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Relevant bibliographies by topics / Ijtihād (Islamic law)

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Academic literature on the topic 'Ijtihād (Islamic law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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Journal articles on the topic "Ijtihād (Islamic law)"

1

Galadari, Abdulla. "Ijtihād Holds Supremacy in Islamic Law: Muslim Communities and the Evolution of Law." Religions 13, no. 4 (2022): 369. http://dx.doi.org/10.3390/rel13040369.

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While the traditional view of Islamic law (sharīʿah) and jurisprudence is to consider the Qur’an as the starting point for legal matters, followed by the prophetic tradition, and then resorting to various forms of “ijtihād”, it is argued here that the Qur’an was not really held in a position of legal supremacy. Since the time of the earliest Muslim community, it is “ijtihād” that has created the criteria by which Qur’anic and even prophetic rules are to be kept, suspended, and contradicted. Therefore, the Qur’an is not viewed historically as having legal supremacy for Islamic law and is not co

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2

Makhlouf, Ahmed Gad. "Evolution of Islamic Law in the 20th Century: The Conception of Collective Ijtihād in the Debate Between Muslim Scholars." Oxford Journal of Law and Religion 9, no. 1 (2020): 157–78. http://dx.doi.org/10.1093/ojlr/rwaa019.

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Abstract In order to meet the demands of modern life and its complexities, Muslim scholars developed in the 20th century a new instrument of Islamic legal finding, namely al-ijtihād al-jamāʿī [collective independent legal reasoning (ijtihād)]. The latter serves at present as a basis for the technical work within various institutions of contemporary Islamic law, in particular the fiqh academies. This article examines collective ijtihād as a newly developed concept of modern Islamic Law. By focusing on discussions among contemporary Muslim scholars about this concept, I aim to outline certain th

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3

Nakissa, Aria. "An Epistemic Shift in Islamic Law." Islamic Law and Society 21, no. 3 (2014): 209–51. http://dx.doi.org/10.1163/15685195-00213p02.

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In this article, I combine textual research with ethnographic data collected at al-Azhar and Dār al-ʿUlūm to investigate how the modernization of traditional religious learning has transformed the character of Islamic legal doctrine. I argue that changes in educational techniques have produced a shift in “episteme”. Whereas traditional religious learning was dominated by language-based conceptions of knowledge, modern reforms have reoriented education towards new conceptions modeled on the natural sciences. This transformation has fundamentally altered patterns of legal reasoning, particularly

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4

Hussain, Mubasher. "The Continuation of Ijtihād." ISLAMIC STUDIES 60, no. 1 (2021): 31–51. http://dx.doi.org/10.52541/isiri.v60i1.1522.

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This article deals with legal thought of Shāh Walī Allāh, an outstanding religious thinker of eighteenth-century Muslim India, who emerged as one of the most prominent proponents of independent legal reasoning (ijtihād). According to Walī Allāh, ijtihād has always been a communal duty and thus it stipulates the existence of jurists capable of independent legal reasoning (mujtahids) in all ages. His thought-provoking response to the issues concerning ijtihād and taqlīd has led to a great deal of attention from scholars in both the East and the West. However, there remains the controversy of whe

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5

Sa’dan, Saifuddin, Husni Mubarrak, Hamdiah Hamdiah та Amir Muhammed Kafei Kjoor. "IMKĀNIYĀT AL-IJTIHĀD AL-ISTIṢLĀHĪ WA ISHĀMĀTUHU LI HALL AL-QADHĀYĀ AL-FIQHIYYAH AL-MU’ĀṢARAH: DIRĀSAT FĪ FATĀWĀ JĀ’IHAH COVID FĪ INDONESIA". Jurnal Ilmiah Islam Futura 24, № 1 (2024): 198. http://dx.doi.org/10.22373/jiif.v24i1.14967.

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This article would like to discuss one of the theories of ijtihād that is well-recognized in the science of ushūl fiqh, namely the theory of ijtihād istiṣlāhiy, in terms of its concept and its application to solve contemporary Islamic law by making the fatwas of the Covid-19 in Indonesia as the object of study. Even though a fatwa is a legal notification which is legal and unbinding, fatwa is certainly not produced from a vacuum, but has gone through a process of understanding the details of the proposed Islamic law issue and studying it using the appropriate ijtihād method, one of which is ij

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6

Bantekas, Ilias. "The Disunity of Islamic Criminal Law and the Modern Role of Ijtihād." International Criminal Law Review 9, no. 4 (2009): 651–65. http://dx.doi.org/10.1163/156753609x12487030862746.

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AbstractIslamic law, and criminal law in particular, have been closed since its heyday of legal scholarship to external influences and new theoretical arguments and constructs. This, it is argued, is due to the lack of enlightened and revered scholarship that will enhance Islamic law and which is currently unavailable. This situation is unlike early and classical Islam where legal argumentation flourished and Islamic scholarship was generally open to external currents and philosophical ideas. Despite these limitations Islamic criminal law has not coalesced to shield itself from foreign element

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7

Aljloud, Saad A. "Ijtihād and Ikhtilāf: Re-interpreting Islamic Principles in Contemporary Times." Arab Law Quarterly 28, no. 1 (2014): 85–98. http://dx.doi.org/10.1163/15730255-12341273.

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Abstract Islamic law has emerged from a range of highly religious treaties to highly practical methods, which have resulted in its practices established on a worldwide level. There are several interpretations of the Qurʾān and Sunnah, which in turn have led to differences in methodological practices and opinion. In relation to Islamic financial law, this article will investigate how each opinion derives and coincides with Shariʿah law in its own way, thoroughly explaining why differences (ikhtilāf) have occurred and exist. In the author’s opinion, differences in schools of thought (ikhtilāf) a

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8

Bahrudin, Moh, Tulus Suryanto, and Mohd Mizan Bin Mohammad Aslam. "The Implementation of Ijtihād Jamā'iy in MUI's Fatwa Commission." Walisongo: Jurnal Penelitian Sosial Keagamaan 28, no. 2 (2020): 125–44. http://dx.doi.org/10.21580/ws.28.2.6293.

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The Holy Quran and Sunnah contain universal values that require correct reasoning to be understood and applied by the Muslims. In this context, the scholars have been justified by Allah Almighty to undertake the ijtihād and ijmā’. This study aims to describe the ijtihād jamā’iy (collective ijtihād theory), as well as to analyze the implementation of ijtihād jamā’iy at MUI’s Fatwa Commission in Lampung. This study is a combination of literature and field research. The data were obtained through literature studies of books, articles, and journals in related issues. Besides, the authors also int

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9

Khalifah, Nur, and Miftakhul Rohman. "METODOLOGI Metodologi Istinbath Hukum Imam Asy-Syafi’i." SINDA: Comprehensive Journal of Islamic Social Studies 2, no. 2 (2022): 37–51. http://dx.doi.org/10.28926/sinda.v2i2.469.

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Ijtihād is a thought process to find out the law of a problem based on the most appropriate argument. Correct ijtihad will be able to provide answers to the problems at hand. The basis of true ijtihād is the ability to explore the arguments from the Qur'an and hadith and then process them using qualified tools, supported by correct and consistent methodologies. These three components with the addition of the most important factor, namely the straightness of intentions and an objective view, will undoubtedly be able to produce legal certainty for the problems that are often asked by mankind. Un

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10

Abbasi, Muhammad Zubair. "Judicial Ijtihād as a Tool for Legal Reform: Extending Women’s Right to Divorce under Islamic Law in Pakistan." Islamic Law and Society 24, no. 4 (2017): 384–411. http://dx.doi.org/10.1163/15685195-00244p04.

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In a series of judgments starting in 1959, Pakistani judges reformed Islamic family law by extending women’s right to no-fault based divorce (khulʿ). For this purpose, they directly interpreted the Qurʾān and Sunnah, and removed the requirement of the consent of a husband for judicial khulʿ. This article analyses the methods and the methodological tools that Pakistani judges used to justify the unilateral right of women to no-fault judicial divorce. The analysis shows that instead of following the opinions of classical jurists, Pakistani judges exercised independent legal reasoning (ijtihād).

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