Islamic Jurisprudence from Free Ijtihad to Scholastic Ijtihad
Subject Areas : All jurisprudential issues
Jalil Omidi
1
(Associate Prof. of Tehran University, Department of Jurisprudence
of Shafeiʹ, Tehran, Iran)
Keywords: Free Ijtihad, Scholastic Ijtihad, Independed Mujtahid, Scholastic Jurist, Closeness of Ijtihad, Absence of Jurist,
Abstract :
Ijtihad as a meditation in sources and purposes of Islam to obtain an opinion for unknown cases has been regarded as a collective duty. This historical obligation has been performanced in various methods during the Islamic history. Before the establishment of jurisprudence schools, free or independed Ijtihad was the current paradigm; however after that period the depended Ijtihad and bounding over the rules and methods of the great former jurists (faghih)was accepted and followed as common or standard methods. Scholastic jurists that have been divided to: absolute, exegesis and preference mujtahid, have the same knowledge that the establishers of the schools have. In spite of this they were bounding over the former leader’s rules, principles and methods in their meditation or exposition. Passing the Jurisprudence from period to other has not created any interruption in its historical process. Therefore matters such as jurists imitating, closeness of ijtihad and absence of jurists in an age was not happened at all.
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