Modern legislative Ijtihad: the need for a holistic approach

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...

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Main Author:	Haneef, Sayed Sikandar Shah
Format:	Article
Language:	English
Published:	LexisNexis 2009
Subjects:	KBP173.25 Islamic law and other disciplines or subjects
Online Access:	http://irep.iium.edu.my/6873/ http://irep.iium.edu.my/6873/ http://irep.iium.edu.my/6873/1/Modern_legislative_Ijtihad_the_need_for_a_holistic_approach.pdf

id	iium-6873
recordtype	eprints
spelling	iium-68732012-01-26T07:34:08Z http://irep.iium.edu.my/6873/ Modern legislative Ijtihad: the need for a holistic approach Haneef, Sayed Sikandar Shah KBP173.25 Islamic law and other disciplines or subjects 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. LexisNexis 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6873/1/Modern_legislative_Ijtihad_the_need_for_a_holistic_approach.pdf Haneef, Sayed Sikandar Shah (2009) Modern legislative Ijtihad: the need for a holistic approach. Shariah Law Reports (1). pp. 33-45. ISSN 1985-4250 http://www.lexisnexis.com.my/store/my/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP173.25 Islamic law and other disciplines or subjects
spellingShingle	KBP173.25 Islamic law and other disciplines or subjects Haneef, Sayed Sikandar Shah Modern legislative Ijtihad: the need for a holistic approach
description	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.
format	Article
author	Haneef, Sayed Sikandar Shah
author_facet	Haneef, Sayed Sikandar Shah
author_sort	Haneef, Sayed Sikandar Shah
title	Modern legislative Ijtihad: the need for a holistic approach
title_short	Modern legislative Ijtihad: the need for a holistic approach
title_full	Modern legislative Ijtihad: the need for a holistic approach
title_fullStr	Modern legislative Ijtihad: the need for a holistic approach
title_full_unstemmed	Modern legislative Ijtihad: the need for a holistic approach
title_sort	modern legislative ijtihad: the need for a holistic approach
publisher	LexisNexis
publishDate	2009
url	http://irep.iium.edu.my/6873/ http://irep.iium.edu.my/6873/ http://irep.iium.edu.my/6873/1/Modern_legislative_Ijtihad_the_need_for_a_holistic_approach.pdf
first_indexed	2023-09-18T20:16:02Z
last_indexed	2023-09-18T20:16:02Z
_version_	1777407793456742400

Modern legislative Ijtihad: the need for a holistic approach

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