Looking at the situation of present era in those issues due to their variety and vastness are very complex, vast information and fundamental research are needed for commenting on any chapter, and it is not possible to address all of them with the method of conventional Ijtihad; that is why Islamic scholars have proposed various solutions.
Specialization of Ijtehad is of the solution to get out of the present situation and reach to a desired condition. In this regard, the debate of separation of Ijtihad is very important, because we can place it as a basis of jurisprudence and then divide it into various specialized disciplines with more depth.
Ijtihad with its special regulations is a way to identify and extract the Islamic rules and obtain legal argument, and Mujtahid is a person who takes benefit from this approach. If he possesses the knowledge to extract all rules, he is called an absolute Mojtahed and if he has the knowledge of extracting only a part of rules then he is called Mojtahed Mutajzzi.
Keeping in mind the features of present age in that scale of problems is very large, it is not possible that one can acquire an absolute power of Ijtihad as nobody can become an absolute lawyer in criminal law, commercial law and civil rights all together.
On the other hand, the science in every area is going towards specialization. So, the theory of Tajazzi on Ijtehad is favorable.
The prominent thinker of the Islamic world and the head of World Union of Muslim Scholars, Shaikh Dr. Yousef Qarzavi, says: “In new decrees and issues it is necessary that the form of Ijtihad be transferred from individual Ijtehad to that of collective and consultative Ijtihad in which the experts discuss and debate on general issues concerned to Muslim Ummah.
Suitable collective Ijtihad at present age can become crystallized in the form of a Global Islamic Jurisprudence where the experts and leading Jurisprudents of Islamic World are members, and the criteria for selecting its members are expertise and piety.
Also, the members of assembly should have absolute freedom to express their views, should not be under any political and social pressure and be strictly away from internal, external, governmental and non-governmental factors.
Finally, it should be kept in mind that collective Ijtihad does not go to discredit the individual Ijtihad because primarily they are individual Mujtadedin who make research and study and present their findings and conclusion to the council of Mujtahedin for collective summation and decision.
Therefore, the right of individual Ijtihad is reserved for Mujtahed as Ijtihad in its essence and principle is an individual exercise.
Ijtihad with its special regulations is a way to identify and extract the Islamic rules and obtain legal argument, and Mujtahid is a person who takes benefit from this approach. If he possesses the knowledge to extract all rules, he is called an absolute Mojtahed and if he has the knowledge of extracting only a part of rules then he is called Mojtahed Mutajzzi.
Keeping in mind the features of present age in that scale of problems is very large, it is not possible that one can acquire an absolute power of Ijtihad as nobody can become an absolute lawyer in criminal law, commercial law and civil rights all together.
On the other hand, the science in every area is going towards specialization. So, the theory of Tajazzi on Ijtehad is favorable.
The prominent thinker of the Islamic world and the head of World Union of Muslim Scholars, Shaikh Dr. Yousef Qarzavi, says: “In new decrees and issues it is necessary that the form of Ijtihad be transferred from individual Ijtehad to that of collective and consultative Ijtihad in which the experts discuss and debate on general issues concerned to Muslim Ummah.
Suitable collective Ijtihad at present age can become crystallized in the form of a Global Islamic Jurisprudence where the experts and leading Jurisprudents of Islamic World are members, and the criteria for selecting its members are expertise and piety.
Also, the members of assembly should have absolute freedom to express their views, should not be under any political and social pressure and be strictly away from internal, external, governmental and non-governmental factors.
Finally, it should be kept in mind that collective Ijtihad does not go to discredit the individual Ijtihad because primarily they are individual Mujtadedin who make research and study and present their findings and conclusion to the council of Mujtahedin for collective summation and decision.
Therefore, the right of individual Ijtihad is reserved for Mujtahed as Ijtihad in its essence and principle is an individual exercise.
By: Dr. Amir Hamza Salarzahei & Abdullah Futohee