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Religion & Law

: Constitutionally Correct

Grounding Non-Muslim Ijtihad (independent legal reasoning)

By Alliance Alert

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In Islamic law, ijtihad, or independent legal reasoning, has been limited to Muslims only in classical scholarship. Prohibition of non-Muslim ijtihad, either express or implied, constricts the potential to harmonize Islamic law with other legal systems and even raises human rights concerns. Using Islamic law scholarship and international treaties, this paper makes the case for permitting non-Muslim ijtihad.

Full post as published by Constitutionally Correct on January 09, 2009 (boomark / email).

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