The Approach of Independent Reasoning(Ijtihad) Followed by Al-Allama Al-Hilli (May Allah sanctify his secret)

منهج الاجتهاد عند العلامة الحلي (قُدِّس سرُّهُ)

Abstract

The term (Independent Reasonong or Ijtihad)
has passed in several stages until it has reached
its present meaning. Ahlul-Bait (the Prophet's
household)(Pbut) established its rules in the Islamic
thought in general, and in the Shiite thought in
particular. As regards the jurisprudent subject of
the Ijtihad adopted by the Shiites, it proceeded in an
increasing way since the time of the Occultation of the Sunna(Prophet's sayings and doings). He also used
to oblige the dissenter to hold his own view so as
to eventually invalidate his evidence. He depended
in his comparative research on the narrations of
the common people, whose chain of authorities is
not considered an evidence. This dependence was his
means for obliging the dissenter to hold his own view
so as to blow up what he depended on. Moreover, he
used the means of refutation of the evidence and
presenting the new evidence. This technique is one
of the best deductive techniques in jurisprudence.
In the present paper we have reviewed the
characteristics of his methodology in his juristic
books in general. They are as follows: discussing
the ideas of the juristic schools and then refuting
them; the balance in presenting the legal judgment;
deducting the evidence through a Qur'anic verse or
a narration of Prophetic Hadith and the views of the
jurists; reviewing the ideas of the four doctrines, so
as to know the degree of agreement of their ideas
with the ideas of the Imamis. the twelfth Imam until the present time. Al-Allama
Al-Hilli is considered one of the great scholars
of Islamic law(Sharia), from whose valuable
compilations all the nation has benefited since
the time he wrote them. He was a jurisprudent, a
theologian, a philosopher and a leading scholar in
philology and principles of jurisprudence.
He was characterized by a unique juristic
methodology. In his juristic books he followed the
methodology of collecting and detailing the views
of the ancient Shiite jurists. He surveyed their
juristic ideas within his study of the problems they
showed differences about, rather than the problems
the agreed on. Then he reviewed the juristic problem
and mentioned the differences of the Shiite jurists
about it. Afterwards he gave preponderance to
what he saw convenient of those ideas, or chose
an independent juristic view. He used to offer his
deducted evidence using the expression(for us: it seems
to us). After indicating the legal opinions(fatwas)
of the masters of the doctrines, he introduced his
evidence of Ijtihad from the Book(the Qur'an) and