Uṣūl al-Fiqh and Society: Effects of Social Structure on Ijtihād and Effects of Ijtihād on Social Cohesion

Abstract This article examines the interaction of uṣūl al-fiqh with society in the context of the judgement of ijtihād in 4th–5th/10th–11th century Irāq. Using the writings of Al-Jaṣṣāṣ (d. 370/981) on ijtihād , I propose that uṣūl al-fiqh was not only influenced by heterogeneous social structures, wherein different sects and religious beliefs coexisted, but also contributed to the cohesion of the broader social structure. Irāq’s social climate advanced the development of the idea that ‘every mujtahid is correct’, which was prevalent in the 4th and 5th centuries. This idea also strengthened the cohesion of the social structure, wherein different religious groups lived together. The infallibilism advocated by Irāqī Ḥanāfīs may have been better suited to multicultural societies. In contrast, fallibilism is generally supported in homogenous societies.