Principles of Islamic Jurisprudence by MH kamali

The mujtahid is given no recognised status nor is he

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Unformatted text preview: e past is no longer suitable to modern conditions. The revival of ijtihad in our times would necessitate efforts which the government must undertake. Since education is the business and responsibility of modern governments, it should be possible to provide the necessary education and training that a mujtahid would need to possess, and to make attainment to this rank dependent on special qualifications. Al-Tamawi further recommends the setting up of a council of qualified mujtahids to advise in the preparation and approval of statutory law so as to ensure its harmony with Shari'ah principles. [95. Tamawi, Al-Sulutat, p. 307.] Principles of Islamic Jurisprudence ~ Kamali 337 [94. This is, of course, not to say that the traditional forms of learning in the Shari`ah disciplines, or of the practice of ijtihad, are obsolete. On the contrary, the contribution that the ulema and scholars can make, in their individual capacities, to the incessant search for better solutions and more refined alternatives should never be underestimated. It is further hoped that, for its part, government will also play a positive role in preserving the best heritage of the traditional modes of learning, and encourage the ulema to enhance their contribution to law and development. The universities and legal professions in many Islamic countries are currently committed to the training of lawyers and barristers in the modern law stream. To initiate a comprehensive and well-defined programme of education for prospective mujtahids, which would combine training in both the traditional and modern legal disciplines, would not seem to be beyond the combined capabilities of universities and legal professions possessed of long-standing experience in Islamic legal education. Furthermore, in a Shari'ah-oriented government it would seem desirable that the range of selection to senior advisory, educational and judicial posts would include the qualified mujtahidun. This would hopefully provide the basis for healthy competition and incentives for high performance among the candidates, and help to create a definite role for them in the various spheres of government. Principles of Islamic Jurisprudence ~ Kamali 338...
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