This is the degree of special independence. The candidates for it
should have a perfect knowledge of all the branches of jurisprudence
according to the four schools of the Arabic language and literature.
They can solve cases which come before them, giving reasons for their
judgment, or decide on cases which have not been settled by previous
Mujtahidin; but in either case their decisions must always be in
absolute accordance with the opinions of the Mujtahidin of the first
and second classes, and with the principles which guided them. Many of
these men attained great celebrity during their lifetime, but to most
of them this rank is not accorded till after their death. Since Imam
Qazi Khan died (A.H. 592), no one has been recognised by the Sunnis as
a Mujtahid even of the third class.
There are three other inferior classes of jurists, called Muqallidin,
or followers of the Mujtahidin; but all that the highest in rank
amongst them can do is to explain obscure passages in the writings of
the older jurisconsults. By some of the 'Ulama they are considered to
be equal to the Mujtahidin of the third class. If there are several
conflicting legal opinions on any point, they can select one opinion on
which to base their decision. This a mere Qazi cannot do. In such a
case he would have to refer to those men, or to their writings for
guidance. They seem to have written commentaries on the legal systems
without originating anything new. The author of the Hidayah, who lived
at the end of the sixth century, was a Muqallid.
Such is Mirza Kazim Beg's account. The whole article, of which I have
only given the main points, is worthy of the closest study. It shows
how "the system, as a whole, rejects experience as a guide to deeper
insight or wider knowledge; tramples upon the teaching of the past;
pays no heed to differences of climate, character, or history; but
regards itself as a body of absolute truth, one jot or tittle of which
cannot be rejected without incurring the everlasting wrath of God."[40]
{37}
* * * * *
CHAPTER II.
EXEGESIS OF THE QURAN AND THE TRADITIONS.
The following account of this branch of Muslim theology, technically called
'Ilm-i-Usul, may be introduced by a few remarks on the nature of
inspiration according to Islam, though that is not strictly speaking a
portion of this study.
Public-domain text, read in full here on John Shaqi.
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