Types of Masa'il Qiyaas is made
Foreword | Hadeeth explains the Quraan | Definition of Qiyaas & Ijtihaad | Types of Masa'il Qiyaas is made | Difference between Mujtahid & Muqallid | Taqleed of one Imaam | Changing Mazhabs | Some Of The Conditions Of Ijtihaad
Types of Masa'il Qiyaas is made
IN WHICH TYPES OF MASA'AIL QIYAAS IS PRACTISED AND TAQLEED MADE:-
Types of Masa'aiI:
There are two types of masaa'il.
1. Mention of it is present in the Quraan-e-Kareem and Hadith Shareef.
2. Mention of it is not present in the Quraan-ê-Kareem and Ahaadith.
The first type (mention of which is made in the Quraan or Hadith) is of two types.
a. There is only one type of Nass . It is absolutely clear that the command is in the positive only or the negative only.
b. There are two types of Nass (Quraan-e-Kareem and Hadith). From some Nusoos it seems that an act should be done and from other Nusoos it seems that that act should be abstained from. (The degrees of doing it and abstaining from it also differs, that is why Fardh, Waajib, Sunnat and Mustahab are derived on the acts to be done and Haraam, Makrooh Tahrimi and Makrooh Tanzihi are derived on the acts to be abstained from). E.g. To says Aameen loudly or softly after Surah Fateha in Salaat. There are two types of Nass regarding It. From some it seems that it should be said loudly and from some it seems that it should be said softy. From some Nusoos (plural' of Nass-Meaning Quraan and Hadith) it seems that a person should raise his hands when he goes into ruku, gets up from ruku, gets up from sajda and from some it seems that the hands should not be raised.
Then there are two kinds in this type of masaa'iI (in, which there are two nass which seems contradictory to each other.)
i. Through historical facts or other means it is known which Nass (Quraan and Hadith) is the former one and which one is the latter one.
ii. It is not known which nass is the former one and which nass is the latter one.
In all there are four types of Nusoos and ijtihaad is practiced in two types only.
1. Masaa'iI in which there is only one type of Nass. In this type, Qiyaas and ijtihaad is not made. Taqleed too is not made of any one. The nass is acted upon directly.
2. There are two types of Nusoos but the tatter is known from the former. Generally the former is regarded as Mansookh (abrogated) and the latter is practiced upon.
3, There are two types of Nusoos but it is not known which one is the latter one.
4. Masaa'iI in which there is no Nass.
In the third and fourth type of masa'il either a person makes amal (acts) or does not act at all. It is not permissible not to act and remain free; Allah Ta'ala says:
"Does man think that he would be left free?" ( Surah Qiyaama Ayah 36 )
At another place Allah Ta'ala says:
"Do you think that we have created you without any purpose?" (Surah Noor Ayah 115.)
It Is not so, but at every instance you will have to obey our orders.
In the third type of masaail which nass should be acted upon? If one nass is acted upon then automatically the other nass will be left. We do not have the knowledge to give preference to one nass over the other, nor is it known which is the former and which is the latter that the former be regarded as abrogated.
In the fourth type of masaa'iI there is no nass.Without knowledge how can one act and make amal?
Allah Ta'ala says:in (Surah Bani ls'raiel Ayah 36)
The meaning of which is that without knowledge do not do anything. Therefore ijtihaad is necessary in these two types of masaa'iI.
In the third type ijtihaad is necessary to ascertain as to which nass to act upon.
In the fourth type, ijtihaad is necessary to know as to what the command is. It is more than obvious that everyone hasn't the ability to make ijtihaad.
The following ayah also throws light on.
"If they referred it to the Rasool and those in charge among them then, verily those who practice estimate (Qiyaas) among them would have known it". (Surah Nisaa Ayah 83).