Ijtihad: Its Meaning, Sources, Beginnings and the Practice of Ra'y
Title
Section 1
Introduction
Main Topics of Discussions
The Term Ijtihad
Ijtihad in the Utterances of the Prophet (s)
Ijtihad in the Utterances of Some Sahabah
Ijtihad in the Utterances of the Imams (A)
Ijtihad as a Technical Term
Critique of the Above Definitions
Second Definition of Ijtihad
Third Definition of Ijtihad
Fourth Definition of Ijtihad
Fifth Definition of Ijtihad
Two Different Conceptions of Ijtihad
Ijtihad as an Independent Source in Sunni Fiqh
Section 2
The Holy Qur'an as the First Source of Ijtihad
Sources of Ijtihad
Works on Qur’anic Fiqh
Legal Deduction from the Qur’an
The Authority of Zawahhir al Qur’an
Qur’an on Muhkamat and Mutashabihat
Hidden Meanings of Qur’anic Verses
Qur’an and Khabr al-Wahid
Role of Exegesis in Legal Deduction
Comprehensive Character of the Qur’an
Section 3
Factors Responsible for Emergence of the Practice of Ra'y
The Factors Which Generated New, Contingent Issues
The Shi'i Encounter With New Problems
Different Points of View Among Ahl al‑Sunnah
Ra'y
and Shi’i Ijtihad
Arguments in Defence of Ra'y and Their Refutation
1. Arguments Based on the Quran
2. Arguments Based on the Tradition
Critique of the Tradition Narrated about Mu'adh
Consequences of the Tradition About Mu'adh
Critique of the Second
Riwayah
Critique of the Third
Riwayah
Critique of the Fourth
Riwayah
The Emergence of
Ijtihad bi al‑Ray
The Term
Ta’wil
During the Days of the
Tabi’un
The Use of "
Ijtihad
" in Another Sense
The New Denotation of
Ijtihad
Difference between the Two Conceptions and its Consequences
Delimitation of the Meaning of Ijtihad by al‑Muhaqqiq al‑Hilli
Section 4
The Beginnings of Shi’i Ijtihad
The Qur'an as the Source of Law
Difficulty of Utilizing the Sunnah
The Need for Ijtihad amongst the Shi’ah
Difference between Shi’i and Sunni Ijtihad
Ijtihad during the Era of the Imams
Ijtihad, a Perennial Spring
The Source of Inadequacies
Qualifications Required for Ijtihad
The Closure of the Gates of Ijtihad
Difference of Viewpoints
Traditional or Progressive Fiqh
Ijtihad, Legislation and Tajdid
The Practice of Ijtihad
Development of the Theory of Ijtihad