely, because it is their personal identity.
  33. 33. Sources Of Ijtihad: 1.QuranA Complete Guidance:Universality: Islam is not a local in its character, and its aim is to give a model for the final combination of humanity by self-consciousness of their own.Equality: Socially neutral rules are not need to be changed because they produce external and internal equality in all types of people.
  34. 34. Sources Of Ijtihad: 1.QuranLegal Structure Of Quran: Our early doctors of law took their ideas mainly from Holy Quran and produced many legal systems; and nearly half the victories of Islam as a social and political power were due to the legal depth of these doctors, but they could not claim any finality of their legal systems. Shātibī says: The Law of Islam aims to save five things, Dīn, Nafs, ‘Aql, Māl, and Nasl.
  35. 35. Sources Of Ijtihad: 1.QuranWomanhood And Quran: Ziya could not realize family law of Islam.1. The wife at the time of marriage is at liberty to get the equality of divorce with her husband.2. In Islam marriage is a civil contract. ‫ مٌثقا ً غلٌظا‬3. Differences in the shares of inheritance do not mean low social status of woman. ‫ ولهن مثل الذى علٌهن بالمعرف‬
  36. 36. Sources Of Ijtihad: 1.QuranWomanhood And Quran: A husband in Islam uses his inheritance to support his family while a wife has not to so compulsorily. He pays a marriage gift to his wife rather than the opposite. ‫وعلى المولود له رزقهن وكسوتهن بالمعروف‬ ‫وآتوا النساء صدقتهن نحلة‬
  37. 37. Sources Of Ijtihad: 1.QuranQuran And Woman Heirs: There are three possible cases: Both have equal share Man gets more Woman gets more
  38. 38. Sources Of Ijtihad: 1.QuranQuran And Woman Heirs:1. Both have equal shareParents have equal partIf there are children FatherFather = 1/6 Mother ChildrenMother = 1/6Children = Remaining ‫وألبوٌه لكل واحد منهما السدس‬
  39. 39. Sources Of Ijtihad: 1.QuranQuran And Woman Heirs:2. Man gets moreDaughter and son caseSon = 2/3Daughter = 1/3 ‫ٌوصٌكم هللا فً أوالدكم للذكر مثل حظ األنثٌن‬
  40. 40. Sources Of Ijtihad: 1.QuranQuran And Woman Heirs:3. Woman gets more:Parents- Husband caseAccording to Ibn AbbasFather = 1/6Mother = 1/3Husband = 1/2 ‫ان لم ٌكن له ولد وورثه أبواه فألمه الثلث‬  ‫ولكم نصف ماترك ازواجكم إن لم ٌكن لهن ولد‬ 
  41. 41. Sources Of Ijtihad: 2.HadithAuthenticity Of Hadith: “Most part the collections of Sunnah considered by the Moslems as canonical are authentic records of the early history of Islam.” (Mohammedan Theories of Finance)
  42. 42. Sources Of Ijtihad: 2.HadithTypes Of Hadith: We have two types of Hadith, purely legal and non-legal in spirit. Hadith Legal Other
  43. 43. Sources Of Ijtihad: 2.HadithPre-Islamic Traditions Of Arabia Such legal customs of Pre-Islamic Arabia having silent Traditions support of the Holy Prophet PBUH were Of Arabia planned to be universal in their use, Or they now could be Modified Taken modified by other by the as a cultures? Prophet whole
  44. 44. Sources Of Ijtihad: 2.HadithSha Wali Allah: Wahi & Local Culture A Prophet gives the revealed Principles based on the social life of all mankind, and to give a suitable example of these Principles he applies them directly to the local culture of his nation. The Ahkām resulting from this application (e.g. penalties & crimes) are in a sense specific to that people; these rules cannot be strictly required in the case of future generations or in another culture.
  45. 45. Sources Of Ijtihad: 2.HadithImam Abu Hanifa‟s View: Abū Hanīfah did not use of these traditions due to universal character of Islam. He introduced the principle of Istihsān, which is careful study of actual conditions in legal thinking.
  46. 46. Sources Of Ijtihad: 2.HadithMuhaditheen‟s View: Muhaditheen, used solid case instead of hypothetical thinking in law, have done the greatest service to the Law of Islam.
  47. 47. Sources Of Ijtihad: 2.HadithA Way To Recognize Quran: A deep study of Hadith, tells us the life-value of the legal principles pointed out in the Qur‟an. It can provide us a rule to reinterpret the foundational principles. ‫قل أطٌعوا هللا والرسول فإن تولوا فإن هللا الٌحب الكفرٌن‬
  48. 48. Sources Of Ijtihad: 3.IjmaaIjmaa Of The Companions: Karkhee says: “The Ijmā‘ of the Sunnah of Sahaba is only compulsory in companions issues which cannot be cleared up by Qiyās, but it is not so in matters which can be known by Qiyās.” Fact Law
  49. 49. Sources Of Ijtihad: 3.IjmaaIjmaa, After companions : Umayyad and the Abbasid Caliphs did not allow establishing a stable lawmaking body so it might become too powerful for them. Therefore they give power of Ijtihād to individual Mujtahids.
  50. 50. Sources Of Ijtihad: 3.IjmaaPersian constitution of 1906: “The king is a natural custodian of the kingdom which really belongs to the Absent Imām. The Ulema consider themselves free to control the whole life of the community”. It is not free from danger.
  51. 51. Sources Of Ijtihad: 3.IjmaaPrecautions in Modern Ijmaa: New world demands the idea of Ijmaa in modern Muslim assembly but it can make serious mistakes so to avoid these mistakes we have to improve our knowledge about the details of Islamic Law, and to combine it with a bright study of modern philosophy of Law.
  52. 52. Sources Of Ijtihad: 4.QiyasAn Introduction: Due to the variation of situation, the school of Abū Hanīfah saw, little or no guidance from traditions. So they had to find analogical approximate reason in their interpretations, which we may call Qiyas.
  53. 53. Sources Of Ijtihad: 4.QiyasLimitations Of Qiyas: Early Ahnaf ignored the creative freedom of life by applying the Aristotelian logic which resulted lifeless mechanism. The sharp criticism of Mālik and Shāfi„ī on Abū Hanīfah‟s principle of Qiyas be really an effective Semitic control on the Aryan tendency to enjoy the idea rather than the event. So the limits of Qiyas were declared and it became more creative.
  54. 54. Sources Of Ijtihad: 4.QiyasClosing The Ijtihad: It is pure fiction suggested partially by the crystallization of legal thought in Islam, and partially by that intellectual laziness. Now modern Ahnaf eternalized the teachings of their founders. As the early Maliki and Shafi„i eternalized the decisions given on concrete cases. Quran does not support both of these views.
  55. 55. ClosingsNeed Of Humanity :1. A spiritual interpretation of the universe,2. Spiritual freedom of the individual,3. Basic principles of a universal significance directing the evolution of human society on a spiritual basis
  56. 56. ClosingsEurope Vs Islam: Modern Europe is trying these three principles in her systems, but, by the view of rationalism whose function is to utilize the poor and care the rich, that is the greatest barrier in the way of man‟s ethical progression.
  57. 57. ClosingsCommon Muslim. The Muslim ultimately believes in revelation, which, speaking from the inmost depths of life, personalizes its own apparent externality. He believes in spiritual basis of life so even a liberal man among us can easily lay down his life. So the modern Muslim has to reconstruct his social life in the light of these ultimate principles.
  58. 58. ConclusionsUniversality Of Islam: – Islamics Principles are very much strong and dynamic so they are valid absolutely. – Liberal Ijtihad could be very dangerous in practice. – We‟ll apply Islamic principles by careful Ijtihad to survive in this modern age.
  59. 59. Questions??1. Concept of Ijtihad in the light of Quran (Islam).2. Be it an institute in the entire Muslim History?3. When, how and who closed it?4. When, how and who reopened it?5. Who be the authority for it in 1st Hijri & now?6. Could be the structure of Islam moved?