Ikhtilaf, which means a difference of opinion and diversity of views, especially among the experts of Islamic law, is widely recognized in Islamic tradition as a natural phenomenon. In its meaning of ‘diversity’, ikhtilaf is also a recurring theme in the Qur’an, with references to the diverse phenomena of nature and diversity as a sign of God and proof of God’s existence and creation. According to a saying of the Prophet Muhammad (PBUH), diversity among the Muslim people is a blessing. Since the beginning of the development of fiqh, ikhtilaf among the jurists not only existed but was also respected.
In Islamic jurisprudence, Fiqhi ikhtilaf (disagreement among the jurists and Islamic Law) is one of the most frequently discussed subjects, yet current studies of Islamic law generally ignore its implications for the development of fiqha and its relevance for law reform in the modern context. It is neither possible nor advisable to analyze the doctrine of ikhtilaf al-fuqaha in detail in this short space. Therefore, we aims to underscore the significance of ikhtilaf al-fuqaha as a rich source for understanding the development of the Islamic legal tradition. In this paper will try to discuss about the limits and limitations of the Fiqhi Disagreements.
Human history in general and history of religion in particular is surrounded by the differences and conflicts. Christians are divided into Protestants, Adventists and Catholics; Jews are divided in Judaism, Hebrewism and Semitism, Hindus have their own divisions as well. During the rule of Hazrat Omer R.A. Muslims conquered a large area of the world and Islam spread far and wide. Complications began to appear, keeping in view of these complications Muslim scholars decided to compile Islamic jurisprudence in the light of Quran and Sunna to guide common Muslim and to prevent them from misguiding. In the period of Khalifa abu Mansoor Jafar the class of Muslim jurisprudence (Fuqaha) appeared, they keenly worked on Islamic legislations and became the founder of major schools of thought among Muslims.
Later on, in subcontinent under the rule of British government and influence of Hinduism uneducated Muslim were being misled, it was alarming situation for Muslim Ulema and scholars and to counter this situation some Islamic Madarssahs and institutes were established by Muslim scholars, however some differences were appeared among the disciples of these institutes. Hence they were divided into various groups by the name of their respective Madarssahs. The present paper aims to delineate the emergence of various Schools of thought among Muslim Umma and appearance of sectism and cultism among the Muslims of subcontinent. The descriptive and historical method of study is used in this paper.
Dr. Mahmood Ahmed Ghazi (18 sep 1950-25 sep 2010) was a renowned scholar of Islamic Jurisprudence, Shariah and Fiqh. He was professor of the International Islamic University, Islamabad, Judge at the Federal Shariah Court and Federal Minister for Religious Affairs in Pakistan. He was fluent in Urdu, English, Arabic, Persian, Turkish and French. He authored numerous work in Urdu and English and translated Muhammad Iqbal into Arabic. Among his Urdu Books are Muhadhrat-e-Quran, Muhadhrat-e-Hadith, Muhadhrat-e-Fiqah, Muhadhrat-e-Sirah, Muhadrat-e-Shariah, e.t.c. He earned honor and respect in the scholarly and learned Muslim Comunity worldwide. he was the role model of Pakistani nation.
This manuscript briefly presents a view and work of Dr. Mahmood Ahmed Ghazi on Fiqh.
Ijma is an important mode of Ijtehad and well known principle of Islamic Sharia. Historically it is evident that incidence of IJMA/Consensus restricted only to four Caliphates of Islam only. Many jurists and scholars denied its incidence absolutely and some others have been of the opinion that it is only restricted to Medina, Basra, Kufa. Some restrict it to Ahl-e-Bait only. In this paper it is concluded after the academic discussion and analysis of the opinions of many experts of Islamic Jurisprudence; 1-Actually the consensus on many legal issues in the period of companions of the Holy Prophet was with mutual consultation and basically it was the "Collective Ijtehad", which had been known as "IJMA" at that time. The term "Collective Ijtehad", was not in use at that time.2- This Collective Ijtehad and Collective Opinion was actually the decision of the Islamic State followed and obeyed by the all Muslims specially by "SAHABA", so why it's called Ijma-e-Sahaba.3- These decisions were applicable and binding to all Muslims living elsewhere in the world, because at that time there was centralized ruling system (Khalafat-e-Wahida).4-Now Muslim world has split into many states, so every state has its own decision making institutions and hence such Ijtehad and Ijma/Islamic Legislation Activities should be validated within those states as Ijtehad and Ijma except issues relevant to general interest as whole human being and all Muslims. In such issues International level consensus of Islamic Jurists would be required. In the paper it is also concluded that "Collective Ijtehad" should be dealt as "IJMA", actually it is the same processes. More over any "Ijma" / Consensus held in a time period can be revoked by any new situation in future as per requirement of the time. It is the inevitable demand of dynamism of Islam to correlate it to every need of the time.
Hazrat khuwaja Muhammad Masoom Sarhandi was the third son and vicegerent of his honourable father, Hazrat Mujaddid Alf Sani (R.A). He followed the teachings and guidance of the Holy Prophet (PBUH) in every field of his life. His religious activities, social life, character, habits and every action were according to the Holy Quran and Sunnah. His saying was the interpretation of the Holy Quran and Sunnah and action was their light. He was not a companion of the Holy Prophet (PBUH) but he was an alien of this caravan. He propagated the teachings of Muhammad (PBUH) and guidance of Mujaddid (R.A) in a way that there is still a big influence of it in arab and ajam.
Hazrat Khawaja Muhammad Masoom sarhandi walking on the footsteps of his father like Maktoobat-e- Imam Rabbani,got compiled three volumes of Maktoobat-e Masoomyah,including 652 articles. Twenty one of them are completely written in Arabic language, each of his article is a treasure of Islamic jurisprudence and mysticism as well as an authentic source to identify many important historical personalities. They are not only a treasure of the interpretation and clarification of Maktoobat-e- Mujaddid Alf Sani but also a good source of social development and reformation.
The importance of Maktoobat-e- Masoomyah is understood at every time as they have been translated in different language and penned down or published in every period too. This article clarifies how did Maktoobat-e- Masoomyah make their historical journey and also mentions the languages in which they were translated.