The Concept of Collective Ijtihād, its Need and Role in the Development of Islamic Law and Legislation in Modern Era

Abstract

In this paper, the concept of Collective Ijtihād has been analysed concerning its need, importance, and role in the development of Islamic Law and Legislation, particularly in the contemporary era. It has also been a subject of ongoing discussion among Islamic scholars and legal experts. Collective Ijtihād, which refers to the process of seeking Islamic legal solutions through consultation and reasoning by joint efforts of a group of scholars, has been proposed as a means of addressing the challenges faced in the development of Islamic law and legislation. This study also aims to examine and identify the challenges and solutions for its effective implementation and the challenges faced including a lack of consensus among Islamic scholars, limited involvement of the ‘Ulamā in the legislative process, resistance to change, and a lack of resources, etc. The study highlights the need and importance of Collective Ijtihād in providing a means of adapting Islamic law to the changing needs and circumstances of society while preserving its fundamental principles. This study provides recommendations for overcoming these challenges, including encouraging consensus among Islamic scholars, increasing the involvement of the Islamic Scholars (‘Ulamā) in the legislative process, addressing resistance to change, and providing resources for the implementation of Collective Ijtihād. It is concluded that Collective Ijtihād is essential for the effective development of Islamic law and legislation in the contemporary era. The collective mode of Ijtihād can play a critical role in ensuring the continued relevance and vitality of Islamic law in the 21st century.