IJTIHAD-ZB

The Concept of IJTIHAD and it’s contemporary application

Prepared and Presented by:

MUFTI ZUBAIR BAYAT (MA)

- by Mufti Zubair Bayat (MA) -2

IJTIHAD – AN OVERVIEW

QUESTIONS: “Are the doors of Ijtihad closed?” “If so, when were the doors closed and by whom?” “What is Ijtihad?” “Who is permitted to do Ijtihad?” “Do present day Ulama do Ijtihad?” “If not, why not?” “What is the rationale permitting Ijtihad?”



QUESTIONS (more): “Why only the schools of 4 Mujtahids recognised?” “What are the actual functions of a Mujtahid?” “Is Ijtihad divisible?” “Will Ijtihad be able to solve contemporary problems

facing the Ummah?” “Is Ijtihad a source of the Shariáh, alongside others?” “Is Taqlid allowed; why have some condemned it?”



NEED FOR IJTIHAD: Primary source of Law is Allah Almighty - legislates

through Wahi - revelation Direct revelation – Holy Quran +/- 500 verses Indirect revelation – Prophet (sallallahu-alayhi-

wasallam) – Hadith – 2000 narrations This is last and final Shariáh – no further revelation

till Qiyamah Yet situations/issues/problems continuously arise

and are countless in number, hence Ijtihad required



DEFINITION OF IJTIHAD: Literal/Lexical: “Tremendous exertion; great striving; strenuous

endeavour; expending maximum effort” Technical: “Applying maximum effort, with due process, to

ascertain the law of Shari’ah by one who is competent to do so” Common usage: “Issuing a sound judgment or considered

opinion” Figurative meaning: ‘Ijtihad’ of a Faqih – referred to as ‘Takhrij’ Ijtihad is NOT a source of law as commonly believed - it is an

apptitude, process, instrument or methodology of interpretation



CONNOTATIONS of definition: Ijtihad is the ability to interpret Divine Text by inferring new

rulings, in order to relate it to changing conditions, and to thereby make the Shari’ah relevant for all times and eras

Endeavour of qualified jurist to ascertain Shariah ruling on a legal issue through utmost intellectual exertion

At all times must be in harmony with letter & spirit of Shariáh Creates harmony between revelation & reason Involves the analytical study of texts with a view to infer

principles, rules & precedents for application to new situations Entails element of speculation & probability (zann) as outcome

could be erroneous, yet rewarding (Hadith) Must be consistent and constant throughout its application



EVIDENCE FOR IJTIHAD - QURAN AND SUNNAH: Quránic verses: Ankaboot 29/69; Taubah 9/122; Nisa

4/59; Nisa 4/83; Ambiya 21/7 Hadith texts: Hadith of Mu’az (RA); Uqbah bin Aamir

(RA); Ali (RA); Asr in Bani-Quraizah Rationale: as explained Ijtihad is Wajib for competent Mujtahid – not allowed to

make Taqleed



METHODOLOGY OF IJTIHAD: HANAFIS: Qurán, Sunnah, Verdict of

Sahaba (RA), Ijma, Qiyas, Istihsan, Urf, Dharoorah

MALIKIS: Amal of Madinah, Masalih-Mursala SHAFIS: Qiyas only HAMBALIS: Fatwa of Tabiíeen Next 2 diagrams: Area of operation of Ijtihad



Shariáh Law

Law not mentioned Law mentioned

Contradictory Non-contradictoryIjtihad

Date known Date unknown No Ijtihad

No Ijtihad Ijtihad



Shariah Texts

Decisive inauthenticity& meaning

Doubtful inAuthenticity;Decisive inmeaning

Doubtful inauthenticity& meaning

Decisive inAuthenticity;not meaning

No Ijtihad Ijtihad Ijtihad Ijtihad



QUALIFICATIONS FOR MUJTAHID: Arabic language – complete mastery Quran – detailed knowledge Sunnah – in-depth learning Qiyas capability – analytical, razor-sharp mind Maqasid-Shariáh knowledge Piety, righteousness & compliance Inherent aptitude for Ijtihad – God-given ability Popular acclaim & wide public acceptance



DUTIES/TASKS OF A MUJTAHID: Discover law through literal interpretation

(‘reading in’) of texts – dalaalat Extend law to new cases similar to existing

cases in texts through Qiyas based on Illah Extend law to new cases not found in texts at

all through Istihsan/Masalih based on Hikma All of this is practiced as a seamless activity



Additional DUTIES OF A MUJTAHID: Deep knowledge of Nasikh-Mansookh

(Discipline of Abrogation) Ability to exercise Tarjeeh (preference) and

Jam’ (reconciliation of texts) Competency to comprehend aspects of

Bayan in Divine texts



IS IT POSSIBLE FOR AN ABSOLUTE MUJTAHID (MUTLAQ) TO EXIST TODAY?

View 1: Not possible after 4 Imams -incorrect View 2: Possible if Allah wishes View 3: Exists for all times – Hanbalis View 4: Lesser degree of Mujtahids exist



6 CATEGORIES OF MUJTAHIDS/FAQIHS: Mujtahid-Mutlaq – Absolute Mujtahid – 4 Imams & others – set

principles of school/jurisprudence Mujtahid-fil-Mazhab – Jurists within school – deal with

substantive aspects of law Mujtahid-fil-Masaíl – Jurists within school – deal with new

issues of law not legislated Ashab-al-Takhrij – Clarify existing law Ashab-al-Tarjeeh – establish preference for a view Ashab-al-Tashih – competent Faqihs; Ulama-al-Mutabahireen Muqallideen – lay general public including non-specialist Ulama



GENERAL OBSERVATIONS: Distinction between Ijtihad, Takhrij & Taqlid; distinction

between Mujtahid, Faqih/Mufti & Muqallid essential Mujtahids legislate law for the 1st time! Mujtahid built

system; Faqih extends system in consistent manner Faqihs do not legislate; use existing framework to

issue verdicts, like Judge Judges use statutes & precedents for judgment Faqih fulfils similar role as judge



ROLE & DUTIES OF A FAQIH/MUFTI: Implement & extend Principles of law (Usool) in new

situations Implement & extend Maxims of law (Qawaid-Kulliah)

in contemporary situations Develop 3rd mode of Ijtihad – value-oriented Fiqh –

theory of values & interests – Maqasid-as-Shariáh All of the above must be consistent within existing

schools



CONTEMPORARY APPLICATION OF IJTIHAD: Urgent need for ‘Ijtihad’ in current age to solve

political, economical, medical, social, educational problems

Due to complexities and specialisation, need for collective ‘Ijtihad’ through association of jurists

Establishment of Fiqh Councils to exercise ‘Ijtihad’ Endeavours of Fiqh Councils & Jurists



CONTEMPORARY IJTIHADI RULINGS: Islamic banking & finance – Bio-medical issues – Ibadah-based problems – Political issues –



??? Questions ???

SHUKRAN

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IJTIHAD-ZB