mujtahid - définition. Qu'est-ce que mujtahid
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Qu'est-ce (qui) est mujtahid - définition

ISLAMIC LEGAL TERM REFERRING TO INDEPENDENT REASONING
Mujtahid; Mojtahed; Independent legal reasoning in Islamic law; Independent Legal Reasoning in Islamic law; Gate of ijtihad; Gates of ijtihad

mujtahid         
[m?d?'t?:h?d]
¦ noun (plural mujtahids or mujtahidu?n) a person accepted as an original authority in Islamic law.
Origin
Pers., from Arab., active participle of ijtahada 'strive'.
Independent legal reasoning in Islamic law         
Ijtihad ( , ; lit. physical or mental effort) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question.
Ijtihad         
Ijtihad ( ; , ; lit. physical or mental effort) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question.

Wikipédia

Ijtihad

Ijtihad ( IJ-tə-HAHD; Arabic: اجتهاد ijtihād, [ʔidʒ.tihaːd]; lit. physical or mental effort) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (usul al-fiqh), and is not employed where authentic and authoritative texts (Qur'an and Hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (ijma). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called as a "mujtahid".

Throughout the first five Islamic centuries, the practice of ijtihad continued both theoretically and practically amongst Sunni Muslims. The controversy surrounding ijtihad and the existence of mujtahids started, in its primitive form, around the beginning of the sixth/twelfth century. By the 14th century, development of Islamic Fiqh (jurisprudence) prompted leading Sunni jurists to state that the main legal questions had been addressed and the scope of ijtihad was gradually restricted. In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the Muslim public that the so-called "gate of ijtihad" was closed at the start of the classical era. While recent scholarship established that the practice of Ijtihad had never ceased in Islamic history, the extent and mechanisms of legal change in the post-formative period remain a subject of debate. Differences amongst the Fuqaha (jurists) prevented Sunni Muslims from reaching any consensus (Ijma) on the issues of continuity of Ijtihad and existence of Mujtahids. Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries. Ijtihad was practiced throughout the Early modern period and claims for ijtihad and its superiority over taqlid were voiced unremittingly.

Starting from the 18th century, Islamic reformers began calling for abandonment of taqlid and emphasis on ijtihad, which they saw as a return to Islamic origins. Public debates in the Muslim world surrounding ijtihad continue to the present day. The advocacy of ijtihad has been particularly associated with Islamic modernist and Salafiyya movements. Among contemporary Muslims in the West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical methodology.

Shia jurists did not use the term ijtihad until the 12th century. With the exception of Zaydi jurisprudence, the early Imami Shia were unanimous in censuring Ijtihad in the field of law (Ahkam). After the Shiite embracal of various doctrines of Mu'tazila and classical Sunnite Fiqh (jurisprudence), this led to a change. After the victory of the Usulis who based law on principles (usul) over the Akhbaris ("traditionalists") who emphasized on reports or traditions (khabar) by the 19th century, Ijtihad would become a mainstream Shia practice.

Exemples du corpus de texte pour mujtahid
1. The hearsay to which we are used has always claimed that the unanimity was that of the mujtahid faqihs scholar practising interpretative jurisprudence in one of the eras, but when we read the Koran we do not find any trace of this, and hence we stop reading.
2. "And in a war he who fights has the authority to decide what action is best, leaving the final judgment to The Most High." Shaikh Mohammad Hussain Fadhlallah, the spiritual leader of the Lebanese Hezbollah, however, says that combatants do not have such authority and should refer each case to an authorised mujtahid (guide). He is uncomfortable by the fact that the majority of those killed by insurgents in Iraq are Shiites such as himself.