The-Eclipse-of-Islam-What-happend-to-Islam-after-Umar-by-G-A-Parwez-Tolue-Islam-Trust

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The Elipse of Islam________________________________________________________on the concept of Imama, was not confined to Shias but also penetrated theSunnis. The monarchy had already become hereditary under the influenceof the belief in hereditary Imama. (That is why after the four caliphs(khalifas), all Muslim kingdoms, whether of Shias or Sunnis, wereestablished on the basis of inheritance.)Under the concept of duality of religion and politics, government affairs andIslamic law affairs were also divided into two entities. State affairs went tothe king while Islamic legal affairs were assigned to religious leaders. Thedifference in the personal law and public law is also the result of thisdivision. In this way the state was divided into two entities in which twoparallel governments were established - one of the king and the other of thereligious leaders.This division, not only resulted in the division of the government but alsodamaged the system of legislation that was proposed by the Quran and wasthe basis of Deen. Legislative principle of the Quranic political system wasthat the Umma with consultation and within the limits of Quraniccommands and principles should make laws according to the need of thetime. Quranic limits were unchangeable but new laws used to change withthe need of the time. However, monarchy ended the system of consultationwhile legislation according to the need of the time was declared illegal bythe religious leaders.Possibility of legislation endedThe Imam Shafei School of Thought declared that all commands and lawsare present in the traditions, which are complete and not changeable.Therefore, there is no need to make new laws (according to the need oftime) nor any change is allowed in the present laws. This was the belief ofAhle Hadith that was resisted by ulamas (Ahle Fiqh) who said that in thelight of the Quran and traditions, and on the basis of analogy (Qiyas) newcommands can be made. And any command which has consensus of the______________________________________________________________What happened to Islam after Umar? [ 87 ]
The Elipse of Islam________________________________________________________umma will become law. We have a popular belief that there are foursources of law – i.e. the Quran, traditions, analogy and consensus. This isbased on the Faqhi (Legal) School of Thought.This provided an opportunity to make new laws but later they also adoptedthe belief that the door of Ijtehad (independent judgment) has been closed.Therefore, previous legal decisions cannot be changed and new laws cannotbe formulated.Ahle Hadith believed that when there is a conflict between the Quran andHadith, then the command of tradition will prevail because traditionsupersedes the Quran and can even abrogate a Quranic command. Thisbelief was adopted by the followers of the four Sunni schools of thoughts –Hanafi, Shafei, Hanbali and Maliki).A prominent Imam of Hanafi Fiqh, Abul Hassan Ubaidullah Al Karkhi says:‘Any verse that is against this school of thought which we follow, is eitherMa’awal (has more than one interpretation) or cancelled and similarly anysuch tradition is Ma’awal or cancelled. (Tareekh Fiqh Islam – Compiled byAllama Khizri, P-421)It means that if there is a conflict between the Quranic command and adecision of Fiqh, then first it should be tried to expand the meaning of theverse to conform to the Fiqh explanation. If it is not possible then it shouldbe considered as cancelled. On this point, there is a heated debate betweenAhle Hadith and Ahle Fiqh because Ahle Hadith does not consider anytradition cancelled which they believe is authentic. However, they bothagree on the cancellation of the Quranic commands.At the present moment, the umma is divided into these sects – i.e. Shia andSunni. In Sunnis we have Ahle Hadith, and Ahle Fiqh while Ahle Fiqh isdivided into Hanafi, Shafei, Hanbali and Malki Fiqh or schools of thoughts.______________________________________________________________What happened to Islam after Umar? [ 88 ]
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The-Eclipse-of-Islam-What-happend-to-Islam-after-Umar-by-G-A-Parwez-Tolue-Islam-Trust

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