فقہ واجتہاداتِ ائمہ کی قانون سازی

Abstract

Ijtihād either individual or collective, it has been conflicting for the very beginning that to which extent legislation of verdicts of Muslim jurists is allowed? There are two opinions prevalent about Taqnīn i.e. legislation of Islamic jurisprudence. Majority of Saudi scholars say that it is legally forbidden in Islamic Sharīʿa here as the majority of Egyptian jurists are of opinion that it is essential and a need for a modern day. Most of the Muslim countries are following Egyptian view by enforcing written constitutions and laws. The arguments of those scholars, who reason the nullity of Taqnīn, seem more convincing. Their base is Sharīʿa and also they gave logical, historical and observable evidences as well. Opponents have given evidences by quoting general principles of Maṣlaḥa, Sadd al-Dharāʾiʿ, and Istiḥsān and most of their argument is based on experience, logic and noticeable evidences