ضوابط الاجتهاد المعاصر في المستجدات الفقهية

Abstract EN

An Ijtihad is a mean stated by Allah (glory be to him) in doctrine, so that the jurist (the person who deals with religious issues), through making use of it can harmonize between the movement of time, requirements of life, and Islamic jurisprudence.

without making use of this element {the element of Ijtihad} as it is the dynamo, the thing that provides Fiqh with energy, mobility, and effectiveness, jurisprudence won’t be able to keep pace with the developments of life or respond to the challenges and problems that the movement of life imposes on it through the texts available in the Qur’an and Sunnah.

abandoning the process of Ijtihad, in light of the jurisprudential principles towards the realities of life full of events and developments, has a catastrophic impact concerning sharia because Ijtihad is the basis of the movement through which it is intended to continue the jurisprudence with the issues of time and the requirements of the life, the efforts made by humanity in various aspects of life have resulted in a reality full of new developments, but this does not mean in any way that Islam is far from these developments or oblivious to them, and therefore we find it, and to respond to the occurring developments, it identified general and fixed assets and approved Ijtihad as a mean and a tool that is in the service of these principles and total laws, and with the benefit of Ijtihad in its sources do not remain there except for an answer, because it is either from the branches of origins or the validations of speech.