13.06.2017 Views

Ali Ibn Abi Talib - Volume 1 of 2

http://www.islamicglobe.com

http://www.islamicglobe.com

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

474 Financial and judiciary institutions at the time <strong>of</strong> '<strong>Ali</strong><br />

as ijmci ' or consensus. They made use <strong>of</strong> analogy and ma~lahah (that<br />

which serves the interests <strong>of</strong> the Muslims), which is the aim <strong>of</strong><br />

Sharia.<br />

The best evidence for this plan is the words <strong>of</strong> Maymoon ibn<br />

Mahr2n who said: "If two disputants came to Abu Bakr, he would<br />

look in the Book <strong>of</strong> Allah (&). If he found there anything that would<br />

decide the matter between them, he would judge in accordance with<br />

it. If there was nothing in the Book, and he knew <strong>of</strong> any precedent<br />

from the Messenger <strong>of</strong> Allah (g) concerning that matter, he would<br />

judge in accordance with it. If he could not find anything in the<br />

Sunnah <strong>of</strong> the Messenger <strong>of</strong> Allah (g), he would call together the<br />

prominent and best <strong>of</strong> the people and consult them. If they agreed on<br />

something, he would judge in accordance with it. 'Umar did<br />

likewise; if he could not find an answer in the Qur'an and Sunnah, he<br />

would look to see it if there was a similar case that Abu Bakr had<br />

ruled on, otherwise he would call the prominent Muslims; if they<br />

agreed on something, he would judge in accordance with it."''<br />

It was narrated that <strong>Ibn</strong> Mas'ood said: "Whoever is presented<br />

with a case after today, let him rule in accordance with the Book <strong>of</strong><br />

Allah. If there comes to hi a case which is not mentioned in the<br />

Book <strong>of</strong> Allah, and concerning which there is no verdict from His<br />

Prophet (g,)), let him refer to the verdict <strong>of</strong> the righteous people. If<br />

there comes to him a case which is not mentioned in the Book <strong>of</strong><br />

AUah, and concerning which there is no verdict from His Prophet<br />

(B) or from righteous people, let him try to work it out on the basis<br />

<strong>of</strong> his knowledge. Let him not say: 'I think, but I am not sure,'<br />

because what is hal2l is clear and what is harh is clear, and in<br />

between there are ambiguous matters, so leave that which makes you<br />

doubt for that which does not make you do~bt."'~<br />

In our discussion on the ultimate reference points in the state<br />

<strong>of</strong> Amir al-Mu'mineen '<strong>Ali</strong> ibn <strong>Abi</strong> Tab (&), we have discussed

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!