Originally Posted by abdul-azeem
3) Then, there are articles that promote dynamism and ijtihaad for an ulterior purpose such as changing the Shar'a of Islaam in the context of the modern world. For instance, the need for ijtihaad with a new perspective on the issue of homosexuality (of course, this is one the extreme examples) or the need for ijtihaad because of the alleged cultural background of scholars and the influence of male chauvinism (sp?) behind the rulings regarding Hijaab. This shows me the extent to which the concept of Ijtihaad and promotion of such can be misused.
I've been rereading Bilal Philips book "The Evolution of Fiqh". SubhaanAllaah, there's such a big difference between just reading a book and really studying it. It almost feels like I'm reading it for the first time.
On page 26, the author, hafithahullaah, says that we can often find the rationale or wisdom behind a particular Islaamic ruling specifically stated in the Qur'aan and/or Sunnah. He then explains that these rationales were stated to indicate that the presence of the ruling is dependent upon the reason behind it. If the benefit is continuous then the law is contiuous but if the circumstances change and the reason behind the rule no longer exists then the ruling should be changed. He gave the example of 'Umar (RA) when he cancelled the distribution of zakaah assigned for the encouragement of non-Muslims to accept Islaam. The need was no longer there, since Islaam was already firmly established by 'Umar's time.
I can see how people can incorrectly use this to change rulings like, for example, the need for women to wear hijaab in a non-Muslim country. I'm wondering, what are the guidelines for discerning whether the wisdom behind a hukm still exists in a given situation or not? What do the scholars base this conclusion on?
I also wanted to ask for a few specific examples of how the Prophet (SAS) taught his sahaabah to make ijtihaad. This is what the book mentions already: 1. the Prophet's (SAS) advice to 'Alee to listen to both sides before making a judgement and 2. a hadeeth teaching how ijtihaad must be based on true knowledge. (p. 35)
wa jazaakum Allaahu khairan