les knows nothing of jurisprudence." Hanbal when
sick wore a shirt which had belonged to Shafa'i, in order that he might
be cured of his malady; but all this {34} did not prevent them starting
schools of their own, for the right of Ijtihad is granted to those who
are real Mujtahidin. There are three degrees of Ijtihad.
1. Al-Ijtihad fi'l Shari': absolute independence in legislation
2. Al-Ijtihad fi'l Mazhab: authority in the judicial systems founded by
the Mujtahidin of the first class.
3. Al-Ijtihad fi'l Masail: authority in cases which have not been
decided by the authors of the four systems of jurisprudence.
The first is called a complete and absolute authority, the second
relative, the third special.
THE FIRST DEGREE OF IJTIHAD.
Absolute independence in legislation is the gift of God. He to whom it
is given when seeking to discover the meaning of the Divine Law is not
bound to follow any other teacher. He can use his own judgment. This
gift was bestowed on the jurisconsults of the first, and to some in the
second and third centuries. The Companions, however, who were closely
connected with the Prophet, having transmitted immediately to their
posterity the treasures of legislation, are looked upon as Mujtahidin
of much higher authority than those of the second and third centuries.
Thus Abu Hanifa says:--"That which comes to us from the Companions is
on our head and eyes (_i.e._, to be received with respect): as to that
which comes from the Tabi'in, they are men and we are men."
Since the time of the Tabi'in this degree of Ijtihad has only been
conferred on the six great Imams. Theoretically any Muslim can attain
to this degree, but it is one of the principles of jurisprudence that
the confirmation of this rank is dependent on many conditions, and so
no one now gains the honour. These conditions are:--
1. The knowledge of the Quran and all that is related to it; that is to
say, a complete knowledge of Arabic literature, a profound acquaintance
with the orders of the Quran and all their sub-divisions, their
relationship to each other and their connection with the orders of the
Sunnat. The candidate should know when, and why each verse of the Quran
was written, he should have a perfect acquaintance with the literal
meaning of the words, the speciality or generality of
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