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It is stated that ante-ceding
opinions of Companions or early authorities should not be
abandoned.91 Early Ibadhi authorities showed great concern to
follow ante-ceding opinions when should. Even 'Abdullah b. Abd
al-Aziz, who was known for his fondness of qiyas and individual
judgement, stated on many occasions that he would not use his
personal judgement where a sound opinion from his predecessors
was reported. 92
After the first three decades of
the second century H. Ibadhi opinions on most legal and
religious questions were settled. This stage took place during
the later years of Abu Ubaidah Muslim b. Abi Karimah. It is
reported that the Nufusi scholar, Ibn Maghtir al-Jannawani, who
studied under Abu Ubaidah Muslim in Basrah before the five
"bearers of learning," (Hamalat al-'ilm), abstained from giving
legal opinions on the arrival of the latter from Basrah. His
reason for his attitude was that he had studied under Abu
Ubaidah, before the latter had made up his mind about the
different opinions he taught him, while the "bearers of
learning" studied under Abu Ubaidah after he had decided the
final opinions. 93
Among the students of Abu
Ubaidah, Abu al-Mu'arrij and Abdullah b. Abd al-Aziz used to
oppose the opinions of their teacher on grounds of analogical
reasoning.94 This attitude of the two Ibadhi scholars aroused
their colleagues against them.95 Before the split of the Ibadhi
school, whenever the students of Abu Ubaidah differed, the
opinions of al-Rabi' b. Habib were followed.96 Later, both
Abdullah b. Abd al-Aziz and Abu al-Mu'arrij found followers in
the Nukkarite group, who adopted their views in jurisprudence.
97
In spite of the disagreement
between early Ibadhi authorities concerning individual judgement
and analogical reasoning, these principles became part of the
recognized methods of Ibadhi jurisprudence or procedure. They
strongly opposed reliance on the teaching of a master (taqlid).
It is a duty of those who attain the required standard of
knowledge to use their individual judgement. Among the earliest
works of the Ibadhis of North Africa in which rules of Ijtihad
were assembled and clarified is K. al-Tuhaf of Abu Rabi'
Sulaiman b. Yakhlaf al-Mazati.98 Speaking of the question of
Ijtihad al-ra'y, Abu al-Rabi', after indicating the different
views on the opinions resulting from individual judgement,
stated that the Ibadhis held that one opinion only can be right,
but that if Muslims did their utmost to reach the right decision
but failed, they would be rewarded for their effort, and would
not be blamed for an incorrect decision. The matters in which
personal judgement is allowed are those which were no dealt with
the Qur'an or Sunnah, or by previous authorities. 99 The person
who is allowed to use his personal judgement must possess a full
knowledge of Qur'an, Sunnah, and opinions of previous
authorities; such a person has the right to use personal
judgement and formulate legal opinions, and whoever denies him
this right is 'infidel-ingrate.'(Kafir). Unqualified persons
may not use individual judgement and whoever concedes them such
a right is 'infidel-ingrate.' If any person uses his individual
judgement in cases dealt with in Qur'an or Sunnah, or by the
consensus of the Muslims, and opposed them he had gone
astray.100 Abu al-Rabi' Sulaiman b. Yakhlaf concluded his notes
on this subject with the following statements:
"Individual judgement (al-ra'y)
is allowed to every learned man ('Alim) at all times, and is
forbidden to every ignorant man (Jahil) at all times."101
To Ibadhis the doors to
individual judgement (Ijtihad) have always been wide open; they
have never been locked at any stage for qualified persons.
Regarding disagreement on
opinions resulting from personal judgement in cases related to
Furu', Ibadhis maintained that only one opinion can be right,
but Muslims are allowed to adopt other opinions if they believe
them to be right though, in fact, they are not, as long as they
have done their utmost to formulate the correct opinion.102
This principle was later opposed
by two Ibadhi scholars who founded groups of their own; Naffath
b. Nasr, founder of Al-Naffathiyah, and Ahmad b. Hussain,
founder of al-Husainiyyah. 103 Their view was that only the
right opinion was to be followed, and those who followed by
other opinions were sinners. 104 This view of Naffath and Ibn
al-Hussain was refuted by the rest of the Ibadhi scholars on the
basis that disagreement on opinions concerning cases of Furu'
took place among the companions and they held it lawful for
everyone to keep to his own opinion regardless of whether it was
the correct opinion or not, and they, i.e. the Companions, did
not condemn each other for it. 105
Analogical reasoning (qiyas)
also took its place as a recognized method among Ibadhi
authorities for deriving legal opinions as early as the second
half of the second century H. It was largely practised by the
students of Abu Ubaidah, especially 'Abdullah b. Abd al-Aziz and
Abu al-Mu'arrij. Although al-Rabi' b. Habib and his party
opposed qiyas and were known for their strict adherence to
'athar,106 the method of analogical reasoning was later
recognized by all Ibadhis and was largely exercised. |
