غیر منصوص مسائل میں اجتہاد کی مشروعیت اور مقاماتِ اجتہاد کا اصولی تجزیہ

THE LEGITIMACY OF IJTIHĀD IN NON-TEXTUAL ISSUES AND A PRINCIPLED ANALYSIS OF THE DOMAINS OF IJTIHĀD

Abstract

Ijtihād has remained one of the most dynamic and indispensable mechanisms of Islamic jurisprudence, enabling Islamic law to respond effectively to emerging issues and changing social realities. The legitimacy and scope of ijtihād, however, are governed by well-established principles that distinguish between matters open to juristic reasoning and those determined conclusively by the primary sources of Sharīʿah.

This study examines the legitimacy of ijtihād in non-textual (ghayr manṣūṣ) issues and provides a principled analysis of its proper domains within the framework of Uṣūl al-Fiqh. Employing a qualitative and analytical methodology, the research investigates the evidences supporting ijtihād in matters lacking explicit textual rulings, drawing upon the Qur'an, the Sunnah, the practice of the Companions, and the opinions of classical jurists. It further identifies the categories in which ijtihād is impermissible, including definitive Qur'ānic texts, mutawātir Sunnah, definitive consensus (ijmāʿ qaṭʿī), conclusive analogical reasoning (qiyās jalī qaṭʿī), established legal maxims, rational certainties, linguistic and empirical facts, and essential theological doctrines. The study also explores the juristic disagreement concerning certain domains, such as khabar mashhūr, khabar āḥād, and various forms of qiyās, while clarifying the circumstances under which ijtihād remains valid in contemporary non-textual issues.

In addition, it critically examines the concept of partial ijtihād (tajazzī al-ijtihād), presenting the major scholarly opinions and evaluating the strongest view in light of classical juristic principles. The study concludes that ijtihād is both legitimate and necessary in matters for which no definitive textual evidence exists, provided that it is exercised by qualified jurists within the methodological boundaries established by Islamic legal theory. Such disciplined ijtihād preserves the authenticity of Sharīʿah while ensuring its continued relevance in addressing contemporary legal and societal challenges.