اجتهادات الصحابة في صدر الإسلام : دراسة في المضامين التاريخية للروايات

Abstract EN

Necessity made the Muslims think of finding solutions to their emerging problems in which a heavenly text was not addressed to it.

So, in his life, the Prophet (PBUH) was filling the gap resulting from legislation through solutions that he was launching for many issues, bearing in mind that the void was not a lack of legislation, Rather, there is a space of mental freedom that Allah has granted to the human mind in finding solutions to his issues according to the current issues that is emerging in the life of Muslims.

The solutions were not limited to the Prophet, the Companions shared it with their opinions, and the accepted opinions were a mind that the Prophet would be satisfied with, and he would be silent about it, so it would be admitted from the Prophet on its authenticity.

There were many opinions during the time of the Prophet, and the Prophet urged his companions to find solutions, whether in his presence or in his absence.

Several Traditions (hadith) have been received to confirm this.

After the prophet’s death, the need became more urgent in solving the new problems that the revelation was silent about and which required immediate and urgent solutions and if they let them complicate the issue, so Muslims resorted to opinion in solving important problems and issues.

They relied first on the principle of reverting to the Qur’an, if they did not find their condition, they headed towards the Sunnis, perhaps they would find what they wanted.

If they were not able to do so, they would rely on their opinion after consulting them about the matter, based on the Quranic text and the Hadith.

Some of them responded to each other and undermined each other's opinion.

And it turned out that opinion is a legislative case in order to solve a dilemma or an urgent problem, which cannot be carried over to the ages that follow, because the text alone is the one that can leave, and the mental space remains open to all, it cannot be closed in any way, so the opinion that the Companions said is not binding on those after them.

Since it is not necessary to monopolize the solution in their opinions alone, this is a grant of the mind that cannot be enjoyed at all times.