Studies in Ibāḍism (al-Ibāḍiyya)
Studies in Ibāḍism (al-Ibāḍīyya)
Publisher
Open Mind
Publication Year
2007 AH
footsteps and follow their tracks. "84 More evidence can be quoted to justify this attitude of Jabir. 85 When the Companions differ between themselves, Jabir retains the right to choose from their opinions whichever he prefers. In such cases he usually follows the opinion of his teacher Ibn 'Abbas.86
As for Abu 'Ubaidah Muslim b. Abi Karimah it is already mentioned that he accredited the views of his school to the Companions 'Abdullah b. Mas'ud, Abdullah b. Abbas and Abdullah b. Sallam, all of whom he described as being "firmly rooted in knowledge" 87 (al-rasikhuna fi al-'ilm). He also stated that "those who had intelligence and understanding would not be interested in views and opinions which emerged after the time of the Companions; it is the aim only of those who became lax in their worship to be interested in what happened after the Companions." 88
Although Jabir b. Zaid disliked writing down his opinions for fear that he might change them, he did not oppose using individual judgement in forming legal opinion on matters which were not dealt with by the Qur'an or Sunnah. His successor Abu Ubaidah discouraged the usage of ra'y in forming legal opinions. When he was told that the people of Oman deliver legal opinions on the basis of individual judgement, he commented, "They will never be safe with cases of marriage and blood-shed." 89
The approved method among early Ibadhi authorities on the formulation of legal opinions was that the decision in any legal case should be based in the first instance on the Qur'an; if there was no ruling to be derived from the Qur'an recourse should be to the Sunnah; if it was not dealt with in the Sunnah, it should be taken from the consensus of the Companions (ijma' al-Sahabah), and if the Companions differed among themselves in their opinions then the utmost care must be taken to choose the best of the Companions' opinions. In any case, where there was no previous decision on the question to be derived from the Qur'an, Sunnah, or opinions of the Companions, the decision on the case should then be derived from the opinions of the early authorities of the Ibadhi school, and the soundest opinions must be followed. 90
It is stated that ante-ceding opinions of Companions or early authorities should not be abandoned.91 Early Ibadhi authorities showed great concern to follow ante-ceding opinions when should. Even 'Abdullah b. Abd al-Aziz, who was known for his fondness of qiyas and individual judgement, stated on many occasions that he would not use his personal judgement where a sound opinion from his predecessors was reported. 92
After the first three decades of the second century H. Ibadhi opinions on most legal and religious questions were settled. This stage took place during the later years of Abu Ubaidah Muslim b. Abi Karimah. It is reported that the
87