6. A complete knowledge of the four schools of jurisprudence.
The obstacles, then, are almost insurmountable. On the one hand, there
is the severity of the 'Ulama, which requires from the candidate things
almost impossible; on the other, there is the attachment of the 'Ulama
to their own Imams, for should such a man arise no one is bound now to
listen to him. Imam Hanbal said:--"Draw your knowledge from whence the
Imams drew theirs, and do not content yourself with following others
for that is certainly blindness of sight". Thus the schools of the four
Imams remain intact after a thousand years have passed, and so the
'Ulama recognise since the time of these Imams no Mujtahid of the first
degree. Ibn Hanbal was the last.
The rights of the man who attained to this degree were very important.
He was not bound to be a disciple of another, he was a mediator between
the Law and his followers, for whom he established a system of
legislation, without any one having the right to make any objection. He
had the right to explain the Quran, the Sunnat and the Ijma' according
as he understood them. He used the Prophet's words, whilst his
disciples only used his. Should a disciple find some discrepancy
between a decision of his own Imam and the Quran or Traditions, he must
abide by the decision of the Imam. The Law does not permit him to
interpret after his own fashion. When once the disciple has entered the
sect of one Imam he cannot leave it and join another. He loses the
right of private judgment, for only a Mujtahid of the first class can
dispute the decision of one of the Imams. Theoretically such Mujtahidin
may still arise; but, as we have already shown, practically they do
not.
THE SECOND DEGREE OF IJTIHAD.
This degree has been granted to the immediate disciples of the great
Imams who have elaborated the systems of their masters. They enjoyed
the special consideration of the contemporary 'Ulama, and of their
respective Imams who in some cases have allowed them {36} to retain
their own opinion.' The most famous of these men are the two disciples
of Abu Hanifa, Abu Yusuf and Muhammad bin al Hasan. In a secondary
matter their opinion carries great weight. It is laid down as a rule
that a Mufti may follow the unanimous opinion of these two even when it
goes against that of Abu Hanifa.
THE THIRD DEGREE OF IJTIHAD.
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