al-Majami al-Fiqhiyya wa Atharuha fi al-Ijtihad al-Muasir

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al-Majami al-Fiqhiyya wa Atharuha fi al-Ijtihad al-Muasir

al-Majami al-Fiqhiyya wa Atharuha fi al-Ijtihad al-Muasir wa-l-Tatalluʿat li-Majmaʿ Fiqhi Manshud (The Fiqh Academies, Their Impact on Contemporary Ijtihad, and Aspirations for an Ideal Fiqh Academy) is a contemporary treatise on collective legal reasoning (ijtihad jamaʿi) and institutional Islamic jurisprudence by Ghanim Ghalib Ghanim, completed in 1428 AH (c. 2007 CE) and reviewed by Dr. Muhammad Assaf, professor of jurisprudence and legal theory at Al-Quds University .

Background and Methodology

The work was authored by Ghanim while serving as imam of the mosque of Deir Ibziʿ in the Ramallah governorate in Palestine . In his introduction, the author traces the impulse for establishing contemporary jurisprudence academies to the mid-twentieth century, highlighting the proposal presented by Mustafa al-Zarqa at the Muslim World League conference in Mecca in 1384 AH (1965 CE) to form an international fiqh council comprising both religious jurists and technical experts .

Ghanim notes that classical scholars did not write on institutional academies, making contemporary literature on their organizational history relatively limited; he draws in particular upon two earlier monographs—al-Ijtihad al-Jamaʿi wa-Dawr al-Majamiʿ al-Fiqhiyya fi Tatbiqihi by Dr. Shaʿban Muhammad and al-Ijtihad al-Jamaʿi fi al-Tashriʿ al-Islami by Dr. ʿAbd al-Majid al-Sawsawah—in addition to institutional web sources .

Structure and Contents

The study is organized in chronological order of institutional founding into six main chapters (mabahith), followed by a conclusion and reference indices :

  • First Chapter: Focuses on the Islamic Research Academy at Al-Azhar (Majmaʿ al-Buhuth al-Islamiyya), established pursuant to Egyptian law in 1381 AH (1961 CE), outlining its definition, internal departments, membership conditions, and achievements .
  • Second Chapter: Examines the Islamic Fiqh Academy affiliated with the Muslim World League (al-Majmaʿ al-Fiqhi al-Islami), including its origins, objectives, presiding scholars since its inception, achievements, and structural developments .
  • Third Chapter: Covers the International Islamic Fiqh Academy of the Organisation of Islamic Cooperation (Majmaʿ al-Fiqh al-Islami al-Duwali), detailing its founding, purposes, membership requirements, and major contributions .
  • Fourth Chapter: Surveys regional and specialized contemporary bodies: the Assembly of Muslim Jurists of America (AMJA), the International Union of Muslim Scholars, and the European Council for Fatwa and Research. It also notes the scarcity of available documentation on the Scientific Council in Simlak Surat, India (al-Majlis al-ʿIlmi fi al-Hind) beyond its publication of classical works .
  • Fifth Chapter: Explores the practical impact of collective legal decisions on contemporary issues, focusing particularly on novel questions in modern medicine and banking/economics due to the rapid technological and financial developments in both sectors .
  • Sixth Chapter: Discusses the importance and increased feasibility of collective jurisprudence in the modern era, laying out aspirations and recommendations for the duties and autonomy of an ideal, future fiqh academy .

The work concludes with an emphasis on preserving the independence of fiqh academies from state interference to maintain public trust in their religious verdicts, followed by dedicated indices for Quranic verses, prophetic traditions, references, and subject headings .

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