Kuwait-University-Journal-of-Law-header
Search
Journal of Law

Previous Issues

Advance Search
Year : From To Vol
Issue Discipline:
Author

Volume :17 Issue : 50 2002      Add To Cart                                                                    Download

Al Ijtihad conditions between theory and contemporary application

Auther : Dr. Abd Al Muaz Abd Al Aziz Horiez

Al Ijtihad conditions between theory and contemporary application

Dr. Abd Al Muaz Abd Al Aziz Horiez

Assistant Professor in Sharya Faculty Jordanian University

* The technical meaning of Ijtihad is based on the lexical meaning in manner of exerting immense efforts in hard and assiduous tasks. Ijtihad within its technical meaning depends on jurisprudence talent and the great effort by the mujtahid to conclude Shariya practical rules.

* Ijtihad is placed in the highest rank in our Shariya, whereas he acts in place of the Prophet may peace upon him in manifesting rules for believers. So it was necessary to have a high status in sciences and behavior.

* The classification of mujtahid to ranks is the outcome of scholars effort as a result to inductive study of the scholars jurisprudence role and their scientific rank.

* Ijtihad (jurisprudence) has three classes: Independent, Absolute, Associated, those whose work can be described as jurisprudence. As for the rest classes, they haven’t any role in jurisprudence, so using the term jurisprudence with them is a matter of exceeding.

* Ijtihad partition: Means that Ijtihad is confined in certain topics are limited issues, its special Ijtihad for it is connected with certain parties of fiqh call partial Ijtihad, the mujtahid is called partial mujtahid.

* The saying of partition possibility is the majority of scholars opinion. They only have difference in the details. Some of them validated it in general, while other validated it only in the issue of inheriting in particular. The potential opinion that it is validated in any of fiqh issues.

* The image of practical partition : Means that Ijtihad requires three conditions:

1. General condition qualify the mujtahid to contemplate in every evidence and this is undivided impartial.

2. The evidence of the specified issue and this can be parting, namely the person should be acknowledge with evidences of certain issue than others. Or he should have knowledge all the issues evidences.

3. Fiqh talent related with all Fiqh’s issues this talent can be divided, namely the individual should have gained Fiqh talent relevant to certain issue, or with all issues, the reason is that this talent is formed – gradually-with frequent contemplation in one issue, or in all issues

* Although all the claims to prohibit Ijtihad, it did not stop, its image after recording schools of fiqh was generally within the associated Ijtihad or associated to a certain Imam.

* The bases of Ijtihad follow it by mujtahid Imam – from the followers and their ancestors – forming the group of bases on which fiqh was deduced the recording was involving overall these rules.

* The most reason mujtahid doctrine unlike the recorded rules of the ancestors is unavailable, but it is probable that mujtahid can adopt the potential opinion from rules and origins, consequently we will have new mujtahid doctrine. Concerning the right rules as considered by the mujtahid they can carry the name of the predominated independent mujtahid in this class.

* The acquiring of Ijtihad sciences is now easier than before, however there is still group of encumbers stand in this way, the most important of them are:

- Education targets and its contemporarily.

- Studying courses and subjects terms.

- Contemporary social and political life.

* The existed image of -now a days- depend on the sole efforts of some Fiqh pro

Journal of Law
Journal of Law

You are Visitor No.

81326

Journal of Law
Journal of Law
Tell your friendsJournal of Law
Journal of Law

Last Updated

Nov 04, 2019

Journal of Law
Journal of Law
Journal of Law

Please enter your email Here to receive our news

Journal of Law