What is the Ḥukm (ruling) on being a lawyer in the Shāfiʿī madh-hab?
Mufti Taha Karaan responds to an article titled “Follow Islamic finance path in reforming Islamic law”. Both the article and Moulana’s response is included.
Ijma‘ is one of the four main sources of Islamic law. It is a fortress and protective fence against adulteration in all spheres and phases. It is an unalterable axle of Islamic Canonical Law. Although it is generally believed to be so, this doctrine of Ijma‘ has suffered, in so called modern researches, from fanatic objections.
The charge leveled against Imâm Taqiyy ad-Dîn as-Subkî is that despite possessing all the requirements for ijtihâd, he did not perform ijtihâd, and preferred to remain within the bounds of his madhhab, since the adoption of independent ijtihâd would preclude him from rising to positions which were reserved for fuqahâ of the madhâhib.