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

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

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Galadari, Abdulla. "Ijtihād Holds Supremacy in Islamic Law: Muslim Communities and the Evolution of Law." Religions 13, no. 4 (April 15, 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 considered similar to some constitutions, against which laws are measured. Hence, in modern-day Islamic legal discourse, it would not be unreasonable to argue that “ijtihād” has supremacy in Islamic law, giving some flexibility to Muslim communities in the evolution of such laws.
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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 (February 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 theoretical characteristics and a methodological framework for collective ijtihād. Furthermore, this article describes positions taken by Muslim scholars concerning the legitimacy and the probative value (ḥujjiyya) of collective ijtihād.
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Nakissa, Aria. "An Epistemic Shift in Islamic Law." Islamic Law and Society 21, no. 3 (June 27, 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 with respect to ijtihād and taqlīd. I use these observations to urge a rethinking of the perspectives on ijtihād and taqlīd that currently structure Western research on Islamic legal history.
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Hussain, Mubasher. "The Continuation of Ijtihād." ISLAMIC STUDIES 60, no. 1 (March 31, 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 whether he advocated for an independent ijtihād after the eponyms of the law schools or not. This study attempts, analyzing Walī Allāh’s views on the juristic typology maintained by Sunnī jurists, to show how Walī Allāh argued for the continuity of ijtihād, both partial and independent, throughout the history of Islamic law. The author concludes that Walī Allāh believed not only in the possibility of absolute ijtihād (al-ijtihād al-muṭlaq) or ijtihād through legal theory (fī ’l-uṣūl) and positive law (wa ’l-furū‘), after the eponyms of the juristic schools, but also in the existence of such absolute jurists throughout Islamic centuries.
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Sa’dan, Saifuddin, Husni Mubarrak, Hamdiah Hamdiah, and 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, no. 1 (February 2, 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 ijtihād istiṣlāhiy. This article presents the results of a qualitative research using a bibliographical study as the method. This article attempts to present an academic discussion regarding the flexibility of ijtihād istiṣlāhiy, its limits as well as its dhawābith in answering contemporary Islamic law issues by examining the side of the establishment of the Covid-19 fatwas law in Indonesia in this recent period. The results of the study show that the fatwas regarding Covid-19 in Indonesia is based on the principle of benefit (maṣlahah) reached through the ijtihād istiṣlāhiy method.
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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 elements, but instead lacks a single voice not only in practice but also in its theoretical bases among Muslim nations. We cannot therefore speak of 'an' Islamic criminal law nor can Muslims continue to ignore the beneficial role of ijtihād that should be utilised at least as a forum for discussion about bridging classic Islamic criminal law with contemporary Muslim needs. Many contemporary issues in Islamic criminal law are evidently based on prejudice, culture and less on a coherent understanding of Islamic theology itself. Islam possesses a plethora of outstanding legal scholars that should be allowed to contribute to an ijtihādī scholarly 'revolution'.
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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) are valid in that they each follow the principles and processes of forming opinions within Shariʿah law (ijtihād) which will be elucidated in this article. From reading this article, one can also derive how Shariʿah law is actually flexible and open to progression in all times, whereas common intellectual stereotypes and partial understanding of the text often negates this.
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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 (November 30, 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 interviewed MUI members to gain deeper information. Theoretically, the contemporary ijmā’ process can be pursued by an independent forum to conduct studies until a consensus is obtained from the majority of the participants. The panel must involve all religious elements in a representative manner. The practice of establishing Islamic law carried out by MUI’s Fatwa Commission of Lampung Province is in accordance with the concept of ijtihād jamā’iy in the science of uṣūl fiqh. This analysis is important so that people have a high level of compliance after knowing that the MUI Lampung fatwa is ijma, which in fact is one of the sources of Islamic law.
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Khalifah, Nur, and Miftakhul Rohman. "METODOLOGI Metodologi Istinbath Hukum Imam Asy-Syafi’i." SINDA: Comprehensive Journal of Islamic Social Studies 2, no. 2 (August 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. Understanding the correct methodology and applying it appropriately will be able to produce the legal provisions sought in the ijtihād process itself. In this article, we will discuss more specifically about one of the great madhhab imams, namely Al-Imam Muhammad bin Idris Asy-Syafi'i rahimahullahu or Imam Shafi'i. The main issues that will be discussed in this article are about the legal basis used by Imam Syafi'i in determining Islamic law and the development of Islamic law or the Shafi'i school. In addition to also reviewing the methodological framework, to deliver him as an absolute mujtahid, the founder of the basic methodology in Islam. Imam al-Syafi'i's ijtihād methods contained in the book of al-Risālah include: Returning all matters to the Qur'ān, hadith, ijmā', the words of friends (al-Āṡār) and qiyās, issuing laws by looking at the substance of a argument, issuing the law by looking at its 'illat and lowering the argument only on things that are visible, as for the essence, then return to Allah swt. Imam Ash-Shafi'i argues that the main basis in establishing the law is the Qur'an and the Sunnah. If not, then by relying on the Qur'an and Sunnah. If the chain of hadith is continued until the Messenger of Allah and the sanad is authentic, then that is what is desired. Ijma as a proof is stronger than khabar ahad. If a hadith contains more than one meaning, then the meaning that is dzahir is the main one. If the hadiths are of the same level, then the one that is more authentic is more important.
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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 (October 3, 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). By using judicial ijtihād, Pakistani judges continue to play a key role in reforming classical Islamic family law with changing circumstances.
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Dissertations / Theses on the topic "Ijtihād (Islamic law)"

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Alfaghi, Latifa. "The application of Quranic legal verses in contemporary times : Ijtihad in practice." Thesis, University of Wales Trinity Saint David, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.683071.

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Noor, W. S. W. M. "A study of the development of reformist ijtihad and some of its applications in the twentieth century." Thesis, University of Edinburgh, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384210.

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Tabatabaei, Lotfi Esmat al-Sadat. "Ijtihad in Twelver Shi-ism : the interpretation and application of Islamic law in the context of changing Muslim society." Thesis, University of Leeds, 1999. http://etheses.whiterose.ac.uk/415/.

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The purpose of the thesis is to investigate whether Islamic laws, without relaxing the nature of the Shari 'a, could be expanded and adapted to meet the changing needs of modem Muslim societies. The focus is on the Shi'ites' approach to the law with special reference to the debates in Iran following Imam Khomeini's emphasis on the "role of the time and place in Utihad". The thesis suggests that scientific knowledge in different areas should play a role in jtihad beside the judgements of those possessing the accomplishments necessary to be a qualified mujtahid. The first three of the seven chapters are designed to provide a general overview of Shi 'i law, the concept of tihad and its development and also the sources and the methodology of tihad (usul al-fiqh) among the Shi'ite 'ulama. The fourth chapter discusses the relation between Utihad and the comprehensiveness of the Shari'a, and examines the different theories introduced by both traditional 'ulama and Muslim modernists in adapting Islamic law to the requirements of the modern age. The fifth chapter focuses on the "role of the time and place" in tihad, and the ways and principles through which changes in the law may be justified. In investigating the stages through which a mujtahid may find out the rulings of the Shari 'a on a particular subject, some new and controversial issues including insurance policies, Islamic banking, human dissection, organ donation, and woman's right to judge and to be followed are discussed briefly in the sixth chapter. By studying and examining in detail the rulings of the Shari'a, as extracted by some leading fuqaha, on the new reproductive technologies, artificial insemination, in vitro fertilisation and human cloning, it is shown how scientific knowledge can affect the procedure of jjtihad. Overall it is concluded that participation of the fuqaha in regulating the law and giving practical instruction regarding different problems requires the authorisation of division in ijtihad and cooperation between mujtahidun and scientific authorities on various subjects. It is by recognising these necessities and considering the conditions of the time that they may be able to bring Islamic law successfully into harmony with the requirements of modern life.
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Draper, Thomas J. "Ibn Taymiyyah : the struggles of a mujtahid under the Bahri Mamluk sultans." 2013. http://liblink.bsu.edu/uhtbin/catkey/1709519.

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This study examined the context of the Medieval Islamic qadi Ibn Taymiyyah in 14th century Bahri Mamluk Syria and Egypt and his incarcerations and death in prison by order of Sultan Nasser al-Muhammad Qalawun for ijtihad. This study demonstrated Ibn Taymiyyah practiced ijtihad, held the rank of mujtahid, and incurred the wrath of the Sultan. The evidence indicates that Taymiyyah’s independent reasoning held specific social, legal, and political threats to Qalawun, the Bahri Mamluk Sultan, during his third reign. The significant role Taymiyyah’s ijtihad played in the Sultan’s imprisonment calls for a review of previous scholarship emphasizing the role of jealousy by the religious elite and affection for Taymiyyah by the Sultan as significant factors in his conflicts.
Department of History
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Riza, Achmad Kemal. "Continuity and Change in Islamic Law in Indonesia: The case of Nahdlatul Ulama bahtsul masail in East Java." Master's thesis, 2004. http://hdl.handle.net/1885/49424.

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Acknowledgements aren't included in digital version. Page numbering differs from original due to different width of pages.
The fatwa (pl. fatawa) or non-binding legal opinion is an important institution in Islamic thought. In relation to the shari‘ah (the body of Islamic law), fatwa has been the agent for relating the teaching of shari‘ah to 'the concrete world of human affairs' (Masud, Brinkley, and Messick, 1996:3). It is a medium to understand social change (Hooker, 2003) and a source of Islamic legal and social history (Powers, 1990) of Muslim community. For this reason, fatwa, along with qada’ (Islamic court’s decision) institution, is an important agent of Shari'ah application. In Islamic legal scholarship (fiqh), as some have argues (Schacht, 1964: 74-5 and Hallaq, 1994:), fatwa has been instrumental in the development of furu‘ al-fiqh (theoretical aspect of substantive law) as well as usul al-fiqh (legal methodology of Islamic law) in Islam. The mufti can be seen as the agent of legal change as well (Hallaq, 2001:174). Many fatawa of prominent muftis (jurist-consult) are incorporated into the substantive law of certain madhhab (school of law) and many muftis are prominent jurist-authors affiliated to schools of law (Hallaq, 1994:30-1, and 2001:). Therefore, the interplay between fatwa, fiqh and madhhab is inherent to the theoretical aspect of shari’ah and its practical application...
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Ahmed, Shoayb. "The development of Islamic jurisprudence (fiqh) and reasons for juristic disagreements among schools of law." Diss., 2005. http://hdl.handle.net/10500/1520.

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Islamic Jurisprudence comprises of the laws that govern a Muslims daily life. The Prophet Muhammad explained and practically demonstrated these laws. The jurists studied the Quran and the Prophet's life and they adopted a refined methodology which they used to extract legal rulings and verdicts. This methodology is known as the Principles of Jurisprudence. The jurists expanded on this methodology with some differences among them on the usage and the application of some aspects as acceptable forms of evidence. Eventually, the Muslim world was left with four schools of jurisprudence that are present to this day. There are differences between these schools on some issues but these differences never caused conflict, instead it provided us with a wealth of knowledge. We need to study these schools and its principles together with the objectives and intent of the Shariah and utilize this to find solutions to all new issues that arise.
Religious Studies and Arabic
M. A. (Islamic Studies)
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Gamieldien, Mogamad Faaik. "An annotated translation of the manuscript Irshad Al-MuqallidinʾInda Ikhtilaf Al-Mujtahidin (Advice to the laity when the juristconsults differ) by Abu Muhammad Al-Shaykh Sidiya Baba Ibn Al-Shaykh Al-Shinqiti Al-Itisha- I (D. 1921/1342) and a synopsis and commentary of its dominant themes." Thesis, 2018. http://hdl.handle.net/10500/25753.

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Text in English and Arabic
In pre-colonial Africa, the Southwestern Sahara which includes Mauritania, Mali and Senegal belonged to what was then referred to as the Sudan and extended from the Atlantic seaboard to the Red Sea. The advent of Islam and the Arabic language to West Africa in the 11th century heralded an intellectual marathon whose literary output still fascinates us today. At a time when Europe was emerging from the dark ages and Africa was for most Europeans a terra incognita, indigenous African scholars were composing treatises as diverse as mathematics, agriculture and the Islamic sciences. A twentieth century Mauritanian, Arabic monograph, Irshād al- Muqallidīn ʿinda ikhtilāf al-Mujtahidīn1, written circa 1910/1332, by a yet unknown Mauritanian jurist of the Mālikī School, Bāba bin al-Shaykh Sīdī al- Shinqīṭī al-Ntishā-ī (d.1920/1342), a member of the muchacclaimed Shinqīṭī fraternity of scholars, is a fine example of African literary accomplishment. This manuscript hereinafter referred to as the Irshād, is written within the legal framework of Islamic jurisprudence (usūl al-fiqh). A science that relies for the most part on the intellectual and interpretive competence of the independent jurist, or mujtahid, in the application of the methodologies employed in the extraction of legal norms from the primary sources of the sharīʿah. The subject matter of the Irshād deals with the question of juristic differences. Juristic differences invariably arise when a mujtahid exercises his academic freedom to clarify or resolve conundrums in the law and to postulate legal norms. Other independent jurists (mujtahidūn) may posit different legal norms because of the exercise of their individual interpretive skills. These differences, when they are deemed juristically irreconcilable, are called ikhtilāfāt (pl. of ikhtilāf). The author of the Irshād explores a corollary of the ikhtilāf narrative and posits the hypothesis that there ought not to be ikhtilāf in the sharīʿah. The proposed research will comprise an annotated translation of the monograph followed by a synopsis and commentary on its dominant themes.
Religious Studies and Arabic
D. Litt. et Phil. (Islamic Studies)
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Books on the topic "Ijtihād (Islamic law)"

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Marāghī, Muḥammad Muṣṭafá. al- Ijtihād. [Cairo]: Majallat al-Azar,c1428 [2007], 2007.

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Amīnī, Muḥammad Taqī. Ijtihād. Karācī: Qadīmī Kutabk̲h̲ānah, 2002.

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Khayyāṭ, ʻAbd al-ʻAzīz ʻIzzat. Shurūṭ al-ijtihād. al-Qāhirah: Dār al-Salām, 1986.

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ʻAbd al-Qādir Muḥammad Abū al-ʻAlā. Buḥūth fī al-ijtihād. Shubrā Miṣr: Maṭbaʻat al-Amānah, 1987.

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Nadvī, Muḥammad Ḥanīf. Masʼalah-yi ijtihād. Naʼī Dihlī: Arīb Pablīkeshanz, 2008.

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Nadvī, Muḥammad Ḥanīf. Masʼalah-yi ijtihād. Naʼī Dihlī: Arīb Pablīkeshanz, 2008.

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Ismāʻīl, Shaʻbān Muḥammad. al- Ijtihād al-jamāʻī wa-dawr al-majāmiʻ al-fiqhīyah fī taṭbīqih. Bayrūt: Dār al-Bashāʾir al-Islāmīyah, 1998.

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T̤āhir, Manṣūrī Muḥammad, and International Islamic University (Islāmābād, Pakistan). Idārah-i Taḥqīqāt-i Islāmī., eds. Ijtimāʻī ijtihād: Taṣavvur, irtiqāʼ aur ʻamalī ṣūraten̲. Islāmābād: Idārah-i Taḥqīqāt-i Islāmī, Bainulaqvāmī Islāmī Yūnīvarsiṭi, 2007.

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Sharfuddīn, ʻAlī. Mauz̤ūʻāt-i mutanūʻah: Ijtihād, mutʻah, tavasul. [Karachi]: Dārus̲s̲aqāfatulislāmiyyah-i Pākistān, 2011.

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Baghdādī, Aḥmad al-Ḥasanī. Buḥūth fī al-ijtihād. Bayrūt: Dār al-Murtaḍā, 1994.

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Book chapters on the topic "Ijtihād (Islamic law)"

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Jackson, Sherman A. "Ijtihād and taqlīd." In Routledge Handbook of Islamic Law, 255–72. New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315753881-16.

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"Ijtihād as Law." In Islamic Law and Legal System, 3–32. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_005.

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Coulson, N. J. "Neo-IjtihĀd." In A History of Islamic Law, 202–17. Routledge, 2017. http://dx.doi.org/10.4324/9781315083506-15.

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"CHAPTER 14. NEO-IJTIHĀD." In A History of Islamic Law, 202–17. Edinburgh University Press, 2019. http://dx.doi.org/10.1515/9781474465892-016.

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"Ijtihād in the Saudi Courts." In Islamic Law and Legal System, 118–63. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_008.

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"For the Procession of Ijtihād." In Democracy, Human Rights and Law in Islamic Thought. I.B.Tauris, 2009. http://dx.doi.org/10.5040/9780755608379.ch-008.

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"Ijtihād as Law: Doctrines for Theory and Practice." In Islamic Law and Legal System, 33–82. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_006.

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"Early Ijtihād and the Later Construction of Authority." In The Formation of Islamic Law, 357–90. Routledge, 2016. http://dx.doi.org/10.4324/9781315239606-19.

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"Scope for Qāḍī Ijtihād: The Saudi System of Appeals." In Islamic Law and Legal System, 83–117. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_007.

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Baderin, Mashood A. "3. Theory, scope, and practice." In Islamic Law: A Very Short Introduction, 26–44. Oxford University Press, 2021. http://dx.doi.org/10.1093/actrade/9780199665594.003.0003.

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‘Theory, scope, and practice’ assesses the theoretical, substantive, and procedural aspects of Islamic law. The theoretical aspect engages with the jurisprudential rules relating to the sources, methods, principles, legal hermeneutics, and juristic methodologies of Islamic law. The substantive aspect deals with the scope of Islamic law, covering the textual provisions and juristic rulings on specific substantive issues. The procedural aspect deals with Islamic law in practice, covering its practical application as a functional legal system. Any examination of Islamic legal theory should consider the sources, methods, and principles of law and, in particular in this case, Islamic substantive law. Ijtihād is an important tool of independent juristic reasoning under Islamic legal theory.
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Conference papers on the topic "Ijtihād (Islamic law)"

1

Saiin, Asrizal, Abdul Kadir Jaelani, Muhammad Jihadul Hayat, Arifki Budia Warman, and Muhammad April. "Islamic Law in Indonesia: Baḥtsul Masāil Ijtihad and the Production of Knowledge." In International Conference on Environmental and Energy Policy (ICEEP 2021). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.211014.007.

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2

Keles, Ozcan. "PROMOTING HUMAN RIGHTS VALUES IN THE MUSLIM WORLD: THE CASE OF THE GÜLEN MOVEMENT." In Muslim World in Transition: Contributions of the Gülen Movement. Leeds Metropolitan University Press, 2007. http://dx.doi.org/10.55207/lfko6932.

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Abstract:
The premise of this paper is that human rights values are a persistent theme of Fethullah Gülen’s thought and tajdid and expressed by the Gülen movement through example. That tajdid is collectively constructed and communicated by allowing for adaptation and indigenisation in flexible response to different socio-cultural con- texts. What is more, Gülen’s views on democracy, pluralism, human rights and free- dom of belief directly promote human rights values and norms. The paper argues that the Muslim world is very important to Gülen’s overall aspiration for an inclusive civilisation and thus the movement is now active in most parts of that world. In time, as in Turkey, Gülen’s ideas will enable and empower the periphery in Muslim socie- ties to influence the centre ground and open the way for wider enjoyment of freedom and human rights. The paper is in three sections. The first looks at the underlying dynamics of Gülen’s influence and the nature of his tajdid, to assess whether his influence is transferable elsewhere. The second appraises the content of Gülen’s tajdid arguing that human rights values are an inherent theme of his discourse on Islam. Here, the paper analy- ses Gülen’s views on Anatolian Muslimness, democracy and politics, human rights and freedom of belief, illustrating Gülen’s incremental ijtihad on temporal punish- ment for apostasy in Islamic law. The third part traces the movement’s activities in the Muslim world, arguing that the movement has now entered a phase of adoles- cence, and asks whether Gulen’s tajdid and discourse, through the practice of the movement, can indeed promote human rights values in this world.
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