Continuity and Change of Traditional Islamic Law in Modern Times: tarjīḥ as a Method of Adaptation and Development of Legal Doctrines

Abstract In addition to ijtihād (independent legal reasoning), tarjīḥ (weighing up and preference) serves as a fundamental instrument of traditional Islamic law's operational work was used on different levels. modern times, is still applied not only by individual scholars but also collective fiqh institutions. However, the conception undergoing transformation in its current application. scope this article, first purpose provide comprehensive overview diverse practical forms law. The focus then lies setting out how apply jurisprudence. This article aims illustrate conceptual changes tarjīḥ, paying special attention relation between ijtihād. Overall, intends, one hand, contribute study present developments; other it examines continuity change from law contemporary It argued that age method weighing choosing view among views pre-modern most closely adapts social circumstances, integrated process development new doctrines.