This is an extract from the book Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah. Most of the ‘Ulamaa and Fuqahaa and the vast majority have stated that Al-Ijmaa’ represents a Hujjah (a source of evidence and proof for the Ahkaam Ash-Shar’iyah) and that it represents a Masdar (source) for the Islamic legislation. However, they have differed in respect to upon whom the Ijmaa’ occurs and they have also differed in respect to the possibility of the occurrence of the different kinds of Ijmaa’. The following represents some of the opinions of those ‘Ulamaa and Fuqahaa: 1 – The opinions of Al-Imaam Ash-Shaafi’iy: Ash-Shaafi’iy (rh) said: “Ruling (judging) is by the Kitaab and the Sunnah” and then he said: “And we rule with Al-Ijmaa’ and Al-Qiyaas”. Al-Ijmaa’ in Ash-Shaafi’iy’s view is manifested in the Ijmaa’ of the Mujtahideen of the Ummah in a certain era. However, he did open up some discussion in respect to the possibility of it occurring due to the separa...
Question: What is the reporting concerning the following ḥ adith and is it authentic? The Prophet peace be upon him said: ‘I wish I could meet my brothers. The companions of the Prophet peace be upon him said: Are we not your brothers? He (the Prophet) said: You are my companions, but my brothers are those who have faith in me although they never saw me’ [Aḥmad]. Answer: Answer The narration is purportedly from the companion Anas ibn Mālik, may Allah be pleased with him, and is reported outside of the commonly known books or famous books of ḥ adith . Primarily, the tradition appears in three different collections: the Musnad of Aḥmad, Musnad Abu Ya’la and in Mu’jam al-Awsa ṭ of al-Ṭabarāni. As far as can reasonably be discerned, it doesn’t appear that any of the notable scholarly authorities declared this outright to be Ṣaḥīḥ . At best seems to be the comment of Shu’ayb al-Arnā’uṭ, giving the assessment ‘ ḥ asan li’ghayrihi ,’ as a follow-...
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