Imam Khomeini’s view on Ijtihad and pure traditional...
Imam Khomeini’s view on Ijtihad and pure traditional jurisprudence Deceased Imam (RA) with regard to all aspects of this jurisprudential thought, wrote in response to one of the scholars of Qom: “And the proof at shooting and horse-riding competitions belongs to archery and horse-riding and anything like that and it is the same today.
As you, Your Excellency, understand from hadiths and narrations, the new civilization must be completely destroyed and the people must be homeless or live in the desert forever.” And then he writes about the legitimacy of the Anfal [1] on the Shiites: “Anfal, which has become halal for the Shiites, even today, the Shiites can destroy the forests and destroy what is causing the health of the environment without any obstacles with so-called machines!
And endanger the lives of millions of people and no one has the right to stop them!” He opposes the deficiencies of Shiite jurisprudence as he said that Shiite jurisprudence is the richest in the world.
Rulings on upcoming issues The existence of upcoming issues at any time does not mean that these matters do not have rules and regulations in Islam; therefore, as stated before, there is no occurrence without law; Rather, all these matters are subject to the generalities and principles of Islamic law.
It is the duty of the faqih and the mujtahid to apply the general rules to the details and to refer the branches to the principles by accurately recognizing the two elements of time and place in ijtihad; As Imam Reza and Imam Sadiq (peace be upon them) said: “We have to lay down the fundamentals and you have to branch out.” Shahid Motahari, in his commentary on the written of Imam al-Mahdi (as) who said: “For the upcoming issues refer to narrators of our hadiths” writes: ” the upcoming issues are fresh matters that time to time and century to century happen … and Islamic jurists came to answer.” Lack of authority of ijtihad of the personal verdict Imam Khomeini’s jurisprudential thought about the role of time and place in ijtihad does not mean that he, like Sunni scholars, believes in taswib (ratification) or considers ijtihad by the personal verdict to be valid, because taswib is valid when there is a legal vacuum, and according to Shiite jurists, there is no legal vacuum; Likewise, ijtihad by the personal verdict is usually practical when there is a legal vacuum so that “ijtihad by the personal verdict” emerges and plays a greater role.