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Ijtihad (/ ˌ ɪ dʒ t ə ˈ h ɑː d / IJ-tə-HAHD; [1] Arabic: اجتهاد ijtihād [ʔidʒ.tihaːd], lit. ' physical effort ' or ' mental effort ') [2] is an Islamic legal term referring to independent reasoning by an expert in Islamic law, [3] or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. [2]
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 ...
It is one of the principles of legal thought underlying scholarly interpretation or ijtihad. A number of disputes existed amongst the classical jurists over this principle with the Hanafi school of jurisprudence and its jurists ( fuqahah ) adopting this as a secondary source.
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.
A jurist who is qualified to practice ijtihad is known as a mujtahid. [12] The use of independent reasoning to arrive at a ruling is contrasted with taqlīd (imitation), which refers to following the rulings of a mujtahid. [12]
Ibn Ashur called for ijtihad in the strongest terms. He said, "Ijtihad is a collective duty (fard al-kifayah) on the community according to the measure of need in the community's countries and situations." He chastised the Muslims for neglecting ijtihad despite the fact that the capacity and means are available.
The consensus against ijtihad and in favor of taqlid lasted until the eighteenth and nineteenth centuries when Ijtihad was resurrected. [12] In the 15th and 16th centuries C.E., according to Mehram Kamrava, Islam's "conservative default" and opposition to innovation and the institutions they depended on, started to became a serious handicap.
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]