Ijtihād Holds Supremacy in Islamic Law: Muslim Communities and the Evolution of Law
While the traditional view of Islamic law (sharīʿah) and jurisprudence is to consider the Qur’an as the starting point for legal matters, followed by the prophetic tradition, and then resorting to various forms of "ijtihād", it is argued here that the Qur’an was not really held in a positi...
| Autore principale: | |
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| Tipo di documento: | Elettronico Articolo |
| Lingua: | Inglese |
| Verificare la disponibilità: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Pubblicazione: |
2022
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| In: |
Religions
Anno: 2022, Volume: 13, Fascicolo: 4 |
| Altre parole chiave: | B
Shari’ah
B Legal Theory B Jurisprudence B legal supremacy B Qur’an B Constitution |
| Accesso online: |
Volltext (kostenfrei) Volltext (kostenfrei) |
| Riepilogo: | While the traditional view of Islamic law (sharīʿah) and jurisprudence is to consider the Qur’an as the starting point for legal matters, followed by the prophetic tradition, and then resorting to various forms of "ijtihād", it is argued here that the Qur’an was not really held in a position of legal supremacy. Since the time of the earliest Muslim community, it is "ijtihād" that has created the criteria by which Qur’anic and even prophetic rules are to be kept, suspended, and contradicted. Therefore, the Qur’an is not viewed historically as having legal supremacy for Islamic law and is not considered similar to some constitutions, against which laws are measured. Hence, in modern-day Islamic legal discourse, it would not be unreasonable to argue that "ijtihād" has supremacy in Islamic law, giving some flexibility to Muslim communities in the evolution of such laws. |
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| ISSN: | 2077-1444 |
| Comprende: | Enthalten in: Religions
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| Persistent identifiers: | DOI: 10.3390/rel13040369 |
