An Introduction to Collective 

ljtihad (ljtihad Jama 'i): 

Concept and Applications 

AznanHasan 

Abstract 

This article explores the concept of collective ijtihad as a means 

of determining new judicial judgments. Accordingly, it analyzes 

the theoretical framework of this kind of ijtihad and its applica ­

tion by discussing the various institutions that practice it. .In gen­

eral, this article seeks to present this as a practical mechanism 

for ascertaining the Shari'ah's opinion concerning the Muslim 

ummah on a variety of current issues. At the outset, it will pre ­

sent briefly the controversy concerning the closure of the gate of 

ijtihad, for this kind of !Jtihad relies heavily upon our recogni­

tion that, thro ughout the history of lslamic law, jurists have 

never abandoned the task of ijtihad. 

The Controversy Surrounding the Theory of 

the Closure of the Gate of Ijtihad 

In his introduction, Joseph Schacht asserted that Islamic law is no longer 
relevant to modern life, due to its inflexibility and consequent inability to 
meet the constant changes therein. He stated further that the nature of 
Islamic law's unchanging principles had inevitably resulted in this situa­

tion. At the time of the classical jurists, although the nature of the system 

was the same, those involved in legal matters found a remedy for Islamic 

Aznan Hasan has a B.A. (Hons.) from al-Azhar, an M .A. from Cairo University, and is cur­

rently working on hi s Ph.D. in Islamic law at the University of Wales, Lampeter, England. 
I-le is a lecturer at the Ahmad Ibrahim Kulliyyah of Law. InternationaJ Islamic University of 
Malaysia, Selangor, Malaysia.