Pdf ijtihadthe question of islamic jurisprudence and scientific. Here, introduction to islamic jurisprudence, historical development and various school of thoughts are provided for general comprehension of the subject. In islamic jurisprudence ijtihad means the effort made by the mujtahid in seeking knowledge of the ahkam rules of the shariaah. Importance of ijtihad in islamic law the law study. Various sources of islamic law are used by islamic jurisprudence to elucidate the sharia, the body of islamic law. Concept of ijtihad according to faruki, the concept of ijtihad defines as, systematic reasoning and disciplined striving. In the islamic terminology it means to exert with a view to form an independent judgement on a legal question. The article aims to show that the islamic system is reformable and that it can sustain reforms to it.
Ijtihad network is a website for islamic jurisprudence, dealing with organizing and conducting educational, research, and social information of jurisprudence and ijtihad legal reasoning, particularly in islamic seminaries. Muslims in india are governed by their personal law. Apart from the tradition pertaining to maadh bin jabal referred to above, there is also another hadith of the prophet approving of ijtihad which says that if one does ijtihad and makes a mistake he will have one reward and if he does it correctly he will get double reward. In general mujtahids must have an extensive knowledge of arabic, the quran, the sunnah, and legal theory usul alfiqh.
Pdf ijtihad as a source of law islamic jurisprudence. Concept of ijtihad in islam ijtihad literally means to exert. No one, not even most orthodox alim, can deny its legitimacy. Ijtihad, the dynamic principal of islamic law, helps to keep law ever fresh and capable of facing the challenges of new places and times. Historically, ijtihad was most commonly defined as the jurists. In islamic legislation, ijtihad plays an important role and has central position in the whole process. Fiqh literally means knowledge, and in islamic terminology it means the science of islamic laws. The course will examine texts, history and current issues in islamic law and its enforcement. The opposite of ijtihad is taqlid, arabic for imitation. The emergence of the concept of collective ijtihad the collapse of the closure theory has given a new dimension to applying islamic law in the modern world. It has its origin in the wellknown verse of the qur an and to those who exert we show our path. With the passage of time, it assumed a second meaning, which eventually emerged as the primary source of ijtihad in islam and was not the ijtihad, which maaz bin jabal had conceived and the prophet had perceived. The word derives from the arabic verbal root jahada struggle, the same root as that of jihad.
Principles of islamic jurisprudence, also known as u. Ijtihad, in classical ushul fiqh, is a collective obligation of the muslim community and its scholars to exert themselves in order to find solutions to new problems and to provide new guidance in matters of law and religion kamali 1991, xvii. The quran is the holy scripture of islam, believed by muslims to be the direct and unaltered word of allah. While reform implicitly discounts the validity of an idea through suggesting that it is in need of alteration, ijtihad tackles contemporary problems using islam s original. Instead of one, the book shows, there are at least three legal theories, each of which has been explained by the author in some detail and with remarkable lucidity. A concise summary of the evolution of islamic law sharia. The concept of ijtihad in accordance to shii islam the concept of ijtihad in accordance to shii islam by. The islamic concept of submission is more powerful in that it subordinates human will to the will and law. Koran is primarily a book of religious and moral principles and exhortation, and is not. Risala 6 was the first book to be written on the principles of islamic jurisprudence. In the light of quan v and those who strive in our cause, we will certainly guide them to our paths for verily allah is with those who do right. The concept of ijtihad in the history of islamic jurisprudence. The primary sources, accepted universally by all muslims, are the quran and sunnah. Pdf ijtihad as a source of law islamic jurisprudence azeem mian.
The present book includes some of the topics covered in that book. Ijtihad is the concept of making personal judgment on the various issues of life which is independent of any school of jurisprudence or the making of a choice or a decision that is not based on any teachings of islam, but still captures the overall essence of this religion. Ijtihad the question of islamic jurisprudence and scientific thought. Both modernists and islamists accept that the appropriate utilization of this legal mechanism will provide islamic law with fresh interpretations that are suitable for the modern world. To the students of law, a study of this is a sine qua non as it. The importance of learning the meaning of ijtihad pascal. Ijtihad reinterpreting islamic principles for the twentyfirst. The jurists are in disagreement as to which of these meanings should be read into the text. Ijtihad is an islamic legal term referring to independent reasoning or the. The word islam means complete submission to god in the similar sense that the english philosopher thomas hobbes visualized the complete surrender of power by the individual to the state. A person who applied ijtihad was called a mujtahid, and traditionally had to be a scholar of islamic law or alim. Secular and sacral concepts and practices in interaction. It is the effort made by the muhtahid in seeking knowledge of the ahkam rules of the shariah through interpretation. Each had a distinct function to perform in the development of islamic law.
Kamali, mohammad hashim principles of islamic jurisprudence. Ijtihad reinterpreting islamic principles for the twenty. The principle of ijtihad in islam islamic books, islamic. Ijtihad is mainly associated with the usuli shia muslim jafari school of jurisprudence. Introduction the basics of islamic jurisprudence al. The issue of disagreement with the ijtihad of four imams 35 the ijtihad undertaken by the four imams is of two types.
Islamic jurisprudence may be defined as a process by means of which jurists derive sets guidelines, rules and regulations the shariah from the principles of the quran and the sunnah. Pdf ijtihadthe question of islamic jurisprudence and. Property, contracts, evidence, procedure, constitutional matters and issues of muslim personal law family law are dealt with efficiently. The meaning of ijtihad technical meaning of ijtihad. The role of sunnah in islamic jurisprudence theology religion essay. The hanafis have upheld the first of the two meanings and have ruled on the prohibition of marriage to ones illegitimate daughter, whereas the shafiis have upheld the second. Ibn abi dharah, quoting almawarid, states that the literal meaning of ijtihad is to. This book concludes laws on cleanliness, prayers, fasting, hajj, transactions, marriage, and other topics according to the islamic law of ayatollah abul qasim alkhui. There is no way out of this predicament without renewing the concept of ijtihad and using the process to develop modern. Traditional theory of islamic jurisprudence elaborates how the scriptures should be interpreted from the standpoint of linguistics and rhetoric. The view did not do justice to islamic jurisprudence for it overlooked the rich diversity found in the islamic legl system. The concept of justice in islam ijtihad network the book the concept of justice in islam will attempt to clarify a major misconception that has gained widespread acceptance in some academic circles. This article is an exploration of the concept of ijtihad as a means for achieving a viable methodology for legal reforms in the muslim world.
The literal and figurative definition of jurispudence. Siddiqi, a member of the fiqh islamic law council of north america who. These notes and extensions provided a source for his later book laws. Islamic jurisprudence is a basic subject for the students of islamic law. This circumstance helps to explain why so much of sharia islamic law is customary urf. The algorithm of islamic jurisprudence fiqh with validation. The hanafis have upheld the first of the two meanings and have ruled on the prohibition of marriage to ones illegitimate daughter. During the messengers lifetime the holy quran and sunnah were the only sources of islamic law. Mujtahid means a person who does ijtihad or who is an expert of islamic laws. In the era of the prophet, most of the legal injunctions of the quran were basically pre islamic tribal custom given an islamic sensibility and moral legitimacy. It will also study principles, concepts and terminology of islamic jurisprudence and muslim law, it will introduce some aspects of islamic law pertaining to substantive areas, like.
The system of ijtihad an introduction to the islamic. The methodology of ijtihad nyazee the methodology of ijtihad by. In islamic legislation ijtihad plays an important role and has central position in the whole process. The role of sunnah in islamic jurisprudence theology. It is important to note that ijtihad is an accepted concept in islam. Paperback 344 pages isbn 97898395411 the other press, kuala lumpur malaysia this book presents usul alfiqh, or islamic legal theory, as comprising three major theories or methodologies. Ijtihad interpreting islamic principles islamicity. Ijtihad has been a key area of enquiry for scholars of islamic law, interested as they have been in tracking its ability to adapt to novel circumstances. Sometimes ijtihad requires looking afresh at islam s primary sources, the quran and sunnah, and reinterpreting them according to new circumstances. The concept of ijtihad in the history of islamic jurisprudence in islamic law the use of individual reasoning in general is called ijtihad or ijtihad alray, and mujtahid is the qualified lawyer who uses it. Shia concept of ijtihad hinges on this science that determines and.