The Role of Ijtihād in Progressing Islamic Law in Modern Times

"The Role of Ijtihād in Progressing Islamic Law in Modern Times" (2013) 10 US-China Law Review 361

11 Pages Posted: 16 Sep 2013

See all articles by Hamid Harasani

Hamid Harasani

King's College London - The Dickson Poon School of Law

Date Written: August 30, 2013

Abstract

While new and complicated legal issues continuously come to the fore, Islamic sacred texts that deal with legal issues are finite. Ijtihād is an interpretive tool that applies legal reasoning based on sacred texts to derive new legal rules that meet emerging legal problems. This paper will elucidate the nature of Ijtihād and comment on the status of Ijtihād today. The paper will also explain why it is necessary to replace macro-Ijtihād with micro-Ijtihād, and will highlight the importance of the continuance of Ijtihād by Islamic jurists despite Islamic law’s reduced application.

Keywords: Islamic Waqfs, English trusts, Islamic law interpretive methods,comparative law

Suggested Citation

Harasani, Hamid, The Role of Ijtihād in Progressing Islamic Law in Modern Times (August 30, 2013). "The Role of Ijtihād in Progressing Islamic Law in Modern Times" (2013) 10 US-China Law Review 361, Available at SSRN: https://ssrn.com/abstract=2326545

Hamid Harasani (Contact Author)

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
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London, WC2R 2LS
United Kingdom

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