Islam is the final religion, and its Sharia is appropriate for all ages and times, but recent years have witnessed a struggle between scholars claiming to assume the time of Ijtihad, and others defending the continuation of jurisprudence for the sake of contemporary jurisprudential issues, and another conflict revolving around the conditions of ijtihad that are required to be met by those who confront ijtihad. He insists on them, and another sees them as impossible conditions, and the matter is very demanding of a pause and study. If we want the continuation of ijtihad, it must be subject to conditions and standards set by scholars. So as not to open a door to creativity.
Keywords:
Jurisprudence, conditions of ijtihad, fundamentalists, contemporary jurisprudence.
[1] Tools of Consideration: The Desired Ijtihad in the Light of Contemporary Reality by Dr. Qutb Sano, Dar Al-Fikr Al-Muasram, Beirut, Lebanon, First Edition, 2000.
[2] The Origins of Fatwa and the Judiciary in the Maliki School by Dr. Muhammad Riad, New An-Najah Press, Casablanca, Morocco, fourth edition, 1431 AH / 2010 AD.
[3] Ijtihad between the justifications for interruption and the controls of continuity by Dr. Mohamed El Amine Ould Mohamed Salem bin Sheikh, Dar Al-Rashad Al-Haditha, Casablanca, second edition, 2009.
[4] Ijtihad among the fundamentalists from theory to practice by Ahmed Ghawish, Dar Ibn Hazm, Beirut, first edition, 1430 AH / 2009 AD.
[5] Ijtihad in Islamic Sharia by Dr. Yusuf Al-Qaradawi, Dar Al-Qalam for Publishing and Distribution, Cairo, Fourth Edition, 1432 AH 2011 AD.
[6] Jurisprudence "Any Role and Any New", Publications of the Faculty of Arts and Human Sciences, Mohammed V University Rabat, Series of Seminars and Debates, No. 53, New An-Najah Press, Casablanca, 1996.
[7] Intentional Ijtihad: Its Authenticity - Controls - Fields by Dr. Noureddine bin Mukhtar Al-Khadimi - Kitab Al-Ummah - Issue 65 - a series issued by the Ministry of Awqaf and Islamic Affairs in the State of Qatar, Jumada Al-Awwal 1419 AH.
[8] Ijtihad - the text - the reality - the interest, Dr. Ahmed Raissouni and Professor Muhammad Jamal Barout, Dar Al-Fikr, Damascus, first edition, 1420 AH / 2000 AD.
[9] Ijtihad, Imitation, Follow-up and Consideration by Professor Yahya Mohamed, East Africa Press, Third Edition, 2010.
[10] Ijtihad and the Requirements of the Age by Muhammad Hisham Al-Ayoubi, Dar Al-Fikr, Amman, Jordan.
[11] Judgment in the Origins of Judgments, by Imam Saif Al-Din Abi Al-Hassan Ali bin Muhammad Al-Amidi, investigated by Abdel Moneim Ibrahim, Nizar Mustafa Al-Baz Library, second edition, 1426 AH / 2005 AD.
[12] Guiding Stallions to Achieve the Right from the Science of Assets by Muhammad bin Ali bin Muhammad Al-Shawkani, investigated by Abu Musab Muhammad Saeed Al-Badri, Cultural Books Foundation, seventh edition, 1417 AH / 1997 AD.
[13] Fundamentalist Renewal: Towards a Renewal Formulation of the Science of Fundamentals of Jurisprudence, collective preparation under the supervision of Dr. Ahmed Raissouni, International Institute of Islamic Thought, Virginia, USA, first edition 1435 AH / 2014 AD.
[14] Liberation and Enlightenment by Sheikh Taher Ben Ashour, Dar Sahnoun, Tunisia, 1997.
[15] Explanation of the revision of the chapters in the abbreviation of the crop by Imam Al-Qarafi - investigated by Taha Saad - Al-Azhar Book Library - Egypt - first edition.
[16] The differences or the lights of lightning in the depths of the differences by Imam Ahmad bin Idris Al-Qarafi, controlled and corrected by Khalil Al-Mansour, printed by Dar Al-Kutub Al-Ilmiyya, Beirut, Lebanon, first edition, 1418 AH / 1998 AD.
[17] Al-Mustasafi from the Science of Fundamentals by Imam Al-Ghazali - investigated by Muhammad bin Salman Al-Ashqar, first edition, Al-Resala Foundation, Beirut, 1477 AH / 1997 AD.
[18] The new and comprehensive standard expressing the fatwas of the late scholars of Morocco by Sheikh Mahdi Al-Wazzani, taken care of by Professor Omar bin Abbad, edition of the Ministry of Awqaf and Islamic Affairs, Kingdom of Morocco, 1417 AH / 1996 AD.
[19] Maqasid al-Sharia al-Islamiyya by the scholar Muhammad al-Taher ibn Ashour, printed by Dar Sahnoun for Publishing and Distribution in Tunis, and Dar al-Salam, Cairo, for the year 1427 AH / 2006 AD.
[20] From Ijtihad to Criticism of Islamic Reason Muhammad Arkoun - translated by Hashem Saleh - Dar Al-Saqi - Beirut - Lebanon
[21] Approvals in the Principles of Sharia by Abu Ishaq Al-Shatibi, commentary by Sheikh Abdullah Draz, Dar Al-Kutub Al-Ilmiyya, Beirut, third edition, 2003 AD.
Citation
Ahmed Boussami (2021), Jurisprudence between the imperative of continuity and the scientific conditions. IUSRJ International Uni-Scientific Research Journal (2)(15),80-86. https://iusrj.org/articles/doai202102051028Call for Paper
We are going to launch a new Volume, 15th of next Month of peer-reviewed OpenAcess journal publishing original research articles. IUSRJs' publish innovative papers, reviews, mini-reviews, rapid communications and scheduled to monthly. For this purpose, we would like to ask you to contribute your excellent papers in IUSRJs'. Your comments will help us improve the quality and content of the journals. The journals accepts Review Articles, Original Articles and Short Communications. Brief Report, Books Review, Thesis Important Info.: Last Date of article submission: 15th of Every month Acceptance Notification: within 4-5 weeks publication online: within 72 hours after submit all necessary document for publication Submit your valuable work: Submit Now Submit your article through : [email protected]