Ijtihad

Grand Ayatollah ''Ijtihad'' ( ; '''' , ) 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''".

For first five centuries of Islam, the practice of ''ijtihad'' continued in theory and practice among Sunni Muslims. It then first became subject to dispute in the 12th century. By the 14th century, development of classic Islamic jurisprudence or ''fiqh'' prompted leading Sunni jurists to state that the main legal questions in Islam had been addressed, and to call for the scope of ''ijtihad'' to be restricted. In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the 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 ''Fuqaha'' (jurists) prevented Sunni 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 the Salafiyya and modernist 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 embrace 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. Provided by Wikipedia
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    by Mujtahid
    Published 2009
    Sirkulasi
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    by Mujtahid
    Published 2011
    Text
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