Studies in Ibāḍism (al-Ibāḍiyya)
Studies in Ibāḍism (al-Ibāḍīyya)
Publisher
Open Mind
Publication Year
2007 AH
Nufusi scholar, Ibn Maghtir al-Jannawani, who studied under Abu Ubaidah Muslim in Basrah before the five "bearers of learning," (Hamalat al-'ilm), abstained from giving legal opinions on the arrival of the latter from Basrah. His reason for his attitude was that he had studied under Abu Ubaidah, before the latter had made up his mind about the different opinions he taught him, while the "bearers of learning" studied under Abu Ubaidah after he had decided the final opinions.93
Among the students of Abu Ubaidah, Abu al-Mu'arrij and Abdullah b. Abd al-Aziz used to oppose the opinions of their teacher on grounds of analogical reasoning.94 This attitude of the two Ibadhi scholars aroused their colleagues against them.95 Before the split of the Ibadhi school, whenever the students of Abu Ubaidah differed, the opinions of al-Rabi' b. Habib were followed.96 Later, both Abdullah b. Abd al-Aziz and Abu al-Mu'arrij found followers in the Nukkarite group, who adopted their views in jurisprudence.97
In spite of the disagreement between early Ibadhi authorities concerning individual judgement and analogical reasoning, these principles became part of the recognized methods of Ibadhi jurisprudence or procedure. They strongly opposed reliance on the teaching of a master (taqlid). It is a duty of those who attain the required standard of knowledge to use their individual judgement. Among the earliest works of the Ibadhis of North Africa in which rules of Ijtihad were assembled and clarified is K. al-Tuhaf of Abu Rabi' Sulaiman b. Yakhlaf al-Mazati.98 Speaking of the question of Ijtihad al-ra'y, Abu al-Rabi', after indicating the different views on the opinions resulting from individual judgement, stated that the Ibadhis held that one opinion only can be right, but that if Muslims did their utmost to reach the right decision but failed, they would be rewarded for their effort, and would not be blamed for an incorrect decision. The matters in which personal judgement is allowed are those which were not dealt with the Qur'an or Sunnah, or by previous authorities.99 The person who is allowed to use his personal judgement must possess a full knowledge of Qur'an, Sunnah, and opinions of previous authorities; such a person has the right to use personal judgement and formulate legal opinions, and whoever denies him this right is 'infidel-ingrate.'(Kafir). Unqualified persons may not use individual judgement and whoever concedes them such a right is 'infidel-ingrate.' If any person uses his individual judgement in cases dealt with in Qur'an or Sunnah, or by the consensus of the Muslims, and opposed them he had gone astray.100 Abu al-Rabi' Sulaiman b. Yakhlaf concluded his notes on this subject with the following statements:
"Individual judgement (al-ra'y) is allowed to every learned man ('Alim) at all times, and is forbidden to every ignorant man (Jahil) at all times."101
To Ibadhis the doors to individual judgement (Ijtihad) have always been wide
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