Technically, Ijtihad means "putting forth every effort in order to determine with a degree of probability a question of the Shari'ah". The legal effect of it is that the opinion rendered is probably right, thought there is the possibility or error. Obviously, the fundamentals of the religion of Islam like the Oneness of Allah. The Holy Book Qur'an, the sending of Prophet, etc, cannot properly constitute a subject of Ijtihad.
Accordingly to al-Mawardi, the scope of Ijtihad after the Prophet's death, includes eight separate heads. Seven of these consist in the interpretation of the eight is the derivations of a meaning from other than the revealed texts, e.g by reasoning. It follows that Ijtihad believes partly in the process of interpretation and reinterpretation and partly in analogical deductions by reasoning.
With the march of human civilization our life is, on the one hand, becoming more complex day by day, and new social and moral problems that emerge in the society from time to time require solutions. On the other hand, the mental and intellectual horizon is also widening with the advancement of human knowledge. The result is that Islamic Law developed with the emergence of new problems since the days of the Prophet (peace be upon him) and was created and recreated, interpreted in accordance with the changing circumstances.
Therefore, the Mu'tazilites view that Ijtihad is always right can hardly be accepted. Since Ijtihad mainly deals with a question of the Shariah that emerges in society from time to time, its ruling cannot be the concept of social requirements of life is, other things being equal, bound to change. Therefore, the process of rethinking and reinterpreting must be allowed to go undisturbed keeping in view the basis injunction of the Holy Qur'an the Sunnah.
The majority of the jurists and theologians considered Qiyas tamful not only in intellectual matters but also in Shariah matters. The role of the Qiyas is to extend the law of the text to such cases as do not fall within the purview of its terms by reason of an "effective" cause which is common to both cases and can not be understood from the expression (concerning the original case). According to jurist, the extension of law by analogy does not establish a new rule of law, but merely helps us to discover the law.
Taken all in all, we can conclude that in the dynamics of Islam law, the Qur'an has its own identity but Sunnah, Ijma and Ijtihad stand in a very intimate relationship to one another. The Sunnah and Ijma especially, although distinct, pass into one another. The bridge, the inalienable link, is the Ijtihad or Qiyas. The Islamic principles of goodness and truth, justice and equity, fairness and righteousness are so dynamic and eternal in nature that they are quite capable of handing various conflicting problem life.
Accordingly to al-Mawardi, the scope of Ijtihad after the Prophet's death, includes eight separate heads. Seven of these consist in the interpretation of the eight is the derivations of a meaning from other than the revealed texts, e.g by reasoning. It follows that Ijtihad believes partly in the process of interpretation and reinterpretation and partly in analogical deductions by reasoning.
With the march of human civilization our life is, on the one hand, becoming more complex day by day, and new social and moral problems that emerge in the society from time to time require solutions. On the other hand, the mental and intellectual horizon is also widening with the advancement of human knowledge. The result is that Islamic Law developed with the emergence of new problems since the days of the Prophet (peace be upon him) and was created and recreated, interpreted in accordance with the changing circumstances.
Therefore, the Mu'tazilites view that Ijtihad is always right can hardly be accepted. Since Ijtihad mainly deals with a question of the Shariah that emerges in society from time to time, its ruling cannot be the concept of social requirements of life is, other things being equal, bound to change. Therefore, the process of rethinking and reinterpreting must be allowed to go undisturbed keeping in view the basis injunction of the Holy Qur'an the Sunnah.
The majority of the jurists and theologians considered Qiyas tamful not only in intellectual matters but also in Shariah matters. The role of the Qiyas is to extend the law of the text to such cases as do not fall within the purview of its terms by reason of an "effective" cause which is common to both cases and can not be understood from the expression (concerning the original case). According to jurist, the extension of law by analogy does not establish a new rule of law, but merely helps us to discover the law.
Taken all in all, we can conclude that in the dynamics of Islam law, the Qur'an has its own identity but Sunnah, Ijma and Ijtihad stand in a very intimate relationship to one another. The Sunnah and Ijma especially, although distinct, pass into one another. The bridge, the inalienable link, is the Ijtihad or Qiyas. The Islamic principles of goodness and truth, justice and equity, fairness and righteousness are so dynamic and eternal in nature that they are quite capable of handing various conflicting problem life.
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