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...
Read More »The Role of Reason and Syllogism in Ijtihad
Some schools of fiqh which supported qiyas, especially the Hanafi school, believed in the role of reason in ijtihad....
Read More »Ijtihad, Intellectual and Legislative Development
Muslims do not believe in the conciliatory Ijtihad that sets out to justify the legal reality of many cases of deviation.
Read More »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...
Read More »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, …
Read More »From Taqlīd ʻIlm al-Rijāl to Ijtihād ʻIlm al-Rijāl
What follows is a translation of some of the conclusions reached by Sheikh Haider Hobbollah in his Rijāli discussions(منطق النقد السندي 1: 368 ـ 273) whereby he discusses the obstacles in reaching intellectually sounds conclusions in this field and...
Read More »Was Muḥammad Amīn al-Astarabādī a Mujtahid?
Since the turn of the twentieth century, the main biographical sources and studies dealing with the life and thought of Muḥammad Amīn al-Astarabādī (d. 1036/1626-7) have upheld the view that he....
Read More »Ayatollah Muhammad Baqir Sadr, A Sign of Jihad & Ijtihad
Martyr Ayatollah Muhammad Baqir al-Sadr was a notable Shia cleric, philosopher, and ideological founder of the Iraq Islamic Dawa Party
Read More »Ijtihad, Fatwa, and Culture; Study Of Uṣūl al-Fiqh on Islamic Law Elasticity
Islam as a religion has a law discussion device that gives the scholars of Islamic law an independence to create and find exact solution for any facing...
Read More »Shi’ism Revisited: Ijtihad and Reformation in Contemporary Times
Shi'ism Revisited moves beyond theoretical questions of reformation to address specific ways that Islamic law is being revisited by jurists....
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