Book contents
- Frontmatter
- Contents
- Acknowledgements
- Introduction: The Sufis and Legal Theory
- Part 1 Mysticism, Traditionalism and the School of Mercy
- Part 2 Mercy in Flexibility: A Path for All Mankind
- Part 3 The Akbarī Madhhab in Practice and its Influence on the Modern World
- Conclusion: The Spirit of the Law – Competing Visions
- Appendix: The Classical Juristic Debate on Whether Every Mujtahid was Correct
- References
- Index
Appendix: The Classical Juristic Debate on Whether Every Mujtahid was Correct
Published online by Cambridge University Press: 15 August 2023
- Frontmatter
- Contents
- Acknowledgements
- Introduction: The Sufis and Legal Theory
- Part 1 Mysticism, Traditionalism and the School of Mercy
- Part 2 Mercy in Flexibility: A Path for All Mankind
- Part 3 The Akbarī Madhhab in Practice and its Influence on the Modern World
- Conclusion: The Spirit of the Law – Competing Visions
- Appendix: The Classical Juristic Debate on Whether Every Mujtahid was Correct
- References
- Index
Summary
In their discussions on ijtihād, Ibn ʿArabī, Suyūṭī and Shaʿrānī proposed that, in many cases, there could be more than one correct way to do something at the same time. During these discussions, these authors invoked the doctrine that ‘every mujtahid is correct’ in support of their arguments. It was natural, then, for researchers to believe that these scholars counted among those who subscribed to this doctrine. It is necessary first to understand the nature of this doctrine in order to see that these scholars did not all subscribe to it. The confusion begins with the very way in which the question is framed in works of legal theory. The question is framed as: ‘Is every mujtahid correct or is there only one correct mujtahid?’ To understand the doctrine of those who say that ‘Yes, every mujtahid is correct’, it would be better to reframe the question they are asking. The question that is really being asked is the following: ‘With regard to matters on which there is no crystal-clear answer in the Revealed Sources, and where there is room for disagreement, is there or is there not a right answer?’ In other words, is truth objective or subjective? Those who held that ‘every mujtahid is correct’ were actually claiming that there is no such thing as a ‘right answer’. This, of course, presupposes a qualified mujtahid who reaches an answer that is supported by the relevant evidence, not an answer that is at odds with the evidence. Perhaps that is the reason why the question has been framed in relation to the mujtahid (is every mujtahid correct?) and not in relation to the answer (is there a right answer?)
Al-Ghazālī and Infallibilism
The majority of scholars held that there is a correct answer in the sight of God. There could be only one valid result of ijtihād (one judgement) for each case, and all other judgements must be wrong. They held that we cannot be certain of this correct answer, however, and therefore the different positions must be respected, as long as they were reached by qualified scholars who did their utmost in search of the truth.
- Type
- Chapter
- Information
- Sufis and SharīʿaThe Forgotten School of Mercy, pp. 343 - 351Publisher: Edinburgh University PressPrint publication year: 2022