An Outline of the History of Restriction on Ijtihad

[8]. That is 'ijtihad' in a different sense which is rejected by the Shi'ah.

[9]. He is Muhammad ibn Ahmad ibn al-Junayd al-Katib al-Iskafi, an early Imami legist. Al-Najashi, in his Rijal, says about him: "Muhammad ibn Ahmad ibn al-Junayd, Abu 'Ali al-Katib al-Iskafi, notable amongst our companions, trustworthy and highly respected, a prolific writer."

He goes on to mention a large number of his works, and among them is a book containing a collection of 'masa'il' nearing two thousand in number, covering 2500 pages. Later he observes: "I have heard my trustworthy teachers say about him that he used to practice qiyas" (Rijal al-Najashi, [Qumm,1407b p. 385-388].

Al-Shaykh al-Tusi in al-Fihrist says about him: "Muhammad ibn Ahmad ibn al Junayd, kuniyah Abu 'Ali, was an excellent writer, but he used to practice qiyas. Therefore his books have been abandoned and are not referred to. He has written a large number of books" (p. 267). Then he goes on to mentions his books.

'Allamah Sayyid Mahdi Bahr al-Ulum (quddisa sirruh) observes: "Muhammad ibn Ahmad ibn al-Junayd, Abu 'Ali al-Iskafi, [was] one of the eminent and great figures of our sect and one of the earliest Imami scholars .... This shaykh, despite his eminence within the sect, his leadership, and great station, has been said to have employed qiyas, and this has been narrated about him by a group of major Shi'i scholars" (Sayyid Bahr al Ulum, Rijal, iii, 205-207).

Regardless of this, the scholars have not altogether disregarded his opinions because of his acting on qiyas, and this is clear from the following observation of 'Allamah Sayyid Bahr al 'Ulum: "It is known from what we have said that the correct view is to give credence to Ibn al-Junayd's opinions for determining issues of concurrence and disagreement, and this is the wont of major Imami scholars. Concerning his having acted on qiyas and the like, that does not call for disregarding his books and not relying upon them, as observed by al-Shaykh al-Tusi-may God have mercy upon him-because the presence of difference among the fuqaha' regarding the basic principles of ahkam (i.e. jurisprudential principles on the basis of which the ahkam of the Shari'ah are deduced) does not necessitate non-reliance on their opinions on this basis, considering that from the earliest times to the present age, they have differed concerning the jurisprudential principles on which the detailed laws are based, such as their difference of opinion regarding khabar al-wahid and al-istishab (Sayyid Bahr al-Ulum, Rijal, iii, 221).

[10]. The issue of the 'adalah (veritable authority) of the Sahabah, is one of the critical issues that have occupied an important place in discussions on the sciences of hadith and rijal (the study of the narrators from the viewpoint of their veracity). The majority of the Ahl al-Sunnah have inclined towards the view that all the Sahabah are 'adil (veracious authorities) and that it is not appropriate to apply to them the critical criteria of the science of-rijal (jarh and ta'dil) as applied to other Muslims.

Al-Ghazali, in al-Mustasfa, says: "The salaf (the early generations of Muslims) and the majority of the khalaf (those who came after the salaf) have accepted the 'adalah of the Sahabah on the basis that their 'adalah has been confirmed by God, the Almighty and the Glorious, and He has praised them in His scripture. We too hold the same belief about them, except where it is conclusively proved that one of them has committed a sinful act knowingly. And since this has not been proved, there is no need for ascertaining their 'adalah" (al-Mustasfa, p. 204).

There are among the Ahl al-Sunnah those who consider it valid to critically appraise their 'adalah, just as in the case of other Muslims, and that their Companionship of the Prophet (s) is of no consequence in this regard. But these scholars do not represent anyone except themselves in this belief. Apart from this, some Mu'tazilah have observed that the Companionship was effectual till the occurrence of strife, discord, and eventual bloodshed among them.

Whatever the case may be, most of the Ahl al-Sunnah unconditionally accept the 'adalah of the Sahabah and do not require a critical appraisal of their 'addlah.