Application of ra'y (opinion)

The following is part 3. Part 1 and part 2.

The author quotes an opinion from al-Shahrastani to rationalize using opinions in deriving the Islamic laws.  I am rephrasing al-Shahrastani; 'written text are limited but the daily life is unlimited and infinite'. The author then ask

How could a codex, derived from entirely different conditions, have given answers to legal problems which arose under these new circumstances?

Abu Dawud (al-Zahiri) would go with the weakest tradition if nothing better existed. The author hypothesized that many traditions might have been invented/fabricated to avoid ra’y (opinion).

Sha'bi was against using opinions to derive Islamic laws and is quoted to have said   

Ra'y (الرأي) is like a carcass ( الميتة); it is used as food in an extreme emergency only. [1]

A few traditions were presented in support of ra'y (opinion). These traditions states that well known figure (i.e., Abu Bakr, Umar and others) have been known to use their opinions (ray) for giving out judgments, when they were unable to find the answers in either the book of Allah or Prophetic traditions. 

Some of these traditions are disregarded (by scholars) because they were not authentic as per isnad (law of traditions) while others were using words and concept that were unfamiliar (non existence) in the time period of the Holy Prophet. These may have been a later invention.

The author has also made a reference to a hadeeth in the book al-Adab (#79) by al-Bukhari. The application of al-ra'y (opinion) in theology has a negative connotation or derogatory/heretical. And this was agreed by al-Ghazali (whose stance was pretty much inline with al-Bukhari).

Continue reading part four

Reference
[1] See the footnote in this book for primary reference