Harmonizing Pakistan’s Legal Landscape: Comparative analysis of collective ijtihad perspectives between the federal shariat court (FSC) and islamc jurists

Abstract

This study conducts a thorough comparative analysis of collective Ijtihād perspectives between the Federal Shariat Court (FSC) and Islamic jurists in Pakistan. Through meticulous analysis, it examines the nature and methodology of collective Ijtihād practiced by both the FSC and traditional Islamic jurists, highlighting their distinctive approaches. The research explores how the FSC’s approach to collective Ijtihād differs from historical practices observed by Islamic jurists, providing insights into the evolving dynamics of Islamic jurisprudence in Pakistan. By elucidating these differences, it offers valuable insights into the diverse methodologies employed in legal interpretation within the country. Furthermore, the study delves into the broader implications of the FSC’s authoritative status, illustrating how its decisions and interpretations influence legal discourse and contribute to judicial synchronization in Pakistan. It emphasizes the significant role of the FSC in guiding legal interpretation and fostering coherence within the country’s legal framework, contrasting it with the practices of traditional Islamic jurists. In essence, this research provides a nuanced understanding of the comparative analysis of collective Ijtihād perspectives between the FSC and Islamic jurists, shedding light on their respective impacts on Pakistan’s legal landscape and implications for legal practice and interpretation in the country.