Concept of ijtihad in islamic jurisprudence books

It also comprises methods for establishing authenticity of hadith and for determining when. Property, contracts, evidence, procedure, constitutional matters and issues of muslim personal law family law are dealt with efficiently. Fiqh literally means knowledge, and in islamic terminology it means the science of islamic laws. The article aims to show that the islamic system is reformable and that it can sustain reforms to it. The word derives from the arabic verbal root jahada struggle, the same root as that of jihad. Islamic jurisprudence is a basic subject for the students of islamic law. The principle of ijtihad in islam islamic books, islamic. Mujtahid means a person who does ijtihad or who is an expert of islamic laws. Ijtihad interpreting islamic principles islamicity. An introduction to collective ijtihad jama i concept and. 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. In islamic legislation ijtihad plays an important role and has central position in the whole process. Sharia islamic law is also subject to interpretation and to the everchanging needs. 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.

It is important to note that ijtihad is an accepted concept in islam. 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. 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. Kamali, mohammad hashim principles of islamic jurisprudence. Concept of ijtihad in islam ijtihad literally means to exert. The importance of learning the meaning of ijtihad pascal. Ijtihad the question of islamic jurisprudence and scientific thought. Sometimes ijtihad requires looking afresh at islam s primary sources, the quran and sunnah, and reinterpreting them according to new circumstances. Traditional theory of islamic jurisprudence elaborates how the scriptures should be interpreted from the standpoint of linguistics and rhetoric.

Various sources of islamic law are used by islamic jurisprudence to elucidate the sharia, the body of islamic law. Pdf ijtihadthe question of islamic jurisprudence and scientific. The concept of ijtihad in accordance to shii islam the concept of ijtihad in accordance to shii islam by. Ijtihad is an islamic legal term referring to independent reasoning or the. 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.

A critical analysis of the role of ijtihad in legal. 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. Ijtihad is mainly associated with the usuli shia muslim jafari school of jurisprudence. Concept of ijtihad according to faruki, the concept of ijtihad defines as, systematic reasoning and disciplined striving. 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. This book concludes laws on cleanliness, prayers, fasting, hajj, transactions, marriage, and other topics according to the islamic law of ayatollah abul qasim alkhui. Shia concept of ijtihad hinges on this science that determines and. In general mujtahids must have an extensive knowledge of arabic, the quran, the sunnah, and legal theory usul alfiqh.

Each had a distinct function to perform in the development of islamic law. Principles of islamic jurisprudence, also known as u. The concept of ijtihad in the history of islamic jurisprudence. 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. The role of sunnah in islamic jurisprudence theology religion essay. This circumstance helps to explain why so much of sharia islamic law is customary urf. The quran is the holy scripture of islam, believed by muslims to be the direct and unaltered word of allah.

The algorithm of islamic jurisprudence fiqh with validation. Pdf ijtihad as a source of law islamic jurisprudence. In the islamic terminology it means to exert with a view to form an independent judgement on a legal question. In islamic legislation, ijtihad plays an important role and has central position in the whole process. Pdf ijtihadthe question of islamic jurisprudence and. Pdf ijtihad as a source of law islamic jurisprudence azeem mian. In islamic jurisprudence ijtihad means the effort made by the mujtahid in seeking knowledge of the ahkam rules of the shariaah. A person who applied ijtihad was called a mujtahid, and traditionally had to be a scholar of islamic law or alim. The bulk of outlines of islamic jurisprudence, however, summarizes the entire law of islam presenting it in a concise yet effective way. These notes and extensions provided a source for his later book laws. Ijtihad reinterpreting islamic principles for the twentyfirst. Over the centuries, these have been formulated and elaborated upon by successive generations of learned jurists.

Muslims in india are governed by their personal law. The opposite of ijtihad is taqlid, arabic for imitation. The meaning of ijtihad technical meaning of ijtihad. 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. 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.

To the students of law, a study of this is a sine qua non as it. The present book includes some of the topics covered in that book. Ijtihad, the dynamic principal of islamic law, helps to keep law ever fresh and capable of facing the challenges of new places and times. A concise summary of the evolution of islamic law sharia. Samir alhaidari introduction muslims around the world believe that islam is the seal of all religions, bringing a complete and perfect message. Historically, ijtihad was most commonly defined as the jurists. 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. It has its origin in the wellknown verse of the qur an and to those who exert we show our path. The methodology of ijtihad nyazee the methodology of ijtihad by. 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. Secular and sacral concepts and practices in interaction. The hanafis have upheld the first of the two meanings and have ruled on the prohibition of marriage to ones illegitimate daughter. It is remarkable for its simplicity and practicability.

Here, introduction to islamic jurisprudence, historical development and various school of thoughts are provided for general comprehension of the subject. Koran is primarily a book of religious and moral principles and exhortation, and is not. Ibn abi dharah, quoting almawarid, states that the literal meaning of ijtihad is to. The jurists are in disagreement as to which of these meanings should be read into the text. 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. 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. 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. 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. Siddiqi, a member of the fiqh islamic law council of north america who. Define and dicuss ijtihad as a source of islamic law. The literal and figurative definition of jurispudence. 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. Ijtihad reinterpreting islamic principles for the twenty. Importance of ijtihad in islamic law the law study.

Introduction the basics of islamic jurisprudence al. The course will examine texts, history and current issues in islamic law and its enforcement. 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. There is no way out of this predicament without renewing the concept of ijtihad and using the process to develop modern. 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. The role of sunnah in islamic jurisprudence theology. No one, not even most orthodox alim, can deny its legitimacy. The view did not do justice to islamic jurisprudence for it overlooked the rich diversity found in the islamic legl system. Maqasid alshariah as philosophy of islamic law the international institute of islamic thought london washington jasser auda a systems approach philosophy final biddles. The main main purpose of the book was to counter the rather simplistic view of the discipline of usul alfiqh that it represents a single uniform theory, called the. Hallaq 1995 offers a strong introduction to the history of the concept, while brown 2004 and weiss 1978 trace the judicialinterpretive ijtihadic process familiar to premodern muslim scholars.

The primary sources, accepted universally by all muslims, are the quran and sunnah. The islamic concept of submission is more powerful in that it subordinates human will to the will and law. The system of ijtihad an introduction to the islamic. The issue of disagreement with the ijtihad of four imams 35 the ijtihad undertaken by the four imams is of two types. Risala 6 was the first book to be written on the principles of islamic jurisprudence. It is the effort made by the muhtahid in seeking knowledge of the ahkam rules of the shariah through interpretation. 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.