This paper elaborates ten crucial principles that should be the
basis for ijjtihad in Islamic law (Fikh): 1. the principle of active ijjtihad,
2. the principle of considering the entire fikh heritage and braking loose
with a blind devotion to any of the mezhebs, 3. the principle of
understanding the essence of life conditions and circumstances, 4. the
principle of understanding human needs in certain space and time, 5. the
principle of focusing to solving the issues that concern a community’s
attitude towards an individual, 6. the principle of applying a gradualness
law, 7. the principle of consistent application of a rule that fetva is apt to
change due to times and conditions, 8. the principle of consistent
application of the Prophet’s practice in terms of alleviation instead of
aggravating, 9. the principle of collective ijjtihad, 10. the principle of
applying legal rules in the process of ijjtihad.
This paper gradually puts in focus the importance of applying
these principles during the process of orienting and maintaining ijjtihad
in a right direction; the direction that would give it vitality and enable it
to constantly offer good solutions to people, to successfully solve
contemporary issues relying heavily on the general guidelines of the
primary Shari’ah, Qur’an and Sunna sources.
Keywords: principles of active ijjtihad, Islamic law (Fikh), modern age
References
1.
El-Bukhārī. Muhammed ibn Ismā‘īl: Şahīh el-Bukhārī, Elektronsko izdanje, Harf produkcija.
2.
Dāvūd E. Sulejmān ibn El-Eš‘as Es-Sidžistānī, Sunen, Elektronsko izdanje, Harf produkcija.
3.
El-Džurdžāni A ibn M ibn A, Kitabut-ta’rifāt. Dārulkitāb el-arebi. II.
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