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**JohnTruels** · 07-10-2012, 02:39 AM

this is not the case when qualified muftis sit to do it.

A panel of 40 muftis as the qualification of today is weak compared to the qualification of the past.

you are incorrect. the country's majority madhab is chosen as the state madhab. other madhahib and other sects can run their affairs by their own laws. Is this some rule that is well established and unchangable? Ofcourse not. It was evolved based on convenience. My reading also tells me that courts had judges from four madhabs.

you should read relevant portions of Al Ahkam As Sultaniyyah where ijithad for the Qadhis has been thoroughly discussed. i am afraid i cant copy paste from the book. i have it in images. I haven't read it but if there is some unambiguous proof that is not possible to be counter argued, then you can point it out here.

My point simply was based on the context of time where shariah state should start by applying what is most evident and well established and agreed; rather than applying ijthihad of every mufti here and there. The state should function in a manner that is consistent and built on strong principles and not act upon speculative ijthihad of every new mufti. Just because some past scholar allowed a certain dress color code for dhimmis don't mean a certain mufti can say "hey this scholar allowed it, so are you smarter than him? " and then apply dress color code to identify dhmmis. That is equivalent to salafis who fetch for opinions without any principles.

I'm not saying ijthihad and those aspects which are differed is to be rejected. Not at all. At scholarly level the discussions can progress and preachers can preach. But for it to be applied from a state level, there needs to be a greater level of validity.

an example is the recent 'taliban' video of 'stoning' via a single gun shot.
i have very strong reason to believe it is utterly fake and a propaganda by the That story seems more like somebody's self projection rather than a true incident. A fake drama most likely.

Yes that is an example butvthere are more real examples which are not usually addressed and blind eye turned..

07-10-2012, 02:39 AM	#19
JohnTruels Join Date Oct 2005 Posts 490 Senior Member	this is not the case when qualified muftis sit to do it. A panel of 40 muftis as the qualification of today is weak compared to the qualification of the past. you are incorrect. the country's majority madhab is chosen as the state madhab. other madhahib and other sects can run their affairs by their own laws. Is this some rule that is well established and unchangable? Ofcourse not. It was evolved based on convenience. My reading also tells me that courts had judges from four madhabs. you should read relevant portions of Al Ahkam As Sultaniyyah where ijithad for the Qadhis has been thoroughly discussed. i am afraid i cant copy paste from the book. i have it in images. I haven't read it but if there is some unambiguous proof that is not possible to be counter argued, then you can point it out here. My point simply was based on the context of time where shariah state should start by applying what is most evident and well established and agreed; rather than applying ijthihad of every mufti here and there. The state should function in a manner that is consistent and built on strong principles and not act upon speculative ijthihad of every new mufti. Just because some past scholar allowed a certain dress color code for dhimmis don't mean a certain mufti can say "hey this scholar allowed it, so are you smarter than him? " and then apply dress color code to identify dhmmis. That is equivalent to salafis who fetch for opinions without any principles. I'm not saying ijthihad and those aspects which are differed is to be rejected. Not at all. At scholarly level the discussions can progress and preachers can preach. But for it to be applied from a state level, there needs to be a greater level of validity. an example is the recent 'taliban' video of 'stoning' via a single gun shot. i have very strong reason to believe it is utterly fake and a propaganda by the That story seems more like somebody's self projection rather than a true incident. A fake drama most likely. Yes that is an example butvthere are more real examples which are not usually addressed and blind eye turned..
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