قطعی و ظنی نصوص میں اجتہاد کا دائرۂ کار: اصولِ فقہ کی روشنی میں ایک تحقیقی جائزہ

THE SCOPE OF IJTIHĀD IN DEFINITIVE AND SPECULATIVE TEXTS: A RESEARCH STUDY IN THE LIGHT OF UṢŪL AL-FIQH

Abstract

The scope of Ijtihād has remained a central subject in Uṣūl al-Fiqh, as it determines the extent to which juristic reasoning may be exercised in deriving legal rulings from the primary sources of Islamic law. The classification of Sharīʿah texts into definitive (qaṭʿī) and speculative (ẓannī) with respect to their authenticity (thubūt) and indication (dalālah) constitutes the principal criterion for identifying the legitimate domains of ijtihād. This study aims to examine the scope of ijtihād in light of the various categories of definitive and speculative texts and to analyze the juristic rulings governing each category within the framework of classical Islamic legal theory. Adopting a qualitative and analytical methodology, the research explores the five principal categories of legal texts, including qaṭʿī al-thubūt wa al-dalālah, qaṭʿī al-thubūt wa ẓannī al-dalālah, ẓannī al-thubūt wa qaṭʿī al-dalālah, ẓannī al-thubūt wa ẓannī al-dalālah, and the application (tanzīl and taṭbīq) of legal rulings to contemporary circumstances. The study demonstrates that ijtihād is impermissible in matters established by definitive authenticity and definitive meaning, whereas it remains valid in texts involving speculative authenticity, speculative indication, or issues requiring contextual application of established rulings. Furthermore, the research presents illustrative juristic examples that clarify the practical implications of these categories and highlights the methodological principles adopted by classical jurists in distinguishing the domains of certainty from those open to legal reasoning. The findings reveal that the proper understanding of the relationship between certainty and speculation safeguards the integrity of Islamic law while preserving its flexibility in addressing newly emerging legal questions. The study concludes that a principled application of ijtihād, grounded in the established rules of Uṣūl al-Fiqh, ensures both fidelity to the authoritative sources of Sharīʿah and the continued relevance of Islamic jurisprudence in responding to contemporary challenges.