Collective Ijtihād in Islamic Law: Origins, Methodologies, and Driving Factors

Authors : Md Noorul Qamar

Pages : 50-79

Doi:10.51575/atebe.1759643

View : 416 | Download : 582

Publication Date : 2025-12-29

Article Type : Research Paper

Abstract :This study examines the concept of collective ijtihād (original interpretation of problems not precisely covered by the basic sources of Islam) and the factors and motives that necessitated its emergence. Many issues brought about by the modern era are not adequately addressed in the works of earlier scholars. As a result, contemporary Islamic scholars have increasingly adopted a collective approach to ijtihād. This method brings together different Islamic jurisprudential schools of thought and scholarly perspectives in order to respond to modern challenges while remaining fully within the boundaries of the Qurʾān and the Sunnah. Through this approach, contemporary Islamic scholars have guided the Muslim community by identifying sharʿī (permissible) public interests and applying ḥukm (pl. aḥkām, Islamic ruling) in ways that accommodate societal needs within the limits of the Sharīʿah (Islamic law). Issues such as Islamic banking, Islamic insurance (takāful), Islamic political systems, and modern legislation exemplify areas requiring collective scholarly engagement. From the early twentieth century onward, these fields witnessed the emergence of organized movements advocating collective ijtihād, commonly referred to as al-ijtihād al-jamāʿī. One of the earliest scholarly articulations of this term is found in the work of the Syrian historian Rafīq Bey ibn Maḥmud al-ʿAẓm (d. 1925). His article Qaḍāʼu-l-Fardi wa-Qaḍāʼu-l-Jamāʿati fi-l-Islām (Individual Jurisdiction and Collective Jurisdiction in Islam), written in 1907 and published in al-Manār magazine in 1910, represents an early academic discussion of collective ijtihād. The primary objective of this article is to provide an analytical examination of the key factors and motives behind the rise of collective ijtihād in Islamic law. The study employs qualitative textual analysis of both classical and contemporary sources and presents the views of contemporary Islamic jurists on the factors and motives underlying collective ijtihād. It identifies and categorizes the major factors and motives that necessitated this development. In addition, it clarifies the definition of collective ijtihād and distinguishes it from related concepts such as individual ijtihād, ijmāʿ (scholarly consensus), and shūrā (consultation). The study concludes that collective ijtihād functions as a crucial mechanism for addressing complex legal and social issues in an increasingly cosmopolitan world. It further highlights the need for continued scholarly research to strengthen the role of collective ijtihād within Islamic law.
Keywords : İslam Hukuku, Kolektif İçtihad, Kolektif İçtihadın Kökenleri, Kolektif İçtihadın Yöntemleri, Kolektif İçtihadın Etken Faktörleri.

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