ভূমিকা

Shiavault - a Vault of Shia Islamic Books Misbah-uz-Zulam, Roots of the Karbala’ Tragedy Jurisprudence Based On Personal Opinion and Analogy Of the four Sunni Imams, Abu Hanifah seems to be particularly fond of personal judgment (Rayy) and analogy (Qiyas). Personal opinion and analogy that is not based on Quran and tradition is generally unacceptable. Conformity with Quran and tradition is necessary for jurisprudence.

A jurisprudent should not become aloof from Quran and tradition and depend on his personal opinion and analogy. This aloofness results in innovation and innovation destroys religion.

On page 19 of Mishkat, there is a tradition from Muslim narrated by Jabir on this topic: “The Holy Prophet (S) has said that the best of the tradition is Quran and the best biography is the biography of Muhammad.” That is, we must remain attached to Quran and act upon it and the best of the guidances are the guidances of Muhammad. And innovation is the worst of the evil deeds. All innovations are deviations.

Another prophetic tradition is related from Ayesha in Mishkat: “One who concludes something new from my sayings, is accursed.” Muawiyah had 14000 traditions fabricated in praise of Abu Bakr and also got thousands of traditions fabricated in criticism of Ali (a.s.). What type of a person was Muawiyah in light of Ayesha’s tradition? Similar traditions are recorded in Mishkat from Ibne Abbas, Afif bin Harith and Ibne Maisera etc. These sayings emphasize on remaining attached to Quran and traditions.

There is one more tradition in Mishkat, which is very much concerned with our discussion below. On page 27 of that same book, we have from Abi Dawood a tradition: “One who gives a verdict without having knowledge of Quran and tradition, has committed misappropriation (done Khayanat ) with Shariah.” On page 432 of Asaatul Bayat, it is written that the purified Imams, after Ali (a.s.) were giving verdicts against the scholars of that time, though the latter were having knowledge.

These Imams considered personal opinion and analogy unlawful in religious jurisprudence (Fiqh).