Standards of Novelty(Nazilah) and its Influence on the Jurisprudence Diligence(Ijtihad)

Abstract

This paper focuses mainly on highlighting the standards of defining the novelty (Nazilah), and the influence of those standards on the diligence of the newly occurring novelties, and on unclear events that befall people, where there is no previous clear text or scholars' diligence about it. What is meant by the standards here are: the features that distinguish one novelty from other novelties. In other words, standards are tools that specify the limit of novelty, including all that is associated with it, all that surrounds it such as specifying its limit and form is considered a standard for it; except its main features. The incentive of this study is the lack of studies that specify the standards of novelties, which mostly appear as an introduction, not an elaboration to it. Most of its investigators are not aware of this fact, and they start their investigation discussing this concept and then how it functions; mistakenly believing that the definition of the novelty does not need an explanation, but this is not true.