6,632
edits
Daleel: Difference between revisions
Jump to navigation
Jump to search
m
no edit summary
| [checked revision] | [checked revision] |
mNo edit summary |
mNo edit summary |
||
| Line 4: | Line 4: | ||
In a more literal sense, daleel is also used to refer to empirical realities that are relevant to an Islamic ruling. If, for instance, a judge needs to establish whether or not a contract was made, then the judge might require evidence, or a daleel, for the establishment of this fact, such as witnesses to the contract or a document.<ref><nowiki>http://www.oxfordislamicstudies.com/article/opr/t125/e481</nowiki></ref> | In a more literal sense, daleel is also used to refer to empirical realities that are relevant to an Islamic ruling. If, for instance, a judge needs to establish whether or not a contract was made, then the judge might require evidence, or a daleel, for the establishment of this fact, such as witnesses to the contract or a document.<ref><nowiki>http://www.oxfordislamicstudies.com/article/opr/t125/e481</nowiki></ref> | ||
== Qur'an == | ==Qur'an== | ||
The Qur'an is the primary point of reference in deriving Islamic law, as it is considered maximally authoritative, being the exact words of God, and is held to be better, and indeed perfectly, preserved relative to the hadith. And while a critical look seems to suggest that [[Corruption of Previous Scriptures|the Qur'an likely changed quite a bit]] before being standardized after the prophet's death, none would disagree that the Qur'an is ultimately a more reliable and historical document than the hadith, which were written roughly 200 years later. | The Qur'an is the primary point of reference in deriving Islamic law, as it is considered maximally authoritative, being the exact words of God, and is held to be better, and indeed perfectly, preserved relative to the hadith. And while a critical look seems to suggest that [[Corruption of Previous Scriptures|the Qur'an likely changed quite a bit]] before being standardized after the prophet's death, none would disagree that the Qur'an is ultimately a more reliable and historical document than the hadith, which were written roughly 200 years later. | ||
| Line 43: | Line 43: | ||
The most often quote version of the Farewell Sermon reportedly does not have a source. You can read the genuine Farewell Sermon text [[The Farewell Sermon|here]]. Note that in this version Muhammad orders men to beat women, and these orders coincide with the Qur'anic order of [[Wife Beating in Islam|wife-beating]]. He also compares women to domestic animals. | The most often quote version of the Farewell Sermon reportedly does not have a source. You can read the genuine Farewell Sermon text [[The Farewell Sermon|here]]. Note that in this version Muhammad orders men to beat women, and these orders coincide with the Qur'anic order of [[Wife Beating in Islam|wife-beating]]. He also compares women to domestic animals. | ||
== Ijma (إجماع) == | ==Ijma (إجماع)== | ||
=== Daleel for the daleel === | ===Daleel for the daleel=== | ||
The term Ijma refers to scholarly consensus in particular, but literally translates to simply mean "consensus". This distinction is generally ignored by the schools of Islamic law, as they understand Ijma to simply mean consensus between educated, scholarly Muslims. The doctrine of Ijma upon which the daleel of Ijma is based arises from the following hadith. However, this hadith itself does not make this specification, and refers only more generally to the Muslim [[Ummah|''ummah'']], or community of believers at large:{{Quote|{{Al Tirmidhi||4|7|2167}}|Ibn 'Umar narrated that the Messenger of Allah(s.a.w) said: 'Indeed Allah will not gather my Ummah " - or he said: "[Muhammad's] Ummah upon deviation, and Allah's Hand is over the Jama'ah, and whoever deviates, he deviates to the Fire."}} | The term Ijma refers to scholarly consensus in particular, but literally translates to simply mean "consensus". This distinction is generally ignored by the schools of Islamic law, as they understand Ijma to simply mean consensus between educated, scholarly Muslims. The doctrine of Ijma upon which the daleel of Ijma is based arises from the following hadith. However, this hadith itself does not make this specification, and refers only more generally to the Muslim [[Ummah|''ummah'']], or community of believers at large:{{Quote|{{Al Tirmidhi||4|7|2167}}|Ibn 'Umar narrated that the Messenger of Allah(s.a.w) said: 'Indeed Allah will not gather my Ummah " - or he said: "[Muhammad's] Ummah upon deviation, and Allah's Hand is over the Jama'ah, and whoever deviates, he deviates to the Fire."}}Moreover, the above hadith was not considered by classical scholars to be authentic beyond all doubt, and thus did not suffice as a basis for certain knowledge regarding what [[Muhammad]] said. Still, somewhat circularly, these same scholars argued that consensus existed on the validity of the hadith itself, and thus the narration was reliable.<ref>Brown, Jonathan A.C. (2014). ''Misquoting Muhammad: The Challenge and Choices of Interpreting the Prophet's Legacy''. Oneworld Publications. p. 56. ISBN <bdi>978-1780744209</bdi>. Retrieved 4 June 2018.</ref> | ||
=== Definitions === | ===Definitions and possibility=== | ||
Various views exist on the nature of Ijma, ranging on two | Various views exist on the nature of Ijma, ranging on two spectrum: one the broadens and narrows the group of people required to participate in the consensus, and the other that makes it more or less difficult to ascertain whether or not a consensus has in fact occurred. Some argue(d) that Ijma was necessary among all the Muslims alive on earth, and others argued that it was only required among the companions or the scholars of a certain sect or school of law. Some argue(d) that even if Ijma was ascertainably a basis for doctrine, it would be impossible to observe, since no one could interview every living Muslim or even every living Muslim scholar (for one could be hiding, forgotten, or just refuse to comment); others argued that so long as no one voiced a vocal objection (or, perhaps, if records of dissenting voices were simply lost or not recorded), the "silence" of the scholarly community could be interpreted as their assent, thus making Ijma far more feasible.<ref>Mohammad Taqi al-Modarresi (26 March 2016). ''The Laws of Islam'' (PDF). Enlight Press. ISBN <bdi>978-0994240989</bdi>. Retrieved 23 December 2017.</ref><ref>D. Mullah & M. Hidadjatullah, ''Principles of Mahomedan Law'' xxii (16th ed. 1968)</ref> | ||
== Qiyas (قياس) == | ==Qiyas (قياس)== | ||
<br /> | <br /> | ||
==See Also== | ==See Also== | ||