Legally considered personal reasoning (اجْتِهَادٌ مُعْتَبَرٌ)

Legally considered personal reasoning (اجْتِهَادٌ مُعْتَبَرٌ)


أصول الفقه

المعنى الاصطلاحي :


Legally accepted personal reasoning whose general and special conditions are fulfilled.

الشرح المختصر :


"Ijtihād mu‘tabar" (legally considered personal reasoning): Scholars divide "ijtihād", in terms of lawfulness, into two categories in the Shariah: 1. "Ijtihād mu‘tabar" (legally considered personal reasoning), which is done by qualified practitioners whose conditions are fulfilled. It has two types of conditions: a) General conditions: sanity, being of age, being Muslim, and uprightness. b) Specific conditions: ability to examine and reflect, knowing the ways of reasoning, knowing the rules and tools of extrapolation (such as the Qur’an, the Sunnah, Arabic, the principles of Islamic jurisprudence, etc). 2. "Ijtihād ghayr mu‘tabar" (personal reasoning that is not legally considered), which is done by the unqualified persons who are not familiar with the tools and methods of reasoning. This category is typical of whimsical choices and is thus counter to the truth that Allah sent down.