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Was the Ijtihad (Case Law) Gate Closed? Prof. Dr. İbrahim Maraş During the time of the Prophet, Muslims were solving their problems by asking him. However, following the death of our prophet, Muslims faced some problems. Geographies expanded, customs changed, societies expanded, and the necessity of case law / ijtihad emerged. Ijtihad is that Muslims come up with new solutions to the events they are facing, based on Islamic thought. But two schools were born here. Some tried to devise these solutions by taking into consideration social differences, that is, taking into consideration the affairs, social conditions, customs and reason, and some of them applied their view of the Qur'an in the same jurisprudence. What it said in the Qur'an is true, and therefore there is no need to interpret. For example, let's give a simple example, Ahmad bin Hanbal said I will never eat watermelon because I don't know how our prophet ate watermelon. Consider this. Even in the simplest case, the prophet is cited. There are similar cases nowadays as well. If you ask a man about his attire walking in the street he says this is the outfit of Islam. However, Islam does not have an outfit. Islam has only indicated places to be covered. Islam left the rest to you. If you're in Japan, you'll wear Kimono, if you're in Russia-it is a cold climate- you'll wear woolen or leather clothes. Thoughts like pants are not Islamic are absurd. It was the Turks who first invented pants. Because you cannot ride a horse otherwise comfortably. Your geography is not suitable for this. Therefore, while there should be no such thing as the closure of case law / ijtihad gate, and when Muslims have not had the slightest arguments in the first period we call the first mujtahids, Abu Hanifa, Imam Shafii and Imam Malik, a tendency formed after the century in which these scholars lived; big scholars no longer grow after them, let's continue by taking the basis of what they produced, and only create new sectarian case-law confined to the parameters of a given sect. Although there were hundreds of sects at that time, we are referring to the four main sects that came to us. Then they said ok case law / ijtihad gate is generally closed, a new mujtahid will not emerge, but there can still be a mujtahid that’s confined to a specific sect. In actuality, the jurisprudence door was never closed in terms of allowing mujtahids that work within the confines of a specific sect, but since it was accepted that core jurisprudence was fixed, unfortunately the jurisprudence / ijtihad door practically closed after fourth century hijri. Jurists also accept this. The conditions for bringing a newly-born scholar to make ijtihad are such that they are almost expected to be able to fly in the air, so to speak. However, they need not be made so difficult. If he knows the classical sources, if he knows the Qur'an, the Sunnah, if he knows Arabic, he knows the rules of law, this person can make case-law easily. As a matter of fact, in today and in history, there has always been those who produce in-sect and non-sectarian case-law although rarely. That's why the closure of the Ijtihad gate in fact, is impossible socially or legally. However, the understanding that it is closed is a major impediment to Muslim progress and unfortunately causes the regression of the Islamic world.