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Diligence

Course Description: This course covers the reality of ijtihad, its conditions, rulings, and what relates to contemporary issues and collective ijtihad. It also covers the reality of taqlid, its rulings, the reality of contradiction and tarjih, their rulings, and scholars' methodologies in ordering evidence.

Credits: 2

Objectives of the course :

1. Understanding the reality of Ijtihad, its conditions, and its rulings.
2. Understanding the reality of imitation, its rulings, and its types. .
3. Understanding the reality of contradiction and preference, the scholars' methodologies in dealing with them, and their rulings.
4. Knowing the reality of the order of evidence, the scholars' methodologies in it, and its impact.

Course outputs :

Knowledge and understanding:
1. The student will become familiar with the reality of ijtihad, its degrees, and its most important issues.
2. The student will recognize the reality of imitation and fabrication, and their most important issues.
3. Knowing conflicts and their resolution, and the ways conflicts between evidence arise.
4. Understanding methods and types of weighting evidence.
Skills:
The student will compare methods for resolving contradictions.
The student should be able to deduce the methods of tarjīḥ and their conditions. .
To analyze the conditions of ijtihad and their effect on its regulation.
4. To strive to derive rulings on emerging jurisprudential matters from their usul (foundational principles).
Values, autonomy and responsibility:
The student must adhere to Islamic standards and values. .
2- To know how to deal in group situations for decision-making and problem-solving
3 - The student will be able to deal with information sources and their analytical tools, balance judgments and opinions, and choose the most correct option from multiple choices.

Additional information:

Course Topics:
First: The reality of ijtihad, its conditions, and its rulings.
The reality of Ijtihad and the difference between it and what is mistaken for it: such as legislation, opinion, fatwa, and judgment.
2- Pillars of Ijtihad, its conditions, and the required amount in each.
3- The ruling on ijtihad.
4. Sections of Ijtihad based on multiple considerations. .
5- The Ranks of Ijtihad, Types of Mujtahids, and the Conditions for Each Type. .
6- The meaning of fragmentation of Ijtihad, its ruling, and its jurisprudential effect.
7- Ijtihad During Revelation: The Ijtihad of the Messenger (peace be upon him) and the Ijtihad of the Companions.
8. The meaning of correctness and error in ijtihad, and whether every mujtahid is correct.
9 – What Permitting Ijtihad and What Does Not, and its Effect on Denouncing Opponents.
10 - (Overturning Juristic Reasoning): Cases in which juristic reasoning can be overturned, and cases in which it cannot.
11- The Mujtahid's position when evidence contradicts his own.
12- Situations in which a mujtahid must follow his own opinion, and situations in which he is not obligated to do so.
13- The multiplicity of the Mujtahid's opinions and what is attributed to him from them.
14- The meaning of jurisprudential deduction and its rulings.
15 - Change in Ijtihad.
16- Defining new issues (Nawazil), and the methodology and its controls for examining them.
17. The meaning of collective ijtihad, its importance in the present era, and its contemporary examples, such as Fiqh councils.
18. Applying what the student has learned in ijtihad to a number of jurisprudential branches and new issues.
Second: The reality of imitation, and its rulings.
1. What is meant by imitation, and the difference between it and following.
2- Its conditions, ruling, and types.
3. Issues Where Imitation is Permissible and Issues Where It is Not.
4- What the layman must do when there are multiple mujtahids.
5- The correct stance on taking concessions, and the ruling on seeking them out.
6- The reality of fabrication and its rulings.
7. The Reality of Madhhabs, their Rulings, and their Boundaries.
8. Requiring adherence to a specific legal school of thought in the judiciary.
Third: The reality of contradiction and preference, and their rulings.
Introduction to contradiction and preference, and their scope
2 - Types of conflict between Islamic legal evidence.
3. Methods specified for resolving contradictions between Islamic legal evidence.
4- Conditions of conflict.
5. Scholars' approaches to resolving contradictions.
6- Conditions of preponderant evidence, and its ruling.
7- Methods for reconciling conflicting transmitted evidence (from the perspective of the chain of transmission, from the perspective of the textual content, and from the perspective of an external factor).
8- Methods of reconciling conflicting rational evidence (analogies).
9- The Impact of the Discussions on Contradiction and Preference on the Reasons for jurists' Differences.
10- Ordering of Evidences and Its Importance in the Chapter of Contradiction and Preference, and it includes:
– The meaning of ordering evidence, and its importance.
– Approaches of scholars in ordering evidence.
11. Applying what the student has learned in reconciliation and preference to a number of texts that appear to be in conflict.

Last updated: 2026-04-27