CSSMuslim Law

Q8. Write short notes on any TWO of the following: 2021

  • Imam Shafi’ I as the master-architect of Islamic jurisprudence
  • Meaning and scope of ijtihad
  • Implications of positive command (amr) and negative command (nahy) for various legal rules.

1. Imam Shafi’i as the expert engineer of Islamic law:

Imam Shafi’i, complete name Muhammad ibn Idris al-Shafi’i (767-820 CE), was an eminent Islamic researcher who made huge commitments to the field of Islamic law. He is viewed as the expert modeler of Islamic statute because of his efficient methodology and technique in sorting out and arranging legitimate standards.

Imam Shafi’i fostered a complete lawful technique that underlined the utilization of the Qur’an, Sunnah, agreement of researchers (ijma’), and thinking (qiyas) as hotspots for determining legitimate decisions. His methodology planned to figure out some kind of harmony between text based proof and the use of reason and analogical thinking.

His significant work, “Kitab al-Risala,” frames his procedure and standards of Islamic regulation. In this book, he characterized lawful decisions into five classes: required (wajib), suggested (mustahabb), admissible (mubah), deterred (makruh), and restricted (haram). He additionally underlined the significance of considering the social and relevant viewpoints while inferring lawful decisions.

Imam Shafi’i’s commitments established the groundwork for the improvement of different ways of thinking in Islamic law. His technique impacted ensuing legal scholars and keeps on being profoundly respected in the field of Islamic regulation.

2. Significance and extent of ijtihad:

Ijtihad is an Arabic expression that alludes to the course of autonomous legitimate thinking utilized by qualified law specialists (mujtahids) to determine lawful decisions in Islamic regulation. It includes the effort of scholarly work to apply the standards and wellsprings of Islamic regulation to resolve new and complex issues that are not expressly tended to in the Qur’an or Sunnah.

The extent of ijtihad incorporates a great many legitimate issues, including matters connected with love, exchanges, family regulation, and cultural undertakings. It permits law specialists to decipher and apply the standards of Islamic regulation with changing conditions and settings while complying to the crucial wellsprings of Islamic statute.

Ijtihad requires broad information on the Qur’an, Sunnah, standards of Islamic regulation, and knowledge of the insightful talk of past legal scholars. A unique interaction permits Islamic regulation to stay important and versatile, obliging the necessities and difficulties of contemporary times.

3. Ramifications of positive order (amr) and negative order (nahy) for different lawful principles:

In Islamic regulation, positive order (amr) and negative order (nahy) have suggestions for different legitimate guidelines.

Positive order (amr) alludes to a precept or commitment to play out a particular activity. It infers that the activity being directed is mandatory or suggested. For instance, the positive order to lay out the five day to day petitions to heaven commits Muslims to perform them routinely and reliably.

Negative order (nahy), then again, alludes to a disallowance or denial of a particular activity. It infers that the activity being denied is either wicked (haram) or deterred (makruh). For example, the negative order to abstain from polishing off liquor disallows Muslims from participating in the utilization of cocktails.

These orders, whether positive or negative, assist with laying out the legitimate system and moral limits inside which Muslims are supposed to carry on with their lives. They guide Muslims in figuring out what activities are mandatory, suggested, admissible, deterred, or denied.

Positive and negative orders act as the reason for different legitimate guidelines in Islamic regulation, including rules connected with demonstrations of love, social communications, moral lead, and lawful commitments. They give a reasonable structure to Muslims to figure out their privileges, commitments, and moral obligations inside the Islamic general set of laws.

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