IJTIHAD-A CLOSER LOOK FROM

THE MODERN PERSPECTIVE

• PRESENTED BY :
FARHAN RIYAZ KHAN
 IJTIHAD
PRESENTATION INDEX
• MEANING

• HOW IJTIHAD IS PERFORMED

• THE GATE OF IJTIHAD WAS CLOSED-REALITY OR

A MYTH?

• IJTIHAD IN MODERN TIMES-NEED OF THE HOUR

• CONCLUSION
 IJTIHAD-MEANING
• CLASSICAL • IN OTHER WORDS…IT
DEFINITION: IJTIHAD IS IS THE MAXIMUM
THE EXERTION OF EFFORT EXPENDED BY
MENTAL ENERGY IN THE JURIST TO
THE SEARCH FOR A MASTER AND APPLY
LEGAL OPINION TO THE PRINCIPLES AND
THE EXTENT THAT THE RULES OF USUL AL-
FACULTIES OF THE FIQH(LEGAL THEORY)
JURIST BECOME FOR THE PURPOSE OF
INCAPABLE OF DISCOVERING GOD’S
FURTHER EFFORT. LAW.
 PERFORMING IJTIHAD
• THE QURAN AND THE SUNNA OF PROPHET DO NOT AS A RULE SPECIFY THE LAW BUT
ONLY CONTAIN SOME RULINGS (AHKAM) AND INDICATIONS(DALALAT)THAT LEAD TO
THE CAUSES(ILAL)OF THESE RULINGS

• ON THE BASIS OF THESE INDICATIONS AND CAUSES A MUJTAHID MAY ATTEMPTING

THE PROCEDURE OF QIYAS(ANALOGY) DISCOVER THE JUDGEMENT OF THE
UNPRECEDENTED CASE

• HE MUST FIRST SEARCH FOR THE JUDGEMENT IN THE WORKS OF RENOUNED

JURISTS.IF HE FAILS TO FIND A PRECEDENT,THEN HE MAY LOOK FOR A SIMILAR CASE
IN WHICH LEGAL ACTS ARE DIFFERENT BUT LEGAL FACTS ARE THE SAME.FAILING
THIS HE MUST TURN TO THE QURAN OR THE SUNNA OR IJMA( CONSENSUS) FOR A
PRECEDENT THAT HAS A SIMILAR CAUSE.WHEN THIS IS REACHED HE MUST APPLY
THE PRINCIPLES OF QIYAS IN ODER TO REACH THE RULINGS OF THE CASE. THIS
RULING MAY BE ONE OF THE FOLLOWING : THE OBLIGATORY( WAJIB), THE
FORBIDDEN (MAHZUR),THE RECOMMENDED(MANDUB),THE PERMISSIBLE(MUBAH) OR
THE DISAPPROVED (MAKRUH)
 WAS THE GATE OF IJTIHAD
CLOSED?
• THE ACTIVITY OF IJTIHAD IS ASSUMED BY
MANY MODERN SCHOLARS TO HAVE BEEN
CEASED ABOUT THE END OF THE END OF
THE THIRD CENTURY/NINTH CENTURY,WITH
THE CONSENT OF MUSLIM JURIST
THEMSELVES.THIS PROCESS IS KNOWN AS
‘CLOSING THE GATES OF IJTIHAD’
• IN ARABIC : INSIDAD BAB AL- IJTIHAD
 REASONS FOR THE GATES OF
IJTIHAD TO BE CLOSED
• THE SCHOLARS OF ALL SCHOOLS FELT THAT THE
ESSENTIAL QUESTIONS HAD BEEN THOROUGHLY
DISCUSSED
• CONSENSUS GRADUALLY DEVELOPED THAT FROM
THAT TIME ONWARDS NO ONE MIGHT BE DEEMED
TO HAVE THE NECESSARY QUALIFICATIONS FOR
INDEPENDENT REASONING IN LAW
• IN OTHER WORDS INTERPRETATION OF THE
DOCTRINE HAD BEEN LAID DOWN ONCE AND FOR
ALL AND AMOUNTED TO THE DEMAND FOR TAKLID
 CLOSING THE GATES OF
IJTIHAD-A MYTH OR A REALITY?
• THERE HAVE BEEN VARIOUS ACCOUNTS ON THE SUBJECT WHICH
HAVE LED TO A LOT OF INACCURACIES.FOR EXAMPLE: THE
TIMEFRAME IN ITSELF IS QUESTIONABLE AND SEEM TO BE
BASELESS.
• BY ANALYSING THE LITERATURES ON THE SUBJECT IT WILL BE
CLEAR THAT THE DOORS WERE NOT REALLY CLOSED AND THAT
JURISTS WHO WERE CAPABLE OF IJTIHAD EXISTED AT NEARLY ALL
TIMES WHO USED IJTIHAD IN FORMULATION OF POSITIVE LAW.
• ONE OF THE PRIMARY OBJECTIVES OF USUL AL-FIQH TO BE
ESTABLISHED WAS TO LAY DOWN A COHERENT SYSTEM OF
PRINCIPLES THROUGH WHICH A QUALIFIED JURIST COULD
EXTRACT RULINGS FOR NOVEL CASES,THUS IF THE PRACTICE OF
IJTIHAD WAS THE PRIMARY OBJECTIVE OF THE METHODOLOGY THE
QUESTION ARISES IN WHAT WAY WAS THE GATE OF IJTIHAD
THOUGHT TO HAVE BEEN CLOSED?
 EVIDENCE AGAINST THE GATE
OF IJTIHAD TO BE CLOSED
• ASSUMPTION FOR THE GATE OF IJTIHAD TO BE CLOSED:

IT HAS BEEN ASSUMED,AMONG OTHER THINGS THAT THE PRACTICE OF IJTIHAD

WAS ABANDONED BECAUSE THE QUALIFICATIONS REQUIRED FOR THE
PRACTICE”WERE MADE SO IMMACULATE AND RIGOROUS AND WERE SET SO
HIGH THAT THEY WERE HUMANLY IMPOSSIBLE FOR FULFILLMENT”.

REBUTTAL :
THE EARLIEST COMPLETE PUBLISHED ACCOUNT OF USUL AL-FIQH IN WHICH
THE QUALIFICATIONS OF MUJTAHIDS ARE STATED IS ABU HUSAYN AL-BASRI’S
AL-MU TAMAD FI USUL AL FIQH.
REQUIREMENTS OF A MUJTAHID:
a. KNOWLEDGE OF THE QURAN,SUNNA OF THE PROPHET
b. INVESTIGATION OF THE WAYS OF THE HADITH TRANSMISSION
c. IN THE PROCESS OF DEDUCING THE ILLA FROM THE ASL,THE TEXT,HAS TO BE
ANALYSED
d. FAMILIARITY WITH THE ARABIC LANGUAGE
e. FAMILIARITY WITH THE CUSTOMARY LAW (URF)
• f. THE JURIST MUST ACQUAINT HIMSELF WITH GOD’S ATTRIBUTES

WHEN DISCUSSING THE REQUIREMENTS OF IJTIHAD GHAZALI (d. 505/1111) MAINTAINED

THAT IN ORDER TO REACH THE RANK OF MUJTAHID THE JURIST MUST:

a. KNOW THE 500 VERSES NEEDED IN LAW,COMMITTING THEM TO MEMORY IS NOT

A PRE-REQUISITE
b. KNOW THE WAY OF RELEVANT HADITH LITERATURE,HE ONLY NEEDS TO
MAINTAIN A RELIABLE COPY OF ABU DAWUD’S OR BAYHAQI’S COLLECTIONS
RATHER THAN MEMORIZE THEIR CONTENTS
c. KNOW THE SUBSTANCE OF FURU WORKS AND POINTS SUBJECT TO IJMA
d. KNOW THE METHODS BY WHICH LEGAL EVIDENCE IS DERIVED FROM THE TEXTS
e. KNOW THE ARABIC LANGUAGE
f. KNOW THE RULES GOVERNING THE DOCTRINE OF ABROGATION
g. INVESTIGATE THE AUTHENTICITY OF HADITH

THESE QUALIFICATIONS,GHAZALI REMARKS ARE REQUIRED FROM THE JURISTS WHO

INTENT TO EMBARK ON IJTIHAD ON ALL AREAS.THOSE WHO WANT TO PRACTICE IJTIHAD IN
ONE AREA NEED NOT FULFILL ALL THE CONDITIONS
• SUCCESSORS OF GHAZALI AND AMIDI,SUCH AS BAYDAWI (685/1286) SUBKI( 771/1370)
ISNAWI ( 772/1370) IBN AL-HUMAM (861/1456) ANSARI (1119/1707) DID NOT DEPART
SIGNIFICANTLY FROM THE ESTABLISHED SUNNI LEGAL DOCTRINE PROPOUNDED BY
GHAZALI.IMPORTANTLY THE DIVISIBILITY OF IJTIHAD WAS RECOGNISED TO BE LAWFUL
IN SUNNI LAW AND THUS A LIMITED KNOWLEDGE OF USUL WAS SUFFICIENT TO ALLOW
A JURIST TO PRACTICE IJTIHAD IN AN INDIVIDUAL CASE.

• IT WOULD THEREFORE BE IMPLAUSIBLE TO MAINTAIN THAT THE

QUALIFICATIONS FOR IJTIHAD AS SET FORTH IN MUSLIM LEGAL WRITING
MADE IT IMPOSSIBLE FOR JURISTS TO PRACTICE IJTIHAD.

• THE PRACTICE OF IJTIHAD WAS FURTHER FACILITATED BY REMOVING THE

CHARGE OF SIN FROM THE MUJTAHID WHO COMMITS AN ERROR AND EVEN
MADE HIM ENTITLE TO ONE REWARD IN HEAVEN.IN THE CASE THE
MUJTAHID WHOSE IJTIHAD WAS SOUND IT WAS DETERMINED THAT HE BE
DOUBLY REWARDED.

• TO CONCLUDE THE FIRST ASSUMPTION IT CAN BE SAID THAT THE

QUALIFICATIONS REQUIRED FOR THE PRACTICE OF IJTIHAD CAN HARDLY BE
HELD RESPONSIBLE FOR NARROWING THE SCOPE OF IJTIHAD’S ACTIVITY
MUCH LESS CLOSE THE GATES.
ANTI-IJTIHAD TRENDS AND THEIR EXCLUSION
FROM SUNNISM-FURTHER EVIDENCE
• DAWUD AL-ZAHIRI • HASHWIS

THEIR CHIEF INTEREST WAS THEOLOGY

EVEN REJECTED THE STRICT PROCEDURE
(USUL AL-DIN) RATHER THAN LAW. THEY
OF QIYAS EVEN WHEN SOLELY BASED ON
THOUCHED UPON LEGAL MATTERS ONLY
SCRIPTURE. BECAUSE OF HIS INIMICAL
WHEN THEY HAD IMMEDIATE RELEVANCE
ATTITUDE TOWARDS IJTIHAD,HE FOUND NO
TO THEOLOGY.SUNNI SOURCES DO NOT
PLACE INSIDE THE PALE OF SUNNISM.
ASSOCIATE THE HASHWIYYA WITH ANY
IMMEDIATELY AFTER HIS DEATH A WAVE
SCHOOL OF LAW. HANBALI IBN AQIL
OF WRITING IN FAVOUR OF QIYAS WAS
PRACTICALLY EXCLUDED THEM FROM
GENERATED IN RESPONSE TO DAWUD’S
SUNNISM WHEN THEY DECLARED THAT
TREATISE WHICH HAD ATTACKED THIS
ONE OF THEIR TENET WAS THE REJECTION
ANALOGICAL METHOD.
OF HUMAN REASON.
 THE IJTIHAD OF JUWAYNI AND GHAZALI
• JUWAYNI • GHAZALI
• JUWAYNI’S EDUCATION UNDER THE • HE IS THE FIRST SCHOLAR WHO
GUIDANCE OF HIS FATHER AND OTHER CLAIMED THAT HE WAS CHOSEN BY
EMINET SCHOLARS SEEMS TO HAVE GOD TO REVIVE THE RELIGION OF
GIVEN HIM THE COURAGE TO EXPRESS ISLAM.JURISTS OF THE SHAFI SCHOOL
RADICAL VIEWS IN SHAFI LAW TO AS WELL AS OTHERS LOOKED UPON
WHICH HE ADHERED.IN HIS USUL HIS AS THE RENOVATOR( MUJADDID)
WORK HE SEEMS TO HAVE DEVIATED OF THE 6TH/ 12TH CENTURY AND
FROM SHAFI USUL DOCTRINE AND OFCOURSE A RENOVATOR HAD TO BE
INCORPORATED NEW IDEAS THAT A QUALIFIED MUJTAHID. AL-NAJJAR
STIRRED OPPOSITION IN LATER MAINTAINED THAT A UNIVERSAL
CENTURIES. SUBKI EVELATES JUWAYNI CONSENSUS HAD TAKEN PLACE
TO THE RANK OF MUJTAHID FI AL- CONCERNING THE FACT THAT GHAZALI
MADHHAB. SUBKI POINTS OUT THE WAS THE MUJTAHID OF HIS TIME. TO
SPECIAL DIFFICULTY OF AL-BURHAN GHAZALI ONLY TWO KINDS OF
AND ITS UNIQUENESS AS A BOOK THE MUJTAHIDS WERE KNOWN,THE
THEORY OF WHICH UNLIKE OTHERS IN INDEPENDENT ( MUTLAQ) AND THE
THE FIELD WAS NOT DICTATED BY THE LIMITED (MUQAYYAD). GHAZALI
WORKS OF DOCTRINE OF PREVIOUS RECOGNISED THE EXISTENCE OF
AUTHORITIES. INFACT HE WAS A MUJTAHIDS FI AL-MADHHAB,SPECIALLY
REMAKABLY CREATIVE JURIST AND A THAT HE HIMSELF WAS A MUJTAHID IN
MUJTAHID OF THE HIGHEST CALIBER THE SHAFI SCHOOL.
 THE CONTROVERSY ABOUT THE EXISTENCE
OF MUJTAHIDS

• ONE OF THE MOST IMPORTANT ELEMENTS THAT LARGELY CONTRIBUTED

TO THE DEEPENING OF THIS CONTROVERSY IS THE MISUSE OR THE
MISUNDERSTANDING OF TECHNICAL TERMS. THIS WAS DUE TO THE
ABSENCE OF A COMMON TECHNICAL DICTIONARY TO WHICH THE JURISTS
WOULD CONFORM.
• IN THE COURSE OF TIME THE DEGREE OF CONFUSION INCREASED
STEADILY IN LEGAL LITERATURE. THE DEFINITION OF THE TERM ‘MUJTAHID
MUTLAQ’ ( ABSOLUTE MUJTAHID) IN GHAZALI’S TIME, FOR INSTANCE
DIFFERED FROM THAT GIVEN TO IT LATER. FOR GHAZALI A MUJTAHID
MUTLAQ IS A JURIST WHO IS CAPABLE OF INTERPRETING ALL BRANCHES OF
LAW WITHIN A GIVEN SCHOOL BUT THIS MUJTAHID CANNOT BE THE
FOUNDER OF THE SCHOOL. FOR MAJD AL-DIN IBN TAYMIYYA AND IBN AL-
SALAH THE TERMS MUTLAQ AND MUSTAQILL( INDEPENDENT) ARE ALMOST
SYNONYMOUS. BUT UNLIKE GHAZALI ,THEY ARE GIVEN THE TITTLE
‘MUJTAHID MUTLAQ’ OR ‘ MUSTAQILL’ TO THE EPONYMS OF THE SCHOOLS
RATHER THAN THE LESS QUALIFIED MUJTAHIDS. WHAT GHAZALI CALLS
‘MUTLAQ’ THEY CALL MUNTASIB ( AFFILIATED).
 IJTIHAD IN MODERN TIMES-
NEED OF THE HOUR
• IJTIHAD is an accepted concept in Islam and one can not deny its
legitimacy. In a fast changing world, recourse to ijtihad is a must. However,
there is no need for Ijtihad as far as basic beliefs and Ibadats (Prayers) are
concerned, but in other matters of changed life styles Ijtihad is a great
necessity. It is particularly important in relation to the status of women,
relations between different Muslim Sects, relations between Muslims and
non-Muslims, the role of Muslims in non-Muslim societies, and Islamic
economic theories.

• It has to be understood that freedom of expression is essential to the

practice of ijtihad through which reconciliation of Islam and modernity as
well as reform of educational system can be successfully accomplished. We
are in dire need of Ijtihad; if there were no Ijtihad, the number of Muslims
who would behave according to their personal opinion or according to non
religious norms would multiply in every generation. Many scholars from
different disciplines have expressed the opinion that the loss of ijtihad has
been a central reason for the intellectual conservatism and stagnation in
Muslim societies and, therefore, ijtihad is a prerequisite for the survival of
Islamic Civilization in a modern world.
 COMMENTS ON THE NEED OF
IJTIHAD IN MODERN TIMES
Shah Waliullah Allama Iqbal
an outstanding scholar-reformer and a (1897 -1938-India), noted Islamic Scholar-Philosopher,
thinker par excellence, of eighteenth considered Al-Ijtihad as "the principle of movement in the
structure of Islam". He desired to reconstruct Islamic law
century, emphasized the need for Ijtihad in or Shariah according to the needs and requirements of
order to provide economic and social modern times. Only religious obligations or ibaadat, he
justice to Muslims at large He highly argued, were beyond the law of change since they
constituted the rights of God. But mundane or worldly
decried closing its gates and criticized the matters (muamalaat) relate to the rights of the people and
contemporary Ulema for approving it. are subject to change and modification.

Maulana Waris Mazhari King Hussein

(Islamic Scholar, India)-The tradition of (Jordan), "When Ijtihad-the possibility of
ijtihad has been largely lost and Islamic reconciling faith and present-day life-stopped
thought has fallen prey to stagnation and a long time ago, that was the beginning of a
rigid taqlid or blind conformity to past very sad deterioration that has continued over
precedent. the years and has opened the way to all sorts
of fringe movements and splits. We need to
do whatever we can to repair that mistake."
 Muqtedar Khan Tahir Mahmood
(Islamic Scholar, U.S.).- Today, the Islamic Ummah is in
disarray. It has not only lost its past glory, but has also lost the
capacity to comprehend the virtues and the causes of its past
glory. It is in decline and unable to defend or take care of itself.
After nearly 100 years of Islamic revivalism the best we have to
(Legal authority-India) .. ancient juristic
show is the Taliban. I believe the singular reason for this state wisdom has to be changed through Ijtihad
of affairs is the transformation of a people from processors of
ideas to recyclers of ideas. On the moral and spiritual front we
to meet the contemporary demands.
are trying to recycle the ideas of our forefathers and on the
material front we are just consumers of Western ideas. The
sooner we realize the absence of ideas and encourage,
freedom of thought, creativity, and intellectual self-
determination, the sooner will we recover some semblance of
our past glory and fulfill our God given mandate of universal
moral leadership.

Amin Madani Dr. Ibrahim B. Syed

(Islamic Scholar, Saudi Arabia)-"giving every President, Islamic Research Foundation,
novelty a negative and static response is not an USA, "Only by the exchange of Ideas
impediment to it; on the contrary it encourages its
through Ijtihad, it will be possible to
dissemination because everyone is filled with a
desire for evolution. If the novelty is not examined
safeguard the Muslim world from
in a practical, wise and flexible approach, the deterioration and empty westernization".
masses will avert negativity and adopt the novelty
with all its implications on the premise that it is
one of the requirements of evolution."
 CONCLUSION
• Islam as a religion is based on reason and the Islamic Shariah is founded
on the basis of Ijtihad. Without Ijtihad, it is difficult to claim that Islam is an
eternal religion. Therefore, if any person stands in the way of Ijtihad or tries
to prevent it, he is really undermining the basis of Islam and its Shariah and
destroying its distinctiveness from other religions.

• Hadith “GOD DOES NOT REMOVE KNOWLEDGE SUDDENLY FROM MANKIND

BUT REMOVES IT WHEN SCHOLARS PASS AWAY.AND WHEN ALL SCHOLARS
PERISH THERE WILL ONLY REMAIN IGNORANT LEADERS,WHO WHEN ASKED
TO DECIDE CASES,WILL GIVE JUDGEMENTS WITHOUT HAVING
KNOWLEDGE,THEREBY FALLING IN ERROR AND LEADING OTHERS ASHTRAY”

• Hadith …………. Every hundred years, the people renew their faith…God sends to
this nation at the start of every one hundred years to renew its religion” -Narrated by
Abu Dawood
 THANK YOU
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