The Expanded Comprehensive Analogy and its Impact on Ijtihād in Contemporary Issues (A Case Study of Invitro Fertilization “Test-Tube Babies”)

Abstract

This study explores the Expanded Comprehensive Qiyās (Analogy) and its effect on Ijtihād (independent legal reasoning) in addressing contemporary issues. It aims to clarify the concept, terminology, pillars, legal ruling, and regulating principles of the expanded comprehensive Qiyās. The paper also discusses its legitimacy, importance, and role in modern juristic reasoning through a practical case study — invitro fertilization (test-tube babies) — and explains its Sharīʿah ruling. The study employed the inductive, comparative, applied, and comparative analytical descriptive approaches. The findings reveal that the expanded comprehensive Qiyās serves as an effective Ijtihādī approach that contributes to finding solutions for many emerging and unprecedented issues. The study concludes that invitro fertilization fulfills general benefits that reach the level of essential interests, aligning with the comprehensive Sharīʿah objectives substantiated by wide-ranging evidences. Among the recommendations of this research are: to encourage and expand practical applications of Ijtihād in contemporary contexts, taking into account the circumstances and needs of individuals, in light of the expanded comprehensive Qiyās, and to dedicate further specialized studies to clarify the significance of this type of qiyās in modern juristic issues, particularly in financial matters, new personal cases, and other emerging areas.