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During the early period, ijtihad referred to the exertion of mental energy to arrive at a legal opinion (ra'y) on the basis of the knowledge of the Divine Revelation. [14] Jurists used Ijtihad to help reach legal rulings, in cases where the Qur'an and Sunna did not provide clear direction for certain decisions. It was the duty of the educated ...
In Islam, the Quran is considered to be the most sacred source of law. [6] Classical jurists held its textual integrity to be beyond doubt on account of it having been handed down by many people in each generation, which is known as "recurrence" or "concurrent transmission" ( tawātur ).
The faqih who fulfills all conditions of ijtihad is sometimes referred to as a Mujtahid Mutlaq or Unrestricted Jurist-Scholar, while one who has not reached that level generally will have mastered the methodology (usul) used by one or more of the prominent madhhab and will be able to apply this methodology to arrive at the traditional legal ...
Fiqh (/ f iː k /; [1] Arabic: فقه) is Islamic jurisprudence. [2] Fiqh is often described as the style of human understanding and practices of the sharia; [3] that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions).
Sarakhsi points out that some jurists have criticised Istihsan on the grounds that the analogy is being given up for personal opinion, something prohibited in Islam. He refutes this understanding as incomprehensible, as no jurist would give up an authority for something that lacked evidence.
Ijtihad lit. ' physical ' or ' mental effort ' [ 120 ] refers to independent reasoning by an expert in Islamic law , [ 121 ] or exertion of a jurist's mentality in finding a solution to a legal question [ 120 ] in contrast with taqlid ( conformity to precedent ijtihad).
Istiṣḥāb (Arabic: استصحاب transl. continuity) is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. [1] It is derived from an Arabic word suhbah meaning accompany. [2]
Ijma' (Arabic: إجماع, romanized: ijmāʿ, lit. 'consensus', IPA: [ʔid͡ʒ.maːʕ]) is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law.