مساحة المجتهد فيه : دراسة تقويمية أصولية

الملخص EN

This research is a study that include those subjects in which Ijtihad (diligence) is practiced by jurisprudence fundamentalists.

In a way it indicates the issue of Ijtihad, and declares the scope and the width of diligence and practicing Ijtihad.

This is where there is no proofed contexts on the stable level of that text and its interpretation; rather than absolute texts.

Moreover, this study investigates the scope of those subjects in which Ijtihad is practiced in those issues on which Shari'a has no contexts.

This paper aims at determining verdict on those events and issues for which Shari'a scholars have no contexts and have left them for the diligent scholars (Mujtahids) to promote their competence to determine a legitimate verdict for Muslims that is beneficial and compatible with their situations and life times.

Meanwhile, observing the public purposes of Islamic laws is essential in order not to disregard those contexts that their meanings are obvious.

The scope of these issues is called amnesty area to which the fundamentalists have paid attention in a way that there is no discord among those issues on which Shari'a has no contexts, the infinity of texts, and the perfection of Shari'a.

The almighty God has not ignored people, and He has judgment on every issues and troubles that Muslims come across.

The legitimate texts are in a way that their rulings have included the judgment of all events directly, indicatively, or deductively.

This consideration and vision of Shari'a perfection are not being avoided from measurement.