. Assistant Professor at the Department of Jurisprudence and Law, Imam Sadiq (a) Research Institute of Islamic Sciences.
Abstract
The issue of "legislative ijtihad of the Holy Prophet" dates back to the early history of Islam. Some Sunni scholars believe that Prophet Muhammad (peace be upon him and his progeny), in some religious rulings where no revelation was revealed upon him, acted based on his own ijtihad (i.e. independent reasoning). The research problem is that the admission of legislative ijtihad in divine rulings undermines trust in the rulings taught by the Holy Prophet and opens the door to personal opinions and discretion in religious rulings. The aim of this paper is to examine the theory of "legislative ijtihad of the Holy Prophet" based on Quranic and narrative arguments and evidences, with emphasis on the views of Ibn Ḥazm Al-Andalusī and ‘Allāmah Ḥillī. The research method is descriptive-analytical and through utilizing library sources, the data is described and historical analysis of the research problem is made. The research findings in brief suggest that according to ‘Allāmah Ḥillī, the concept of legislative ijtihad of the Holy Prophet in an absolute sense is rejected, and is only acceptable in the case of divine permission and within the framework of principles of revelation. Ibn Ḥazm also believes that the narrations cited to prove the legislative ijtihad of the Prophet have weak chains of transmission and contradict the apparent meaning of the Quranic verses.
karshenas,A. (2024). The Legislative Ijtihad of the Holy Prophet – An Inquiry Based on the Views of Ibn Ḥazm Al-Andalusī and ‘Allāmah Ḥillī. Journal of Hikmat-e-Islami, 11(41), 169-187.
MLA
karshenas,A. . "The Legislative Ijtihad of the Holy Prophet – An Inquiry Based on the Views of Ibn Ḥazm Al-Andalusī and ‘Allāmah Ḥillī", Journal of Hikmat-e-Islami, 11, 41, 2024, 169-187.
HARVARD
karshenas A. (2024). 'The Legislative Ijtihad of the Holy Prophet – An Inquiry Based on the Views of Ibn Ḥazm Al-Andalusī and ‘Allāmah Ḥillī', Journal of Hikmat-e-Islami, 11(41), pp. 169-187.
CHICAGO
A. karshenas, "The Legislative Ijtihad of the Holy Prophet – An Inquiry Based on the Views of Ibn Ḥazm Al-Andalusī and ‘Allāmah Ḥillī," Journal of Hikmat-e-Islami, 11 41 (2024): 169-187,
VANCOUVER
karshenas A. The Legislative Ijtihad of the Holy Prophet – An Inquiry Based on the Views of Ibn Ḥazm Al-Andalusī and ‘Allāmah Ḥillī. Journal of Hikmat-e-Islami, 2024; 11(41): 169-187.
