Abstract

Abstract In order to meet the demands of modern life and its complexities, Muslim scholars developed in the 20th century a new instrument of Islamic legal finding, namely al-ijtihād al-jamāʿī [collective independent legal reasoning (ijtihād)]. The latter serves at present as a basis for the technical work within various institutions of contemporary Islamic law, in particular the fiqh academies. This article examines collective ijtihād as a newly developed concept of modern Islamic Law. By focusing on discussions among contemporary Muslim scholars about this concept, I aim to outline certain theoretical characteristics and a methodological framework for collective ijtihād. Furthermore, this article describes positions taken by Muslim scholars concerning the legitimacy and the probative value (ḥujjiyya) of collective ijtihād.

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