Its superiority over other schools of fiqh...
Its superiority over other schools of fiqh, whose doors were closed after the death of their founders (namely, Abu Hanifah al-Nu'man ibn Thabit, the founder of Hanafi School; Malik ibn Anas al-'Asbahi, the founder of the Maliki School; Muhammad ibn Idris al-Shafi'i,the founder of the Shafi'i School; and Ahmad ibn Hanbal, the founder of the Hanbali School), lies here.
(An exposition of this issue from various aspects and a critique of the speech of the editor of the Kuwaiti journal al-Mujtama`, Isma'il al-Shatti, delivered at the U.A.E. university on Nov. 1, 1982, wherein he denounced the claim about the continuity of ijtihad as a `conspiracy against the faith,' will come in our article on the epochs of ijtihad.) Main Topics of Discussions We shall deal with the following topics in this study: The lexical meaning of the word `ijtihad'.
The meaning of ijtihad in the utterances of the Prophet (S). The technical meaning of the term ijtihad. Two different meanings of ijtihad as a technical term used by Muslim fuqaha'. Acceptance of ijtihad as an independent source of law in Sunni fiqh. Causes of the emergence of ijtihad bi al-ray and other conjectural instruments among the Ahl a1-Sunnah. Arguments offered in favour of ijtihad bi al-ray and their refutation. The beginnings of ijtihad in the sense of ray.
The period during which ijtihad bi al-ray was known as tawil. The continued use of the term ijtihad in the sense of ray. Change in the meaning of ijtihad from its original sense of ray. The meaning of the term ijtihad. The difference between the two meanings of ijtihad from the point of view of the effects and consequences of each of them. Delimiting of the new meaning of ijtihad by al-Muhaqqiq al-Hilli. The times since when the Shi'ah and the Ahl al-Sunnah felt the need for ijtihad.
Ijtihad in the days of the Imams (A). Ijtihad, a perennial spring of Islamic fiqh. The first legist who opened the doors of Shi'i ijtihad. The difference between the styles of ijtihad during the period of the Major Occultation and afterwards. The development of ijtihad in Sunni fiqh. The decline of ijtihad in Sunni fiqh. The impact of the backwardness of Sunni fiqh on the Sunni society. The Akhbari stand against ijtihad. The factors and causes behind the Akhbari rejection of ijtihad.
Wahid al-Behbahani's crusade against Akhbarism. The factors and causes behind al-Behbahani's success and advancement. The synthesis of Akhbari and Usuli outlooks regarding ijtihad.