Asalatu `l-Bara`ah means the principle of relief. This procedural rule is applied in a case that has not been explicitly or implicitly mentioned in Sharia sources. Asalatu `l-Bara`ah says that since Sharia has no opinion on this issue, Muslims are free to do what they want. For example, when it comes to the issue of smoking, the Mujtahid finds no opinion on this in Sharia sources. In such a case, he would apply the principle of discharge and say, “Smoking is not haram.” The imams of Ahlul-Bayt had planned the cover time and prepared their followers for the situation in which they would not be in direct contact with their imam. This preparation was done by training Shiites in the science of Islamic law, or in other words, in ijtihad. Ijtihad is an essential phenomenon for the survival of Islamic Sharia during the occupation of the Imam (a.s.). Without the ijtihad system, we would not be able to apply Islamic laws in the changing circumstances of human society. The word is derived from the three-letter Arabic verb root of ج-ه-د J-H-D (jahada, “fight”): the “t” is inserted because the word is a verb derived from radical VIII.
In its literal sense, the word refers to the physical or mental effort devoted to a particular activity. [1] In its technical sense, ijtihad can be defined as a “process of legal reasoning and hermeneutics by which the jurist-mujtahid derives or rationalizes the law on the basis of the Qur`an and Sunnah.” [5] Dalil Shar`i or legal evidence. The Dalil Shar`i consists of the Quran and the Sunnah – the two main sources of Sharia. The Dalil Shar`i is divided into two parts: (a) Oral evidence such as Ur`an and Hadith. (b) Non-oral evidence such as the practice of ma`sum and its “tacit approval” of the act performed in its presence. The silent approval of a ma`sum is called a “taqrir.” But even non-oral testimony reaches us through the oral accounts of witnesses; Therefore, for all intents and purposes, oral and non-oral testimony are at the same level. As the practice of ijtihad changed over time, it became the religious duty of a mujtahid to make legal decisions for Muslim society. Mujtahid is defined as a Muslim scholar who has fulfilled certain requirements, including a solid knowledge of the Quran, Sunnah and Arabic, as well as a deep understanding of legal theory and precedents; All this allows them to be considered fully qualified to practice IJTIHAD. [12] 2) The dispute between the prophets Suleiman and Dawud In the Qur`an, al-Shafi`i actually comments on his al-um in reference to what al-Hassan said: “In this verse, Allah praises the one who was right and praises the other for trying to attain good judgment (ijtihad).” Shia jurists did not use the term ijtihad until the 12th century. But they used a rational form of legal reasoning from the beginning, and their scope was not limited as in the Sunni tradition, with the exception of Zaydi jurisprudence.
[1] Since relatively few verses of the Qur`an have explicitly legal content, situations have arisen in which the scope of Islamic law has had to be extended. First, jurists turned to Muhammad`s words. Then they used analogies (qiyas), although all the conclusions that were subsequently made were subject to ijma` or the consensus of their fellow lawyers, if not all Muslims. If these processes still did not solve the problem they were examining, the scholar strove to draw a position compatible with the ethics, ethics and spirit of Islam. No conclusion that clearly contradicts an accepted Islamic position would be acceptable. The validity of a decision derived from ijtihad was essentially based on the scholar`s personal reputation for piety and scholarship. However, to be recognized in the body of law, other lawyers also had to express their consent. Rippin thus explains that ijma` (consensus) was the principle that ultimately confirmed ijtihad, as was the use of analogies: “If no dissenting voices were heard in the time of the next generation, then one could assume that ijma` had upheld a decision.” [2] The process of deriving Sharia from their sources is based on two main branches of Islamic sciences: usulu`l-fiqh and fiqh.
“Usulu`l-fiqh” is the science of the Sharia derivation method – this is the methodology of ijtihad. “Fiqh” is the practice of ijtihad – it is the process of deriving Sharia. In usulu`l-fiqh, the Mujtahid studies the method of ijtihad; In fiqh, he uses this method to derive Sharia law. Thus, usulu`l-fiqh is the theory of ijtihad, while fiqh is the practice of ijtihad. Over the past decade, a number of voices have been raised calling for reform of usul al-fiqh for the purpose of a neo-ijtihad methodology. These include the Salafist movement or movements that began in the 18th and 19th centuries. However, these movements and reformers are still without methodological and philosophical foundations. Those who oppose neo-ijtihadism conclude that “only the process of ijtihad used by the Sahabah, Tabiun and Tab`Tabiun35 depended solely on the practice based on the Qur`an, the Sunnah and the behavior of the Prophet.” 36 In their view, it is not appropriate to throw away a thousand years of scholarship and reinvent the wheel.37 What we have mentioned above clearly shows that ijtihad for the eternity of the Islamic legal system. Shia Muslims understand the ijtihad process as an independent effort to arrive at the rules of Sharia. After the death of the Prophet and after judging the Imam absent, ijtihad developed into a practice of prudent reason to reveal knowledge of what the imams would have done in certain legal situations. The decisions made by the imams were explored through the application of the Qur`an, Sunnah, Ijma and `aql (reason). It was not until the late eighteenth century that the title of Mujtahid was associated with the term faqih or someone who is an expert in jurisprudence.
Since then, the number of religious courts began to increase and the ulema have been transformed by the Shia Islamic authorities into new producers of ijtihad. [28] In order to produce astute mujtahids who could fulfill this important role, the principles of Shia jurisprudence were developed to provide a basis for the scientific deduction of Islamic law.