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Ijtihad (Independent Reasoning in Islamic Law): Difference between revisions
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Ijtihad (Independent Reasoning in Islamic Law) (view source)
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By the 13th century, however, it is said that the "gates of Ijtihad" were closed. This was, of course, not a concrete development, but rather the general feeling that, since legal theory and judgements (''[[Fiqh#Ahkam|ahkam]]'') regarding all (at the time) plausible legal scenarios had been charted by the four madhabs, there was no substantially new work needing to be done. Moreover, in a manner of golden-age thinking (the centuries prior to the 13th century are often referred to as "the golden age of Islamic law"), subsequent Islamic scholars began to develop a special reverence for the prolific scholars of these earlier centuries, and started to feel as though their contemporaries lacked the competence and broad authority required to issue new judgements that disagreed with their predecessors. | By the 13th century, however, it is said that the "gates of Ijtihad" were closed. This was, of course, not a concrete development, but rather the general feeling that, since legal theory and judgements (''[[Fiqh#Ahkam|ahkam]]'') regarding all (at the time) plausible legal scenarios had been charted by the four madhabs, there was no substantially new work needing to be done. Moreover, in a manner of golden-age thinking (the centuries prior to the 13th century are often referred to as "the golden age of Islamic law"), subsequent Islamic scholars began to develop a special reverence for the prolific scholars of these earlier centuries, and started to feel as though their contemporaries lacked the competence and broad authority required to issue new judgements that disagreed with their predecessors. | ||
the 13th century did not result in an absolute cessation of new ideas in the field of Islamic law, but marked a peak whereafter begun a decline. Further confirming and perpetuating this decline in ijtihad was the fact that the likes of [[al-Ghazali]] and [[Ibn | the 13th century did not result in an absolute cessation of new ideas in the field of Islamic law, but marked a peak whereafter begun a decline. Further confirming and perpetuating this decline in ijtihad was the fact that the likes of [[al-Ghazali]] and [[Ibn Taymiyyah]] had, by this point, written several influential works condemning and "dismantling" the ideas of the Greek philosophers. Coupled with and confirming the "closing of the gates of ijtihad", this decline of Islamic philosophy ensured that future generations would be marked with an increasing rigidity and obsession with past legal precedence. | ||
===Modern period=== | ===Modern period=== | ||
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==Mujtahid== | ==Mujtahid== | ||
A '''Mujtahid''' (مجتهد, ''’muğtahid'') is a Muslim jurist who is sufficiently qualified in [[fiqh]] (Islamic jurisprudence) in order to interpret the [[Sharia]] (as found in the [[Qur'an]] and [[Hadith]]) such that they can generate [[Islamic Law|Islamic law]]. The practice of a mujtahid is called [[Ijtihad|''ijtihad'']]. Alternative conceptions of the nature of divine authority between the [[Sunni]] and [[Shi' | A '''Mujtahid''' (مجتهد, ''’muğtahid'') is a Muslim jurist who is sufficiently qualified in [[fiqh]] (Islamic jurisprudence) in order to interpret the [[Sharia]] (as found in the [[Qur'an]] and [[Hadith]]) such that they can generate [[Islamic Law|Islamic law]]. The practice of a mujtahid is called [[Ijtihad|''ijtihad'']]. Alternative conceptions of the nature of divine authority between the [[Sunni]] and [[Shi'ism]] sects of Islam means that the qualifications and activity (ijtihad) of mujtahids are imagined differently. | ||
===Qualifications of a mujtahid=== | ===Qualifications of a mujtahid=== | ||