Abstract
The term “ljtihad” itself means to strive hard. But it has been widely usedto imply independent reasoning in the development of Islamic jurisprudence.The contemporary understanding, shared widely by formally trainedIslamic jurists, defines Ijtihad as an intellectual tool that seeks to articulateIslamic laws about issues on which the Qur’an and the Sunnah are decidedlysilent. This standard and orthodox conceptualization of Ijtihad, theoreticallylimits the role of reason to analogical thinking on mundane matters.Even though most Islamic thinkers do use reason quite judiciously inthe interpretation of revalation. The point that is often ignored in discussionsof Ijtihad, its meaning, role, scope and functions, is that the conceptualization of Ijtihad itself is the product of Ijtihad. The development of the‘usd uZ-fiqh, the principles of jurisprudence, and the systematic articulationand rank ordering of the sources of Islamic Law - Qur’an, Sunnah, ijma,Ijtihad, ‘urfand musZu& - are all products of an Ijtihad much wider inscope than its standard understanding. In a remarkably curious development,a conceptually wider process of Ijtihad has spawned a rather meektheory of Ijtihad.Taking a second look at the discussion between Imam Shafi‘i and hisinterlocutor on the Qur’anic sources of Ijtihad,’ one is amazed at how ImamShafi’i is able to build a whole theory out of a single verse. We are turningto Imam Shafi‘i because he has arguably left the most enduring andunshakeable impact on the structure of Islamic legal thinking and in particularon the theory of Ijtihad. In his response to the question, “Is Ijtihad permiadin the Qur’an?” Imam Shafi‘i derives the instrument from only oneverse of the Qur‘an and then supports it with just one other.Turn then thy face in the direction of the Sacred Mosque: whereveryou are turn your faces in that direction. (2:144) ...
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