Jurisprudence
Origins Of The Controversy Of Ijtihad
In a recently published article I have tried to show that, contrary to the widespread notion, the 'gate of ijtihad' was not closed, and that until the end of the fifth/eleventh century there was no reference in Islamic sources alluding to halting the practice of ijtihad.
A Turn In Twentieth Century Usul al-Fiqh
I argue here that an epistemological shift has taken place in twentieth century Usul al-fiqh: away from the classical/orthodox Ash'ari position in which the human mind simply discovers the divine law and extends it to new cases on the basis of consensus (ijmd') and analogical reasoning (qiyds); and toward a position in which reason is empowered to uncover the ratio legis behind the divine injunctions —a distinctly Mu'^tazili approach.
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