نوع مقاله : مقاله پژوهشی
1 استادیار دانشگاه تهران
2 دکترای فقه شافعی دانشگاه تهران
عنوان مقاله [English]
Ibn Hazm, Ali Ibn Ahmad (384-456 AH. 994-1064 AD), an Andalusian jurisprudent in the 5th century (AH.), was a leading proponent and codifier of the Zahiri school of Islamic thought. In his view, Ijtihad is the effort for finding Sharia laws from the manifest (zahir) meaning of Islamic texts and Ijtihad is compulsory for common people. His thought is based on the three principles: “the existence of all Sharia laws in the manifest (zahir) meaning of Islamic texts”, “the necessity of learning Sharia laws for every Muslim” and “prohibition of imitation (taqlid)”. He believed that Ijtihad of common people means trying to find religious rules through referring to scholars. In this article, through a library research in analytical-descriptive method, “Ijtihad of common people from the viewpoint of Ibn Hazm” has been explained and evaluated and it has been mentioned that if we believe that “all of the Sharia laws exist inside the Islamic texts”, it means that all of the subjects which are not directly mentioned in Islamic texts are permissible (mubah), and it is not compatible with the age of the companions (sahabah) and all the ages after them, and interpretation of a jurisprudent from the texts is inevitable and it is considered a proof, at least for the jurisprudent himself. The right of common people to select their trusted jurisprudent is a kind of effort, but considering the act of asking a jurisprudent about Sharia laws as Ijtihad, is not exact and it is not commonly observed in the works of scholars of jurisprudence and principles, and sometimes it can lead to social and devotional problems whose damage is far beyond the acceptance of imitation.