The Necessity of Ijtihad and Taqlid مقاله

خلاصه ماشینی:

The answer is that the religion of Islam, at the beginning of its legislation and emergence, has deemed ijtihad and the determination of duty towards the Sharia from the legislative texts permissible; even though this work, in all its stages of existence, does not transcend the level of conjecture (Zann) to the level of certainty (Yaqin); because for each and every Muslim who lived in the era of the Holy Prophet (peace be upon him and his family), it was not possible to receive the Sharia ruling directly from the person of the Holy Prophet (peace be upon him and his family) or from people about whose honesty and truthfulness there was no doubt; especially the class of women and those who lived far from Medina Munawwarah. From what has passed, we reach the conclusion that ijtihad and istinbat—meaning establishing proof to determine the practical stance of the mukallaf (obligated person) towards the Sharia—is an unquestionable matter and one of those axioms that cannot be rejected, denied, criticized, or questioned; because after it has become clear that Sharia rulings are not of such clarity and brightness that they do not require the establishment of proof, it is not reasonable to consider ijtihad in this sense as an illegitimate act; for considering ijtihad illegitimate would ultimately be equivalent to the neglect, suspension, and stagnation of the Sharia, and certainly, this would contradict the necessary ruling and the Sharia, and would be inconsistent with the eternity of the Sharia and the fact that the Sharia is the only means to solve problems, disputes, and contradictions in various domains of human behavior throughout history.