I’m working on a religion writing question and need an explanation and answer to help me learn.
1. What is ijma (consensus) and do you think that ijma is creative or unfeasible or both? Explain. Are there any subject matters that you can think of in a modern American setting that is ripe for ijma? (5 points)
2. What is qiyas(analogical reasoning)? Explain its mechanics and provide an example of how a jurist can extend a ruling to a new case not provided for in the primary texts and provide a modern example. (5 points)
3. What tool/s do jurist’s use to justify suspending or altering the application of specific established laws? Classically do all schools of law agree on this? Please explain. (5 points)
4. “…God does not wish to place any burden on you…” (The Quran, trans. M.A.S. Abdel Haleem, 5:6) This Quranic text is used to justify the use of maslahah (public interest). What types of laws are predicated on maslahah? (5 points)
5. Islam Jurisprudence is renowned for its legal presumptions of law including the presumption of original absence and the presumption of original presence. Please explain. How are these presumptions significant? (5 points)
6. Sadd ad Dhara’i (blocking the means) is considered a controversial juristic tool. Please explain and provide an example. Do you agree? (5 points)
7. How was the science of jurisprudence (usul al fiqh) developed in the shi’i tradition? How does Al-Sadr’s explain the separation in time between the evolution of usul al fiqh in the sunni tradition versus the shi’i tradition? Who is credited as the ”founder” of usul al fiqh in the shi’i tradition? (7 points)
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