1. Fatima Zahra (a.s) Group

2. Elucidation of Islamic Jurisprudence Types of Religion Sources Primary SourcesQuranTraditions Secondary Sources Consensus Reasoning- Shiites Analogy - Sunnah

3. The Quran  Holy Scripture of Islam believed by all Muslims to be direct and unaltered word of God. The Traditions  The religious actions and quotations of the Prophet Mohammad and narrated through his companions and Imams ( as per to Sunnah and Shi’ites).  Some Islamic Schools of Jurisprudence use different methods to judge the source’s level of authenticity. Primary Sources of Islamic Jurisprudence

4. “The primary sources do not explicitly deal with every conceivable fact “ Jurisprudence must refer to resources and authentic documents to find the correct course of action Necessity of The Secondary Sources

5. Sunnah View  Consensus.  Analogical Deduction Shi’ites View  Consensus.  Reasoning. Akhabriyin They rely only on Traditions Secondary Sources of Islamic Jurisprudence

6. Secondary Sources of Islamic Jurisprudence Comparisons between different Islamic Schools Islamic SchoolTypes of Secondary Sources of Islamic Hanafi Consensus Analogical Deduction and Independent Reasoning. Maliki Consensus Traditions and Analogical deduction Hanbali Consensus Traditions Analogical Deduction Shafii Consensus Uses Tradition more than Hanafi and uses analogy more than Maliki and Hanbali Shiites Usuli Consensus – Under special conditions Reasoning- Relay on it to find general principles based on Quran and Traditions Shiites Akhbariyin Rely more on Traditions and rejected Ijtihad

7. CONSENSUS- DEFINTION

8. Consensus – Islamic Sects Views First:- Shiites definition

9. Consensus – Islamic Sects Views Shiites View First Only the consensus of ‘ulema of the same period as the Prophet or Imams is binding. So, if in these times of ours a consensus occurs about something between all the ‘ulema with no exception, this is no way binding for subsequent ‘ulema. Second Consensus is not genuinely binding in its own right; rather it is binding in as much as it is means of discovering the Sunnah.

10. Consensus – Islamic Sects Views Second:- Sunnah definition

11. Who is eligible to participate in Consensus? Views of different Islamic Schools School of JurisprudenceFormation of ijma'Rationale Hanafithrough public agreement of Islamic juriststhe jurists are experts on legal matters Shafi’I through agreement of the entire community and public at large the people cannot agree on anything erroneous Maliki through agreement amongst the residents of Madina, the first Islamic capital Islamic tradition says "Medina expels bad people like the furnace expels impurities from iron" Hanbali through agreement and practice of Muhammad's Companions they were the most knowledgeable on religious matters and rightly guided Shiite (Usuli) only the consensus of the ‘Ulema of the same period as the Prophet or Shia Imams is binding. consensus is not genuinely binding in its own right, rather it is binding in as much as it is a means of discovering the Sunnah.

12. BINDING TESTIMONY OF CONSENSUS The Questions of the binding testimony of the consensus. The proofs of its being a binding testimony. The pursuing of the method by which proofs are benefited from it. In the Study of principles - the criteria below are subjected to debates

13. BINDING TESTIMONY OF CONSENSUS VIEWS OF SUNNAH ISLAMIC SECT-  if the Muslim nation finds the same point of view on an issue, that view is clearly the correct one.  According to this Tradition, the members of the Muslim nation are ruled in total as having the same status as a Prophet and being faultlessly free from error. The speech of the whole nation has the same rank as the speech of a Prophet, and all the nation, at the moment of finding the same view, are faultless, i.e. immaculate.  According to this view of the Sunni ‘ulema, since the whole nation is infallible, whenever such an agreed view occurs, it is as if divine inspiration has been revealed to the Holy Prophet.

14. BINDING TESTIMONY OF CONSENSUS VIEWS OF SHIITE ISLAMIC SECT- first They do not count such Tradition as being definitely from Prophet. Second They agree that it is impossible for all members of the whole nation to stray and to err, but the reason of this is that the leader of that nation, the Prophet or Imam, is a person who is infallible and immaculate. That the whole Muslim nation cannot err is because one particular member of the Muslim nation cannot err, not because from a group of people who are fallible, an infallible is formed Third The consensus of the whole nation. It is simply the consensus of a group, the group of managers or supervisors- i.e. the ‘ulema- of the nation. Furthermore, it is not even the consensus of all the ‘ulema of the nation, but the consensus of the’ulema from one sect from amongst the nation.

15. BINDING TESTIMONY OF CONSENSUS VIEWS OF SHIITE ISLAMIC SECT- Shi ’ ite do not maintain the same principle of consensus that the Sunni ‘ ulema maintain. Shi ’ ite maintains the binding testimony of the consensus only in as far as it is the means of discovering the Sunnah. In the thinking of the Shi ’ ite, whenever there is no proof in the Book and the Sunnah about a certain subject, suppose, but it is known that the general body of the Muslims, or a numerous group of the companions of the Prophet, or the companions of an Imam who did nothing except in accordance to the divine instructions, all used to act in a particular way, then we realize that in those times there existed an instruction of the Sunnah which we are unaware of.

16. Acquired consensus  it means the consensus, the knowledge of which the mujtahid has himself directly acquired as the result of minute research into history and the views and opinions of the companions of God’s Prophet or of the companions of the Imam, or of the people close to the time of the Imams.  It is a binding Testimony. Narrated consensus  This consensus is about which the mujtahid has no direct information, but which has been related by others.  It is not relied upon If certitude from the narrator by which it is narrated is not obtained. Therefore, the Single Report of consensus does not constitute a binding testimony, even though, as we have seen, the narrated Single Report of the Sunnah does, provided the chain of narrators meets the conditions. TYPES OF CONSENSUS

17. QUESTIONS ON CONSENSUS Shaykh al-Ansārī answered this question in the following way: Consensus being a source for religious verdicts is a not an accurate statement. True Consensus is a tool to establish the truth, and in this case, both the means and the truth are considered a proof.

18. QUESTIONS ON CONSENSUS There is no single answer. Attempts to find an answer to this question started at the time of Shaykh al-Tūsī and continue to this day. The answers fall under two categories:  Internal consensus: A consensus of mujtahids who lived in a period of time in which one of the Infallible was present. He was part of the consensus but nobody knew him personally. Therefore, this kind of a consensus is an authority. How do we know that the infallible was amongst them? This answer to that is to be found in the books of the principles of jurisprudence.  Linguistic consensus: This consensus informs us, in an intellectual way, that the infallible agreed with the ruling but was not part of the consensus. His duty is to prevent all of the scholars from making an incorrect consensus.

19. REASONING: Definition The existence or non-existence of a law is discovered by means of deduction and logic of reason in terms of a certain situation and in accordance with other laws.

20. BINDING TESTIMONY OF REASON. Principles related to reason are in two parts one Inner meaning or philosophy of the commandments two Requirements of the commands.

21. Inner Meaning / Philosophy of the commandment. Command (amr) Necessity of meeting the best interest of human beings Prohibition (nahy) Necessity of abstaining from their worst interest

22. Inner Meaning / Philosophy of the commandment. Meet the best interest of human beings Wajib and Mustahab Protect human beings from corruption. Makruh and Haram

23. If no law of shariah has been communicated, reasoning automatically discovers the law by forming a chain of logic. The best interest met in a similar previous case must necessarily be met in this case. The Legislator of Islam is definitely not indifferent; rather He commands the meeting of that best interest. Hence, in the quoted instances, the law of the Shari'ah is that the best interests be met.

24. One Example Opium or Opium Addiction Opium did not exist at the time and place of Holy Prophet. the narrated testimonies of the Quran and the Sunnah and consensus, have no testimonies particular to opium. Proofs of opium addiction, its corruptions is evident. A form of corruption is essentially to be avoided. Reasoning and knowledge coupled by the above law decides the law of opium. Addiction to opium is forbidden.

25. Reason and Shariah are inseparable Whatever is the law of reason is the law of shariah Whatever is the law of shariah is the law of reason

26. Requirements of the commands. Law made by a sane law-maker possessing intellect naturally has a chain of essentials that must be judged according to reason necessitates a certain other law necessitates the negation of a certain other law Law

27. Situation – 1 Huj Preparations for Huj Wajib Huj is wajib for a person who can afford it. It does not mean that it is wajib for a person who can afford it, only if he happens to be at Mecca at any point of his life. Instead, if Huj is wajib for such a person, then it is wajib for him to get the necessary arrangements like passport, visa and travelling be done and the Huj be performed.

28. Situation - 2 When a person is not able to perform two obligatory acts simultaneosly, he has to decide the importance of one over the other using his reasoning and logic. When two men, a good Muslim and a corrupt individual are in danger of their lives and we are able to save any one, then it becomes more important to save the good Muslim. In such a situation, saving the corrupt becomes less important when compared to saving the life of good Muslim.

29. Principles Principles of Deducing NarratedQuranSunnahConsensusReasonedReason Principles of Application