أثر تقنين الفقه الإسلامي على حرية الاجتهاد

Abstract EN

El Ijtihed was characterized by creativity and diversity, that prove the validity of sharia for all times and places, which our scholars took care of and set conditions for, including the freedom of the scholar in his work, he adheres only to the rules of Islamic jurisprudence, which changed its features in the various roles.

however, the renaissance time in history of Islamic jurisprudence was adopted as a tool to activate the application of Islamic law, by writing it into the form of laws (codification) through which its workers sought to make the provisions of Islamic jurisprudence applicable.

moreover, research into codification of Islamic jurisprudence has shown divergent positions, between supporters and opponents of its adoption as a means of applying Islamic law, as el Ijtihed is based on freedom whereas codification is binding and a provision is defined in a text.