ecision of one of the Imams. Theoretically such Mujtahidin
may still arise; but, as we have already shown, practically they do
not.
THE SECOND DEGREE OF IJTIHAD.
This degree has been granted to the immediate disciples of the great
Imams who have elaborated the systems of their masters. They enjoyed
the special consideration of the contemporary 'Ulama, and of their
respective Imams who in some cases have allowed them {36} to retain
their own opinion.' The most famous of these men are the two disciples
of Abu Hanifa, Abu Yusuf and Muhammad bin al Hasan. In a secondary
matter their opinion carries great weight. It is laid down as a rule
that a Mufti may follow the unanimous opinion of these two even when it
goes against that of Abu Hanifa.
THE THIRD DEGREE OF IJTIHAD.
This is the degree of special independence. The candidates for it
should have a perfect knowledge of all the branches of jurisprudence
according to the four schools of the Arabic language and literature.
They can solve cases which come before them, giving reasons for their
judgment, or decide on cases which have not been settled by previous
Mujtahidin; but in either case their decisions must always be in
absolute accordance with the opinions of the Mujtahidin of the first
and second classes, and with the principles which guided them. Many of
these men attained great celebrity during their lifetime, but to most
of them this rank is not accorded till after their death. Since Imam
Qazi Khan died (A.H. 592), no one has been recognised by the Sunnis as
a Mujtahid even of the third class.
There are three other inferior classes of jurists, called Muqallidin,
or followers of the Mujtahidin; but all that the highest in rank
amongst them can do is to explain obscure passages in the writings of
the older jurisconsults. By some of the 'Ulama they are considered to
be equal to the Mujtahidin of the third class. If there are several
conflicting legal opinions on any point, they can select one opinion on
which to base their decision. This a mere Qazi cannot do. In such a
case he would have to refer to those men, or to their writings for
guidance. They seem to have written commentaries on the legal systems
without originating anything new. The author of the Hidayah, who lived
at the end of the sixth century, was a Muqallid.
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