Usool Al Fiqh- Lesson 5 Evolution of the meaning of Ejtihaad Islamic law (Al Hokm Al Shari) Religious law of situation Religious laws of action

The three stages of evolution in the meaning of Ejtihaad Ist stage: After the serious and continuous attacks of our Infallibles (AS) and their followers for the meaning of Ehtihaad, the first change in the meaning of Ejtihaad can be observed in seventh Hijri century by the Almohaqiq Alhilli: “In the terminology of the jurist Ejtihaad means exerting the utmost effort in order to derive a religious ruling, based on this deriving the law from the religious sources is Ejtihaad, for such derivation is based mostly on theoretical considerations which are not understood from the explicit meanings of the texts, whether the source be analogy or something else. It includes permitted an non permitted procedures, Qiyaas is not permitted ejtihaad, where taking the apparent or the obvious meaning is a permitted procedure of Ejtihaad.

2 nd stage: Includes deriving from apparent meaning too. Ejtihaad includes the procedures of derivation based on apparent meaning too. Because such also requires considerably scholarly effort, including the understanding and definition of apparent meanings and proving the authoritative nature of the conventional usage.

3 rd Stage: Any procedure which defines the Practical stance The meaning expanded to include all types of derivations, aimed at establishing the religious ruling or the practical standpoint by the support of evidence or directly. So Ejtihaad is the process or derivation, and Usool science is important for such process, because it supports such process with the common elements.

Islamic law (Al Hokm Al Shari) A legislation issued by God the Exalted to organize the life of human beings, and this legislation could be for their actions or their selves or things related to their selves. Error in previous definition: They defined that the religious texts are the Religious ruling, where the religious texts disclose the religious ruling and shed the light on it.

Division of the religious ruling 1 - Laws on the selves or things related to their selves (situational) Husband and wife (Marriage) Owner or usurper (Property) 2-Laws of action obligation (salaat), prohibition (steeling). Both are linked, situational ruling is indirectly a ruling on action, and action rule is indirectly a ruling on a situation.

Religious law of situation or status The Islamic legislative system ascribe every human or things related to him with a description or a status, and that status requires specific responsibilities. Non related man and woman. Husband and wife. Father and son verses boy and a man. Owned and usurped

Laws of action are five 1.Obligatoriness (ALWOJOOB): Direct towards a thing with commitment 2.Recommendation (ALESTISHAAB): Direct towards a thing without commitment (permission to ignore) 3.Prohibition (ALHORMA): Restrain from a thing with commitment 4.Reprehensibility (ALKARAHA): Restrain from a thing without commitment (permission to ignore) 5.Permissibility (ALIBAHA): No direction nor restrain. Freedom to act or omit.

Examples for Laws of action 1.Daily prayer 2.Night time prayer 3.Usurping others property 4.Sleeping after salaat Alfajr 5.Eating banana