Evolution of the Islamic Legal Reasoning (ijtihâd)

Ijtihad is among the titles in which all muslim thinkers (either Shi’iteor Sunnite) have interested. This term have been used by the Prophet(God bless him and his descendents) and other innocent Imams literally,i.e. as 'effort' and 'hard-working'. But there are some different views onthis word as a technical terminology and on its historical developmentand evolution. That the Prophet and his Companions have committed toijtihâd as a legal task is in question, too.Author tries to make clear that how this evolution occurred inShi’ism and Sunnism by explaining two kinds of ijtihâd: public andspecific. This term, in its general meaning, has been regarded asequivalent with terms such as analogy, approbation and inference. It hasbeen evolved during the Islamic history until in the 5th century, thegeneral and more extensive concept of ijtihad came into being. Yet, thereare some muslim thinkers who believe that the general concept of ijtihadhas been current from the very beginning, and deny the evolution of thisterm. But the definition of ijtihad by thinkers including Amidī rejectstheir view. The Shi’ite thinkers such as Seyed Murtiza, Muhaqiq Hillīand others have accepted the evolution of ijtihad. The important point towhich it should be referred is the fact that the development of thishistorical evolution in Shi’ism and Sunnism has been different.