TEMELJNI PRINCIPI IDŽTIHĀDA U ISLAMSKOM PRAVU (FIKHU) I ZNAČAJ NJIHOVE PRIMJENE U SAVREMENOM DOBU
THE FUNDAMENTAL PRINCIPLE OF IJJTIHAD IN ISLAMIC LAW (FIKH) AND SIGNIFICANCE OF THEIR APPLICATION I CONTEMPORARY TIME

Summary/Abstract: This paper elaborates ten crucial principles that should be the basis for ijjtihad in Islamic law (Fikh): 1. the principle of active ijjtihad, 2. the principle of considering the entire fikh heritage and braking loose with a blind devotion to any of the mezhebs, 3. the principle of understanding the essence of life conditions and circumstances, 4. the principle of understanding human needs in certain space and time, 5. the principle of focusing to solving the issues that concern a community’s attitude towards an individual, 6. the principle of applying a gradualness law, 7. the principle of consistent application of a rule that fetva is apt to change due to times and conditions, 8. the principle of consistent application of the Prophet’s practice in terms of alleviation instead of aggravating, 9. the principle of collective ijjtihad, 10. the principle of applying legal rules in the process of ijjtihad. This paper gradually puts in focus the importance of applying these principles during the process of orienting and maintaining ijjtihad in a right direction; the direction that would give it vitality and enable it to constantly offer good solutions to people, to successfully solve contemporary issues relying heavily on the general guidelines of the primary Shari’ah, Qur’an and Sunna sources.

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