The comprehensive scope of Islamic law:

Apart from the rites of worship that govern relations of human beings with their Creator, we find in the Islamic law the two major sections of private law and general law. Thus, it encompasses the civil law which is the source of private law with all its branches, the commercial law, the procedural law, the private international law, the general international law, the constitutional law, the administrative law and its annexed financial law, and the criminal law.(33)

So, Islamic law provides the ground for mujtahids to explore new avenues and horizons and enables the scholars who meet the conditions of ijtihad to look for solutions to pending problems in all fields. It then covers all areas of life and includes all common branches of law.

Accordingly, ijtihad is a religious duty and one of life's necessities. In this regard, Muhammad Al Taher Ibn Ashour said “ijtihad is considered as a collective duty on the Ummah to the extent required by its needs and conditions. The Ummah has indeed committed a sin by its omission considering that it has sufficient capacities in terms of means and mechanisms.”(34) He went on saying “the impact that ijtihad produces appears in the cases that are distinct from those that were examined at the time of mujtahids, the emerging cases that bear no similarity with previous ones, the cases in which Muslims' need to perform the same act does not match with the different Madhahibs, and in all cases that require religious consideration, deduction and the search for the original and secondary objectives set forth by the law-makers as well as the mujtahids’ views that can and those that can not be changed.”(35)

This is an approach to all aspects of ijtihad in relation to the context of this paper. So what can we say about modernization and modernity???