An Introduction to Collective Ijtihad

Discussion in 'Usul al-Fiqh' started by abu nibras, Sep 2, 2005.

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  1. abu nibras

    abu nibras Staff Member

    An Introduction to Collective Ijtihad (Ijtihad Jama‘i): Concept and Applications
    Aznan Hasan


    This article explores the concept of collective ijtihad as a means of determining new judicial judgments. Accordingly, it analyzes the theoretical framework of this kind of ijtihad and its application by discussing the various institutions that practice it. In general, this article seeks to present this as a practical mechanism for ascertaining the Shari‘ah’s opinion concerning the Muslim ummah on a variety of current issues. At the outset, it will present
    briefly the controversy concerning the closure of the gate of ijtihad, for this kind of ijtihad relies heavily upon our recognition that, throughout the history of Islamic law, jurists have
    never abandoned the task of ijtihad.

    The Controversy Surrounding the Theory of the Closure of the Gate of Ijtihad

    In his introduction, Joseph Schacht asserted that Islamic law is no longer relevant to modern life, due to its inflexibility and consequent inability to meet the constant changes therein. He stated further that the nature of Islamic law’s unchanging principles had inevitably resulted in this situation. At the time of the classical jurists, although the nature of the system was the same, those involved in legal matters found a remedy for Islamic

    more ............. go to Page 36

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