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A Critical Analysis Of The Claim That Absolute Juristic Interpretation (Ijtihād) Has, Moath Alnaief, Kotb Rissouni
A Critical Analysis Of The Claim That Absolute Juristic Interpretation (Ijtihād) Has, Moath Alnaief, Kotb Rissouni
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This article critically analyzes the dominant opinion prevailing regarding the foundation of Islamic jurisprudence (uṣūl al-fiqh) which states that absolute independent juristic interpretation (al-ijtihād al-muṭlaq al-mustaqill) is no longer possible. Therefore, based on the belief that this level of interpretation requires the creation of a unique method for deriving legal rules (istinbāṭ), a method that arguably ended with the founders of the primary schools of law. This research inspects a new interpretive method which was not developed by late scholars. Consequently, the article uses legal reasoning as an interpretive method to criticize the previous opinions regarding Islamic Jurisprudence by using …