7. Procedure of Ijma and Ijtihad

Category: Qur’an Source: Surah al-Nisa (4), ayah(s) 115. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): And whoso opposeth the messenger after the guidance (of Allah) hath been manifested unto him, and followeth other than the believer's way, We appoint for him that unto which he himself hath turned, and expose him unto hell - a hapless journey's end!

Relevance / context: A text considered in juristic arguments for ijma. It does not itself specify the participants, documentation or procedural tests of a technical consensus. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Nahl (16), ayah(s) 43. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): And We sent not (as Our messengers) before thee other than men whom We inspired - Ask the followers of the Remembrance if ye know not! -

Relevance / context: The immediate subject is the human messengers before Muhammad. Its use for consulting specialists is a generalizing interpretation, not a list of qualifications for ijtihad. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Tawbah (9), ayah(s) 122. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): And the believers should not all go out to fight. Of every troop of them, a party only should go forth, that they (who are left behind) may gain sound knowledge in religion, and that they may warn their folk when they return to them, so that they may beware.

Relevance / context: Connects religious understanding with responsibility to instruct a community. The two published translations visibly resolve the departing/remaining groups differently; their wording has not been harmonized. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Anbiya (21), ayah(s) 78-79. Status: identified text; contiguous excerpt.

Published English excerpt — M. M. Pickthall (Tanzil): And David and Solomon, when they gave judgment concerning the field, when people's sheep had strayed and browsed therein by night; and We were witnesses to their judgment. And We made Solomon to understand (the case); and unto each of them We gave judgment and knowledge.

Relevance / context: One case is especially understood by Solomon while both prophets receive knowledge and judgment. This does not establish that every contradictory legal conclusion is equally correct. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Zumar (39), ayah(s) 18. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): Who hear advice and follow the best thereof. Such are those whom Allah guideth, and such are men of understanding.

Relevance / context: Supports attentive moral discernment; it is not by itself a technical authorization for unrestricted personal preference in legal reasoning. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Maidah (5), ayah(s) 48. Status: identified text; contiguous excerpt.

Published English excerpt — M. M. Pickthall (Tanzil): So judge between them by that which Allah hath revealed,

Relevance / context: A textual orientation for legal judgment. The verse’s broader setting concerns the Qur’an and earlier revelation; contemporary institutions require additional analysis. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Hadith Source: Sahih al-Bukhari, no. 4119; Book: Military expeditions. Narrator: Abdullah ibn Umar. Grade: Sahih — included in Sahih al-Bukhari (standard Sunni classification).

Checked English excerpt — Sunnah.com: he did not berate any of the two groups.

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Relevance / context: Companions differed over whether to pray Asr en route or only at Banu Qurayza. This supports recognition of the reported interpretive disagreement, not the truth of every imaginable opinion. Best use: Textual evidence / argument

Verification: Collection text & number

Category: Hadith Source: Sahih al-Bukhari, no. 100; Book: Knowledge. Narrator: Abdullah ibn Amr ibn al-As. Grade: Sahih — included in Sahih al-Bukhari (standard Sunni classification).

Checked English excerpt — Sunnah.com: will give their verdict without knowledge. So they will go astray and will lead the people astray.

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Relevance / context: The report connects the loss of scholars with ignorant verdict-giving. It supports preserving qualified learning rather than treating confidence as competence. Best use: Textual evidence / argument

Verification: Collection text & number

Category: Hadith Source: Sahih Muslim, no. 2363; Book: Virtues. Narrator: Aisha and Anas ibn Malik. Grade: Sahih — included in Sahih Muslim (standard Sunni classification).

Checked English excerpt — Sunnah.com: You have better knowledge (of a technical skill) in the affairs of the world.

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Relevance / context: The setting is date-palm pollination. Use for empirical expertise in fact-finding; it does not authorize ignoring religious rules in every worldly matter. Best use: Textual evidence / argument

Verification: Collection text & number

Category: Hadith Source: Sahih al-Bukhari, no. 7352; Book: Holding fast to the Quran and Sunnah. Narrator: Amr ibn al-As. Grade: Sahih — included in Sahih al-Bukhari (standard Sunni classification).

Checked English excerpt — Sunnah.com: even then he will get a reward

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Parallel: Sahih Muslim 1716a, Book of Judicial Decisions.

Relevance / context: The complete report gives two rewards for a correct exerted judgment and one for an erroneous exerted judgment. It must be read with the warnings against ignorant judging, not as a licence for uninformed opinion. Best use: Textual evidence / argument

Verification: Collection text & number | Parallel report

Category: Modern scholarship Author/body: Muhammad Abu Zahrah Work: The Fundamental Principles of Imam Malik’s Fiqh Locator: Introduction: reconstructing the school’s principles; opening discussion

Scholarly position / paraphrased argument: Abu Zahrah distinguishes Malik’s recorded judgments from principles later scholars reconstructed from them. A later formulation must not automatically be presented as Malik’s own verbatim statement.

Source status: English text hosted by IIUM, attributed to Muhammad Abu Zahrah; a modern account of Maliki doctrine, not direct inspection of every classical work it cites.

Relevance / context: Useful for attribution and tracing legal schools. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Modern scholarship Author/body: Muhammad Abu Zahrah Work: The Fundamental Principles of Imam Malik’s Fiqh Locator: Fourth Source: Consensus (Ijma); definition and discussion following the Muwatta examples

Scholarly position / paraphrased argument: His account explains agreed practice as agreement of qualified people of learning without dispute, while examining Malik’s particular usage and the evidentiary basis of consensus.

Source status: English text hosted by IIUM, attributed to Muhammad Abu Zahrah; a modern account of Maliki doctrine, not direct inspection of every classical work it cites.

Relevance / context: Do not equate this with an opinion poll or merely a majority. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Modern scholarship Author/body: Muhammad Abu Zahrah Work: The Fundamental Principles of Imam Malik’s Fiqh Locator: Fifth Source: Practice of the People of Madina; discussion of transmission versus deduction

Scholarly position / paraphrased argument: Abu Zahrah distinguishes transmitted Medinan practice from conclusions reached by local ijtihad and records later Maliki disagreement about the authority of these kinds of practice.

Source status: English text hosted by IIUM, attributed to Muhammad Abu Zahrah; a modern account of Maliki doctrine, not direct inspection of every classical work it cites.

Relevance / context: Local agreement requires its own argument; it is not automatically universal consensus. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Modern scholarship Author/body: Muhammad Abu Zahrah Work: The Fundamental Principles of Imam Malik’s Fiqh Locator: Sixth Source: Analogy (Qiyas); opening discussion

Scholarly position / paraphrased argument: Analogy connects an unprovided case to a textual ruling through a shared operative cause. Superficial resemblance alone is not the stated basis.

Source status: English text hosted by IIUM, attributed to Muhammad Abu Zahrah; a modern account of Maliki doctrine, not direct inspection of every classical work it cites.

Relevance / context: Helps structure the original case, new case, ruling and effective cause. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Modern scholarship Author/body: Muhammad Abu Zahrah Work: The Fundamental Principles of Imam Malik’s Fiqh Locator: Seventh Source: Istihsan; two conclusions drawn from subsidiary rulings

Scholarly position / paraphrased argument: In this account, istihsan can qualify a general analogy when its strict application would cause legally relevant hardship; it is not simply personal preference.

Source status: English text hosted by IIUM, attributed to Muhammad Abu Zahrah; a modern account of Maliki doctrine, not direct inspection of every classical work it cites.

Relevance / context: A school-specific method whose formulations differ. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Modern scholarship Author/body: Muhammad Abu Zahrah Work: The Fundamental Principles of Imam Malik’s Fiqh Locator: Eighth Principle: Istishab; opening discussion

Scholarly position / paraphrased argument: An established state, such as ownership, continues until evidence changes it. Abu Zahrah distinguishes a defensive presumption from proof creating a new entitlement.

Source status: English text hosted by IIUM, attributed to Muhammad Abu Zahrah; a modern account of Maliki doctrine, not direct inspection of every classical work it cites.

Relevance / context: Explains continuity without pretending that nothing can change. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Modern scholarship Author/body: Muhammad Abu Zahrah Work: The Fundamental Principles of Imam Malik’s Fiqh Locator: Ninth Source: Public Interest; opening discussion

Scholarly position / paraphrased argument: Abu Zahrah explains disagreement over identifying welfare where no particular text governs the case. He rejects al-Tufi’s suggested conflict between certain genuine welfare and a decisive text or established consensus.

Source status: English text hosted by IIUM, attributed to Muhammad Abu Zahrah; a modern account of Maliki doctrine, not direct inspection of every classical work it cites.

Relevance / context: Maslahah needs disciplined justification, not a slogan. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Introduction, Part II: Maxims; Article(s) 36, 41–44

Scholarly position / paraphrased argument: Regular or prevalent custom can inform judgment and implied contractual terms; exceptional conduct is not treated as an established usage.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: Provides a test for identifying custom before applying it. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Classical scholarship Author/body: Abd al-Malik al-Juwayni Work: Al-Waraqat Locator: Command (al-amr)

Scholarly position / paraphrased argument: An unqualified command is read as obligatory in this account unless evidence indicates recommendation or permission; repetition and immediacy require further analysis.

Source status: Arabic text inspected at Islamicbook.ws. Section locators used; no printed edition or pagination asserted. Shafi‘i usul formulation, not a claim of agreement among all schools.

Relevance / context: Prevents assuming that all imperatives have identical implications. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Classical scholarship Author/body: Abd al-Malik al-Juwayni Work: Al-Waraqat Locator: General and particular (al-amm wa-l-khass)

Scholarly position / paraphrased argument: Al-Juwayni explains restrictions through exception, conditions and descriptions, and permits specification using relevant scriptural evidence and, in his method, analogy.

Source status: Arabic text inspected at Islamicbook.ws. Section locators used; no printed edition or pagination asserted. Shafi‘i usul formulation, not a claim of agreement among all schools.

Relevance / context: Useful when a broad rule is wrongly applied without its qualifications. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Classical scholarship Author/body: Abd al-Malik al-Juwayni Work: Al-Waraqat Locator: Abrogation; notice on conflicting texts

Scholarly position / paraphrased argument: Where texts appear to conflict, the work calls for reconciliation when possible, consideration of general and particular language, and chronology before identifying abrogation.

Source status: Arabic text inspected at Islamicbook.ws. Section locators used; no printed edition or pagination asserted. Shafi‘i usul formulation, not a claim of agreement among all schools.

Relevance / context: An evidence-handling procedure; it is not permission to discard an inconvenient text. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Classical scholarship Author/body: Abd al-Malik al-Juwayni Work: Al-Waraqat Locator: Consensus (al-ijma)

Scholarly position / paraphrased argument: Al-Juwayni defines ijma through jurists of an age agreeing on a legal occurrence. He also discusses generational expiry and assent through speech, action or widespread opinion followed by silence.

Source status: Arabic text inspected at Islamicbook.ws. Section locators used; no printed edition or pagination asserted. Shafi‘i usul formulation, not a claim of agreement among all schools.

Relevance / context: The standing of tacit consensus and generational expiry is disputed; this entry records his formulation, not unanimity about the conditions. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Classical scholarship Author/body: Abd al-Malik al-Juwayni Work: Al-Waraqat Locator: Reports (al-akhbar)

Scholarly position / paraphrased argument: The work distinguishes mass-transmitted reports, individual reports, connected chains and disconnected reports, with school-specific rules for their evidentiary use.

Source status: Arabic text inspected at Islamicbook.ws. Section locators used; no printed edition or pagination asserted. Shafi‘i usul formulation, not a claim of agreement among all schools.

Relevance / context: Proof of textual existence alone is not proof of authenticity or legal scope. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Classical scholarship Author/body: Abd al-Malik al-Juwayni Work: Al-Waraqat Locator: Analogy (al-qiyas)

Scholarly position / paraphrased argument: Analogy links a new case with an established case through a shared effective cause. Al-Juwayni states conditions concerning the original case, new case, cause and ruling.

Source status: Arabic text inspected at Islamicbook.ws. Section locators used; no printed edition or pagination asserted. Shafi‘i usul formulation, not a claim of agreement among all schools.

Relevance / context: A structured test for an analogy, beyond superficial similarity. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Classical scholarship Author/body: Abd al-Malik al-Juwayni Work: Al-Waraqat Locator: Ordering the evidence (tartib al-adillah)

Scholarly position / paraphrased argument: His method prioritizes clearer evidence over less clear evidence, certainty over probability, and the relevant text over analogy; presumptive continuity applies where appropriate evidence is absent.

Source status: Arabic text inspected at Islamicbook.ws. Section locators used; no printed edition or pagination asserted. Shafi‘i usul formulation, not a claim of agreement among all schools.

Relevance / context: Use as an attributed procedural framework, not a mechanical formula detached from context. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Classical scholarship Author/body: Abd al-Malik al-Juwayni Work: Al-Waraqat Locator: Qualifications of the mufti; ijtihad

Scholarly position / paraphrased argument: The mufti needs knowledge of principles, detailed law, disagreement and relevant scriptural evidence. Ijtihad is strenuous effort toward a legal conclusion, and qualified reasoning may still err.

Source status: Arabic text inspected at Islamicbook.ws. Section locators used; no printed edition or pagination asserted. Shafi‘i usul formulation, not a claim of agreement among all schools.

Relevance / context: Read together with the separately cited Prophetic report on rewarded judicial ijtihad. Best use: Definition / critical analysis

Verification: Read identified source passage

Category: Institutional resolution Author/body: International Islamic Fiqh Academy Work: Resolution No. 1 Locator: First session, 19–22 November 1984; research standards

Scholarly position / paraphrased argument: The Academy requires evidence-based comparative research, reliable attribution and Hadith tracing. It directs that majority resolutions record differing opinions. Such a resolution is not automatically universal ijma.

Source status: Official English resolution inspected; dated 22 November 1984. Summaries are explanatory, not published Urdu translations.

Relevance / context: A concrete institutional procedure for collective ijtihad, distinct from technical consensus. Best use: Definition / critical analysis

Verification: Read identified source passage