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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]
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]
A Mujtahid Muqayyad must pass rulings according to the confines of his particular madhhab (school of jurisprudence), or particular area of specialization. [6] This is according to the view that ijtihad or the ability of legal deduction can be achieved in specified areas, and does not require a holistic grasp of the Shariah and its entailing ...
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.
In Shia Islam, taqlid "denotes the following or "imitating" of the dictates of a mujtahid". [10] Following the greater occultation ( al-ghaybatu 'l-kubra ) in 941 CE (329 AH), the Twelver Shia are obliged to observe taqlid in their religious jurisprudential affairs by following the teachings of a thinker ( mujtahid ) or jurist ( faqih ). [ 11 ]
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.
The second of them, Abu Abdullah al-Sharif al-Tilmisani (d. 771H/1369CE), was regarded by his contemporaries as "The Most Knowledgeable Man" and had acquired the status of mujtahid. One of his greatest works in Usul al-Fiqh is Miftah al-Usul ila Bina al-Furu' 'ala al-Usul, or The Key to Building the Branches on the Roots of Islamic Jurisprudence.
Sefati achieved the highest jurisprudence degree (Ijtihad), an accomplishment made only by a small number of women. Her Ijtihad degree was approved by several ayatollahs, including Ayatollahs Ali Yari Gharavi-Tabrizi (a student of Ayatollah Naeini), Safi Gulpaygani , Fazel Lankarani , and Mohammad Hassan Ahmadi Faqih .