الاجتهاد الجماعي المعاصر : إشكاليات التطبيق و مقترحات المعالجةُ و التطوير

الملخص EN

The research represents a theoretical study of the course of contemporary collective Ijtihad (diligent judgment); being a modern necessity today.

This is due to the urgent need to know the ruling of Allah on the complex and successive developments in the modern era with the absence of direct ruling from the Shari’a texts.

It can be considered as one of the sufficiency duties upon which religion and the worldly life is based, and which Muslims must not abandon.

The research aims to define the meaning of the term contemporary collective Ijtihad, with an indication of the similarities and differences between this term and the terms individual Ijtihad as well as unanimity in terms of concept, purpose, generality specificity, and the range of meaning that each one of them covers.

The research also aims to present the most important problems facing contemporary collective Ijtihad today, which may hinder its development and prevent it from achieving its desired goals, in addition to suggesting the most appropriate solutions to address these problems, or limit their impact on the results of the type of Ijtihad.

The researcher adopted the analytical and inductive approach, by analyzing texts and extrapolating the sayings of ancient and modern jurists, in order to reach a comprehensive vision of the issue in question.

Among the most important results that the researcher reached in this research are the following: (1) collective Ijtihad cannot be regarded as unanimous in the fundamentalist sense, but rather as a presumptive argument; (2) Muslims are not obliged to follow it and may reject it in favor of another Ijtihad; and (3) the conditions that must be met should be entrusted to the Muslim guardian.

The research concluded with a set of recommendations, the most important of which are: encouraging researchers and scholars in the legal sciences to do more research and studies on the course of contemporary collective Ijtihad; holding a scientific conference reviewing everything related to this subject; and explaining the most important problems and obstacles facing this course and the most important proposals to solve them.