Abstract
In order to meet the demands of modern life and its complexities, Muslim scholars developed in the 20th century a new instrument of Islamic legal finding, namely al-ijtihād al-jamāʿī [collective independent legal reasoning (ijtihād)]. The latter serves at present as a basis for the technical work within various institutions of contemporary Islamic law, in particular the fiqh academies. This article examines collective ijtihād as a newly developed concept of modern Islamic Law. By focusing on discussions among contemporary Muslim scholars about this concept, I aim to outline certain theoretical characteristics and a methodological framework for collective ijtihād. Furthermore, this article describes positions taken by Muslim scholars concerning the legitimacy and the probative value (ḥujjiyya) of collective ijtihād.
| Original language | English |
|---|---|
| Article number | Volume 9, Issue 1 |
| Pages (from-to) | 157–178 |
| Number of pages | 21 |
| Journal | Oxford Journal of Law and Religion |
| Publication status | Published - 2020 |
Austrian Fields of Science 2012
- 603905 Islam
- 603209 Canon law