IJTIHAD: SCOPES, MODES& LEGISLATIVE VALUE IN ISLAMIC JURISPRUDENCE
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Date
2021-12-20
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DEPARTMENT OF ISLAMIC LAW FACULTY OF LAW, AL-HIKMAH UNIVERSITY, ILORIN, NIGERIA
Abstract
ljtihad, as a legislative tool, plays pivotal role in the enhancement of dynamism of Shari'ah to issues not definitely captured by the primary sources. The practice of Ijtihad is dated back to the Prophet (PBUH)era. Ever since then, it has been become useful tool in the expansive interpretation of the primary sources of Shari'ah to solve certain legal problems. Thus, its value and validity is undisputable. However, in the recent time, the geometric emergence of novel issues in the contemporary Islamic world vis-à-vis influx of incompetent scholars (self-acclaimed Mujtahideen) call for serious concerned. This thus informs the reason this paper examines the concept of ljtihad with particular reference to its scopes, modes, and legislative value as well as qualifications of a Mujtahid. The paper adopts doctrinal method of legal research and as such argues that despite the scopes of Ijtihad being restricted to matters not definitely addressed by the primary sources, it could also be exercised with respect to matters that have been definitely addressed by the primary sources to enhance their careful implementations. The paper argues further that the modes of ljtihad do not enjoy stereotype application because there are number of modes open to a Mujtahid such as by way of Qiyas, Istihsan, Istislah, Istishab, amongst others, depending on the particular case in point. The paper argues further that Maqaasidus-Shari'ah is the bedrock of ljtihad and as such the door of ljtihad is not open to all and sundry except competent and qualified persons based on requisite qualifications. The paper concludes that Ijtihad enjoys continuous relevance in the contemporary Islamic world. The paper recommends, amongst others, the establishment of Fiqh Academy in Nigeria to curb the menace of conflicting legal rulings on matter of requiring collective Ijtihad in the country.
KEY WORDS: ljtihad, Maqaasidus-Shari'ah, Scopes, Modes,Qualifications, Legislative Value
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ALHIKMAH JOUNAL OF ISLAMIC LAW