Choose the correct statements about qiyas, ijma and ijtihad.

A. 'Ijma has been seen as a conservative instrument in the preservation of the religious heritage, and prevented the tolerant coexistence of rival scholar's view in the changing historical circumstances of the community.
B. The use of qiyas lacks a unequivocal basis in the Quran, while Tradition suggest that the Prophet may on occasion have resorted to it.
C. Although the notion of 'ijma existed from quite early times, it is debatable wherher it referred to the whole community, the Companions, the 'ulama, or just those of a particular locality, and whether it was regarded from the beginning as the infallible opinion.
D. Qiyas is the application of a ruling in a case already known, to a new case on which the law is silent, the application made possible by the presence of an illah shared by both cases.
E. Qtoiyas was applied wholesale to every pronouncement of the texts, especially on the matters of penal law, because it was always possible to find a certain "effective cause."
F. The continuous efforts of the mujtahids to deduce the law from the sources by their own efforts assured the growth of positive law.
G. It was accepted by the consensus of all legal schools that by the 13th century the gate of ijtihad had been closed to give full rein to muqallads.
H. The spread of madrasahs founded in the 11th century allowed the government to employ its own jurists on a wide scale, which marked an interference with the mujtahid's free and unfettered practice of providing legal opinions

The correct answer is B and D

Ijma is a consensus or a point of Islamic law.

The closure of ijtihad appeared to be the plausible cause of the apparent stagnation and lack of creativity in Muslim jurisprudence. Although pre-modern Islamic jurists and Orientalists agree on the closure of ijtihad, these days, it has been the subject of more in-depth studies and lively discussions among academics, and it is common opinion that neither the exercise nor the theory of law Islam have ever manifested the absence of ijtihad or legal creativity.

terms in this set (38) portuguese explorer. in 1497-1498 he led the first naval expedition from europe to sail to india, opening an important commercial sea route.(sailed around africa to india).portuguese navigator who sailed around the cape of good hope and reached the west coast of india in search of spices.

among the numerous advantages promised by a well constructed union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. the friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. he will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides a proper cure for it. the instability, injustice, and confusion introduced into the public councils, have, in truth, been the mortal diseases under which popular governments have everywhere perished; as they continue to be the favorite and fruitful topics from which the adversaries to liberty derive their most specious declamations. the valuable improvements made by the american constitutions on the popular models, both ancient and modern, cannot certainly be too much admired; but it would be an unwarrantable partiality, to contend that they have as effectually obviated the danger on this side, as was wished and expected. complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority. however anxiously we may wish that these complaints had no foundation, the evidence, of known facts will not permit us to deny that they are in some degree true. it will be found, indeed, on a candid review of our situation, that some of the distresses under which we labor have been erroneously charged on the operation of our governments; but it will be found, at the same time, that other causes will not alone account for many of our heaviest misfortunes; and, particularly, for that prevailing and increasing distrust of public engagements, and alarm for private rights, which are echoed from one end of the continent to the other. these must be chiefly, if not wholly, effects of the unsteadiness and injustice with which a factious spirit has tainted our public administrations.

explanation: the latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society. a zeal for different opinions concerning religion, concerning government, and many other points, as well of speculation as of practice; an attachment to different leaders ambitiously contending for pre-eminence and power; or to persons of other descriptions whose fortunes have been interesting to the human passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other than to co-operate for their common good. so strong is this propensity of mankind to fall into mutual animosities, that where no substantial occasion presents itself, the most frivolous and fanciful distinctions have been sufficient to kindle their unfriendly passions and excite their most violent conflicts. but the most common and durable source of factions has been the various and unequal distribution of property. those who hold and those who are without property have ever formed distinct interests in society. those who are creditors, and those who are debtors, fall under a like discrimination. a landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. the regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the governmen