Ar-paradise ( Arabic: الرأي - view, opinion, judgment ) - one's own independent opinion or judgment of the fakih, on the basis of which he makes fatwa.
Content
Appearance
The emergence of the concept of ar-paradise is associated with the caliph Umar ibn al-Khattab , who sent Abdullah ibn Masoud to Iraq as a qadi . Caliph Umar explained at the same time that ar-ray means judgment by analogy and public benefit . In contrast to the “supporters of the tradition” ( ahl al-hadith ), the followers of Abdullah ibn Masoud began to be called “the supporters of independent opinion” ( ashab ar-rai ) [1] .
Categories
From the end of VII - beginning of the VIII century. various categories began to stand out from the concept of ar-paradise, which determined methods for solving legal issues and methods of rational research. Thus, Hammad ibn Abu Sulayman and his student Abu Hanifa developed the method of “ judgment by analogy ” and “ preferred solution ”, the founder of the Malikite madhhab, Malik ibn Anas, developed the categories of “independent judgment for the sake of benefit” ( stories ) and “judgment of permission and prohibition” ( zarai ), and the disciple of Imam Malik Muhammad al-Shafi'i developed the category of “deductive inference” ( Idle ). All of the aforementioned theologians, to a greater or lesser extent, used the category of “presumption of the invariability of the state” ( istishab ) [1] .
All these categories did not contain a precedent of legal material and made it possible to successfully solve the difficulties arising from the literal interpretation of the texts of the Koran and Sunnah. The use of some categories of ar-rai and the negation of others is one of the defining signs of the difference ( ichthylaf ) between the madhhabs [1] .
After the addition of the madhhabs, the concept of ar-parad went out of use, being absorbed in the concept of ijtihad or associated with “judgment by analogy” ( kiyas ) [1] .
Notes
- ↑ 1 2 3 4 Bogolyubov A. S. Ar-rai // Islam: Encyclopedic Dictionary / Otv. ed. S. M. Prozorov . - M .: Science ,GDVL , 1991 . - S. 197. - ISBN 5-02-016941-2 .
Literature
- in Russian
- Bogolyubov A.S. Ar-rai // Islam: Encyclopedic Dictionary / Otv. ed. S. M. Prozorov . - M .: Science , GDVL , 1991 . - S. 197. - ISBN 5-02-016941-2 .
- M. Abu Zahra. Ta'rih al-Mazahib al-Islamiyah. 1-2. Cairo, [b. g.], 1, 12-21
- in other languages
- Bravmann MM The Spiritual Background of Early Islam. Leiden, 1972, 177-188
- Uṣūl al-Fiḳh / Calder, N. // Encyclopaedia of Islam . 2 ed . - Leiden: EJ Brill , 1960-2005. (paid)