أصول الاجتهاد عند الإمام ابن حزم الأندلسي وأثرها في الاجتهاد المعاصر

Abstract

The sources of Ijtihad recognized by Al-Imam Ibn Hazm are limited to two primary sources and their extensions. The two sources are Al-Qur’an and the Sunnah while the extensions are the consensus of legal opinion (Al-Ijma‘),Istihab (presumption of continuity) and Al-Dalil. The methodology adopted by Al-Imam Ibn Hazm in the utilization of these sources is strict adherence to the exoteric meanings of the texts. These include the rejection and refutation of analogy (Qiyas) and all forms of human criteria as an authoritative source of Shari‘ah. It is a position dubbed by the mainstream advocates of Islamic Law as rigidity and literalism. Rigidity is in the strict adherence to only the Qur’an and the Sunnah, and literalism is with respect to literal interpretation of their provisions. However, by shedding light on the sources of Ijtihad and methodology adopted by Ibn Hazm through this study, the opportunity was afforded to find out that Ibn Hazm depended on the texts as well as the esoteric meanings of the texts, also included rational principles which are determined by self-evident truth of the intellect, and reliance on the principles through which Fiqh decisions are based on realization of benefit and application of the objectives of Shari’ah. The practical examples supporting all these are provided in the chapters of this dissertation. In addition, Imam Ibn Hazm methodology of Ijtihad is of great contribution in contemporary Ijtihad. It is because his juristic opinions are considered in addressing contemporary issues, especially in contemporary legal decisions on transactions and the Criminal issues. Based on this, the difference in methodology, not withstanding, can be said with certainty that, the Ijtihad methodology of Imam Ibn Hazm is complementary to the mainstream methodology as the difference has little or no impact at all in arriving at legal decisions.