Difference in Ijtihad from a Quranic Perspective (Commentary of Verses 78 & 79 of Sura 21)

Document Type : Research Paper

Author

Associate Professor, Faculty of Theology, University of Tehran

Abstract

Ijtihadin the realm of jurisprudence and Shari‘a leads to
difference of opinions. There is a disagreement whether
dispute over juristic problems is lawful, for Shari‘a has a
constant connection with individuals and social life. The
result of dispute over Shari‘a would be conflict and
separation in the social life and this makes differences of
opinions in juristic problems unlawful. On the contrary,
there is a perspective which on the one hand considers
unity of opinions impossible because of differences of
individuals, environments, and perceptions and on the
other hand treats unity of opinions undesirable; hence,
defends desirability of differences in opinions as to
jurisprudence and precepts and considers it lawful. The
latter relies on verses 78 and 79 of sura 21 which denote
differences of two contemporary prophets in judging one
particular case and, declaring differences of levels of
knowledge as well as abilities of prophets, considers
disagreement of judgments of prophets a practical pattern
for social life; it treats scholarly disagreements of scholars
in jurisprudence and precepts as the custom of scholars,
comments on those two verses, and defends disagreements
based on ijtihad – but negates disputes based on rebellion
and mutiny.

Keywords

Jurisprudence the Essentials of the Islamic Law
Volume 46, Issue 1 - Serial Number 1
Spring & Summer
April 2013
Pages 137-159

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