Wael Hallaq A History Of Islamic Legal Theories Pdf 38

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Ijtihad (Arabic: اجتهاد ijtihād, [ʔidʒ.tihaːd]; lit. physical or mental effort) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (usul al-fiqh), and is not employed where authentic and authoritative texts (Qur'an and Hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (ijma). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called a mujtahid. Throughout the first five Islamic centuries, the practice of ijtihad continued both theoretically and practically amongst Sunni Muslims. The controversy surrounding ijtihad and the existence of mujtahids started, in its primitive form, around the beginning of the sixth/twelfth century. By the 14th century, development of Sunni jurisprudence prompted leading Sunni jurists to state that the main legal questions had been addressed and the scope of ijtihad was gradually restricted. In the modern era, this gave rise to a perception among Western scholars and lay Muslim public that the so-called "gate of ijtihad" was closed at the start of the classical era. While recent scholarship established that the practice of Ijtihad had never ceased in Islamic history, the extent and mechanisms of legal change in the post-formative period remain a subject of debate. Differences amongst the jurists prevented Muslims from reaching any consensus(Ijma) on the issues of continuity of Ijtihad and existence of Mujtahids. Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries. Ijtihad was practiced throughout the Early modern period and claims for ijtihad and its superiority over taqlid were voiced unremittingly. Starting from the 18th century, Islamic reformers began calling for abandonment of taqlid and emphasis on ijtihad, which they saw as a return to Islamic origins. Public debates in the Muslim world surrounding ijtihad continue to the present day. The advocacy of ijtihad has been particularly associated with Islamic modernist and Salafiyya movements. Among contemporary Muslims in the West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical methodology. Shia jurists did not use the term ijtihad until the 12th century. With the exception of Zaydi jurisprudence, the early Imami Shia were unanimous in censuring Ijtihad in the field of law (Ahkam). After the Shiite embracal of various doctrines of Mu'tazila and classical Sunnite Fiqh (jurisprudence), this led to a change. After the victory of the Usulis who based law on principles (usul) over the Akhbaris ("traditionalists") who emphasized on reports or traditions (khabar) by the 19th century, Ijtihad would become a mainstream Shia practice. 2b1af7f3a8