Modern legislative Ijtihad: the need for a holistic approach

Haneef, Sayed Sikandar Shah (2009) Modern legislative Ijtihad: the need for a holistic approach. Shariah Law Reports (1). pp. 33-45. ISSN 1985-4250

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Abstract

Ijtihad as a creative intellectual process initially led to the dynamic growth and authentic evolution of Islamic law. Nevertheless with the ascendancy of taqlid its role, by and large was confined to providing legal responses (fatawa) to novel issues. With the emergence of modern nation states, the calls for reinstating the place of ijtihad amidst attempts at Islamization of laws to a great extent provided the impetus for proclamation of Islamic legislations in most part of the Muslim world. However, a cursory look at the existing legislations reveals that the role of ijtihad was some what downplayed. In consequence, modern application of Islamic laws are said to be plagued with many pitfalls and flaws. This paper, therefore, argues that the restoration of multi-faceted role of ijtihad would fix these problems in all fields of the law particularly in the area of Islamic criminal law and personal law of status.

Item Type:	Article (Journal)
Additional Information:	3049/6873
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	26 Jan 2012 15:34
Last Modified:	26 Jan 2012 15:34
URI:	http://irep.iium.edu.my/id/eprint/6873

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