📖 ABSTRACT/OVERVIEW
Ijtihad, the exercise of independent juristic reasoning to derive new legal rules for matters not explicitly addressed in the Quran and Sunnah, is both a jurisprudential mechanism and a contested institutional practice in contemporary Islamic legal scholarship. The degree to which Nigerian Islamic scholars and Sharia courts engage in genuine Ijtihad, as opposed to Taqlid (adherence to established school precedent), has critical implications for the adaptability of Nigerian Islamic law to contemporary social and economic challenges. This study analytically examines the theory and practice of Ijtihad in contemporary Nigerian Islamic jurisprudence. A doctrinal and institutional methodology is applied, reviewing classical Islamic legal theory on the conditions and levels of Ijtihad, analysing sixty judicial decisions from Sharia courts in Kano, Sokoto, and Zamfara from 2010 to 2023 for the presence of independent reasoning versus school adherence, and conducting structured interviews with twenty Islamic scholars and fifteen Sharia court judges on their jurisprudential methodology. The study evaluates the degree to which Ijtihad has been applied to contemporary questions including digital financial transactions, environmental obligations, and gender equality in employment. Available Nigerian Islamic legal scholarship identifies restrictive Taqlid as the dominant jurisprudential mode, limiting creative legal responses to contemporary challenges. The classical doctrine of the Mujtahid's qualifications and the concept of Ijtihad Jama'i (collective Ijtihad) provide the analytical framework. Findings are expected to reveal predominant Taqlid with selective individual Ijtihad. Recommendations address institutional support for collective Ijtihad, Mujtahid training, and contemporary Ijtihad documentation standards. Keywords: Ijtihad, independent reasoning, Nigerian Islamic jurisprudence, Taqlid, contemporary law.
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