IJTIHAD

Ijtihad is a fundamental principle of Islamic law. In Islamic jurisprudence, the holy books do not "state"
the law in a legal sense; rather, they contain the law. Extraction refers to the process of deriving legal
norms from the sources of the law. Ijtihad can be likened to "interpretation" in Western law. Individual
reasoning, or ijtihad, is the source of law farthest from flawless divine revelation. It allows jurists to find
legal solutions to questions not directly covered by the Qur'an and the Sunnah. The concept that
individual reasoning could be used to provide answers when qiyas did not offer a solution enabled jurists
to use their own intellect to address legal questions based on the entirety of the law. Therefore, ijtihad
represents a well-reasoned judgment developed by a legal scholar based on their thorough
understanding of the Quran and Sunnah. (Weiss, B.)

The term ijtihad can be defined literally as the exertion of one's utmost effort while carrying out an
action. From a technical standpoint, ijtihad refers to the effort made by a Mujtahid to comprehend the
rules of Shariah in order to acquire knowledge of them.

Although the traditional definition of ijtihad pertains to the comprehensive use of a lawyer's faculties to
assess the sources of the law (such as the Quran, traditions, and ijma) to ascertain the most probable
interpretation of the law, ijtihad extends beyond this scope.

In support of ijtihad, the following Quranic verses are noteworthy: "And we have revealed to you the
Book explaining all things," "We have neglected nothing in the Book," and "So ask the people of the
message if you do not know."

There are ahadith that support the practice of ijtihad. One hadith states, 'Exercise ijtihad because Allah
makes the work easy for the person for which he is born in this world.' Another hadith mentions that
'When a ruler exercises ijtihad properly in resolving an issue, he is to be rewarded by Allah in dual way
and if he is wrong in his conclusion, he gets one reward.'

The right of ijtihad is widely understood to be restricted to the Mujtahids, who are the highest
authorities on Islamic law. The functions or roles of a Mujtahid include uncovering the law that is either
directly mentioned in the main sources or implicit in the texts, applying the law to novel situations
analogous to those stated in textual sources, and extending the law to new circumstances not covered
by other techniques.

"Ijtihad" is subject to limitations. It cannot be applied to matters explicitly addressed in the Quran,
Hadith, or Ijma. Fundamental tenets of Islam, such as the obligation to pay Zakat and the prohibition of
murder, are beyond the scope of ijtihad. According to "PLD 1981 FSc 23," "Ijtihad is permissible only in
areas where there is no explicit directive in the Holy Quran or Sunnah.

Ijtihad can be performed through various modes. Initially, a jurist may engage in ijtihad through literal
construction, focusing on the text's literal meaning and applying the plain meaning rule. Subsequently,
the jurist may resort to Qiyas once the literal interpretation is exhausted, limiting comparisons to rigid
sorts. The final level involves collective textual dependence, where the jurist may rely on the
combination of all texts after exhausting the previous two modes. This approach indicates that legal
reasoning is conducted in line with the spirit and aims of the law, rather than being restricted to specific
texts.
To be considered a Mujtahid, one must possess certain qualifications. According to the author of Jam Ul
Jawami, these include being an adult with a mature and sound mind, possessing adequate intelligence,
and having a good grasp of the Arabic language and grammar. Additionally, a Mujtahid should be well-
versed in the principles of law and familiar with the sources of law, such as the Quran and Sunnah.
Understanding the fundamental principles of Shariah and being able to discern instances of abrogation
(Naskh) are also essential. Furthermore, a Mujtahid should have a deep understanding of the
circumstances surrounding the revelation and repudiation of Quranic passages.

As per the distinguished scholar Fakhural Islam, a Mujtahid must meet the following requirements:

1. Proficiency in Islamic jurisprudence and relevant laws across various domains.

2. Knowledge of the Quran, including its literal and dictionary meanings, and the capability to interpret
its passages.

3. Familiarity with the traditions, particularly the ability to discern between genuine and non-authentic
Matwatar and Mashhoor traditions, as well as an understanding of the rules of authenticity that verify
the traditions.

4. Understanding of the laws and procedures of analogical deduction, and full proficiency in applying
them.

In addition to the aforementioned qualifications, a Mujtahid must also demonstrate unwavering faith
and convictional bravery. Proficiency in the Arabic language and literature, along with a deep
understanding of Fiqh, its core principles, and related subjects, is essential. Moreover, the Mujtahid
should have a comprehensive grasp of various forms of textual elaboration (bayan) and the contexts in
which they are employed by the lawgiver. An insightful awareness of contemporary developments and a
pragmatic assessment of current needs are also necessary.

The issue of whether ijtihad can still be practiced today remains a matter of debate. In traditional Sunni
Islamic law, there is a widely held belief that by the 10th century, the foundational principles of Islamic
law had been firmly established by eminent scholars, effectively closing "the gates of ijtihad." However,
this concept of the "closing of the gates of ijtihad" was not accepted in Shi'ah legal doctrine. According
to Shi'ah belief, the hidden Imam (the 12th Imam of the Shi'ah, entombed in the mosque of Samara in
Baghdad) has always been a source of reinterpretation and even radical transformation of existing
concepts. Nevertheless, around the 10th century, both Shi'ah and Sunni legal traditions experienced a
period of stagnation.

In his work "Interpretation in Islamic Law: The Theory of Ijtihad" (1978), Weiss argues that Ijtihad is a
continuous process that leads to the ever-growing body of God's Law. Consensus extracts elements from
this ongoing deliberative process and solidifies them within the realm of the absolute. Ijtihad is the
method by which a jurist constructs a valid opinion on what the Law of God might entail. A jurist must
first assess the reliability of the passage from which they intend to derive the disputed rule.

In "The Ijtihad Controversy" by Ali-karamali (1994), Schacht appears to have come full circle, especially
considering his initial assertion that "the ideology deriding the future prospect of 'independent
reasoning' formally endorsed a prevailing practical situation." This statement appears contradictory to
his later suggestion that the door to ijtihad was only closed in principle. Many scholars, influenced by
Schacht's perspective on ijtihad, seem to have uncritically adopted his views. For instance, Khadduri, a
tenth-century writer, stated that any attempt to contradict the teachings of the four schools of Islamic
law was an innovation and should be punished accordingly.

The Hanbali school maintains that a Milhaud should consistently exist, a viewpoint not explicitly rejected
by other Sunni schools. Some argue that the era of independent jurisprudential thought has concluded,
while others believe that no further development of any school's teachings is possible. Yet,
contemporary Islamic jurists insist that the gates of ijtihad were never closed, advocating for its use to
adapt Islamic law to the modern world. In practice, legislative efforts have frequently been employed to
modify Islamic law to meet the needs of today's world, as seen in various Arab nations, Pakistan, and
Bangladesh. Reforms pertaining to the rights and obligations of Muslim marriage serve as notable
examples of these endeavors.

Ijtihad, the independent reasoning exercised by jurists from the ninth through twelfth centuries A.D.,
ceased to evolve due to the philosophy of Taqlid. It was decreed that the doors of Ijtihad were closed,
forbidding further interpretation of the Quran and Sunnah. However, modern jurists have refuted this
notion.

Taqlid generally involves accepting the viewpoint of another without knowledge of the source of that
opinion. In Islamic jurisprudence, it refers to adopting the judgment of a jurist in matters not explicitly
addressed by the Quran, tradition, or consensus (Ijma).

The concept of Taqlid applies specifically to individuals who do not possess the qualifications of a
Mujtahid, addressing the roles and responsibilities of laypersons who have not received formal training
in law and religion.

Paragraphs 189 and 201 of the Pakistani Constitution of 1973 grant authority to Taqlid, making the
rulings of the Supreme Court and High Courts binding on all lower courts. When lower courts adhere to
the decisions of higher courts, this is known as Taqlid. There are two schools of thought on Mujtahid:
traditionalists and modernists. The traditionalist school does not recognize the right of Ijtehad for later
generations, while the modernist school maintains that the doors of Ijthad are open and that
innovations in Islamic law are possible as long as they adhere to the teachings of the Quran and Sunnah.
Modernists criticize the notion that Taqlid has replaced Ijtihad based on the argument that the very
Quranic passage, the Sunni jurisprudence concept that all juristic conclusions are doubtful, and Ijtihad is
closed, would be inconsistent with this fundamental concept.

In the concept of taqlid, an individual seeking an opinion is required to follow the viewpoint of another,
whereas in the concept of ijtihad, an individual is not bound by the opinion of another and instead
derives the norms of action directly from the sources of Islamic law. Ijtihad requires specific credentials,
while taqlid has no such prerequisites. Additionally, ijtihad serves as a source of law, establishing new
legislation, whereas taqlid does not.

Ijtihad, as a source of law, is constantly evolving to adapt to the contemporary needs of the society,
including economic, social, and political developments. This evolution is essential for empowering
Muslim communities to thrive in the modern era. The concept of Ijtihad with caution was first proposed
by the scholar Shah Wailullah, and was later embraced by Sir Syed Ahmad Khan and Allama Mohammad
Iqbal. According to Allama Iqbal, Ijtihad can be conducted not only by individual jurists, but also by a
legislative assembly. Recognizing the importance of Ijtihad in the modern era, the Shariah ordinance of
1988 in Pakistan mandated the judiciary to ensure that the country's laws are in accordance with the
Quran and Sunnah.

The concept of ijtihad pertains to the obligation of Muslims to bequeath inheritances to their closest
relatives upon their passing. In Egypt, reformers utilized ijtihad to designate orphaned grandchildren as
the exclusive beneficiaries entitled to such compulsory inheritance. The prohibition of polygyny in
Tunisia was established on the basis of the Qur'an. Tunisian lawmakers rejected the traditional
interpretation of the verses on polygamy and khul'. The ruling of the Supreme Court of Pakistan in the
case of Khurshid Bibi v. Muhammed Amin serves as an illustration of ijtihad. In the matter of Hefzur
Rahman v. Shamsun Nahar Begum, a Bangladeshi judge, Mr. Justice Rabbani, offered a reinterpretation
of Qur'anic passages concerning alimony for divorced women.

Conclusively, it can be affirmed that the importance of Ijtihad is deeply ingrained in the dynamic and
adaptable essence of Islam, which serves as a comprehensive and timeless guide for behavior. Islamic
law is open to interpretation by a mujtahid, who may be an individual or a legislative body, within the
parameters set by the Quran and Sunnah. This evolution will lead to a balance between the dictates of
Islam and the needs of modern life.