Ijtihad in Islamic law is its truth and conditions

Author

Master in Public Law Administrative investigator at the Control and Anti -Corruption Authority Saudi Arabia

Abstract

This research dealt with the topic of "ijtihad in Islamic law, its truth and conditions"; Where the research was divided into an introduction, two research and conclusion, and in the first topic, the research was mentioned in the sense of ijtihad, language and convention; Where we defined the ijtihad as a term that “the exhaustion of the full time to obtain a belief in a legal judgment”, then we presented the divisions of ijtihad with different considerations, where it was divided into several different divisions according to the analogy. The second topic came to explain the conditions required for the validity of ijtihad, as it became clear through the research that the correct ijtihad is the diligence that meets its conditions, and if the mujtahid has not actually affected his diligence, but it is sufficient that all the conditions of diligence are met in his diligence so that his diligence is correct, and in other words The correct ijtihad is the ijtihad that is for its wage, even if it is wrong, and the corrupt ijtihad is the one that is in its iniquity, even if it is affected. We knew that ijtihad has three Arkan, which is the mujtahid, the diligent issue in it, and the process of ijtihad itself -the mental process of the diligent -, and it turns out that the conditions of the mujtahid can be the whole of being an adult rational and surrounding the sources of rulings, which are the book, the Sunnah, the consensus, the measurement, and other evidence that it can be considered, and that it can be considered, Knowledge of the purposes of Sharia, and it is considered in that to know from the book and the Sunnah regarding the rulings and that it surrounds the principles of jurisprudence, and to be aware of the Arabic tongue and its methods of expression and indication of meanings. While the matter is required in the subject of ijtihad, it is not for you that there is an explicit, valid text in its rule, and that it will be a reality, and it is not one of the hypotheses that have not yet occurred, and that the mujtahid be a perceived of the reality of this descending and its circumstances, a world of reality and does not believe in it ignorance of the circumstances of time and place. We knew that the conditions for the act of ijtihad itself by the mujtahid, to be a document in it for a text, consensus, measurement, or other evidence, so that his ijtihad does not have a mere opinion on any of the origin that is based on it, then we finished the conclusion of the research for the most prominent results that we reached in the research.

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