INTRODUCTION
Ijtihad is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources, the Holy Qur’an and the Sunnah. A person who applies Ijtihad is called a mujtahid and traditionally had to be a scholar of Islamic law, an Islamic Lawyer, or an Alim.
CROSS-REFERENCE
- Article 203-C of the Constitution of Pakistan 1973.
DEFINITION OF IJTIHAD
Ijtihad means striving to discover the law from all the possible means of interpretation. Ijtihad also means to strive hard to know the rules of Shariah.
CONCEPT OF IJTIHAD IN ISLAM
The concept of Ijtihad in Islam, which Faruki defines as “Systematic reasoning and disciplined striving.” It demanded a fontal expenditure of effort. The centres of this incredible learning process were Medina and Makka on the one hand and Basra and Kufa on the other.
IJTIHAD IN THE LIGHT OF THE QURAN
“This is clear insight from your Lord, guidance, and mercy for people with faith.
“If there is any difference among you over any matter, refer it to Allah (the Holy Quran) and the Holy Prophet Muhammad, PBUH (Sunnah).
IJTIHAD IN THE LIGHT OF HADITH
“Resolve the matters in the light of the Holy Quran and Sunnah and exercise Ijtihad with your reason.”
“Exercise Ijtihad because God makes that task easy for a person for which he is born or sent down in the world.”
IJTIHAD AS A SOURCE OF LAW
Ijtihad is not a source of law in the strict sense, but it is a process to discover the direction from the text and apply it to the set of facts awaiting a decision.
Examples:
- Caliph Hazrat Abu Bakar exercised Ijtihad when he decided to wage war against those tribes that refused to pay Zakat.
- Caliph Hazrat Umar also resorted to Ijtihad when he made different reforms in the structure of the Islamic state. He also relied on Ijtihad on religious matters; the Holy Quran prescribes the punishment of cutting the hand of a thief for stealing, but at the time of famine, when the incidents of stealing were on the rise, he excluded the definition of thief all those people also were driven to steal to fulfil their basic needs and did not cut their hands. Similarly, he prohibited the selling of any slave girl who was the mother of the child.
MODES OF IJTIHAD
The Jurists generally practice three types or modes of Ijtihad for implication, and the case of understanding this activity, but Ijtihad is a single seamless process.
MODE 1:
In the first type of Ijtihad, the Jurist stays as close to the texts as possible. He focuses on the literal meaning of the texts, i.e., he follows the plain meaning and tries to find from the Holy Quran and Sunnah texts. He also looks up their purpose from other sources like literature, etc.
MODE 2:
In the second type of Ijtihad ، the Jurist extends the law to new cases that may be similar to the issues found in the texts but cannot be covered through the literal method. This process is called Analogy or Qiyas. In this method, the strict analogy is always applied. The reason for using a strict analogy is that the Jurist wants to stay close to the lawgiver’s intention.
MODE 3:
In the third type (mode) of Ijtihad, the Jurist collectively relies on all the texts. Thus, the third type of Ijtihad provides the opportunity to generate new principles, provided he observes a prescribed methodology and fulfils the conditions imposed for such legal reasoning.
COMPLETE PROCESS OF IJTIHAD
The process of Ijtihad is a single seamless process. The following activities and stages collectively depict the process of Ijtihad.
- Mujtahid acquires the qualifications necessary for Ijtihad.
- Mujtahid understands the different forms of “Bayan”, or elaboration of the text, given by the lawgiver Himself.
- Mujtahid identifies the occasions on which such Bayan was invoked.
- Mujtahid exercises effort to derive the law from the sources.
- Mujtahid understands abrogation and identifies occasions when the lawgiver has repealed these rules.
- Mujtahid exercises Tarjih or preference and jam or reconciliation among apparently conflicting sources.
When all these activities combine, they indicate the complete process of Ijtihad. To understand Ijtihad fully, all these processes have to be understood.
VALIDITY OF IJTIHAD
The Holy Quran Says:
“And strive in His cause, as ye ought to strive (with sincerity and under discipline). He has chosen you and has imposed no difficulties on you in religion”.
The Holy Quran says in another Surah:
“And those who strive in OUR (cause) WE will certainly guide them to our paths verily Allah is with those who do right.”
LIMITATIONS ON IJTIHAD
1. Explicit and clear rule:
There is no ijtihad where the rule in the text is explicit. In other words, when the law in the text is so clear that more than one meaning cannot be derived from it, the jurists are prohibited from undertaking Ijtihad.
2. Interpretations:
While arguing from the Quran, it is imperative to interpret a verse’s meaning by the language’s requirements.
3. Single citation:
No citation (Khabr-e-what) is allowed to hold its own against a Sunnah that has been well established on the strength of authentic sources. Therefore, the application of Ijtihad is subject to a few limitations. It cannot be exercised on the following topics.
- Verses of the Holy Quran
- Mutawatir Súnnah
- Five Pillars of Islam
- All definitive rules of Islam
- Moral truths
QUALIFICATIONS OF MUJTAHID
The concept of qualifications for mujtahid developed later in the history of Islamic law. No such qualifications were prescribed during the first two centuries of the Hijrah. These conditions were given in the time of Imam Shafi. They are as follows.
- Knowledge of the Arabic language
- Knowledge of the Holy Quran
- Knowledge of Sunnah (Hadith)
- Understanding of lima and Analogy (Qiyas)
- Knowledge of principles of Shariah (Maqasid al Shariah)
- Aptitude for Ijtihad
- Mujtahid should be Muslim
- Mujtahid must be an adult
- Mujtahid should be able to interpret Holy Quran and Sunnah (Hadith)
- Mujtahid should be wise and pious.
- Mujtahid should be able to differentiate between false and authentic Hadith.
THE TASK OF THE MUJTAHID
The primary task of the mujtahid is to discover the ahkam of the Shariah from the texts. An important fact is that the readers of the Holy Quran and the Sunnah dealing with legal matters are limited, while the new problems are unlimited. The task of the Jurist is to;
- Discover the law that is either stated explicitly in the primary sources or is implied by the texts that is, literal interpretations.
- Extend the law to new cases similar to issues mentioned in the textual sources but cannot be covered through literal methods.
- Extend the law to new cases that are not covered by other methods.
CONCLUSION
In the strict sense, Ijtihad is not a source of law, but it is an activity, a struggle, and a process to discover the text’s direction and apply it to the set of facts awaiting a decision.
Frequently Asked Questions
Ijtihad has a never-ending role in responding to the changing times and spaces. Discuss and illustrate.
(2019-A)
What is Ijtihad, and what are the basic qualifications of a competent Mujtahid? Can we entrust the incumbent Parliament with the delicate assignment of Ijtihad? Explain rationally.
(2019-A five years)
When and how Ijtihad is invoked? What are the qualifications of a Mujtahid?
(2018-A)
Ijtihad always responds to the needs of modern times within the framework of Shariah. Discuss.
(2017-S)
Islamic Law shall remain practicable as long as Muslims keep the door of Ijtehad open. Discuss.
(2017-A)
‘Ijtihad will remain effective and active till the day of judgment’. Kindly explain the statement and highlight the role of Ijtihad in Islamic legislation.
(2016-S)
What are the qualifications and prerequisites of a Mujtahid to be competent to conduct Ijtihad?
(2016-A)
Ijtihad can only be conducted by Muslim Jurists sufficiently qualified for the purpose. Discuss the role of Ijtihad in Islamic Legislation.
(2015-S)
“A common Muslim is eligible to conduct Ijtihad”. Do you agree? Argue your point of view.
(2014-A)
REFERENCES
- Islamic Jurisprudence by Imran Ahsan Khan Nyazee
- N-Series by M.A. Chaudhary
