Introducation
Usually, it is believed that the Muslim scholar must try his
best to find out solution for a matter in the light of Holy Quran and Sunnah
especially when such matter is not resolved expressly in the Holy Quran and
Sunnah and through Ijma. This is the doctrine of Ijtehad and the same is
recognized by the four Sunni School of thought. The different forms of Ijtehad are
Istehsan, Mesaleh Mersela, Istajab and Istedlal. Ijtehad is considered as
living source of Islamic law.
Meaning
(i) Literally Meaning
Literally Ijtihad means “the expanding of the maximum
effort in performacne of an act or job”.
(ii) Linguistic Meaning
It has been derived from an Arabic word “Jehid” which means
to struggle or to strive hard.
Definition
(i) General Definition
“Ijtihad is the general process of Juristic endeavor to
ascertain the terms of Shariah law”.
(ii) Al-Anasari
“Ijtihad means to strive hard to know the rules of Shariah”.
Concept of Ijtihad
According to FARUKI, the concept of Ijtihad defines as,
“systematic reasoning and disciplined striving”.
In the Light of Quan
v “And those who strive in our (Cause), We will certainly guide
them to our Paths for verily Allah is with those who do right”. (29:69)
v Nor should the believers all go forth together, if a contingent
from every expedition remained behind they could devote themselves to studies
in religion and admonish the people when they return to them, that thus they
(may Learn) to guard themselves (against evil)” (9:122)
Limitations
(a) Explicit and Clear Rule
There is no Ijtihad where the rule in text is explicit. In
other words, when the rule in the text is so clear that more than are meaning
cannot be derived from it, the jurists is prohibited from under taking Ijtihad
on that.
(b) Interpretations
While arguing from The Holy Quran it is imperative to interpret
the meaning of a verse in accordance with the requirement of the languages.
Following are the limitations on the exercising of Ijtihad
v
It cannot be exercised on
the verses of The Holy Quran
v
It cannot be exercised on
Mutawatir Sunnah
v
It cannot be exercised on
Moral truths
v
It cannot be exercised of
five pillars of Islam
v
It cannot be exercised on
all definitive rules of Islam
Kind of Ijtihad
Following are the three Kinds
(i) AL-BAYANI
This kind elaborates the meaning and make it evident.
(ii) AL-QIYASI
This kind is usually called Qiyas. It is literally means
measuring or judging the things on the basis of equality and analogy.
(iii) AL-ISTISLAHI
In this kind a specific problem arises which has no
identical precedent on the authority of some general maxims or principles of
law.
The Qualities or Qualifications of a Mujtahid
He should have faith in the Shariah and the conviction of
its truthfulness, a sincere intention to tail it, nonattendance of any yearning
to act autonomously of it and the will to derive inspiration and acquire all targets,
principles and values from it and not from any other source.
He should have a proper knowledge of the Arabic language,
its grammar and literature. He should have such knowledge and insight of the
teachings of the Quran and Sunnah as would enable him not only to be conversant
with the details of Islamic injunctions and their application in actual
practice but he should also fully, appreciate the basic principles of the
Shariah and its objectives.
He should have ability to scrutinize and judge the soundness
of Hadith.
He should be acquainted with the contributions of earlier
jurists and thinkers (mujtahidin) of Islam. This is necessary not merely for
the training in the technique of Ijtihad but also for the sake of ensuring
continuity in the evolution of law.
He should be acquainted with the problems and conditions of
his time, the new problems of life to which an answer is sought and the new
conditions in which the principles and injuctions of the Shariah are to be
applied.
He should possess commendable character and conduct
according to the Islamic ethical standard.
Technique of Ijtihad
Just as Ijtihad and any legislation based thereon depends
for its popular acceptance on the ability of those in charge of it, also its
prosperity would to an expansive, depend upon the employment of a correct
method and proper technique. A Mujtahid, whether he is engaged in the
interpretation of injunctions or is busy
in analogical reasoning or in drawing ingerences, has, in any event, to base
his reasoning on the Quran and the Sunnah.
Every while indulging in “independent legislation” in the
sphere of permissible (Mubahat) he must clearly establish that the Quran and
the Sunnah have not laid down any rule or order, nor even have furnished a
basis for any analogy for that particular issue.
Furthermore, the methods adopted for putting construction on
the Quran and the Sunnah should be reasonable and well recognized. While
arguing from the Quran it is imperative to interpret the meaning of a verse in
accordance with the requirements of the language, i.e, Arabic lexicography,
grammar and established usage which should fit into the context of the verse
and may not be in conflict with the observations made elsewhere in the Quran on
the same topic.
In addition to that, if it is not positively supported by
word or deed of the Prophet Muhammad (Peace Be Upon Him), at least the Sunnah
should not be contrary to such meaning.
It is also essential that the traditions which are relied
upon about a particular matter are authentic, and the other relevant traditions
are not ignored and no single citation (Khabar-e-Wahid) is allowed to hold its
own against a Sunnah, that has been well established on the strength of
authentic sources.
Any Ijtihad based on wishful interpretation and in disregard
to these precautions even, if raised to the status of law by did not of
political power, will neither be accepted by the collective conscience of the
Muslim community nor can it form an integral part of an Islamic system of law.
Examples of Ijtihad During the Times of the Caliphs
The first Caliph Abu Bakr (R.A) exercised Ijtihad when he
decided to wage a war against those tribes which refused to pay Zakah.
The Second Caliph Umar (R.A) also resorted to Ijtihad when
he made different reforms in the structure of Islamic State. He also relied on
Ijtihad on religious matters, the Quran prescribes the punishment of cutting
the hand of a thief on 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
who were driven to steal to fulfill their basic need and did not cut their
hands.
He prohibited selling of any slave girl who was the mother
of child. Similarly, he stopped giving Zakah that was given to the new converts
to incline their hearts towards Islam, as he held that Islam was now strong and
did not need this incentive for the new converts.
Final Analysis
Hence for final analysis, we can say that, Ijtihad is
permissible only where on expressed injuctions of Quran and Sunnah are
available. Ijithad can only be exercised by Mujthaids who are very highly
Qualified independent jurists. Ijtihad is to strive hard to know the rules of
Shariah. Taqleed is exercised by Fiqh and taqleed means to follow the opinion
of another person without questioning the authority of such opinion.
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