اجتہاد میں تفرد اور شذوذ کا تصور : تحقیقی وتجزیاتی مطالعہ

The concept of Tafarrud (Deviation) and Shuzūz (Aberrancy) in Ijtihad: A Critical Study

Abstract

Ijtihad plays an important and basic role In Islamic legislation to meet the need of society. Demands of life change day by day thus it become necessary to take on the structural review of Islamic laws keeping in mind the spirit and discipline of Islamic Studies. The Muslim jurists have established and founded important bases and principles in the Jurisprudence and set upon deep principles for legislation and they have already singularity and uniqueness in many of judicial issues it is natural that there be difference of opinion between the jurists. It is called tafarrud when an opinion is far away from other opinions. Now the question is when the jurists dissent which legal opinion should be taken to act upon it if majority of legist have consensus on a certain issue and there are one or a few legists with a different opinion can Mufti in order to remove some difficulties based on that tafarrud or shuzuz? In this article it will be discussed about tafarrud and shuzuz and its rules.