Independent Judgment by the Unqualified and its Impact on the Creation of Extremist Thought

Critical, independent judgment in juridical matters (ijtihad) is one of the foundations of Islamic law, and the third source of legislation after the Holy Quran and the Prophetic tradition, which help Muslims identify and understand Islam’s verdicts in modern issues. However, a misconception of the necessary provisions of independent judgment can contribute to extremism, and thus we must demonstrate who is eligible to practice independent critical judgment in jurisprudence. The importance of this research lies in demonstrating independent judgment’s eligibility and restrictions, so as not to neglect legal provisions in the name of modern interest.

To illustrate this, Dr. Ali Hussein Ali, divided his research into five sections:

I. Independent judgment’s conditions of eligibility.

II. Types of independent judgment.

III. What should the legist pay attention to when issuing independent judgment?

IV. “Extremist’s eligibility disorder”, and the models that explain and criticize that.

V. The consequences of these interpretations.

Paper presented to: The Conference of Terrorism Between the Extremes of Thought, and the Thought of Extremism – Islamic University in 1430.