Islam and Human Rights — Page 9
Introductory 9 and munkar , iniquity, is to be eschewed. When the Prophet appointed Mu’az as Qazi of Yemen, he asked him what rule he would follow when he had to make a decision. Mu’az said he would look for the rule in the Book of Allah. “And if you do not find the answer in the Book?” queried the Prophet. “I shall seek for it in the example of the Prophet. ” “And if you still lack an answer?” “I shall exercise my own judgment. ” “That is the right way,” he was assured by the Prophet. 1 The whole vast, elaborate system of Muslim juris - prudence has been developed along those lines. In fact Islam stimulated and released so effervescent and variegated an intellectual ferment that, to confine oneself to the field of jurisprudence alone, within a very brief period several Schools of Jurisprudence flourished within the rapidly widening expanse of the Islamic State. Four of them, the Hanafi, Maliki, Shafei and Hanbali (all of the Sunni per suasion) still maintain their pre- eminence and hold their sway in regions where Islamic Law is administered. The great Imams of Jurisprudence, Sunni and Shia alike, and also those of other persuasions, together with their eminent disciples and a host of those who 1 Tirmidhi I, Sect. :Judgments, Ch. :Problems facing a Judge, etc.