Why did the Islamic canon law scholars instead of Ijtihad while the door of Ijtihad is opened (permissible) prefer to subordinate themselves to a Sect and try to convey the particular sects de
First, Islamic canon law scholars, just because they thought that they did not have power to apply Ijtihad, (is defined literally as striving, exerting and in the jurisprudential sense, the capacity for making deductions in matters of law in cases to which to express text or rule already determined by consensus is applicable) they followed great Mujtahids (persons who apply Ijtihad), (competent independently to interpret divine law in practical situations using Ijtihad). On the other hand, in the second century mujtahids increased in numbers everywhere. Believers who follow a mujtahid started to see other mujtahids as incapable, moreover some exceeded their limits, and used ill-assorted language for them. These talking transformed into hassles during the course of time. They became ill disposed towards each other.
Affection and courtesy among believers were started to replace with antagonism and hatred. It broke out danger of both worldly and ethereal harms. To obstruct this danger mujtahids except four Imams (founded the four great canonical schools of thought of Islamic jurisprudence) (Abu Hanifa, Malik, Shafi'i, and Ahmad bin Hanbal) and following scholars laid down exercising Ijtihad, started to follow four Imams. Thereby, unity and solidarity among Muslims provided.
Muhammad Seyyid, from among Islamic canon law methodology scholars, in his work Medhal gives detailed explanations on this matter. Some important points from his work:
The reasons why Islamic canon law scholars not exercising Ijtihad.
1. (Some) Islamic canon law scholars are incapable of exerting and striving Islamic decrees directly from Quran and Hadiths.
2. Even they are capable of exercising Ijtihad in some of the cases, they laid down exercising it and followed four Imams just because they are incapable of doing that for all the matters.
3. Disunity and competition among scholars could cause disruption of unity and solidarity among believers that is why some laid down exercising Ijtihad.
M. Seyyid quotes Imam Ghazalis expression in his book.
Many fiqh (Islamic jurisprudence) scholars left exercising Ijtihad and started to imitate four Imams just to eliminate arguments that only cause mind confusions.
- What is the reason why madhhabs were formed and what are their benefits for people?
- Who is mujtahid-the performer of ijtihad, which is the act of deducing secondary judgments from the Quran and Hadiths-the sayings of Mohammad (pbuh)?
- What are the madhabs sects-school of thoughts- of practice?
- Why do we follow a madhhab?
- Could you please define the characteristics of the interpretation methodology of Prophet Muhammad (PBUH)? What are the characteristics, content and activities on the subject of interpretation of His ummah (Community of Muslim Believers)?
- Why is ijtihad necessary? Why did madhhabs choose the way of ijtihad when there was a lack of narrations?
- What is the issue of perfection-to act with perfect attention and utmost care- and permission-permissible ease in action in case of a hardship, can you explain?
- What does mukallit-imitator mean in the Islamic terminology? Can you explain?
- How is Ijtihad-in Islam, the act of deducing secondary judgments from the Quran and Hadiths-the sayings of Prophet Muhammad (pbuh)- in a certain way by the gifted people of knowledge- viewed in Islam?
- Which Islamic sect (madhhab) is better to follow? Which one is superior to others?