A Review of Literature on Ijtihad and Taqlid in the Growth of Islamic Law: Challenges and Prospects in Modern Times

Abstract

Islamic law assists in the justice process since the classic era to modern times. This trend continues in nations with sizeable Muslim population that allows Islamic law on Muslim personal matters. However, the jurisprudence has quite a few mechanisms laid down to justice within the Muslim Ummah. This study attempts to discuss the avenues for obtaining the new rules and at the same time safeguarding the old rules to enable justice under Islamic law. Islamic law gives room to following a jurist ruling without probing the sources of the authority for the development of the Jurisprudence. This study examines the impact of Ijtihad and Taqlid so as not to be misused. Also, the paper examines concept Ijtihad and Taqlid and its relationship with Islamic law in modern era. The aim is to dissuade the problem of taqlid without proper ijtihad process. This paper discusses the concept of Maqasid Al-Shariah as part and parcel of Islamic law. This paper uses doctoral legal research to examine the discourse. This article makes useful recommendations on the way forward on Ijtihad and Taqlid on the growth of Islamic law in modern times.