Contemporary Ijtihād, Ethics and Modernity (original) (raw)

Ijtihad and a Modernist Perspective towards Islamic Law and Thought

Journal of Islamic Law Studies , 2008

The concept of ijtihâd is a main mechanism for development of Islamic law. Thus, it has to reactivate its role for the present era. As these ra’y and qiyās are the supplementary components for ijtihâd, new occurrences have inspired the idea of sharī‘ah reform. This chapter will investigate the kinds of sharī‘ah reform that are related to ijtihâd, starting from the core foundation of ijtihad and leading to its development throughout history. Times constantly change, and with these changes, human thought evolves. To deal with this man needs to build a social structure in which he is able to live in harmony. As history has revealed, it is the belief of Muslims that God has responded to support this human revolution by sending prophets with revealed laws, thus, giving aim and direction to the human race. Man is considered as being guided towards certain purposes

Ijtihad Methods of The Prophet’s Companions and Its Influence on Islamic Legal Traditions

AHKAM : Jurnal Ilmu Syariah, 2021

This study examines the influence of the ijtihad methods of the Prophet’s companion on two major schools of thought in Islamic legal tradition. These are the rational thinking of Abu Hanifah, known as ahl al-ra’y and Malik ibn Anas, known as ahl hadith. This study is a historical enquiry by critically analyzing significant events in the past around the lives of those two figures. Various historical resources are used, tarikh tashri’ and fiqh (Islamic jurisprudence) literature, etc. This study finds out that there is a positive influence of the Prophet’s companions’ ijtihad methods with the legal thinking of Abu Hanifah and Malik ibn Anas. This implies that the method significantly influences the formulation of Islamic jurisprudence by those two figures. Abstrak:Penelitian ini mengkaji pengaruh metode ijtihad para sahabat nabi terhadap dua mazhab besar dalam tradisi hukum Islam. Metode tersebut yakni pemikiran rasional Abu Hanifah yang dikenal dengan ahl al-ra'y dan Malik bin An...

The Role of Ijtihād in Progressing Islamic Law in Modern Times

US-China Law Review, 2013

While new and complicated legal issues continuously come to the fore, Islamic sacred texts that deal with legal issues are finite. Ijtihad is an interpretive tool that applies legal reasoning based on sacred texts to derive new legal rules that meet emerging legal problems. This paper will elucidate the nature of Ijtihad and comment on the status of Ijtihad today. The paper will also explain why it is necessary to replace macro-Ijtihad with micro-Ijtihad, and will highlight the importance of the continuance of Ijtihad by Islamic jurists despite Islamic law’s reduced application.

Al-Shawkani's View on Ijtihad and Taqlid | Şevkânî'nin İçtihat ve Taklid Hakkındaki Görüşleri

Usul al-Fiqh Al-Shawkani's View on Ijtihad and Taqlid | Şevkânî'nin İçtihat ve Taklid Hakkındaki Görüşleri, 2021

Discourses of the renewal of Islamic Law in accordance with the age we live in and such calls immediately bring to mind the approach towards ijtihad and imitation of jurisprudence schools. It is observed that from the fourth Hijri century until the last century, scholars of fiqh generally have followed certain jurisprudence schools. However, it has always found among scholars who opposed imitation and called for independent ijtihad. Muhammed b. Ali al-Shawkani (d. 1250/1834), considered one of the last scholars of the classical period, was one of those scholars who supported independent ijtihad. His view on ijtihad was very effective on some contemporary scholars. In this article, I will study his opinions on this issue.

Ijtihad in Usul al-Fiqh: Reforming Islamic Thought through Structural Ijtihad

2015

Ijtihad, or independent reasoning, has been the first cause of the dynamism of Islam from within for several centuries, and it has worked well. According to this method, Muslim scholars—mostly jurists (fuqaha)—referred to the Qur’an and the tradition of the prophet Muhammad in order to find the practical duties (shari’a) of believers. The ordinances of shari’a that were introduced by the jurists were sufficient for the believers. They enjoyed practicing these ordinances (ahkam), and the order of Muslims’ lives continued without difficulty.

Ijtihad- Oxford Handbook on Islamic Law

This article examines issues surrounding the historiography of ijtihad within the context of Islamic law. It considers the politics informing debates about whether the " gates " were ever closed, and what " closure " implies about Islamic law. It then discusses calls for the " reopening " of the " gates " , suggesting that such calls seem to reflect more about the conditions of modernity that pose new questions to a tradition with a considerable history, and less about the study of Islamic law. It also reviews the scholarship on ijtihad as a topic of legal theory in the usul al-fiqh genre and in relation to contemporary issues in legal philosophy and interpretation, along with the discourse of ijtihad in the modern period and its significance as a proxy for underlying concerns about epistemology, legal education, and authority. Finally, it outlines new scholarly directions for research on ijtihad. The topic of ijtihad has occupied researchers of Islamic law for decades if not centuries. Moreover, polemicists and reformists in more popular venues invoke it to question the relevance and ongoing significance of Islamic law in the world today. This essay will canvass a range of issues pertaining to the historiography of ijtihad. It will start by addressing the highly fraught concept of the " gates of ijtihad " and the debates about whether the " gates " were ever closed, what " closure " implies about Islamic law, and how calls for its " reopening " seem to reflect less about the study of Islamic law and more about the conditions of modernity that pose new questions to a tradition with a considerable history. Thereafter, the essay will explore the scholarship on ijtihad as a topic of legal theory in the usul al-fiqh genre, and the intersection of that discussion with contemporary issues in legal philosophy and interpretation. The essay will then turn to the discourse of ijtihad in the modern period, and its significance as a proxy for

The place of ijtihad in Islamic law and the necessary conditions to be qualified a mujtahid

This paper discusses the place of ijtihad in Islamic law as well as the requirements to be a mujtahid. The historical decline of ijtihad, the concept of taqlid and the recent trend of ‘group ijtihad’ will also be explored. Ijtihad will be shown to be a dynamic legal tool which can ensure that the intents and purposes of sacred law remains relevant to all times and places.

Al-Maqqahid Al-Shari'Ah Philosophical Aspects and Its Relevance to Contemporary Ijtihad

International Journal of Social Science

This study aims to describe maqashid al-Syariah in terms of the philosophical aspects of maqashid al-Syariah, the relevance of maqashid al-Syariah with contemporary ijtihad. This research uses descriptive qualitative. Data were collected through interviews, observation, and documentation. This study uses data analysis techniques, which consist of stages of data collection, data reduction, data presentation, and drawing conclusions. The results of the research on the relevance of maqashid al-Shariah with contemporary ijtihad show the philosophy of maqashid al-Syariah. Contemporary ijtihad also tries to see significant changes in Islamic law from time to time, namely changes from the family aspect, women's aspect, and worship aspect. In an effort to develop Islamic legal thought, especially in providing understanding and clarity on various contemporary legal issues, mujtahids need to know the purpose of Islamic law. In addition, the purpose of the law needs to be known in order to...