Ijtihad (Independent Reasoning in Islamic Law): Difference between revisions

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The Modernists differed from the Salafis, however, in the direction they wanted to move in. Agreeing that rigid conformity to classical legal theory was a problem, the modernists decided the right thing to do was not to prefer literal readings, but instead to further abstract Islamic scripture and focus on the general "goals of the Shariah" (''Maqasid al-Shariah''). There being some precedence for this in the classical schools of law, many modernists decided that rather then throwing out the madh'habs altogether, one could emphasize and focus on the existing legal principles that favored high-level goal-oriented thinking and flexibility (such as ''Istislah'', ''Istihsan'', and ''Maslaha'') while under emphasizing the legal principles that required a more rigid and uncompromising loyalty to the exact words of scripture.
The Modernists differed from the Salafis, however, in the direction they wanted to move in. Agreeing that rigid conformity to classical legal theory was a problem, the modernists decided the right thing to do was not to prefer literal readings, but instead to further abstract Islamic scripture and focus on the general "goals of the Shariah" (''Maqasid al-Shariah''). There being some precedence for this in the classical schools of law, many modernists decided that rather then throwing out the madh'habs altogether, one could emphasize and focus on the existing legal principles that favored high-level goal-oriented thinking and flexibility (such as ''Istislah'', ''Istihsan'', and ''Maslaha'') while under emphasizing the legal principles that required a more rigid and uncompromising loyalty to the exact words of scripture.


This modernist movement grew into several new branches in the 20th and 21st centuries, and today even consists of a feminist Islam<ref>Ayesha Hidayatullah, ''The Feminist Edges of the Qur'an'', Oxford University Press, 2014</ref>, a liberation-theology Islam<ref>Hamid Dabbashi, ''Islamic Liberation Theology'', Routledge, 2008</ref>, and a Marxist Islam<ref><nowiki>https://themaydan.com/2020/05/a-place-for-marxism-in-traditionalist-fiqh-engaging-the-indonesian-thinker-muhammad-al-fayyadl/</nowiki></ref> - though these are still on the fringe of the more central modernist movement<ref>Tariq Ramadan, ''Radical Reform'', Oxford University Press, 2008</ref><ref>Fazlur Rahman, ''Islam'', University of Chicago Press'','' 1979</ref> that focuses more exclusively on what it sees as specific problems in the Islamic legal heritage rather than new-fangled (and usually western-philosophy-inspired) solutions.
This modernist movement grew into several new branches in the 20th and 21st centuries, and today even consists of a feminist Islam<ref>Ayesha Hidayatullah, ''The Feminist Edges of the Qur'an'', Oxford University Press, 2014</ref><ref>Amina Wadud, ''Inside the Gender Jihad'', Oneworld, 2006</ref><ref>Fatima Mernissi, ''The Veil and the Male Elite'', 1991</ref>, a liberation-theology Islam<ref>Hamid Dabbashi, ''Islamic Liberation Theology'', Routledge, 2008</ref>, and a Marxist Islam<ref><nowiki>https://themaydan.com/2020/05/a-place-for-marxism-in-traditionalist-fiqh-engaging-the-indonesian-thinker-muhammad-al-fayyadl/</nowiki></ref> - though these are still on the fringe of the more central modernist movement<ref>Tariq Ramadan, ''Radical Reform'', Oxford University Press, 2008</ref><ref>Fazlur Rahman, ''Islam'', University of Chicago Press'','' 1979</ref> that focuses more exclusively on what it sees as specific problems in the Islamic legal heritage rather than new-fangled (and usually western-philosophy-inspired) solutions.


==See Also==
==See Also==
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[[Category:Terms and Definitions]]
[[Category:Terms and Definitions]]


== References ==
==References==
<references />
<references />
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