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
Date Written: August 30, 2013
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
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