Ijtihad (independent juristic reasoning)

Overview

The jurist's exertion of his utmost effort to derive the legal ruling from the legal evidences ¹. Al-Sayis holds it began in the age of revelation; its aim is to uncover God's ruling in the case, not to create legislation — binding on the mujtahid and his followers, bound by the Shari'a's general rules ². Its ways are many: taking the ruling from the texts' literal sense or from their rationale.

Equality in Islam

Muhammad al-Khidr Husayn holds that people are created alike in nature, then differ in social life, and that Islam set obligations on a basis of equal standing: no noble is privileged over a commoner, no ruler over the people, and piety does not change limits or rights (pp. 58-59). He argues from the brotherhood of believers, and from the Caliph Abu Bakr's principle that the strong is weak until right is taken from him and the weak is strong until he is given his right (pp. 60-61). He notes that a judge does not rule for himself and that Umar referred a dispute to a man of the people (p. 61). This is the author's reading of the texts and reports he cites. Muhyi al-Din Afifi Ahmad holds that people share one origin and so are equal in rights, duties and reward, and that colour, sex and language give no ground for distinction (pp. 113-114). He cites a hadith against wronging a covenanted non-Muslim (p. 114).

Ijtihad (independent juristic reasoning)

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Equality in Islam