Between single truth and multiple solutions: the status of ijtihad in the foundations of Islamic law

This study is dedicated to a comprehensive analysis of one of the fundamental and, simultaneously, most contentious issues in the methodology of Islamic law (usul al-fiqh) — the dilemma of “at-taswib wa at-takhtiʼa” (lit. “infallibilism” vs. “fallibilism”). This problem touches upon the very foundation of the validity of fiqh, as it raises the question of the status of legal decisions issued by mujtahids in the process of ijtihad. The essence of the dilemma is as follows: is every mujtahid who exerts maximum effort (ijtihad) to derive a legal ruling (ḥukm) automatically considered to have reached the truth (muṣib), or is the truth in legal matters singular and objective, meaning only one can be correct while all others are mistaken (mukhti)? The answer to this question has far-reaching implications for understanding pluralism and the very nature of divine law in the Islamic tradition. Within the framework of this research, a detailed comparative analysis is conducted of two key spheres of ijtihad application: matters of creed (ʻaqaʼid) and the fundamentals of religion (usul ad-din), on the one hand, and the practical branches of jurisprudence (furuʽ), on the other. The methodology of the work is based on intertextual analysis of primary sources (the Quran and Sunnah), the study of arguments put forth by classical jurists, as well as a logical examination of the consequences arising from each position. In the course of the analysis, the argumentative systems of both approaches are identified and compared. The study pays particular attention to analyzing the arguments of the proponents of the at-takhtiʼa position, who appeal to the authority of religious texts, principles of logic, and also reference the historical consensus (ijmaʽ) of early authorities. Simultaneously, the potential methodological and ideological consequences arising from the acceptance of the doctrine of the multiplicity of truth (at-taswib) for the fundamentals of religion and the objectivity of divine law are examined.