Ijtihad

Open Access Article

1 - Islamic Jurisprudence from Free Ijtihad to Scholastic Ijtihad
Jalil Omidi

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 jurisprude More

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. Manuscript profile

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2 - Three Main Axis to Expand the Terriory of Ijtehad
Abdul Hamid Vasati

This article is part of a study to define, interpret, and explain the "macro-scale" or "ijtihad systematizing and civilizing" infrastructures. The question of the article is: why the realm of ijtihad is practically exclusive to jurisprudence, meaning "individual command More

This article is part of a study to define, interpret, and explain the "macro-scale" or "ijtihad systematizing and civilizing" infrastructures. The question of the article is: why the realm of ijtihad is practically exclusive to jurisprudence, meaning "individual commandments", and to what extent the scope of ijtihad expands if the evidence of this monopoly is not complete? The hypothesis of the author is about the meaning of ijtihad and its domain: "Ijtihad is a methodological and reasoning epistemic attempt to obtain the opinion of God (including descriptions and prescriptions) from authentic sources based on authentic evidence". According to this hypothesis, Ijtihad does not devote to jurisprudence, and it flows in the whole of religion; it has three axes that support this hypothesis: 1. Review the concept and scope of the "verb" in the definition of jurisprudence; 2. Revise the scope of sentence Shari'a; 3. Reviewing the concept and scope of "authority" in defining ijtihad. Manuscript profile

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3 - Subjectivity or Method of the Indications in the Validity of Ijtihad by Looking at Holy Quran and Narrations
Mostafa Rashedi Ahmad Reza Tavakoli Mohammad Ali Heidari

There is a debate among the jurists as to whether the judge's knowledge of the event can have an external effect on his verdict, in the sense that even if he is aware of the event between the two parties in any way, what is valid for him to rule based on it, is only the More

There is a debate among the jurists as to whether the judge's knowledge of the event can have an external effect on his verdict, in the sense that even if he is aware of the event between the two parties in any way, what is valid for him to rule based on it, is only the hints appointed by the Sharia which are evidence and confession, or the knowledge of a judge without specific hints has the authority to issue a rule. The result of this debate on the validity of ijtihad or the adequacy may show itself and be useful in terms of its single criteria. Since examination of the hints (evidence and confession) is a completely specialized matter in the field of expertise of a mujtahid, then assuming that indication and evidence are relevant in proving a claim and verdict, then ijtihad is necessary for judgment, and if we can prove evidence and confession are only a way to the truth then the truth is revealed to the judge and the judge can issue a verdict, so ijtihad is not necessary. Manuscript profile

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4 - The new approach on the Ijtehadi way of understanding and interpreting the Quran
parvin nabian

Abstract In this paper, two major schools of interpretation,i.e. justifiability and Ijtihad are reviewed and their reasons are criticized and reviewed. And eventually the school of interpretation has been spoken about that can be considered a new explanation of the Ijt More

Abstract In this paper, two major schools of interpretation,i.e. justifiability and Ijtihad are reviewed and their reasons are criticized and reviewed. And eventually the school of interpretation has been spoken about that can be considered a new explanation of the Ijtihad method and that could also be affirmed by the verses and narrations and on its base it could be clarified that the interpretation and explanation of the Qur'an is a divine duty that has been burdened on real commentators of the Quran (the perfect man), the first and leaders infallible Prophet (PBUH) and then divine scholars and jurists who are eligible for the time being, those that without connection with them and without taking use of their presence by asking them and examining one’s understanding of their sight (and not only use their accounts), the view of God in the Holy Quran would not be clarified as the great certainty. So that in the absence of their cognition and without using their views, one cannot sometimes get a preference among diverse concepts of the Quran that is due to the humanization of the realization and it often causes puzzlement and seduction in understanding the verses. Manuscript profile

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5 - Relationship of the absolute rule of the Faqih with the role of time and place in ijtihad
afsaneh torkashvand Mahmood Ghayoom zadeh Abbas Ali Heidari

10.22034/sej.2019.670170

The purpose of the present study was to explain the relationship between the jurisprudence of the jurisprudent and the role of time and place in ijtihad and present a new theoretical study on the use of jurisprudence's jurisprudence to facilitate community affairs. In t More

The purpose of the present study was to explain the relationship between the jurisprudence of the jurisprudent and the role of time and place in ijtihad and present a new theoretical study on the use of jurisprudence's jurisprudence to facilitate community affairs. In this regard, the role of time and place in ijtihad, rulings, emergence of new subjects, discovery of new instances of subjects, implementation of rulings, governmental rulings and the preference of some rulings over others (important and important rule) is examined through a descriptive-analytical method. It took. The results show that the jurisprudential authority of the jurisprudent is closely related to the role of time and place in ijtihad and these two aspects of the jurisprudent's decision are determined. Time and place influence the parameters of sentences, their subjects, and their characteristics. But the jurisprudent can not only solve modern problems and problems of modern society by means of primary and secondary verdicts, but by using the element of expediency, the rule of law, the principle of importance and the element of time and place, can solve emerging problems. Manuscript profile

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6 - A Pattern of Ijtihad Method Used in Reliable Mysticism: Case Study: Method of Sirrul-Isra
Mostafa Hamadani

The spiritual and intimate relationship with God, recommended by mysticism, has been and is the fundamental need of men at all times. But unfortunately, today’s human beings, who are interested in spiritualism, experience false doctrine rather than the true mysticism. P More

The spiritual and intimate relationship with God, recommended by mysticism, has been and is the fundamental need of men at all times. But unfortunately, today’s human beings, who are interested in spiritualism, experience false doctrine rather than the true mysticism. Perhaps, the teachings of revelation are processed by incorrect and non-ijtihad methods in the name of Islamic mysticism The contemporary master of mysticism, the deceased Ayatollah Saadatparvar, is one of the clerical mystics who have always tried to apply the method of ijtihad wisdom to deduce mystical teachings. Hence, the current study applies documentary & library research methods to extract pattern of ijtihad method in reliable religious mysticism based on jurisprudential ijtihad and according to the methods that are implicitly mentioned by master Saadatparvar in Sirrul-Isra (Secret of Nightly Travel. This study aims to present a multi-dimensional pattern including (1) documentation analysis, (2) interpretive analysis and Fiqh al-Hadithi (study of narration) based on general rules, (3) rules of Arabic literature and knowledge of principles, (4) methods to obviate the contradiction between conflicting narratives, (5) interpretation of difficult narrations and (6) rational analysis of verses and mystical narrations, while using innovations made by Saadatparvar who emphasized on Quran’s verses, benefited many adeieh (prayers), and utilized rhetorical rules in inference. Manuscript profile

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7 - Investigation of the Scope and Limits of Judge Intervention in Judicial Modification of Contracts from the Perspective of Iran and Egypt Law
Abdollah Khatib mohammadreza fallah Ali Tavallaei

Sometimes, after the conclusion of the contract and at the stage of implementation, the conditions governing the contract would change substantially, so that this change in circumstances was not foreseen by the parties at the time of concluding the contract, and this wo More

Sometimes, after the conclusion of the contract and at the stage of implementation, the conditions governing the contract would change substantially, so that this change in circumstances was not foreseen by the parties at the time of concluding the contract, and this would cause extreme hardship to the obliged party conventionally. In such a situation, the importance of the intervention of the magistrate in the contracts concluded and, finally, the modification of the contractor's obligations becomes an irrefutable necessity, but the important point is to determine the logical scope and limit for the intervention of the judges in the contracts involving the hardship, the necessity of which is also very tangible. Because in case of change in the circumstances, complying with the provisions of the contract would not be the actual intention of the parties to the agreement and not valid and acceptable by the holy legislator. Considering the above mentioned points, the important issue that we are looking for in this study is the determination of a logical framework for the intervention of judges in the contracts and whether the intervention of the judge in the contracts would be limitless and absolute or not? Investigations and results of this research, as well as the author's viewpoint, suggest that the intervention of the judge for making fair the contractual obligations is limited and is subject to certain conditions and formalities. Manuscript profile

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8 - An Attitude to Ijtihad versus the Nas and its Challenges
mohammad kaveh rahim vakilzadeh

There is no doubt that in the face of the appearance of religious texts, perceptions and ijtihad may be different . And it is these appearances that are the main channel of ijtihad. The question is whether mujtahid can also do ijtihad in the face of religious scripture. More

There is no doubt that in the face of the appearance of religious texts, perceptions and ijtihad may be different . And it is these appearances that are the main channel of ijtihad. The question is whether mujtahid can also do ijtihad in the face of religious scripture. That is to say, by making jurisprudential arguments, ijtihad seems contrary to the norm, in other words, is ijtihad permissible?In this article, we have tried to first elucidate the notions of "ijtihad", "nas" and "confrontation" and the practical fruit of believing in the authenticity or nullity of ijtihad against the nasal as far as possible and subsequently refuting the views of Sunni and Imamite jurists. Describe its opposition and the reasons for its opposition to the full extent of the text. . At the end of this article, the topic of time and place and its effect on ijtihad and, at the same time, the importance of subject matter and the effect of subject change on judgment and ijtihad have been examined. Manuscript profile

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9 - The Validity of Judge's Ijtihad Reasons and its Criticism
Alireza Asgari Mostafa Ameri

Since adjudication is one of the most essential and important subjects in the religious jurisprudence and law, the qualification of the judge is very important and so Islam underlines the competence and jurisdiction of the judges. This issue was negotiated from the time More

Since adjudication is one of the most essential and important subjects in the religious jurisprudence and law, the qualification of the judge is very important and so Islam underlines the competence and jurisdiction of the judges. This issue was negotiated from the time of Sheikh Tousi but in the last couple of century some open handed jurists that practically have tried to end the hostility have studied different sides of this subject more considerably. One of the conditions for the qualification of judge especially in religious jurisprudence is Ijtihad (divine law on matters of theology and law). The most famous jurists believe that Ijtihad is necessary in adjudication. They have indicated the narrative and rational reasoning about Ijtihad. The author of Javaher believes that only the Mojtahids who have all conditions are allowed to be a judge. On the contrary, some jurists, mostly the modern ones, believe that Ijtihad is not a necessary condition in adjudication and they talked in considering the lack of reasons that know Ijtihad a condition and the other persons who arenâ€™t Mojtahid can also be a judge. This article explains the forgoing aspects and then with the study and research about the theoretical principles of the common Ijtihad of judge, according to reliable documents, proves that Ijtihad for judges is not necessary. Manuscript profile

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10 - A Critical Study of Womenâs Judgment Prohibition Theory from Jurisprudence Philosophy Perspective
Alireza Pouresmaeili Alireza sadeqi

Women as judges has been one of the most challenging subjects in Shiite Jurisprudence (Fiqh), Law, Qur'anic Sciences, Hadith, and other fields. Some researchers in these fields have studied the women capacity for judgment and have tried to criticize the conventional app More

Women as judges has been one of the most challenging subjects in Shiite Jurisprudence (Fiqh), Law, Qur'anic Sciences, Hadith, and other fields. Some researchers in these fields have studied the women capacity for judgment and have tried to criticize the conventional approach in Shiite Jurisprudence that denies women's capacity to judge. This paper seeks to address the subject from a new perspective, i.e. the philosophy of Fiqh, and highlights the importance of Fiqh philosophy in Shiite jurisprudence, suggesting that this gap is created due to ignoring reasoning in Shiite jurisprudence. Finally, it is concluded that the issuance of such judicial decrees (Fatva) in Shiite Jurisprudence is rooted in the inefficacy of anti-rational Jurisprudence (Ijtihad) which can discredit Sharia as well Manuscript profile

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11 - Principle of Application or Presumption of Mastery and its Effects on Principle of Jurisprudence
Abbas Arab Khazaeli Abbas Arab Khazaeli Alireza Askari Mohamamd Mehdi Ahamdi

Principle of mastery is one of the commonly-used matters in science/ knowledge of religious jurisprudence. It was defined as a verdict on the permanence of what was in the past. From the start of coming into existence of the science/ knowledge, the experts of jurisprude More

Principle of mastery is one of the commonly-used matters in science/ knowledge of religious jurisprudence. It was defined as a verdict on the permanence of what was in the past. From the start of coming into existence of the science/ knowledge, the experts of jurisprudence believed that traditions were the reason for the proof of mastery and mastery was an established or for mere obedience rule in times of doubt. Consequently, the principle of mastery is one of the principles of application. However, most experts of jurisprudence after Behbahani believed that the reason for the proof of mastery is wisdom. Therefore, the principle of mastery is an inconclusive presumption of personal reasoning. In this research an attempt was made to take into consideration the attitudes of the experts of jurisprudence about the principle of mastery and its application in religious jurisprudence and law. Manuscript profile

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12 - Renewal of competition between Osuli and Akhbari at the beginning of the Qajar period
Elham Amiri Gholamhossein Zargarinejad Sina Foroozesh

Renewal of competition between Usuliyan and akhbarians at the beginning of the Qajar periodAbstractDisagreement between the two schools of jurisprudence, Akhbari and Usuli, before the end of the 12th century AH, the series of challenges between the two schools in the 13 More

Renewal of competition between Usuliyan and akhbarians at the beginning of the Qajar periodAbstractDisagreement between the two schools of jurisprudence, Akhbari and Usuli, before the end of the 12th century AH, the series of challenges between the two schools in the 13th century begins again. In this process, the relative and causal connections between the fundamentalist clerics led to the strengthening of the mujtahids and their unity against the views of the Akhbari clerics. With the advent of Mirza Mohammad Astarabadi (in the thirteenth century AH and during the Qajar period), a new round of intensification of the confrontation between akhbarian and fundamentalist scholars took place. discussions about both fundamentalist and akhbarian ideas in the Qajar period had various political and religious consequences, especially in the field of incitement related to the clerical apparatus in spreading the ideas of ijtihad and imitation, strengthening the institution of authority and influence of the clergy among the Tuido people and confronting The government, part of the fundamentalists clergy, appeared to enlightenment and new ideas and to welcome some manifestations of modernity. Political developments in the region, including the Iran-Russia wars, were the cause of rivalry between the fundamentalists and the Akhbaris. This article tries to follow the existing similarities between religious scholars about the causes of akhbarian tendencies among the clergy of the Qajar era and to examine the renewed competition between these two sects in the field of intra-organizational developments of the clergy.Keywords: Akhbari, Ijtihad, Astarabadi, Clergy, Qajar era Manuscript profile

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13 - Constitutionalism and teh Concept of Law in Mirza Naini’s Political Thought
Mohammad Yeganeh بهنام جودی

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14 - A survey of the judge knowledge from a jurisprudential and legal point of view
Alireza Mahdavi Hossein Ahmari Mostafa Rajaipour

Judging is a subject that received special attention from the perspective of society and scholars of jurisprudence and law. Therefore, in the governance structure, it is deemed as one of the fundamental axes of justice administration. Therefore, the judge is assumed to More

Judging is a subject that received special attention from the perspective of society and scholars of jurisprudence and law. Therefore, in the governance structure, it is deemed as one of the fundamental axes of justice administration. Therefore, the judge is assumed to be the center of justice. In all legal systems, judging, the judge and the judiciary have a special place, but the one who upholds these axes, mete out justice and execute the law is the judge and the justice is dispensed by prudent and fair judges. Hence, the analysis of justice and judge knowledge, one of the primary goals of this research, is of particular importance at the present time. This paper attempts to explore judge knowledge because knowledge is the prelude to the proper administration of justice. The results of this research suggest that judging is a serious matter, and that among the qualities and traits of a judge, the factors of his knowledge and ijtihad are of paramount importance. Now the question raised is that, “Should the judge be a scholar?” “Should the judge's knowledge be limited to ijtihad?” It seems that if ijtihad is seen as essential for a judge, then how will the urgent demand for a judge and the absence of a mujtahid in the current judicial system be solved? And what are the characteristic traits of a mujtahid judge? In light of the questions raised, the present research, which was conducted using document analysis and library study, in form of a jurisprudential and legal review of the knowledge and ijtihad of the judges, sets out to answer the said questions. Manuscript profile

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15 - The development of Shia jurists' thoughts about political power
Hassan Abbaszadeh Hossein Ahmari Mohammad Reza Javaheri

In Islamic jurisprudence, there is a very important issue under the title of Islamic government, which is the distinguishing feature of the rules of Islamic law compared to other religions. In fact, in the teachings and opinions of Islamic jurists, the concept of politi More

In Islamic jurisprudence, there is a very important issue under the title of Islamic government, which is the distinguishing feature of the rules of Islamic law compared to other religions. In fact, in the teachings and opinions of Islamic jurists, the concept of political power has been recognized through the recognition of Islamic government. In the meantime, Shia jurists refrained from dealing with the issue of political power as one of the basic and main issues of Shia jurisprudence due to the specific socio-political conditions from the time of the beginning of Islam until the establishment of the first Shia governments. But after the formation of Shiite governments, the issue of political power became one of the most important issues in the field of political jurisprudence. The purpose of the current research, which was collected with descriptive-analytical method and library tools, is to analyze and evaluate the concept of political power in the thought of Shiite jurists. In the end, in light of the evolution of Shia thoughts, it is witnessed that in Shia political jurisprudence, given the openness of ijtihad from its outset to the present time, there have always been new mechanisms for ruling in the society, so that after the Infallible (pbuh), depending on historical conditions, other jurists and Islamic scholars have proposed various theories about political power. Manuscript profile

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