Our need for the modern controlled ijtihad (Jurist reasoning)
Having presented our understanding which leads to the end that the essence of the mind's work on the religious texts is but through ijtihad (jurist reasoning). We lay the emphasis on the fact that the ijtihad (jurist reasoning) which is controlled by the islamic fundamentals and revolves around the greatest aims of the Islamic Jurisprudence and its ideal purposes, is the only way out of the legislative crisis of this nation and its fiqhi and legal backwardness. There are countless numbers of events and incidents that go far beyond the finite nature of the texts.
As mentioned above, the Islamic Laws are flexible in a way that allows her to face all incidents and tackle all the new issues that erupt without any difficulty or arbitrariness. This is to be ascribed to the secrets and factors of resilience Allah Almighty deposited in it. This is also due to the right given by the Islamic Law to the scholars and mujtahid's: the right of pondering on the texts and explaining what is hidden of it. They are also entitled to conclude the Islamic Laws and Judgments and the controls of them as stipulated by the fundamentalists.
This is to render Islam capable of dealing with the endless torrent of events and output of civilization.
The nation is in dire need of flinging the door of collective (institutional) and individual ijtihad wide open unfettered but by the religious controls and boundaries Islam put for it. It is also necessary for the nation to reconsider many of the old chapters of Fiqh that need upgrading and modern ijtihad (reasoning ). Many of the fiqhi issues mentioned in the old books of Fiqh and categorized as Fatawa (Religious rulings) need further reasoning to cope with the changes of times and developments and differences of the reality.
Provisional legal Fiqh (jurisprudence) has undergone tangible developments. Fiqh schools in Europe and the west have flourished. Yet, this was only at the expense of a Fiqh backwardness and legislative recess all over the Islamic and Arab countries.
Had the Muslim nation paid the ijtihad (juristic reasoning) the proper attention, and had scholars and mujtahids (in charge of juristic reasoning) played the role assigned to them; Muslims would have been taken to the forefront of all nations. And lie propagators would not have wagged their tongues saying that the Islamic Law cannot catch up with the parade of progress.
The Islamic Law has been ruling one hemisphere for long centuries, during which the banner of Islam was hosted in all environments and among various races. Islam, then, established contacts with all kinds of culture; and it never had a problem with the new or failed to meet a given need. Rather, Islam could find a cure for each malady and a solution to each conundrum. This is to render Islam capable of dealing with the endless torrent of events and output of civilization.
We believe in the necessity of opening the door for ijtihad (juristic reasoning): individual as well as collective (institutional) ijtihad. Yet, we believe that institutional ijtihad is much more capable of reaching the right conclusions, taking the world of reality into account and achieving the assigned goals.
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