تجزئة الاجتهاد وتفعيلها في الجامعات الحديثة: دراسة تحليلية تقويمية

Abstract

This research sheds light on an important issue in Uṣūl al-Fiqh, which is “Partial Ijtihād” and its activation in the modern universities for Fiqh and Uṣūl al-Fiqh specializations. Muslim ummah is daily in a need for Mujtahidun who are able to derive rulings of modern contemporary issues faced by Muslims everyday individually and collectively. Due to the rare existence of the absolute Mujtahid (Mujtahid mutlaq), who is capable of conducting Ijtihād on all fields of Fiqh, scholars of Uṣūl al-Fiqh proposed “Partial Ijtihād”, through which a person can be Mujtahid on a specific area of Fiqh. In order to attain the level of “Partial Ijtihād” in a particular specialization, one needs to follow the conditions mentioned by the scholars of Uṣūl al-Fiqh. In searching for these conditions in universities curricula of Fiqh and Uṣūl al-Fiqh specializations, it is evident that a number of these conditions are unavailable. Thus, these universities are unable to produce graduates who can attain the level of “Partial Ijtihād” with its full uṣūli conditions, because this matter is not mentioned in the objectives of their curricula. To solve this problem and improve modern universities’ productivity; the researcher discusses the “Partial Ijtihād” from its theoretical point of view and suggests to activate the “Partial Ijtihād” in the departments of Fiqh and Uṣūl al-Fiqh, to ensure the universities are able to produce graduates who can attain the level of “Partial Ijtihād”. The researcher aims to propose a suggestion to combine between original traditional and modern approaches. Therefore, the researcher has analysed and took advantage of the teaching and learning methods of Fiqh sciences of the oldern days. Next, the researcher conducted a field study of the existing situation of the curriculum in the Department of Fiqh and Uṣūl al-Fiqh of IIUM to identify current problems and then provide appropriate solutions to reach the level of “Partial Ijtihād”. The researcher applied the inductive, analytical, and critical methods and personal interviews with specialists in this field. The researcher identified that strong evidences showed that “Partial Ijtihād” is permitted, and that the activation of this idea in modern university curricula has several problems such as lack of having the activation of “Partial Ijtihād” within the educational objectives, and not preparing the curricula and courses on the basis of producing graduates who reach the level of “Partial Ijtihād”. The researcher has proposed an integrated plan between tradition and modernity to resolve these problems. This plan can be adopted by the committees that set the curricula to activate the “Partial Ijtihād”. The researcher also discussed the expected results of activating the “Partial Ijtihād” at various levels.