'Aql

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'Aql (Arabic:عقل) is an Arabic term that refers to natural human knowledge in Islamic theology, or intellect in Islamic philosophy. In jurisprudence, it is associated with using reason as a source for shariah (law).[1]

[edit] Shia Legal Implementation

In Shia jurisprudence, aql is the process of using intellect or logic to deduce law. Legal scholars in both Sunni and Shi'a Islamic traditions share Quranic interpretation, the Sunnah, and Ijma' (consensus) as sources of Islamic law and judicial decisions (ḥukm). However, Ithna-'Ashariyya (Twelver) Shi'as from the Jafari school of law utilize 'aql, whereas Sunnis use qiyas (analogical reasoning) as the fourth source of law. Among the Twelvers, the Akhbaris and the Usulis were contending subschools: the former reject ijtihad outright; the latter advocate ijtihad and have been predominant for the last 300 years.[2] In Shi'a Islam the gates of ijtihad were never closed and with the use of 'aql, Shi'a mujtahid (practitioner of ijtihād) and faqīh (legal specialist) are able to respond as issues arise that were not explicitly dealt with in the Quran or Sunnah.

[edit] Notes

  1. ^ J. Esposito p.22
  2. ^ M. Masud p.14


[edit] References

  • J.M. Cowan (1994), The Hans Wehr Dictionary of Modern Written Arabic
  • John Esposito (2003), The Oxford Dictionary of Islam
  • M. Masud (1996), Islamic Legal Interpretation: Muftis and Their Fatwas
  • Imam Ali, Nahjul Balagha: Sermons, Letters & Sayings of Imam Ali