THE ROLE OF IJTIHAD IN ADDRESSING CONTEMPORARY NEEDS OF THE MUSLIM SOCIETIES.docx

THE ROLE OF IJTIHAD IN ADDRESSING CONTEMPORARY NEEDS OF THE MUSLIM SOCIETIES.docx

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Declaration By submitting this assignment I am certifying that this is entirely my own work, except where I have given fully documented references to the work of others, and that the material contained in this assignment has not previously been submitted for assessment in any formal course of study. Subject: L.L.B. 2012 GPR 319 Subject Islamic LAW Lecturer: Attiya Waris Student Registration Number: G34/53371/2012. Assignment Topic: IJTIHAD AND ITS ROLE IN ADDRESSING THE CONTEMPORARY NEEDS OF MUSLIM SOCIETIES. Date Submitted: 15 TH JUNE 2015. Date Due Estimated Word/Page Length: 2114 words. 1 | P a g e
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THE ROLE OF IJTIHAD IN ADDRESSING CONTEMPORARY NEEDS OF THE MUSLIM SOCIETIES . Ijtihad can be defined as the capacity for making deductions in matters of law in cases to which no express text or rule already determined by Ijma (consensus) is applicable 1 . It therefore requires maximum effort to be expended by a jurist in order for him/her to master and apply the rules and principles of Usul Al-Fiqh for the sole purpose of discovering God’s law. The development of Ijtihad occurred prominently in the first century of Islam (Hijrah) in the seventh century and was closely associated with ra’y which refers to expedient and free reasoning in the sphere of the law 2 . The founder of the Shaffi school of thought; Imam Muhammad Ibris al Shafi was the first to make a clean break from ra’y and went on to adopt Ijtihad as a methodology in itself similar to the qiyas . Wherever the religious texts were unambiguous in their decree the Ijtihad by its regard was not required to act as God’s decree was clear. However in cases where the religious texts and hadiths were not applicable Ijtihad came in to resolve these issues. In end the fourth century [7 th century] of Islam the scholars of Islam from all schools all agreed that Islamic law had been elaborated in detail and therefore essential questions had all been thoroughly discussed and therefore settled 3 .this was the closing of the doors of Ijtihad 1 Rahim, A ,The Principles Of Muhammadan Jurisprudence According to Hanafi , Maliki, Shafi and Hanabli Schools, Madras [1911 P168-9;173] 2 Hallaq, Wael(2005),The Origin and Evolution of Islamic Law (Cambridge University Press) 3 Schacht, J. An Introduction of Islamic Law (Oxford The Clarendon Press, 1964), pp.69-71. 2 | P a g e
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(Insidad Bab Al-Ijtihad) and there was developed consensus that from that time onward the that no one met the necessary qualification to achieve the independent reasoning of law therefore ensuring that the interpretation laid out was final and amounted to the demand for Taklid. 4 However with the ever present changing society and society’s needs, issues are arising that the scholars of the past did not foresee. With the rise in modernization and the pressing western views on Islam many issues have been left out with no reference to be had from either the religious texts or hadiths independently. This has resulted in disparity in application of law to these emerging issues due to the widespread of Islam
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