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[quote][quote]Brother Ibraaheem, I know that the Prophet (SAW) had said that he was going to leave two things behind: The Holy Qur'an and his Sunnah. But the fact of the matter is that Ijma' and Qiyaas are also sources of Islamic law because they are derived from the Qur'an and Sunnah themselves. e.g., the Qur'an does not prescribe a punishment for drinking wine, but through Ijma' only do we get to know that the punishment is 80 lashes, which, if I'm not wrong, was proposed by 'Ali (RA).[/quote]Sister Nida, It loks that U've NOT tried to understand FULLY my explanations about IJMAA' & QIYAAS, plz Read them again carefuly. thanks.
Ijmaa' (of Ummah) is the Process thru which we've recieved both Quran & Sunnah & Ijmaa' of Scholors is a NOTHING thing. It had never happened in our WHOLE history of more than 1400 yrs.
In ur Given Exmpl. Ijmaa' is bringing an Addition in Quran & Sunnah. If a Authentic Hadith of Prophet (pbuh) CANNOT ADD/Subtract something then How Ijmaa' CAN?
plz Note that the punishment for drinking wine was Diff. in the ERA of Prophet & was 40 lashes in the Era of Hazrat Abu Bakr & There are MANY Scholors After Harat Umar who have DIFF. opinion in this regard. Why Not u've a Research on it?
[quote]Qiyaas is also a source of Islamic law, but it is done on an individual basis, and therefore in order for Qiyaas to become law, Ijma' has to be performed on it. Drugs are considered Haraam today through the practice of Qiyaas only. And by the way, Qiyaas is different from Ijtihaad. The former is based on Asl, Far and Illah, whereas the latter is simply the use of one's intellect in a certain matter/issue.[/quote]U r right that Qiyas is Done on Individual Basis so the Law based on Qiyas Shud be ONLY 4 that person who is Doing it OR 4 those who agree w him. Am i right sister?
A Qiyas can only become a National LAW provided their Parliament passes it. Otherwise it'll remain a personal Opinion.
No no, u r Not Right here. Ijtihaad can ONLY be done on the Basis of Qiyaas (based on Quran & Sunnah) & Qiyas is NOT possible without using Intellect. How wud U derive a Relation between Asl & Far'? How can U do it without using ur intellect?
[quote]And the Holy Qur'an itself, as many scholars understand it, points out the four sources of Islamic Law:
"O you who believe! Obey Allah (Qur'an), and obey the Apostle (Sunnah), and those charged with authority amongst you ('Ijma' or the consensus of scholars' opinion); if you differ in anything among yourselves, refer it to Allah and His Apostle ('Qiyaas' or analogy based on the Qur'an and Sunnah)..."[/quote]I'm afraid sister, this Verse DOESN'T PROVE ur Pt. of View. It may be ur Understanding of the Words "and Obey those charged with authority amongst you" that it means "Ijma' or the consensus of scholars' opinion" BUT it's NOT the Actual Meaning of these words. My Simple Objection on ur Understanding will be that "How the consensus of scholars" will FALL in the category of "Obey those charged with authority amongst you"? What Authority these Scholors have? OR it means that Only People of Authority can do Ijtihad/Qiyas & Ijma is Concensus of these type of People?
One of ur Pt. is Right from this verse that I've Described earlier That Only THAT Qiyas will be Followed which will be approved by those "who are charged with authority amongst us" & these days this implies to "parliament" only.

Wassalaam, and Allah knows best.[/quote]

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