Tāj al-dīn al-Subkī's conception of ijtihād and taqlīd (Within the framework of jamʿ al-Jawāmiʿ)

Tāj al-Dīn al-Subkī, a prominent Shāfiʿī jurist of the 14th century, holds a distinguished position in the literature of Islamic legal theory (uṣūl al-fiqh) due to his intellectual depth and systematic methodology. His work Jamʿ al-Jawāmiʿ is considered a significant turning point in classical uṣūl writing, as it comprehensively compiles and organizes the legal-theoretical legacy preceding him. The first chapter of this thesis examines al-Subkī's scholarly character, the intellectual environment in which he was educated, his roles as a judge and teacher, and the socio-political and cultural context of the Mamlūk era in which he lived—particularly highlighting the influence of vibrant centers of knowledge such as Damascus and Cairo. The research adopts a qualitative analytical approach and conducts a comparative study of Jamʿ al-Jawāmiʿ, alongside al-Subkī's other works such as Ibḥāj and Rafʿ al-Ḥājib, including related commentaries and glosses. Al-Subkī's conception of ijtihād is observed to go beyond mere theoretical qualifications, associating the capacity for independent reasoning with insight, depth, and discernment. He clearly rejects the notion that the gate of ijtihād is permanently closed, maintaining instead that qualified scholars can engage in independent legal reasoning in any era. Regarding taqlīd, his approach is both cautious and flexible: while recognizing its legitimacy within the bounds of necessity and public welfare, he emphasizes that the laity should avoid relying on the opinions of unqualified jurists. Furthermore, in matters such as choosing a legal authority or changing schools of thought, he avoids absolute prohibitions and instead proposes a balanced view grounded in the accumulated tradition of legal reasoning. Al-Subkī's methodology not only reveals his unique standing within the classical uṣūl tradition but also offers a rich perspective for engaging with contemporary debates on ijtihād and taqlīd. Keywords: Islamic Law, Uṣūl al-Fiqh, Ijtihād, Taqlīd, Tāj al-Dīn al-Subkī, Jamʿ al-Jawāmiʿ.