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Tag Archives: Ijtihad

The Beginnings of Shīʻī Ijtihad

After the demise of the Prophet (S) in the year 11/632, the need for ijtihad was felt acutely by the Sunnis, for they thought that the continuity of Divine guidance in the form of authoritative texts (nass) had ceased with his (S) demise and the only means of deter­mining the Divine laws that remained was to search for them in the Book of God and the statements and acts of the...

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Islamic Shari’a Law, Neotraditionalist Muslim Scholars and Transgender Sex-Reassignment Surgery: A Case Study of Ayatollah Khomeini’s and Sheikh al-Tantawi’s Fatwas

By studying the fatwas, the paper analyzes the main juridical reasons behind the fatwas of Khomeini and Al-Tantawi, who might be called neotraditionalists, and the issuance of such progressive fatwas through their classical methodology of...

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Usul al-Fiqh and Ijtihad in Shi‘ism

This study demonstrates that in the thirteenth and fourteenth centuries, Shi‘i scholars elaborated and developed a specific Shi‘i theory of ijtihad. This chapter traces the genesis and development of both ijtihad (reasoning) and usul al-fiqh (legal theory) in Shi‘i intellectual history. It argues that the concern for knowledge and certitude, …

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