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The Impact of Ethics on Ijtihad and the Interpretation of Religious Texts from a Human Rights Perspective

2023 · The Encyclopedia of Comparative Jurisprudence and Law · Vol 1, pp. 32-50 · 0 citations

Abstract

Epistemological transformations in the modern era—particularly in the field of human rights—have revived the question of the relationship between ethics and religion in the process of understanding and deducing legal rulings. Ijtihad, as the dynamic mechanism of Islamic jurisprudence, has always required guiding principles to regulate interpretation and ensure compatibility with the exigencies of time. Within this framework, ethics can serve as a mediating factor between the divine text (nass) and the human interpreter. This article, employing an analytical–descriptive approach and drawing upon jurisprudential, legal-theoretical (usuli), and exegetical sources, examines the influence of ethical components on ijtihad and the interpretation of religious texts in light of human rights values. The findings reveal that ethics is not merely ornamental in the process of deduction; rather, it is a necessary condition for forming a more human-centered understanding of religion. Principles such as justice, human dignity, and the prohibition of harm (la darar)—as shared foundations between Islamic ethics and human rights—can play an effective role in reforming the method of ijtihad and preventing violence-oriented readings of religious texts. The results emphasize that by integrating moral rationality into the process of interpretation and deduction, it is possible to achieve a humane, dynamic, and dignity-oriented form of ijtihad—one that emerges from within the Islamic tradition while simultaneously converging with universal human values.

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