THOUGHTS OF MUSLIM JURISTS - NEED AND SIGNIFICANCE OF COLLECTIVE IJTIHAD: A REVIEW

- اجتماعی و شورائی اجتہاد کی ضرورت و اہمیت معاصر اصولیین كی آراء: ایک جائزہ

Abstract

ALLAH Almighty is the absolute authority in legislation. His principle commandments exist in every walk of human life. The Islamic sharia is quiet in some of the areas of human life. Here it seems that the Share / Lawgiver wants human beings to deploy their wisdom and intellect to chart out the laws and legislations compliance to the times and compatible with the basic principles of Islam. The main motive behind bringing this paper into the light is to advocate the idea that instead of rigidity and Stagnancy, Islam promotes the concept of "Ijtihad". Our past Great Islamic Jurists have set the rules for the process of "Ijtihad" and International Muslim Jurists need to proceed with the Ijtihad process on grounds of such rules and to fulfill the needs of Islamic Legislation of the time. This paper gives an insight into the point that today we are facing so many new problems that were not prevailing in the past. As a result of contemporary scientific and social developments multidimensional problems have arisen which demand the solution by Ijtihad, Moreover, it is also the responsibility of the contemporary Islamic jurists to review past juristic rulings so that their compatibility to the time can be checked. It is a very important need for time so that we could cope up with the newly arisen problems. This paper concludes by providing the readers that "Collective Ijtihad" is the more appropriate form of Ijtihad than Individual one, and advocates that the legislative efforts exercised by renowned "Kulfa-e-Islam" were also "Collective Ijtihad". It is too much important in many aspects that contemporary Islamic Jurists should adopt this mode of Ijtihad for Islamic Legislation, without this aim of the renaissance of Islamic Law could not be met, which a true Muslim can't think even. To attain this goal, it is suggested that an International Juristic Committee of renowned Muslim Jurists (irrespective of any school of thought) should be formulated, so that members of this committee can deploy their collective wisdom and intellect to chart out the laws and legislations compliance to times and compatible to the basic principles of Islam.