Ijtihad

Ijtihad(/ˌɪdʒtəˈhɑːd/IJ-tə-HAHD;Arabic:اجتهادijtihād[ʔidʒ.tihaːd],lit. 'physical effort'or'mental effort')is anIslamiclegal term referring to independent reasoning by an expert inIslamic law,or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question.It is contrasted withtaqlid(imitation, conformity to legal precedent).According to classicalSunnitheory,ijtihadrequires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (usul al-fiqh),and is not employed where authentic and authoritative texts (Qur'anandhadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (ijma).Ijtihadis considered to be a religious duty for those qualified to perform it.AnIslamic scholarwho is qualified to performijtihadis called as a "mujtahid".

Throughout the first five Islamic centuries, the practice ofijtihadcontinued both theoretically and practically amongst Sunni Muslims. The controversy surroundingijtihadand the existence ofmujtahidsstarted, in its primitive form, around the beginning of the sixth/twelfth century.By the 14th century, development ofIslamic Fiqh(jurisprudence) prompted leading Sunni jurists to state that the main legal questions had been addressed and the scope ofijtihadwas gradually restricted.In the modern era, this gave rise to a perception amongstOrientalistscholars and sections of the Muslim public that the so-called "gate ofijtihad"was closed at the start of the classical era.While recent scholarship established that the practice ofIjtihadhad never ceased inIslamic history,the extent and mechanisms of legal change in the post-formative period remain a subject of debate.Differences amongst theFuqaha(jurists) preventedSunni Muslimsfrom reaching any consensus (Ijma) on the issues of continuity ofIjtihadand existence ofMujtahids.Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries.Ijtihadwas practiced throughout theEarly modern periodand claims forijtihadand its superiority overtaqlidwere voiced unremittingly.

Starting from the 18th century, Islamic reformers began calling for abandonment oftaqlidand emphasis onijtihad,which they saw as a return to Islamic origins.Public debates in the Muslim world surroundingijtihadcontinue to the present day.The advocacy ofijtihadhas been particularly associated withIslamic modernist.Among contemporary Muslims in the West there have emerged new visions ofijtihadwhich emphasize substantive moral values over traditional juridical methodology.

Shiajurists did not use the termijtihaduntil the 12th century. With the exception ofZaydijurisprudence, the earlyImamiShiawere unanimous in censuringIjtihadin the field of law (Ahkam). After the Shiite embrace of various doctrines ofMu'tazilaand classical SunniteFiqh(jurisprudence), this led to a change.After the victory of theUsuliswho based law on principles (usul) over theAkhbaris( "traditionalists" ) who emphasized on reports or traditions (khabar) by the 19th century,Ijtihadwould become a mainstream Shia practice.

Etymology and definition

The word derives from thethree-letter Arabic verbal rootofج-ه-دJ-H-D(jahada,'struggle'): the "t" is inserted because the word is aderived stem VIIIverb. In its literal meaning, the word refers to effort, physical or mental, expended in a particular activity.In its technical sense,ijtihadcan be defined as a "process of legal reasoning and hermeneutics through which the jurist-mujtahid derives or rationalizes law on the basis of theQur'anand theSunna".

The juristic meaning of ijtihād has several definitions according to scholars ofIslamic legal theory.Some define it as the jurist's action and activity to reach a solution. Al-Ghazālī (d. 505/1111) defines it as the "total expenditure of effort made by a jurist for the purpose of obtaining the religious rulings." Similarly the ijtihād is defined as "the effort made by the mujtahid in seeking knowledge of theaḥkām(rulings) of thesharī‘ah(Islamic canonical law) through interpretation. "

From this point of view that ijtihād essentially consists of an inference (istinbāṭ) that extents to a probability (ẓann).Thus it excludes the extraction of a ruling from a clear text as well as rulings made without recourse to independent legal reasoning. A knowledgeable person who gives a ruling on the sharī‘ah, but is not able to exercise their judgement in the inference of the rulings from the sources, is not called a mujtahid but rather amuqallid.

Scriptural basis

Islamic scholarAsghar Ali Engineercites ahadithrelated by asahabi(companion of the Islamic prophetMuhammad) by the name ofMuadh ibn Jabal(also Ma’adh bin Jabal), as the basis for ijtihad. According to the hadith fromSunan Abu-Dawud,Book 24,Muadh was appointed by Muhammad to go toYemen.Before leaving he was asked how he would judge when the occasion of deciding a case arose.

Ma’adh said, according to the Quran. The Prophet thereupon asked what he would do if he did not find the solution to the problem in the Quran, to which Ma’adh said he would govern according to the Sunnah. But when the Prophet asked if he could not find it in the Sunnah also, Ma’adh said "ana ajtahidu"(I will exert myself to find the solution). The Prophet thereupon patted his back and told him he was right.

History

Formative period

During the early period,ijtihadreferred to the exertion of mental energy to arrive at a legal opinion (ra'y) on the basis of the knowledge of the Divine Revelation.Jurists usedIjtihadto help reach legal rulings, in cases where theQur'anandSunnadid not provide clear direction for certain decisions. It was the duty of the educated jurists to come to a ruling that would be in the best interest of the Muslim community and promote the public good.

As religious law continued to develop over time,ra'ybecame insufficient in making sure that fair legal rulings were being derived in keeping with both theQur'anandSunna.However, during this time, the meaning and process ofijtihadbecame more clearly constructed.Ijtihadwas "limited to a systematic method of interpreting the law on the basis of authoritative texts, the Quran and Sunna".

As the practice ofijtihadtransformed over time, it became religious duty of amujtahidto conduct legal rulings for the Muslim society.Mujtahidis defined as a Muslim scholar that has met certain requirements including a strong knowledge of theQur'an,Sunna,and Arabic, as well as a deep understanding of legal theory and the precedent; all of which allows them to be considered fully qualified to practiceijtihad.

Classical era

Origins of the controversy

The controversy over the existence ofMujtahidsbegan in its nascent form during the sixth/12th century. The fifth century Hanbali juristIbn 'Aqil(1040–1119) responding to a Hanafi jurist's statement, advocated for the necessity of existence ofMujtahidsusing scripture and reasoning. A century later, Shafi'i juristAl-Amidiwould counter the premise of Hanbalis and prominent Shafīʿis arguing that extinction ofMujtahidsis possible. Over the centuries, the controversy would garner more attention with the scholars gathering around 3 camps: 1)Hanbalisand majority ofShafīʿiswho denied the theoretical possibility ofMujtahid's extinction 2) a group of jurists who asserted that extinction ofMujtahidsis possible but not proven 3) a group who advocated the extinction ofMujtahids.

To validate their points, the scholars ofTaqlidcamp cited Prophetichadithsthat report the disappearance of knowledge when ignorant leaders "will give judgements" and misguide others.Muqallidsalso argued thatIjtihadisn't a communal obligation (fard kifaya) when it is possible to blindly imitate the laws of ancestors received through transmitted chains of narrations. Hanbalis, the staunch advocates of permanent existence ofMujtahids,countered by citing Prophetic reports which validated their view that knowledge and sound judgement would accompany the MuslimUmmahled byMujtahidscholars until theDay of Judgment,thus giving theological implications to the controversy.They also raised the question of leadership and interpretive religious authority to vigorously deny the possibility of an age withoutMujtahids,a doctrine which they defended using both Scripultural and rational arguments. Citing Prophetic traditions such as "scholars are the heirs of the prophets", Hanbalis settled on the belief that God would not leave any age without a proper guide, i.e., IslamicFuqaha(jurists) who solve novel issues throughIjtihad.

Majority of Shafīʿi scholars too were leading advocates ofIjtihadas afard kifaya(communal obligation). The prominent 16th century Shafi'i legal treatiseFath-ul-Mueenaffirmed the existence ofMujtahidsand obligated them to take the post ofQadiasfard kifaya.Leading Shafīʿi juristAl-Suyuti(1445-1505) also stipulatedIjtihadas a communal obligation, the abandonment of which would be sinful upon the wholeUmmah.Shafīʿis also upheld the popular Muslim tradition of appearance ofMujaddidswho would renew the religion every century. As promoters of the idea ofMujaddids;(who were assumed asMujtahids) majority of jurists who claimedTajdidor honoured asMujaddidswere Shafīʿis. On the other hand, some prominent Shafīʿi jurists like Al-Rafi'i (d. 623) had made statements speculating an "agreement" on the absence ofMujtahid Mutlaqs(highest-rankingMujtahid) during his era while few others affirmed theoretical possibility of absence ofMujtahids.However, such statements had ambiguities in legal terminology and didn't stipulate an established consensus on the issue. In addition, Rafi'i himself was considered as aMujtahidand aMujaddid.

Yahya ibn Sharaf al-Nawawi(d. 676/1277), a prominent Shafī'iMuhaddithand Jurist, who is a primary reference even for Shafiites of Taqleed camp; advocated that it isn't obligatory for laymen to adhere to amad'hab,reinforcing the orthodox Shafī'ite pro-Ijtihad position.Other prominent classical Shafī'i jurists who advocated the pro-Ijtihad position includedTaj ud Din al Subki,Dhahabi,Izz ud Deen Ibn Abdussalam,Ibn al Salah,Al Bulqini,etc.Taj ud Din al Subki (d. 1370) summed up the classical-era Shafi'i position in hisKitāb Mu'īd an-Ni'am wa-Mubīd an-Niqām:

"It is unacceptable to Allah, the forcing of people to accept one madhab and the associated partisanship (tahazzub) in the subsidiary issues of the Din and nothing pushes this fervour and zealously except partisanship and jealousy. If Abu Haneefah, Shafi, Malik and Ahmad were alive they would severely censure these people and they would dissassociate themselves from them."

Emergence of the "closure of the gates" notion

In contrast to the view of these Shafiites, classical Shafi'ite theologian'Abd al-Malik al-Juwayni(d. 1085 C.E/ 478 A.H) postulated a new doctrine on the controversy of the existence ofMujtahids.Juwaynī and his Shāfiʿī colleagues insisted that not only the disappearance of Mujtahids was possible, but that it had already happened. Juwayni's doctrine was taken by his studentGhazālī(d. 1111 C.E/ 505 A.H), al-Qaffāl al-Shāshī (d. 1113 C.E/507 A.H) and promoted in the next century by the Shafi'i scholarsFakhr al-Dīn al-Rāzī(d. 606/1209), Sayf al-Dīn al-Āmidī (d. 631/1233), and Rāfiʿī (d. 623/1226). These scholars asserted the belief thatMujtahidshad already disappeared, and some would claim a consensus on this point. Thereafter, the theory of legal minimalism elucidated by Juwayni in his bookGhiyāth al-umam fī iltiyāth al zulam,penned for hisSeljukpatron Nizam ul-Mulk, would be popularised. This system listed a set of core principles that implemented legal and procedural minimalism; and attempted the standardisation of Islamic courts and legal framework in themedievalMuslim World.

Most significantly, the influential Islamic theologian Al Ghazzali introduced the notion of closure ofIjtihadsince he viewed numerous people with inadequate knowledge ofQur'anas claiming to beMujtahids.Ghazzali's emphasis on rigorous asceticism and imitation of traditions practised by Sufi mystics led him to attack rational enquiry and sciences like physics for contradicting religion. Owing to his status as a great scholar, numerousulemafollowed his call; even though many continued to dispute it.Intellectuals likeHasan Hanafiargue that Ghazali had tried to preclude the endeavour ofIjtihadduring his era in order to establish a rigid, stable orthodoxy that could effectively challenge external enemies of Islam like theCrusaders.According toPakistaniProfessor of PhilosophyC.A Qadir;Ghazzali's efforts had tremendous impact in limiting the scope ofIjtihadin medieval Islamic orthodxy.

However, there is still a vigorous scholarly debate regarding whether Al-Ghazali had himself "closed the gates" or whether he merely continued an established policy of his scholarly predecessors or whether the gate was ever closed. According to Professor James P. Piscatori, the provision forIjtihadin SunniFiqhwas never "tightly shut" and remained open to some extent.During the 16th century, majority of the clerical classes would claim Ghazzali's doctrine as sacrosanct and inviolable byIjma(consensus).Post-classical era, a large part of Shafīʿi scholarship would also shift to a pro-Taqleedposition owing to external influence fromHanafite-MalikiteMuqallidcamps. Most noteworthy amongst them wereIbn Hajar al-Haytami(d. 1566). However many still defendedIjtihadwhile others who theoretically affirmed the disappearance ofMujtahidsrejected the claim that they did in reality.

Late classical period

Until the end of the 14th century, no voice had before actively risen to condemn the claims ofmujtahidsto practiceijtihadwithin their schools. However, the doctrine ofTaqlidwas steadily amassing support amongst the masses. The first incident in whichmuqallidsopenly attacked the claims ofmujtahidsoccurred in Egypt, during the lifetime ofSuyuti.Suyuti had claimed to practice the highest degree ofIjtihadwithin the Shafi'i school. He advocated that Ijtihad is a backbone ofShariaand believed in the continuous existence ofMujtahids.

Around the 15th century, most Sunni jurists argued that all major matters of religious law had been settled, allowing fortaqlid(تقليد), "the established legal precedents and traditions," to take priority overijtihād(اجتهاد).This move away from the practice ofijtihādwas primarily made by the scholars ofHanafīandMalikīschools, and a number ofShafīʿis,but not byHanbalīsand majority of Shafīʿi jurists who believed that "true consensus" (ijmāʿاجماع), apart from that of Muhammad's Companions, did not exist "and that" the constant continuous existence ofmujtahids(مجتهد) was a theological requirement. "Although theOttomanclergy deniedIjtihadin theory,throughout the 16th and 17th centuries, the Ottoman Hanafiteulemahad practicedIjtihadto solve a number of new legal issues. Various legal rulings were formulated on a number of issues, such as theWaqfof movables, on drugs, coffee, music, tobacco, etc. However to support the official doctrine of "extinction ofMujtahids",the OttomanulemadeniedIjtihadeven when it was practised.

The increasing prominence oftaqlidhad at one point led most Western scholars to believe that the "gate ofijtihad"was in fact effectively closed around tenth century.In a 1964 monograph, which exercised considerable influence on later scholars,Joseph Schachtwrote that "a consensus gradually established itself to the effect that from that time onwards no one could be deemed to have the necessary qualifications for independent reasoning in religious law, and that all future activity would have to be confined to the explanation, application, and, at the most, interpretation of the doctrine as it had been laid down once and for all."

While more recent research is said to have disproven the notion that the practice ofijtihadwas abandoned in the tenth century — or even later in the 15th century — the extent of legal change during this period and its mechanisms remain a subject of scholarly debate.TheIjtihadcamp primarily consisted of Hanbalis and Shafiites, while the Taqlid camp were primarily Hanafites who were supported to a greater or lesser extent by Malikis as well as some Shafi'is.

Ranking of Mujtahids

After the 11th century, Sunni legal theory developed systems for ranking jurists according to their qualifications forijtihad.One such ranking placed the founders ofmaddhabs, who were credited with being "absolutemujtahids "(mujtahid muṭlaq) capable of methodological innovation, at the top, and jurists capable only oftaqlīdat the bottom, withmujtahids and those who combinedijtihādandtaqlīdgiven the middle ranks.In the 11th century, jurists required amufti(jurisconsult) to be amujtahid;by the middle of the 13th century, however, most scholars considered amuqallid(practitioner oftaqlīd) to be qualified for the role. During that era some jurists began to ponder whether practitioners ofijtihadcontinued to exist and the phrase "closing of the gate ofijtihād"(إغلاق باب الاجتهادiġlāq bāb al-ijtihād) appeared after the 16th century.

However, these rankings have been criticized for its arbitrariness. Many other distinguished scholars have been recorded by scholars asMujtahid Mutlaqseven after the deaths of fourImams(to whom the four schools are attributed). Also, various schools were subject to transformation and evolution through time in ways that their founders had not imagined. The founders themselves had not stipulated many such rankings or classifications. Nor did they obligate strict adherence to a particular scholar or legal theory. In many cases, major parts of the legal theory were in fact developed by the later followers.

The classicalHanbalitheologianTaqi al-Din Ibn Taymiyya(d. 1328 C.E/ 728 A.H) was a notable figure who dissented from the prevalentMadh'hab-based ranking standardisations and classifications. Arguing that the practice ofIjtihadis allowed for every Muslim, Ibn Taymiyya writes:

"...doors ofijtihādare open even to laymen, who are permitted to practiceijtihādwithout fear of punishment: the muftī, the soldier and the layman. If they speak according to theirijtihād..., intending to follow the Messenger to the extent of their knowledge, they do not deserve punishment; this is so by theconsensusof theMuslims,even if they have erred in a matter for which consensus already exists. "

Legal schools(mad'habs) had begun to take shape by the middle of the fourth/tenth century and practice of affiliating to the madhabs began to become popular. Systematic categorisation ofMujtahidsemerged during late fifth/eleventh century into ranks of excellence. By doing so, they sought to facilitate theIjtihadof qualifiedMuftis.The earliest known typology of jurists isIbn Rushd's (d. 520/1126) tripartite classification of Muftis. In this typology, the top-Mufti was aMujtahid(like Ibn Rushd himself) while the latter two ranks weren't, i.e., aMujtahidmust independently reason on the basis of Scriptures and general principles of the school. On the other hand, Ghazzali distinguished between two ranks ofMujtahids,the independent(Mutlaq) and the affiliated(Muqayyad) in a three-rank classification. In the seventh century, Shafi'i juristIbn al-Salah(d. 643/1245) would elaborate a five rank classification of Muftis. During the 10th/16th century, Ottoman Shaykh al-IslamAmmad Ibn Kamal(d. 940/1533) articulated a Hanafite typology of jurists with seven ranks. Unlike the previous typologies, the latter classification was promoted byTaqlidpartisans who advocated thatMujtahidsceased to exist. All these classifications created an archetype of an ideal standard to which all other typologies must conform, i.e., the founders of 4 schools. However, this typological conception of the founderMujtahidsuffered from chronological ruptures, overlooking in the process the founder's predecessors as well as his immediate intellectual history that formed a continuity. Although the founder imams were accomplished jurists, they were not as absolutely and as categorically as they were portrayed to be, starting from the 5th/11th century.Ibn Kamal's seven-rank typology, in particular, would come under scathing criticism by other Hanafites as well, such asMuhammad Bakhit al-Muti'i(1854 or 1856 — 1935), who was theGrand Muftiof Al-Azhar.

Many Islamic reformers, starting from the 18th century would criticize these classifications altogether, since these classifications assumed every Mufti in terms of leaders and followers, affiliated to the founder imams and succeeding generations who are progressively inferior to knowledge of imams.Faithful to the tenets of Ibn Taymiyya andMuhammad Ibn 'Abd al-Wahhab(1792 C.E/ 1206 A.H), the Wahhabi movement called forIjtihadand opposedTaqlid.Advocating the Wahhabi stance onIjtihad,'Abd al-Rahman ibn HasanAal-Al Shaykh(1196-1285 A.H / 1782-1868 C.E), influentialQadiof theEmirate of Nejd,asserts:

".. when a scholar does his best to come to a right decision or verdict concerning a certain matter, if his verdict is right, he will get a double reward, and even if his verdict is wrong, he will still get a reward.... one who prefers the verdict of a scholar to the authorized proof, is to be severely rebuked. It is not permissible to imitate other scholars save in matters ofljithad,"which do not contain a proof from the GloriousQur'anor the PropheticSunnah.This is what is called by scholars, "There should be no denial in matters ofljtihad."But, as for those who disagree with this or act otherwise, they should be rebuked and blamed.., this issue has gained the consensus of all scholars, as stated by lmamAsh-Shafi'i."

The 18th-centuryIslamic reformerand top-mostQadiof Yemen,Al-Shawkani(1759-1839) totally rejected the theory of classification ofMujtahids.According to him, there is only one form ofIjtihadwhich can be practised by anybody possessing sufficient knowledge. Shawkani maintains that it is sufficient for a scholar to study one compendium in each of the five disciplines to practiceIjtihad.According to Shawkani, theMuqallidswho propagate the closure ofIjtihadand argue that only the four Imams can understandQur'anandSunnahare guilty of:

"(telling lies) about Allah and accuse Him of being not capable of creating people that understand what is His law for them and how they must worship Him. They make it appear as if what he has enacted for them through His Book and His Messenger, is not an absolute but a temporary law, restricted to the period before the rise of the madhhabs. After their appearance, there was no Book and no Sunnah anymore [if these people are to be believed], but there emerged persons that enacted a new law and invented another religion..., by their personal opinions and sentiment."

This view would influence many 19th and 20th century Salafi reform movements.

Modern era

During the turn of the 16th to 17th century,SunniMuslim reformers began to criticizetaqlid,and promoted greater use ofijtihadin legal matters. They claimed that instead of looking solely to previous generations for practices developed by religious scholars, there should be an established doctrine and rule of behavior through the interpretation of original foundational texts of Islam—theQur'anandSunna.

During the 18th century, Islamic revivalists increasingly condemned theMuqallidcamp through a mass of writings explaining the evils ofTaqlidand advocatingIjtihadas well as defending its status as a Divinely established principle in sharia. This would often result in violence between their followers. Most prominent amongst them wereShah Waliullah Dehlawi,Muhammad ibn Abd al-Wahhab,Shawkani,Muhammad ibn Isma'il Al-San'aani, Ibn Mu'ammar,Ahmad ibn Idris al-Fasi,Uthman Ibn Fudio,Muhammad ibn Ali al-Sanusi,etc.

Shah Waliullah Dehlawi was an ardent advocate ofIjtihadand considered it essential for the vigour of society. Re-inforcing the classical theory, he considered Ijtihad to befard kifaya(communal obligation). Condemning the prevalent partisanship overTaqleedhe denounced theMuqallidcamp as the misguided "simpletons of our time". He considered himself as aMujtahidof the highest rank affiliated to Hanafi school.

In his treatiseUsul al-Sittah(Six Foundations), Ibn 'Abd al-Wahhab harshly rebuked theMuqallidsfor raising the description ofMujtahidsto humanely unattainable levels. He also condemned the practice of obligatingTaqleedwhich deviated people away from Qur'an and Sunnah. In similar terms, Yemeni scholar Shawkani too condemned the practice of rigidTaqleed.Demonstrating the perpetual existence of Mujtahids in his works, Shawkani also argued thatIjtihadat later times was far easier due to detailed manuals unavailable for jurists of the past era.

Amongst the eighteenth-century reformers, the most radical condemnation ofTaqlidand advocacy ofIjtihadwas championed by the Arabian scholar Muhammad ibn 'Abd al-Wahhab, whose uncompromising reformist efforts often turned violent. Ibn 'Abd al-Wahhab condemned the centuries-long heritage of jurisprudence (Fiqh) that coalesced into four schools (mad'habs) as an innovation. Challenging the authority of religious clerics, and a large portion of the classical scholarship, he proclaimed the necessity of directly returning to Qur'an and hadith, rather than relying on medieval interpretations. According to Ibn 'Abd al-Wahhab, in order to uphold true monotheism (Tawhid), Muslims should return to the pristine Islam of the early generations (Salaf), stripped of all human additions and speculations.In his legal treatises such asMukhtasar al-Insaf wa al-Sharh al-Kabir,Ibn 'Abd al-Wahhab weighed in legal opinions between different schools, opening the realm to comparative Fiqh thinking and often referring the conclusions of Ibn Taymiyya.This legal approach of drawing inferences directly from Qur'an and Hadith (istinbat), instead oftaqlidto one of the 4 law schools, as well as his prohibition ofTaqlid,drew sharp condemnation from theMuqallidcamp. In a scathing response, Muhammad Ibn 'Abdul Wahhab accused his detractors of taking "the scholars as lords"and vehemently condemnedtaqleedas the biggest principle of thekuffar(disbelievers), in his treatiseMasa'il al-Jahiliyya(Aspects of the Days of Ignorance) writing:

"Their religion was built upon certain principles, the greatest of which wastaqleed(blind following). So this was the biggest principle for all of the disbelievers – the first and last of them "

In face of the backlash towards Ibn 'Abd al-Wahhab's uncompromising stance in his rejection of taqlid, advocacy of Ijtihad and radical anti-madhab views,the later Wahhabis became more conciliatory towards traditional four schools of Fiqh.Abdallah,the son of Ibn 'Abd al-Wahhab also toned down the radical anti-Taqlid stances by stating that they affiliate themselves to the Hanbali school and do not condemn the common people who make taqleed to the four schools of jurisprudence.The earliest substantial Wahhabite treatise onIjtihadwas written by the scholar Ibn Mu'ammar (d. 1810), a student of Ibn Abd al-Wahhab and aQadiofFirst Saudi state.In his treatise "Risalat al-Ijtihad wal Taqlid",Ibn Muammar gave respect to the four traditional Sunni schools of law and distinguished between two ranks ofMujtahids:independentMujtahidandMujtahid al-Muqayyidbound to theImams.According to Ibn Mu'ammar,Taqlidis permissible for laymen and scholar without sufficient knowledge, but forbidden for those who can comprehend the bases of the law. Unlike Ibn 'Abd al-Wahhab, Ibn Mu'ammar permitted laypeople to makeTaqleedto trustworthy scholars, with certain reservations. Despite this, he also criticized strict adherence to amadhaband denouncedmad'habfanaticism as abid‘ah(innovation). According to Ibn Mu'ammar, the opinions of Imams should be discarded if they differ from authentic Prophetic traditions.

Outlining the conventional Wahhabi legal theory which harmonised themadhhabsystem with the practice of Ijtihad, Ibn Mu'ammar writes:

"Adopting the [revealed] proof [for a position] without considering the statements of [other]ulamais the function of the absolute mujtahid.... [Laity are] obligated to practice taqlid and to consult those with knowledge.. [But the idea that one must always follow a single school] is a false view which Satan has cast upon many claimants to knowledge.... [T]hey imagine that study of the proofs is a difficult matter, of which only an absolute mujtahid is capable... [They have even arrived at a claim] that one associated with the school of an imam is obliged to accept that school... even if it differs with theQur'anand thesunna.Thus, the imam of the school is to the members of his school as theProphetis to hisCommunity,.. You will [also] find the fanatic adherents of the schools in many matters differing with the explicit positions of their imams, and following the views of the latecomers in their school,.. the books of the predecessors are hardly found among them. "

Ahmad Ibn Idris Al-Fasi also emphasized on the practice ofijtihad.His criticism ofTaqleedof the schools of law (madhhabs) was based on three concerns. First, the need for following the Prophetic traditions.Second, to reduce divisions between the Muslims.Third, mercy for the Muslims, because there were 'few circumstances on which the Quran and Sunna were genuinely silent, but if there was a silence on any question, then that silence was intentional on God's part- a divine mercy.'He therefore rejected any 'attempt to fill a silence deliberately left by God, and so to abrogate one of His mercies.'

His student,Muhammad ibn Ali al-Sanusialso followed in his footsteps. In his workAl-Bughya,Al Sanusi advocates for the need to practiceIjtihad.The most detailed treatise by Al-Sanusi on the topic ofIjtihadisIqaz al-wasnan fi 'l-'amal bi'l-hadith wa'l-Qur`an.Quoting Ibn Taymiyya, Al Sanusi emphasizes on the principle of fallibility of the Imams of themadhabsand the obligation to follow theSunnah.The opinions of the four Imams should only be used for a better understanding ofFiqh.FollowingIbn Hazmand Shawkani, Sanussi asserted thattaqlidisbid'ah(innovation) and fully condemned it. Sanussi distinguished between the independentMujtahidand the affiliatedMujtahidand affirmed the existence of the affiliatedMujtahidin every age. He also objected toTaqlidand emphasized thatQur'anandSunnamust be given precedence over the opinions of Mujtahids, even in cases where the 4Imamsare wrong.

Remarkably, all these reformers shared common points of contact inHijazand a network of scholars with a Hijazi-Yemeni centre. Shah Waliullah Dehlawi andMuhammad Hayat as-Sindiwere pupils of Muhammad Ibn Ibrahim Al Kurrani Al Kurdi as well as connected toIbrahim Ibn Hasan Al Kurrani Al Kurdi(d. 1690) and AbuI-Baqa' al-Hasan ibn 'Ali al- Ajami (d. 1702). Al-Sanusi is also linked with these scholars via his teacher al-Badr b. 'Amir al-Mi'dani who was a student of Al-Sindi as well as via other independent chains. Al-Shawkani is connected to Ibrahim Al-Kurrani via his teacher Yusuf Ibn Muhammad.

Outside these circles, some scholars amongst traditional Sufi circles were also in favour of Ijtihad. These included the prominent Ottoman Hanafite juristIbn Abidin(1784-1836) who is a scholarly authoritaty for even Hanafites of theTaqleedcamp. Ibn Abidin employedIjtihadin order to issue fatwas, using reasoning and believed thatijtihadwas acceptable to use in certain circumstances. According to Ibn Abidin, Hanafite Muftis should look up to rulings of Abu Hanifa, then Abu Yusuf, then Shaybani, then Zufar and then some lesser jurists for fatwas.However, if a previous Hanafi scholar hasn't found an answer to the issue, then he should employIjtihadto solve the novel issue.According to Ibn Abidin, it is not obligatory to follow a particularmad'habas well.

Contemporary debates over Ijtihad

On the issue of existence ofMujtahidsand continuity ofIjtihad,contemporary scholarship are divided into two diametric camps, and a third moderate camp:

1) Those who opposeIjtihad:These include the Orientalist scholars who view that "Gates ofIjtihadare closed ". Sufi groups such asBarelvis,Deobandis,etc. believe thatMujtahidshave ceased to exist. Some others such asSaid Nursiis not theoretically againstIjtihad,but advocates postponingIjtihadto a later time when Muslims attain sufficient strength.

2) Those who advocateIjtihad:These includeSalafischolars andIslamic modernistswho believe in the existence ofMujtahids.Salafis argue thatIjtihaddoesn't have a gate, but only pre-requisites. Others who advocate Ijtihad includeMuhammad Iqbal,Muhammad Asad,etc. Recent scholars in academia such asWael Hallaqare also its supporters.

3) Those who take an intermediary position.

Islamic modernism

Main article:Islamic modernism

Starting in the middle of the 19th century,Islamic modernistssuch as SirSayyid Ahmed Khan,Jamal al-din Al-Afghani,andMuhammad Abduhemerged seeking to revitalize Islam by re-establish and reformIslamic lawand its interpretations to accommodate Islam with modern society.They emphasized the use ofijtihad,but in contrast to its original use,they sought to "apply contemporary intellectual methods" such as academic or scientific thought "to the task of reforming Islam".Al-Afghani proposed the new use ofijtihadthat he believed would enableMuslimsto think critically and apply their own individual interpretations of the innovations of modernity in the context ofIslam.

One modernist argument for applying ijtihad to sharia law is that while "the principles and values underlying Sharia (i.e.usul al-fiqh) "are unalterable, human interpretation of sharia is not.Another, (made byAsghar Ali Engineerof India), is that theadaat(customs and traditions) of Arabs were used in the development of the sharia, and form an important part of it. They are very much not divine or immutable, and have no more legal justification to be part of the sharia than theadaatof Muslims—Iranians, Uzbeks, Turks, Chinese, Indians and others—living beyond the home of the original Muslim in the ArabHejaz.

Ummah was no longer a homogenous group but comprised of various cultural communities with their own age-old customs and traditions.... When ImamAl-Shafi‘imoved from Hejaz to Egypt, which was a confluence of Arab and Coptic cultures, he realised this and changed his position on several issues.

In Indonesia, following considerable debate among theulema,Indonesianadaat"become part of Sharia as applicable in that country".This use of ijtihad ofadaatapplies tomu’amalat(socio-economic matters such as marriage, divorce, inheritance), and notIbadahfiqh (ritualsalat,sawm,zakat,etc.). Asghar Ali Engineer argues that while the Quran was revealed in a "highly patriarchal" Arabadaatthat still informs what is understood as sharia, the Quran itself has a "transcendental" vision of justice that includes "absolutely equal rights" between genders and should guide ijtihad of sharia.

Islamism and Salafism

ContemporarySalafisare major proponents ofijtihad.They criticizetaqlidand believeijtihadmakes modernIslammore authentic and will guide Muslims back to the Golden Age of early Islam.Salafisassert that reliance ontaqlidhas led toIslam's decline.

Ahl-i-Hadithrevivalist movement ofsubcontinenthighly influenced by the thoughts of Shah Waliullah Dehlawi, Shawkani andSyed Ahmed Barelvi,fully condemntaqlidand advocate forijtihadbased on scriptures.Founded in mid-19th century in Bhopal, it places great emphasis on hadith studies and condemns imitation to the canonical law schools. They identify with the early school ofAhl al-Hadith.During the late 19th century,Najdischolars would establish contacts with Ahl-i-Hadith and many Najdi students would study under the scholars of Ahl-i-Hadith, amongst them prominent scholars.

TheMuslim Brotherhoodtraces its founding philosophies to al-Afghani'sijtihad.TheMuslim Brotherhoodholds that the practice ofijtihadwill strengthen the faith of believers by compelling them to better familiarize themselves with theQuranand come to their own conclusions about its teachings. But as a political group theMuslim Brotherhoodfaces a major paradox betweenijtihadas a religious matter and as a political one.Ijtihadweakens political unity and promotes pluralism (which is also why many oppressive regimes rejectijtihad's legitimacy).

The Iranian AyatollahRuhollah Khomeinienvisioned a prominent role forijtihadin his political theory of "guardianship of the jurist"(vilāyat-e faqīh).

Osama bin Ladensupportedijtihad.He criticized theSaudiregime for disallowing the "free believer"and imposing harsh restrictions on successful practice ofIslam.Thus, Bin Laden believed his striving for the implementation ofijtihadwas his "duty" (takleef).

Qualifications of a mujtahid

"Mujtahid" redirects here. For the Twitter activist, seeMujtahidd (activist).

Amujtahid(Arabic:مُجْتَهِد,"diligent") is an individual who is qualified to exerciseijtihadin the evaluation of Islamic law. The female equivalent is amujtahida.In generalmujtahidsmust have an extensive knowledge of Arabic, the Qur'an, theSunnah,and legal theory (Usul al-fiqh).Sunni Islam and Shia Islam, due to their divergent beliefs regarding the persistence of divine authority, have different views onijtihadand the qualifications required to achievemujtahid.

Sunni

In the years following the death ofMuhammad,Sunni Muslims practicedijtihadand saw it as an acceptable form of the continuation of sacred instruction. Sunni Muslims justified practice ofIjtihadwith a particular hadith, which cites Muhammad's approval of forming an individual sound legal opinion if the Qur'an and Sunnah contain no explicit text regarding that particular issue. As Muslims turned to the Quran and Sunnah to solve their legal issues, they began to recognize that these Divine proponents did not deal directly with certain topics of law. Therefore, Sunni jurists began to find other ways and sources forijtihadwhich allowed for personal judgment of Islamic law.Thus, a legal theory (usul al-Fiqh) was developed during the classical period to facilitateIjtihad.It established a coherent system of principles through which a jurist could extract rulings on upcoming issues.Only a competent Muslim of sound mind with intellectual qualifications was allowed to engage inIjtihad.Abu'l-Husayn al-Basri(d. 436/1044) provides the earliest, complete account for the qualifications of amujtahid,in his book "al-Mu'tamad fi Usul al-Fiqh". They include:

• Enough knowledge of Arabic so that the scholar can read and understand both the Qur'an and the Sunnah.
• Extensive comprehensive knowledge of the Qur'an and the Sunnah. More specifically, the scholar must have a full understanding of the Qur'an's legal contents. In regards to the Sunnah the scholar must understand the specific texts that refer to law and also the incidence of abrogation in the Sunnah.
• Must be able to confirm the consensus (Ijma) of the Companions, the Successors, and the leading Imams and mujtahideen of the past, in order to prevent making decisions that disregard these honored decisions made in the past.
• Should be able to fully understand the objectives of the sharia and be dedicated to the protection of the five necessities, which are life, religion, intellect, lineage, and property.
• Be able to distinguish strength and weakness in reasoning, or in other words exercise logic.
• Must be sincere and a good person.

After Basri, classicalMujtahidslike Al-Shirazi (d. 467/1083),Al-Ghazzali(d. 505/1111),Al-Amidi(d. 632/1234) would also develop various criterion with minor changes. Amidi also allowed less qualifiedMujtahidswho didn't meet these requirements to solve issues provided he has the tools of solution.From the declaration of these requirements ofmujtahidonwards, legal scholars adopted these characteristics as being standard for any claimant ofijtihad.This allowed formujtahidsto openly discuss their particular views and reach a conclusion together. The interaction required byijmaallowed formujtahidsto circulate ideas and eventually merge to create particular Islamic schools of law (madhhabs). This consolidation ofmujtahidsinto particularmadhhabsprompted these groups to create their own distinct authoritative rules. These laws reduced issues of legal uncertainty that had been present when multiplemujtahidswere working together with one another. Oftentimes, multiple rulings would be issued by jurists of the same legal school. Historical records show that throughout the tenth to nineteenth centuries, legal practitioners had consistently modified law using degrees ofIjtihad,making it flexible and adaptable to change.Eventually, there developed a legal system of authoritative rulings on which influential jurists agreed. However, by the 14th century, while influential jurists held that knowledgeable legal scholars should be allowed to engage inIjtihad,some others began to argue that there were no longer any legal scholars capable of performingIjtihadbeyond a certain limit as the founders of the fourmad'habs.Despite this dispute, many high-ranking jurists upheld the practice ofIjtihadin legal rulings.

Recent scholarship has largely adopted this view, concluding thatIjtihadwas indispensable in Islamic legal theory. Rather than obstructingIjtihad,the legal theory as well as its stipulated qualifications facilitatedIjtihad.

Shia

Grand AyatollahsofQom,Iran; Religious leaders who have the authority to interpret sharia sources inShia Islamused assertive names and titles such asRuhollah,Ayatollah,Hujjat al-Islam,which directly connect their identities to Allah or Islam, and gainedtutelage over people and the administration

ShiaMuslims understand the process ofijtihadas being the independent effort used to arrive at the rulings of sharia. Following the death of the Prophet and once they had determined the Imam as absent,ijtihadevolved into a practice of applying careful reason in order to uncover the knowledge of whatImamswould have done in particular legal situations. The decisions theImamswould have made were explored through the application of the Qur'an, Sunnah,ijmaand'aql(reason). It was not until the end of the eighteenth century that the title ofmujtahidbecame associated with the termfaqihor one who is an expert in jurisprudence. From this point on religious courts began to increase in number and the ulama were transformed by Shia Islamic authorities into the new producer ofijtihad.Early Shiite theologians had denouncedSunniinterpretative tools likeIjtihadandQiyas( analogical reasoning) citing reports from theShi'i Imams.They held thatIjtihadwas a deductive process based on personal conjecture to argue that it had no legal basis in theshari‘a(Islamic law). Therefore, until the 13th century, the concept of Ijtihad was denounced disparagingly by the Shi'i jurists, who wanted to construct a systematic and stable legal edifice that was devoid of any uncertainty. However, with the passage of time some Shia jurists sensed the need to respond to newer and novel circumstances.

According toUsulischolars,Mujtahidsexisted continuously since the 16th century and employedIjtihadto form new laws according to altering circumstances.From the late 18th century,Usulijurists had advocated for appending'Aql(intellect) as the fourth source of law. This enabled them to issue legal opinions based on societal needs. TheAkhbarischool rejected the idea of human intellect playing any role in legal reasoning.In order to produce perceptivemujtahidsthat could fulfill this important role,Usulisdeveloped theprinciples of Shia jurisprudence(Usool) to provide a foundation for scholarly deduction of Islamic law.Shaykh Murtada Ansariand his successors developed the school of Shia law, dividing the legal decisions into four levels of certainty (qat), valid conjecture (zann), doubt (shakk), and erroneous conjecture (wahm). These rules allowedmujtahidsto issue adjudications on any subject, that could be derived through this process ofijtihad,demonstrating responsibility to the Shia community.Furthermore, according to Shia Islamic Jurisprudence a believer of Islam is either aMujtahid(one that expresses their own legal reasoning), or aMuqallid(one performing taqlid—following or imitating a Mujtahid) and aMuhtat( "a lay Shiite who does not follow anyone, yet acts on such precaution that assures him the fulfilment of his religious obligations" ).Most Shia Muslims qualify asMuqallid,and therefore are very dependent on the rulings of theMujtahids.Therefore, theMujtahidsmust be well prepared to performijtihad,as the community ofMuqallidare dependent on their rulings. Not only did Shia Muslims require:

• Knowledge of the texts of the Qur'an and Sunnah
• Justice in matters of public and personal life
• Utmost piety
• Understanding of the cases where Shiamujtahidsreached consensus
• Ability to exercise competence and authority

However, these scholars also depended on further training that could be received in religious centers called Hawza. At these centers they are taught the important subjects and technical knowledge amujtahidneed be proficient in such as:

• Arabic grammar and literature
• Logic
• Extensive knowledge of the Qur'anic sciences and Hadith
• Science of narrators
• Principle of Jurisprudence
• Comparative Jurisprudence

Therefore, Shiamujtahidsremain revered throughout the Shia Islamic world. The relationship between themujtahidsandmuqallidscontinues to address and solve the contemporary legal issues. Participating in ijtihad, however, has been cautioned by scholars for those not properly educated in interpretation of the Qu'ran. This is narrated byAli ibn Husayn Zayn al-Abidin,the great-grandson of Muhammad, when he cautionedAban ibn abi-Ayyash,a fellow companion, saying, "Oh brother from 'Abd Qays, if the issue becomes clear to you, then accept it. Otherwise remain silent and defer to Allah because your interpretation from the truth will be as far from the Earth as the sky."

Femalemujtahids

Women can beMujtahidand throughout Islamic history there were well known female Islamic scholars andMujtahidswho played an important role in traditional Islamic discourse.Aishathe wife of Muhammad was a well-known hadith scholar and aMujtahid.She was an assertive, intelligent woman as well as an eloquent speaker. According toUrwah Ibn Zubair,Aisha was the most knowledgeable inhadithandfiqhand surpassed everyone in knowledge of poetry and medicine.Al-Zuhristudied under the well-known woman jurist of the day, Amrah bint Abdul Rahman. She was one of the most knowledgeable people of hadith and was described as an "ocean of knowledge". When the judge of Madinah heard Amrah's message, he did not feel the need to get a male opinion, although Madinah was then housing the famous Seven Jurists. Islamic scholarAkram Nadwipublished a 40-volume biographical collection of female Muslim scholars wherein more than 8,000 female scholars were detailed. Other famous femaleMuhaddithaand jurists include Zainab bint Kamal, Fatima Al Batayahiyyah, Fatimah bint Muhammad al Samarqandi, etc.Fatima Al Fihiriyyafounded theUniversity of QarawiyyininFezin 859, world's first academic university that offered a degree. Scholars such asUmm al-Dardaused to sit and debate with male scholars in the mosque. She was a teacher of hadith and Fiqh and also lectured in the men's section. One of her students was aCaliph.

InShiism,there have been dozens of women who have attained the rank in the modern history of Iran (for instance,Amina Bint al-Majlisiin the Safavid era, Bibi Khanum in the Qajar era,Lady Aminin the Pahlavi era, andZohreh Sefatiduring the time of the Islamic Republic).There are diverging opinions as to whether a femalemujtahidcan be amarjaʻor not.Zohreh Sefatiand some male jurists believe a femalemujtahidacan become amarja‘— in other words, they believe that believers performtaqlid(emulation) of a female mujtahid— but most male jurists believe amarjaʻmust be male.

References

Further reading

• Wael Hallaq:“Was the Gate of Ijtihad Closed?”,International Journal of Middle East Studies,16, 1 (1984), 3–41.
• Glassé, Cyril,The Concise Encyclopaedia of Islam,2nd Edition, Stacey International, London (1991)ISBN0-905743-65-2
• Goldziher, Ignaz(translated by A And R Hamori),Introduction to Islamic Theology and Law,Princeton University Press, Princeton New Jersey (1981)ISBN0-691-10099-3
• Kamali, Mohammad HashimPrinciples of Islamic Jurisprudence,Islamic Texts Society,Cambridge (1991)ISBN0-946621-24-1.
• Carlos Martínez, “Limiting the Power of Religion from Within: Probabilism and Ishtihad,” inReligion and Its Other: Secular and Sacral Concepts and Practices in Interaction.Edited by Heike Bock, Jörg Feuchter, and Michi Knecht (Frankfurt/M., Campus Verlag, 2008).

External links

• Ijtihad against the Text
• Two Theories of Ijtihad
• An Introduction to Islamic Law by Joseph Schacht
• A Detailed Q & A on Ijtihad
• Opening the doors of Ijtihad, essay by Fred Dallmayr on resetdoc.org