Ijtihad

(Meanings, Application & Scope)

Shaykh-ul-Islam
Dr Muhammad Tahir-ul-Qadri







Minhaj-ul-Quran Publications
Lahore, Pakistan
Copyright 2007 by Minhaj -ul -Qur an International ,
Lahore , Pakistan. All ri ghts reser ved. No par t of thi s book
may be used or re produced in any manner whatsoe ver
wi thout prior permi ssion, e xcept in c ase of brief quotations
embodied in cri tic al ar ticle s and reviews.


Research Assi stant: Amanat Al i Chaudhry


The e ntir e income of all of Dr Muhammad Tahir -ul -
Qadri s books & r ecorded lec ture s is dedic ated on hi s
behalf to Minhaj -ul-Qur an International .



Pres ented By:
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366-M, Model Town, Lahore, 54700, Pakistan.
www.rese arc h.com.pk
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Contents


Preface 7
Beyond Descri pti on 13
Ijtihad and it s need 21
The scope of law-making in Islam 29
Formulat ive Legislat ion 30
Int erpret at ive legislat ion 31
Significance of Ijtihad in legisl at ion 32
Definit ion of ijtihad 33
Reint erpret at ion of commandment s of t he Quran
and Sunna i s also i jtihad
33
Mut ual relat ionship bet ween t he Holy Quran and
Sunna as source of law
34
The Law-making and law-int erpret ing aspect s 34
The issue of disagreement wit h t he ijtihad of four
Imams
35
The Ijtihad undert aken by t he four Imams is of t wo
t ypes.
36
Causes of st agnat ion charact erizing Islamic law 39
The issue of modif icat ion in t he principle of
ijtihad of four Imams
42
Essent ial at t ribut es of a mujtahid (One who does
ijtihad)
42
Ijtihad: meanings, appli cation & scope 6
Appropriat e met hod of Ijtihad 43
How wil l ijtihad get st at us of law in an Islamic
societ y?
44
Bi bl iography 47




Preface


Seeing t hrough t he post 9/11 ordeal and t he event s t aking
shape in it s backdrop, one can hear t he loud whisper: where
people are ignorant , uncrit ical and irrat ional, t hey are unjust ,
cruel, ready t o perpetrat e and t o t olerat e abuses of
unscr upulous and unchecked power. The Muslim Umma,
inst ead of making t he best of God-sent t reasure of gui dance,
has consigned it t o oblivion, sheer ignorant of t he nihilist
forces and t heir rut hless modus operandi.
It were Musl ims who, once upon a t ime, ill umined t he
worl d wit h t he li ght of gui dance and gave birt h t o t he
present day Europe. In the words of t he 20t h cent ury eminent
scholar Dr. Robert Briffault in hi s famous book The Making
of Humanity:
It was not science which brought Europe back t o life.
Ot her and manifold infl uences from t he civilizat ion of
Islam communicat ed it s first glow t o European life
Down t o t he fift eent h cent ury what ever scient ific
act ivit y exist ed in Europe was engaged in assimilat ing
Arab learning wit hout great ly adding t o it The
Canons of Avicenna (Ibn Sina) and t he Surgery of
Abul-Qasim, remained t he t ext books of medical
science t hroughout Europe unt il t he sevent eent h
cent ury.
1

According t o him, t he Arabs int roduced t hree invent ions
int o Europe, each of which was t o bring about a worl d-
t ransforming revolut ion:

1. Dr Robert Bri ffault, The Making of Humanity, pp. 202, 207.
Ijtihad: meanings, appli cation & scope 8
1. The mariners compass which was t o expand Europe
t o t he ends of the earth;
2. Gun-powder which was t o bring t o an end t he
supremacy of t he armoured knight ;
3. And paper which prepared t he way for t he print ing
press and opened numerous doors of knowledge and
learning.
The Muslims were t hen a rat ional community, employing
all t heir facult ies of mind, doing a scient ific errand on t he
globe. Open, refined, humanizing, creat ive, product ive,
promot ing mans st at ure round t he eart h, t hey went
everywhere and l it t he lamps of reasoning, logi c, scient ific
met hod and love and dignit y of mankind. Hist ory pays t hem
homage.
But t hen it so happened t hat t he law of nat ure wrapped
t heir day int o the night and t he lamp of reason was put out ;
t hey slipped int o a dreadful sl umber and lost t heir cont act
wit h realit y. Now t hey were rigi d misologist s reposing in t he
idea of t he bygone glory.
Allama Dr Muhammad Iqbal felt t he misery and st rived t o
enlight en t hem:
The ult imat e spirit ual basis of all life, as conceived
by Islam, is et ernal and reveals it self in variet y and
change. A societ y based on such a concept ion of
Realit y, must reconcile in it s life, t he cat egories of
permanence and change. It must possess et ernal
principles t o regulat e it s collect ive life; for t he et ernal
gives us a foot hold in the world of perpet ual change.
But et ernal principles, when t hey are underst ood t o
exclude all possi bi lit ies of change which, according t o
t he Quran, is one of t he great est signs of God, t end t o
immobilize what is essent ially mobile in it s nat ure.
2


2. Dr M. Iqbal, Reconstr uction of Religious Thought in Islam, p. 140.
Preface

9
But t he t hings had t aken a calamit ous shape. They are not
ready even t oday t o reconcile the changed realit ies wit h t he
permanent divine law and have t hus failed in regulat ing t heir
life in t he world of perpet ual change in accordance wit h t he
revealed et ernal principles t heir main foot hold. This process
of reconciling t he ever-changing realit ies wit h t he int ent ions
of the permanent laws is what is called ijt ihad.
The Muslims have been exercising i jtihad in every age.
They rose t o t he pinnacle of glory t hrough t his scient ific
met hod of reasoning. And t hey suffered when t hey st opped
doing it . It is not hing but fulfi lling t he day-t o-day
requirement s of life wit hin t he framework of permanent
principles. Wit hin t his framework change is not only
permissi ble but advisable. The condit ions of life are always
changing and t he const it ut ion of t he st at e and machinery of
t he government have got t o be revised and brought up-t o-dat e
from t ime t o t ime. Without t his sound legislat ive exercise we
simply cannot cope up wit h t he ever-growing and ever-
changing demands of life. We must bear in mind t hat progress
is a change t hat brings t he syst em nearer t o perfect ion. It is
change which, while preserving t he values achieved, adds t o
t hem and raises t hem t o a higher level.
But we are so heavily fet t ered in shackles of rigidit y and
misology (hat red for reason, logic and enli ght enment ) t hat
even but chery has failed t o bring us t o our senses alt hough t he
idea i s so easy t o grasp. Take up the concept of tauba
(repent ance). One commit s a sin and t hen feels guilt y
conscious. Where does t his sense of guilt come from? There is
a permanent principle which he depart ed from and t hen
compared his act ion against it . He coul d only ret urn t o it t o
at t ain to t he feeling of cont entment . That is what we call
tauba. It generat es from reasoning. The sinner int rospect s and
finds his error. If his heart is imbued wit h a firm fait h in t he
Commands of Allah, he wi ll fall back upon it and t hrough
Ijtihad: meanings, appli cation & scope 10
reasoning and privat e medit at ions wil l seek forgiveness from
Allah which He wil l awar d him mercif ully for hi s come-back.
Likewi se, t here is har dly any aspect of din in which devoid of
t he process of reasoning. The misology, t herefore, is
unint elligi ble.
Shaikh-ul-Islam Dr Muhammad Tahir-ul-Qadri is blessed
wit h t he vision that pierces through t he myst eries of age and
discerns t he hidden real it ies of t ime. He i s born wit h t he pang
t o bring t o t he Umma t he awareness of t hese realit ies and
unveil t o t hem t he secret of their survival. He has devot ed his
ent ire life t o make us see t he Holy foot st eps of t he Beloved
Messenger of Allah and kindle in our heart t he flame of love
for t he Holy Prophet (Allah bless him and give him peace).
He is doing it for t he sole reason t hat this way t he Umma wi ll
wake up soon and st art seeking t he same legislat ive reasoning
- ijtihad afresh which will open t o t hem t he doors of logic,
wi sdom and int ellect which t he Holy Prophet was sent t o
disseminat e t o mankind. Dr Tahir-ul-Qadri want s t he Muslim
communit y t o behave moderat e, flexible and st able and shun
rigi dit y, irrat ionalit y and ext remism and all it s forms so t hat
t hey once again regain t he glory which is t heir due. The pat h
of ijtihad will t ake t hem t o t hat because what seems
apparent ly an indivi dual behaviour is in fact t he collect ive
behaviour as it is desi gned by t he cult ure and designs t he
cult ure as well. Ijt ihad has it s root s in the t eachings of t he
Quran and Sunna and in t he Quranic societ y shaped by t he
Holy Prophet 1400 years ago. And our t hought s are not our
t hought s; t he remot est past has gone t o t he building of t hem.
Read any of t he books writ t en by Shaikh-ul-Islam Dr
Muhammad Tahir-ul-Qadri, or li st en t o any of his recorded
lect ures, you will find him making an al l-out endeavour t o
make us believe t hat it is only t he love of t he Holy Prophet
and following hi s sirah t hat can open our eyes and minds,
equip us wit h t he revit alizing reasoning called ijt ihad and
Preface

11
elevat e us t o t hat exalt ed st at ion which Allah has promised t o
best ow upon t hose who make use of all t he facult ies of t heir
mind in complying wit h t he Prophet ic t eachings.
This t reat ise is one of his most scholarly di scour ses on t he
subject which serves you many cues t o t he Islamic way of
reasoning and makes sol id cont ribut ions t o t he ment al milieu
of the Muslim Communit y.


Shaykh Abdul Aziz Dabbagh





Beyond Description


His Eminence Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri
is a t heologian, t heosophist , scient ist and spirit ualist of
modern t imes. A preacher, reformer and philosopher, he is
also a polit ical t hinker of world renown. He is t he animat ing
heart beat of hundreds of t housands of Muslims around t he
globe. It has layers of meanings what ever he writ es and
speaks about , addressing simult aneously t he whole mankind
in general, t he whole Muslim Umma in part icular as t he
immediat e focus of hi s magical rhet oric and fascinat ing pen.
He t alks about and proves t he relevance of Islam t o t he
modern age. Diagnosing t he maladies t hat have afflict ed
mankind he prescribes I slam as t he sole remedy t o t he ent ire
syndrome. He has aut hored some 450 published works in
Arabic, Engli sh and Ur du and delivered over 5,500 lect ures in
various languages al l over t he world. Hi s capabi lit ies, God-
gift ed qualit ies, achievement s and hi gh i deal s beggar
descript ion.
Leading the Umma out of its ordeal
His t eachings are deep, def init e and subl ime leading ones
soul t o t he divine chambers. Galvanizing and inspiring, his
orat ory leaves us spell-bound, enlight ening vividly as t o what
we are doing on eart h and what , in fact , we are supposed t o
do; what t roubles we are suffering from and how in a
scient ific fashion can we cure and convalesce. Speaking in
t erms of modern logic, he pricks ones inner core and cl ears
ones vision on t he compat ibilit y of Islam wit h t he scient ific
realit ies of t he universe which have so far been di scovered
Ijtihad: meanings, appli cation & scope

14
and which t he scient ist s may explore in t he t imes t o come. He
is really an embodiment of all knowledge and wisdom t hat is
required t o lead t he Umma out of it s current ordeal.
Restoring mans status in the universe
Falling prey t o st ray ideologies and burdened by t he st resses
and st rains of modern life, the modern man has become
t horoughly mat erialist ic, consi gning all moral, spirit ual and
human values t o oblivion. It seems as if t he Hereaft er, t he
Last Day and t he Final Account abilit y during life aft er deat h
have no more been his concerns. This has added enormous
miseries t o his daily chores leaving lit t le chances of his
survival from t he quagmire of mat erial pur suit s and base
nat ure. In t his cont ext , Shaikh-ul-Islam Dr Qadri has emerged
as a saviour t o salvage and rescue t he human societ y from t he
evils of the eart hly exist ence and lead them t o mans real
st at us Allah Almi ght y has blessed him wit h. This rest orat ion
of real spirit ual as wel l as worl dly st at us of man in t his worl d
is, in nut shell, all what Dr Qadr i is up t o.
Minhaj-ul-Quran International a message of
global peace
To achieve his object ives Dr Tahir-ul-Qadri launched his
st ruggle in 1977 wit h t he est ablishment of Mahaz-e-
Hurriyyat , an int ellect ual forum for t he i deological t raining
of t he yout h. He advanced dynamically in t he right direct ion
and est abli shed Minhaj- ul-Quran Int ernat ional in 1981. His
voice received warm welcome; people would sit around t heir
TV set s and wait for his Fahm-ul-Quran programme
impat ient ly. The MQI soon became t he heart beat of t he
masses. Shaikh-ul-Islam t hen planned t o t ake his message t o
t he ent ire globe. It was in 1982 t hat he visit ed Iran, met t he
Iranian leadership and put forth his message which was given
a heart y welcome. He t hen visit ed Europe in 1984 to ext end
Beyond Description

15
t he range of his missionary services and t o int roduce t he
Europeans t o t he t rue essence of Islam. The t our was a great
success. The Muslims of Denmark were hi ghly impressed and
invit ed Dr Qadri t o est abli sh an inst it ut e in Denmark under his
supervision. Consequent ly, an Islamic Cent re was est abli shed
in Copenhagen, Denmark on 25 January 1986. Dr Qadri
himself performed it s inaugurat ion.
He t oured Abu Dhabi, Dubai, Sharja and ot her Gulf St at es
in 1984 and 1985 where people accorded him rousing
recept ions. As a result of his energizing t ours, a huge branch
of the Inst it ut e of Minhaj-ul-Quran was est abli shed in t he
Unit ed Emirat es.
Dr Qadri vi sit ed England t o furt her widen t he scope of his
missionary campaign: He vi sit ed t he count ry first in May
1985 and t hen in January 1986. During his t our of Engl and he
addressed huge gat herings in London, Manchest er,
Birmingham and Bost on et c. He visit ed Unit ed St at es in
April, 1986 in order to ext end and promot e his mission. He
delivered lect ures in many seminars and symposia on various
Islamic t opics specifically pert aining t o Islamic revival in t he
West , at New York, Washingt on, Chicago and others st at es.
This visit laid t he foundat ion of t he MQI in t he Unit ed St at es.
The lat e 80s and t he early 90s t hen saw a wave spreading
t hrough ent ire Europe, t he US, Canada and t he Middle East ,
and in only a decades t ime t he MQI Cent res were est abli shed
in more t han 80 count ries of t he world. That is how t he magic
of t rue Islam works. Shaikh-ul-Islam Dr Qadr i worked
sleeplessly t o spread his mission and it is now a globally
wel come mission t o spread Islam as t he most moderat e,
t olerant , realist ic, scient ific and pract icable way of life and
religion for t he ent ire mankind.
The quest for knowledge
The modern scient ific t hought has under gone met amorphic
changes over ages. It s spirit , however, has const ant ly
Ijtihad: meanings, appli cation & scope

16
remained t o just ify t he exist ing fact on rat ional grounds.
Event ually, t he t went iet h cent ury has wit nessed an
unimaginable scient ific advancement t hat has assi gned a vit al
role t o man on t he globe in conquest of universe. In t he quest
for knowledge, t he modern man has al so di scovered t hat t he
cent uries old concept s about religion are cont rary t o t he
scient ific t hought and, t herefore, need t o be eit her discarded
or made compat ible wit h t he scient ific met hod. This is t he
challenge t hat t he religious scholars and t heologians have
failed t o face. Inst ead of analyzing t he problem on scient ific
basis, t hey have adhered t o t heir t imeworn ideologies wit h a
pract ical surrender t o t he mat erialist ic values in vogue. Even
t he t orchbearers, t he so-called int ellect uals and modern
scholars of Islam who pret end t o be abreast wit h t he modern
scient ific t hought have given in t o t he onslaught of modern
sciences and in secret dept hs of t heir heart s feel nervous how
t o defend t heir posit ion. They are doing more harms than
good by defending t heir post wit h archaic weapons.
However, at t he dawn of new millennium, Shaikh-ul-
Islam Dr Muhammad Tahir-ul-Qadri has risen like a guiding
st ar on the int ellect ual horizon and has showered rays of his
effulgent wi sdom on t he modern mind. Equipped adequat ely
wit h t he scient ific and religious knowledge, he has given t he
call t o modern man t hat Islam is t he religion t hat , ever since
it s revelat ion, has t he scient ific bases which t he modern
scient ific t hought is now claiming t o discover and furt her
needs t o explore in it s t ot alit y.
On Islam
The cont ribut ions made by Shaikh-ul-Islam t o t he modern
Islamic t hought and it s reconst ruct ion are colossal rat her
incredi ble. Nor can we measure hi s achievement s in clearing
and purifying Islamic i deology from muddling of various
isms wrought over cent uries. A huge reservoir of lit erat ure,
Beyond Description

17
for inst ance, exist s on Myst icism, Islamic Myst icism,
Pant heism and Transcendent alism, nat ure of Myst ic
Experience, it s variet y, allied philosophies and schools of
t hought . The ant agonist s too have generat ed colossal works
proving it contrary t o t he t rue Islam and labeling it as an
impious innovat ion in t he approved Islamic code of life. This
cont roversy has inflict ed serious damage t o the modern
Musl im mind leading t he young educat ed Musl ims al l over
t he world t o desperat ion and abhorrence from Islam. They are
confused and bl at ant ly quest ion the int ellect ual validit y and
logical well- being of Islamic t hought . The Muslim scholars
engaged in t his unfort unat e cont roversy, however, ill afford
any att empt t o recover from t he spin. They drast ically lack
in advanced knowledge and are unaware of t he phenomena
of modern scient ific mind. Being t he odd ones, t hey now st ay
out of this war of wit s, which has spread over East and West .
How t o sat isfy t he modern scient ific mind on t he quest ion of
Islamic Spirit ual ism, it s nat ure and signifi cance? Shaikh-ul-
Islam Dr Qadri has performed t his uphill t ask wit h absolut e
facilit y, aut horit y and command.
Knowledge of modern logic
Simult aneously, endowed wit h a vividly hist oric insight , he
educat es t he modern Muslim mind how, cent uries ago, t he
Musl im scholars defeat ed t heir rival thinkers employing t he
t hen cont emporary logic against t hem. He emphat ically
exhort s all educat ed Muslims of t he worl d t o acquire perfect
knowledge of modern logic and defeat t he ant agonist s of
Islam who have joined hands against t he Umma wit h an
int ent ion t o shake t he solid spirit ual realit ies which are t he
bases of Islamic t hought and ideology. Shaikh-ul-Islam Dr
Muhammad Tahir-ul-Qadri has a sagacious eye on t he rise
and fall of t he Musl im and non-Musl im empires. He possesses
a vision t hat penet rat es into fut ure and clearly di scerns t he
Ijtihad: meanings, appli cation & scope

18
impending dangers and t heir remedies. He bases his
argument s on t he Holy Quran, att ract s and convinces t he
modern reader and delet es hi s di sbelief in permanent human
values revealed by t he Quran
The primary mission of his l ife i s t o drag t he Muslims out
of t he mire and t o elevat e t hem to height s of unprecedent ed
glory. His creat ive int erpret at ion of Islam has pulled it out of
it s st rait -jacket in which it s st rait -laced crit ics have robed it .
He has broadened t he area of it s meaning and applicat ion t o
make it conform to t he rapidly changing imperat ives of t he
cont emporary world and assert it s universalit y, which has
been muffled by cent uries of narrow and conservat ive
at t it udes. Shaikh-ul-Islam Dr Qadri is t he most auspicious st ar
on t he murky and cloud-capped galaxy of t he Islamic worl d
whom God has blessed wit h knowledge, gui dance and
eloquence t o st eer t he rocking world of Islam t hrough t he
t empest uous bi llows of st rife and di ssension and t o put it back
on the rollers t o make it self-reliant and self-sust aining.
He has dedicat ed all hi s energies and sources t o promot e
and spread t he message of peace, moderat ion, and t olerance
not only in Sout h Asia but also round t he globe. Universally,
he has earned reput at ion as ambassador of peace. Hi s dynamic
and galvanizing endeavour s for ecumenism and int er-fait h
harmony in part icular, have produced inspiring and concret e
result s.
As such Shaikh-ul-I slam emerges as a person of dest iny
wit h his learned inst ruct ion and creat ive int erpret at ion of
Islam providing refreshing perspect ives of t he role of Islam in
t he cont emporary World. Unfort unat ely, in t he past several
decades, t he universal it y of Islam has been obscured by
st ereotyped conservat ism and Shaikh-ul-Islam wit h his
progressive i deas and bet t er cont emporary world vision is
performing an import ant role in the renaissance of Islam.
Beyond Description

19
A glimpse of his intellectual works
We find a vivid manifest at ion of his dept h of learning, all-
embracing insight and far-reaching vision in his int ellect ual
works of hi st oric import . This short int roduct ion simply
cannot encompass his works. Some of the most significant of
t hem include Ir fan al-Quran, a scient ific, exeget ic, modern,
luci d and comprehensive t ranslat ion of t he Holy Quran;
Jami as-Sunna, a compendium (in 25 volumes) of 30,000
fair, fine and sound t radit ions of t he Holy Prophet (Allah
bless him and give him peace) t hat validat e t he mainst ream
Islamic doct rine; al-Minhaj as-Sawi, a col lect ion of 1100 fair,
fine and sound t radit ions; Sirat ar-Rasul, (in 12 volumes) a
det ailed account of all t he phases of t he Holy Prophet s life
which t he Quran has cal led Uswa Hasana t he best patt ern;
Kitab at-Tawhid, Kitab al-Bidah and dozens of books on t he
t rue Islamic doct rines which di spel t he exist ing disagreement
among Muslims on various doct rinal i ssues and present t o t he
non-Muslim world Islam in it s right , t rue and scient ific form
and spirit , precisely delineat ing what Islam i s and what it is
not . His books part icularly on t he subject of beliefs are
numerous and voluminous. A list of t hese books has been
produced in t he end of t his t reat ise for the benefit of our
readers. His works have received global appreciat ion from t he
leading aut horit ies, t radit ionist s, jurist s and scholars of t he
Musl im world. Shaikh al-Islam has already been awarded
numerous int ernat ional t it les in this regard.
Amanat Al i Chaudhry






Ijtihad and its need
Life is a dynamic process and forces of life keep changing
under it s influence. The object ive of law is t hat all demands of
life are met in such an amicable manner t hat it s movement
cont inues in t he right direct ion wit hout any let or hindrance.
All decrees of Islamic law have t wo layers of meaning in
general:
1. Act ual spirit or Essent ial aspect
2. St ruct ural form or Exist ent ial aspect
The essent ial aspect guarant ees dynamism and evolut ion
of human life, whereas t he purpose of it s st ruct ure or form is
t o give it discipline and balance. When human life undergoes
changes dict at ed by t he forces of life, it becomes necessary t o
review t he st ruct ure of law t o keep it int act , commensurat e
wit h it s object ive. The idea is t o disallow away clash bet ween
aspect s of discipline and evolut ion of life because t heir
mut ual conflict renders t he movement of human life int o
st agnant phenomenon, which in t urn drift s t he achievement of
t he required purpose far from possible.
This sit uat ion is against t he collect ive ideal of Islam.
Collect ive object ives of Islam cannot be at t ained wit hout
fulfillment of all t he demands of life. Keeping t his object ive
in view, undert aking a st ruct ural review of law in accordance
wit h Islamic t eachings on mat t ers not discussed by t he Holy
Quran or Sunna and exploring new sources of legal
framework t o maint ain life as a progressive and dynamic
process is called ijtihad. This is t hrough t he inst it ut ion of
ijtihad t hat at t ainment of aims of Islam is not only possible
but is also act ualized.
Ijtihad: meanings, appli cation & scope 22
There is no denying t he fact t hat under t he change in
forces of life, previous laws framed in accordance wit h
object ives and priorit ies of it s own t ime fail t o address t he
newly emerging problems of life. The old laws give way and
render t he syst em int o a st erile process, incapable t o cope
wit h t he new realit ies. Their violat ion inst ead of
implement at ion proves product ive which signifies deriving a
new legal framework. It s reconst ruct ion becomes, t herefore,
urgent and inevit able t o keep life moving in t he right
direct ion. If such a course of reforming law is not undert aken,
rule of law loses it s import ance in life result ing int o violat ion,
violence, disobedience and lawlessness.
We have been unable t o give ijtihad it s due import ance
t hat it nat urally occupies in t he Islamic syst em of
jurisprudence in spit e of t he vast changes in t he realms of
societ y, polit ics and economy. As a result , demands of law
and life come int o clash wit h each ot her. Life demands t he
fulfillment of it s needs, while law proposes punishment for
any violat ion commit t ed in t he process of fulfillment of needs.
Bot h are poised at different levels. This concept can furt her be
explained wit h t his analogy t hat life does not afford deadlock
in t he st ruggle of economic advancement , whereas law insist s
on t he absolut e forbiddance of int erest -based economy.
According t o Islamic point of view, if a religious mind insist s
on t he t ot al forbiddance of int erest -based economy wit hout
t he provision of ult imat e and absolut e resources t o break t he
deadlock over t he creat ive economic st ruggle, , it will
cert ainly result int o t he diversion from Islamic dos and don't s.
The legal responsibilit y of such a mind will rest on t he idea,
which he does not want t o ponder over, t hat t he Holy Quran
had forbidden int erest at a t ime when int erest was pract ically
replaced wit h qarz hasana in accordance wit h
#%& !# $% $m .
Ijtihad: meanings, application & scope 23
And lend Allah a goodly loan.
1

The difficult y in underst anding t his fact is t hat we t hink in
t erms of providing for t he poor, t he disabled and t he dest it ut e
rat her t han overcoming t his deadlock of creat ive st ruggle wit h
regard t o t he Quranic concept :
9 #9$? 99# Lm #)? $ 6tB .
You can never at t ain virt ue unless you spend (in t he
cause of Allah) out of t hat which you cherish t he
most .
2

That is why t he religious leadership has deprived it self of
t he mant le of leadership of economic revolut ion because it
neglect ed t his realit y t hat wit hout eliminat ing fear of povert y,
people cannot be saved from religious or moral dest ruct ion.
Those mired in economic quagmires cannot be expect ed t o
underst and and care for moral int ricacies. The Holy Prophet
(A) described t his realit y in t he following words:
.
That perhaps povert y and dest it ut ion may lead t o kufr
(infidelit y).
3

The basic purpose of law in Islam is t o provide t he people
wit h a life free from fear and anxiet y. This condit ion cannot
be met wit hout fulfilling all mat erial and spirit ual demands of
life. The Holy Quran has described t he basic demands of
human life in t his manner:

1. Qur an (al-Muzzammil), 73:20.
2. Qur an (Al Imr an), 3:92.
3. Set forth by Baihaqi in Shuab al-iman, vol. 5, p. 267 # 6612. Abu
Nu aim in Hilyat al-awliya wa tabaqat al-asfiya, vol. 3, pp. 53, 109
& vol. 8, p. 253.
Ijtihad: meanings, appli cation & scope 24
/3/ 79 /39 {# )G`` F <)
m
You will remain enemies t o each ot her, and now in
t he eart h has been dest ined a dwelling place and
sust enance for you for a fixed t ime.
1

Here human life has been said t o be dependent on t wo
t hings for it s survival and cont inuit y:
1. Mata (goods or ut ilit ies)
2. Mustaqar (dwelling place)
The t erm mata covers human economy and it s resources
whereas mustaqar denot es all forms and resources of
set t lement and st rengt h of human life. If we minut ely analyze
bot h t hese t erms, it becomes clear t hat all economic, polit ical
and social demands of human life have been st at ed under
t hese t wo subject s. According t o t he Holy Quran, it is t hese
int erest s, which become bone of cont ent ion among people
causing t o human societ ies pain and suffering and making life
full of fear, grief and miseries. Now what is t he way out of t he
fact ors t hat cause all t he anguish and anxiet y? The Holy
Quran says:
$* 3?' _ 7? # z =
t
Then if t here comes t o you Guidance from Me,
whoever will follow My Guidance, neit her shall any
fear (obsess) t hem nor shall t hey grieve.
2

This st ands est ablished from t his Quranic injunct ion t hat
Divine Revelat ion or law of Sharia ensures a life free from

1. Qur an (al-Baqar ah), 2:36.
2 Qur an (al-Baqar ah), 2:38.
Ijtihad: meanings, application & scope 25
pain and fear. Therefore ut ilizat ion of different ways, means
and resources will be considered exact ly in accordance wit h
Sharia in every age for t his purpose. The det ails of law and
demands of social life consist in t he fact t hat t he need of law
is felt in a civilized societ y because it serves as an inst rument
for prot ect ion of moral and social values. There are t hree
precondit ions for est ablishment , survival, solidarit y and
evolut ion of such a societ y
1. Growt h of human personalit y
2. Complet ion of social st ruct ure/order
3. Environment cont rol
There are several aspect s of human personalit y of which
biological aspect is one wit h t hree demands namely food,
clot hes and shelt er. If t hese demands are not met , personalit y
cannot develop biologically. The ambit ion, greed and
miserliness in a societ y are a st umbling block in t he
fulfillment of t hese demands. Islam necessit at es t heir removal
t o ensure t he fulfillment of biological needs of human
personalit y. Anot her aspect of human personalit y is t he socio-
biological aspect , which involves mat rimony and procreat ion.
No healt hy societ y can remain absolved of t he fulfillment
of t hese demands as long as it does not lose sight of moral
excellence of t he concept of t he chast it y. Anot her aspect
known as t he socio-cult ural aspect demands t hat societ y
undert akes t he responsibilit y of educat ion of societ y and it s
economic development . No civilized societ y can abst ain it self
from fulfilling t his demand nor can it be saved from t he
decline by such an abdicat ion of responsibilit y. Psychological
aspect of human life emphasizes t he proport ional and
harmonious growt h of emot ion, det erminat ion and percept ion.
The psychical aspect warrant s complet e harmony among
consciousness, sub-consciousness and unconsciousness.
Wit hout t his harmony, neit her can ment al balance of man be
maint ained nor can his charact er be developed on t he right
Ijtihad: meanings, appli cation & scope 26
lines. All psychopat hology generat es from negligence of t his
aspect .
The demands of anot her aspect of human life known as
t ranscendent al aspect can be met t hrough a st ruggle waged for
t he est ablishment of an ideal societ y, religion, art , moralit y
and knowledge. What guarant ees t he growt h of all aspect s of
human life is t he posit ive response t o t he sociological
st ruct ure. The est ablishment of societ al inst it ut ions, t heir
organizat ion and disciplined persist ence depends upon a
syst em of lawful injunct ions and negat ive imperat ives, which
serves as a shield for t he prot ect ion of human values. This
serves t he purpose of reconst ruct ion, reformat ion and
modernizat ion of law.
The t hird precondit ion relat es t o environment cont rol.
Environment is of t wo t ypes i.e. nat ural and human. Science
and t echnology are t he means t o conquer t he nat ural
environment . Human environment has t wo sides namely
host ile side and favourable side. The favourable human
environment is brought under cont rol t hrough profit able
policies and pract ices while host ile human environment is
conquered t hrough profit abilit y and benevolence aft er gaining
it s cont rol by coercive vent ures. When t hese precondit ions are
met in a societ y, environment is geared for a cult ure t o
develop and grow.
Cult ure has t hree pat t erns namely ideat ional cult ure,
sensat e cult ure and idealist ic cult ure. According t o P. A.
Sarvokin, Islamic cult ure is t he ideal cult ure. Every pat t ern
of cult ure is t hree-layered.
First ly t he philosophical aspect deals wit h quest ions like
what is knowledge and how can it be acquired? What is t he
st at us of knowledge and what is it s highest ideal? The second
aspect of cult ure is orient at ional aspect based upon
mechanism t o achieve t he ideal ident ified by t he philosophical
facet . It paves t he way for t he est ablishment of t he societ al
Ijtihad: meanings, application & scope 27
inst it ut ions, which are an inst rument t o achieve t he ideal. The
complet ion of sociological st ruct ure is t he precondit ion t o
organize it s act ion under which cult ure develops it self.
The code of conduct est ablished t o organize t he act ion of
societ al inst it ut ions can prot ect t he societ al benefit s accruing
from t hem as long as forces of life do not regist er any change.
Since life is a dynamic ent it y, t herefore, t he forces are bound
t o undergo change. If changes occur, t he code of conduct t hat
was put in place previously t o organize and cont rol funct ions
of societ al inst it ut ions fails t o prot ect t he values of life. This
necessit at es t hat t he means and resources adopt ed t o achieve
t he nat ional ideal or orient at ional aspect be reviewed t o
det ermine as t o how much t hey can be effect ive in obt aining
t he required result s. This crit ical assessment is called
evaluat ional aspect and in t he language of Islamic law, it is
known as ijtihad, whose precedent s can be found from t he
t imes of t he right ly guided Caliphs t o lat er periods of Muslim
empire.
It dawns upon our consciousness in t he light of t he Holy
Book and t he Sunna t hat t he ideal which init iat es and fost ers
growt h of higher values of life in human personalit y and
societ al st ruct ures is det ermined by t he Holy Book and Sunna.
The Holy Quran and Sunna not only set t he ideal but also
work out st rat egy t o achieve it . As long as t he sanct ion of
power of enforcement backs t he st rat egy, wort hwhile result s
are produced. But when law is deprived of t he ruling power,
neit her can t he syst em of law fulfill t he demands of life nor
can it prot ect t he values of life.
This is t he st age where reconst ruct ion of law is required
and need of ijtihad becomes essent ial so t hat values of life can
be prot ect ed again t hrough t he employment of effect ive law
and t he funct ion of societ al inst it ut ions may be cont rolled and
organized. Because it is in t his way t hat t he evolut ionary
dynamism could cont inue t owards collect ive ideal of life. It
Ijtihad: meanings, appli cation & scope 28
should be kept in view here t hat at t he t ime of Ijtihad, t he
det erminat ion of ideal and it s st rat egy should be worked out
in t he light of t eachings of t he Holy Quran and Sunna. As
Allah Almight y says in t he Holy Quran:
39 $=_ 3 %`$ .
We have designed for all of you a discret e law (ideal)
and all-embracing way of life (st rat egy).
1

Reference t o t he Holy Quran and Sunna is imperat ive
since due t o change in t he forces of life and mant le of
leadership of polit ical and economic revolut ion having
abandoned Muslims, a demand may arise t o conduct ijtihad t o
creat e harmony wit h t he changed circumst ances. Such a
viewpoint may frust rat e t he collect ive object ives and int erest s
of Islam but can not visualize any bet t erment . We should not
lose sight of t he fact in t his respect t hat revival and
reconst ruct ion of lat er period of t he Muslim Umma can be
accomplished in t he same manner as it was perpet rat ed in t he
early days. I feel no hesit at ion in saying t hat inst ead of let t ing
ourselves be dict at ed by circumst ances, we should conduct
ijtihad t o make our ideal shape circumst ances. This feat can
not be accomplished wit hout a spirit ualizing and
revolut ionary ideal.
At a t ime when t he values of human life st and degraded
and blessings are t urned int o curses, no imposit ion of any
legal order can reverse t he circumst ances because t he funct ion
of law is not t o revive t he dying values of life but t o prot ect
t he present set of living values.
So in order t o prot ect t he t radit ions and values, t he
precondit ion is t heir ant ecedence in t he societ y. So wit h a
view t o reviving t he dying values and t o achieve t he ult imat e
ideal, we will have t o bring about a comprehensive revolut ion

1. Qur an (al-Maidah), 5:48.
Ijtihad: meanings, application & scope 29
in our social life t hrough employment of ijtihad. It is aft er t his
st age t hat t he implement at ion of Islamic law could guarant ee
t he prot ect ion of t hese values and t heir growt h. Guidance can
be sought from t he Holy Quran, t he Sunna, pract ices and
cust oms of t he holy companions and consensus of t he Umma
et c.
This principle, which enjoys t he consensus of jurist s of
t he Umma, comprehensively represent s t he need of ijtihad
t hat t he change in t he circumst ances and t ime warrant s
change in Jurisprudence. To us, t his principle of Islamic
jurisprudence is t he basis of est ablishing t he inst it ut ion of
ijtihad and it is by invoking t his precept t hat t he leading
pioneer jurist s and t heir successors have been doing
legislat ion in view of t he new problems and issues of t heir
respect ive eras. That is ijtihad, a vit al legislat ive inst rument
of Islamic laws t hat guarant ees t he revival of Islamic cult ure
and civilizat ion t ill t he end of t ime.
Aft er having discussed t he need and significance of
ijtihad in t he light of present -day ground realit ies, we now
move ont o t he more specific issues relat ed t o ijtihad including
it s definit ion, st ruct ure, scope and see as t o how ijtihad can be
done and what are t he pract ical problems in it s way.

The scope of law-making in Islam
In Islam, t he Holy Quran and Sunna hold permanent , abiding,
uncondit ional and immut able posit ion as a source of law.
Therefore whenever the process of law-making is undert aken
at any level at any t ime and in any age, it woul d surely be
subservient t o t he Holy Quran and Sunna. Having set t led t his
basic principle, we wil l now present an abri dged out line of t he
scope of legislat ion. There can be t wo t ypes of legislat ion in
Islam:
1. Formulat ive Legislat ion
2. Int erpret at ive Legislat ion
Ijtihad: meanings, appli cation & scope 30
The whole process of legislat ion in an Islamic st at e is
based on t he principle of ijma (consensus).

Formul ati ve Legislation
1. Formulation of constitution and statutes
Irrespect ive of the fact whet her t he const it ut ion is writ t en or
unwrit t en, t he first st ep t owards legi slat ion in any st at e is t he
formulat ion of const it ut ion in t he cont ext of social, polit ical
and economic condit ions t ailored t o it s local needs.

2. Rules of implementation
This denot es t he formulat ion of such laws t hat help in t he
enforcement of Shariah commandment s and are inst rument al
for t he development and promot ion of Islamic values. They
are linked lar gely t o the regulat ory laws.

3. Formulation of proce dural laws
By formulat ion of procedural l aws i s meant set t ling pett y
det ails and making sub-sect ions and sub-sub-sect ions of t hose
commandment s of Sharia, which are subject ed t o ijtihad in
accordance wit h t he demands of t he ever-changing
circumst ances. They are relat ed t o penal, civil, t ransact ional,
cont ract ual, commercial and many ot her spheres of Islamic
legal science.

4. Consensus and its abrogation
In an Islamic st at e, consensus of opinions can be obt ained on
any legal or jurisprudent ial matt er by way of legislat ion.
Likewi se any such 'local consensus' can also be abrogat ed in
any lat er period in compliance wit h t he requisit e
precondit ions. The consensus of opinions of the Companions
of t he Holy Prophet (PBUH) and t he conclusive consensus of
Ijtihad: meanings, application & scope 31
t he Umma are an except ion t o it . The above-ment ioned four
condit ions are t he t ypes wit h formulat ive legislat ion.

Interpretati ve legislation
1. Legal preferences
1. Preferring one jurisprudent ial opinion t o another.
2. Giving preference one t o t he ot her in t he enforcement of
Sharia laws.

2. Legal adoptions from other schools of thought
Despit e adhering t o one juri sprudent ial school of t hought , it is
t o adopt t he research and opinions of other jurisprudent ial
school of t hought for the solut ion of some pressing problems
wit h cert ain condit ions.

i . New legal interpretati ons
The int erpret at ive ijtihad refers to reint erpret at ion of t he
Quranic t ext and Sunna, which not only meet s t he demands
and requirement s of modern life but also does not cont ravene
t he basic t eachings of t he Holy Quran and Sunna.

i i. Gradati onal change i n the degree of legal val ues
It relat es t o changing grades of cert ain commandment s wit hin
t he confine of dos and don't s and permissibilit y and
impermissi bilit y under t he laws of t he Sharia. This can be
done wit h a correct ive or conciliat ory object ive for example
declaring an undesirable act as t emporarily forbidden or
commendable act as obli gat ory t o fulfill t he basic needs of a
societ y. This legi slat ion is based on t he following
juri sprudent ial concept s:
1. Ijma (consensus)
2. Ijtihad bayani (int erpret at ive reasoning)
3. Ijtihad qayasi (analogical reasoning)
Ijtihad: meanings, appli cation & scope 32
4. Istihsan (appreciat ive reasoning)
5. Istislah (masalih mursalah) (conciliat ory reasoning)
6. Istidlal (deduct ive reasoning)
7. Istishab (coalit ional reasoning)
8. Zarurat Shari (legal necessit y)
9. Urf wa adah (usage)
10. Nazai Sharia (legal analogies)
11. Qazai Hukkam (rulers judgment s)
12. Aqwa al-fuqaha (saying of jurist s)
13. The principle of changing laws in changing t imes
14. Iztira r (exigency)

Significance of Ijtihad in legislation
Ijtihad holds basic and cent ral posit ion in t he whole process
of Islamic legislat ion because t here are normally t wo levels of
Islamic law.
1. Act ual spirit or essent ial aspect
2. St ruct ural form or exist ent ial aspect
The essent ial or act ual aspect of Islamic laws guarant ees
t he dynamism and evolut ion of human life while t he st ruct ural
aspect aims at giving it discipline and framework. Wit h
change in t he demands and forces of life, t he human life also
under goes changes. In ever-changing circumst ances it
becomes necessary t o undert ake st ruct ural review of I slamic
laws not only to keep it s spirit and purpose alive but also t o
keep it s effect iveness int act so t hat t he aspect of discipline of
law does not clash wit h t he aspect of dynamism and evolut ion
of life. Their mut ual conflict and clash has t he pot ent ial of
rendering t he dynamism and evolut ion of life int o st agnant
and non-product ive st at e and at t aining t o cont rol and
organizat ion becomes far from possible. The accomplishment
of this obligat ion is carried out t hrough ijtihad in t he process
of law-making. This guarant ees effect ive enforcement of
Islamic laws in t he changing circumst ances of every period;
Ijtihad: meanings, application & scope 33
makes t hem t ruly result -orient ed and ensures t heir universalit y
and perpet uit y.

Defini tion of ijtihad
Ijtihad is an expert reasoning endeavour conduct ed in
accordance wit h inferent ial and deduct ive met hod t o
formulat e, reconst ruct, elaborat e, expand and enforce Islamic
laws in t he li ght of t he Holy Quran, Sunna and ijma
(consensus).

Reinterpretation of commandments of the Quran
and Sunna is also ijtihad
Apart from analogical and inferent ial reasoning, t he
reint erpret at ion of the injunct ions of t he Holy Quran and
Sunna not based on ot her Quranic t ext s will al so be called
ijtihad because as a mat t er of fact reint erpret at ion denot es
det ermining t he meaning of an inj unct ion. It is also called
'exegesis'. If det erminat ion and ident ificat ion of a Quranic
injunct ion is found in t he Holy Book it self, it will also be
considered as t he Quranic t ext , and not Ijtihad. That is t he
st yle adopt ed while int erpret ing t he Quran t hrough ot her
t ext s of t he Quran or t he t ext s of Sunna.
But if int erpret at ion of any injunct ion of the Holy Quran
and Sunna i s not availabl e in t he Holy Book and Sunna it self,
t he effort at reint erpret at ion by t he jurist s in accordance wit h
t he spirit of Islamic laws based on ground realit ies and it s
applicat ion is ijtihad. There are three kinds of ijtihad.
1. Ijtihad qayasi (analogical reasoning known as legal
analogies)
2. Ijtihad isti slahi (conciliat ory reasoning based on peace-
making act s such as appreciat ion and reconciliat ion)
3. Ijtihad bayani (int erpret at ive reasoning)
An int erpret at ion of Islamic law undert aken in accordance
wit h t he rules as described in Islamic laws in order t o meet t he
Ijtihad: meanings, appli cation & scope 34
modern scient ific and int ellect ual needs i s cal led ij tihad
bayani or int erpret at ive reasoning.
The reality is t hat t reat ing or not t reat ing t he
reint erpret at ion of the Holy Quran and Sunna as ijtihad as
some jurist s and learned scholars have disagreed upon it , is
merely a verbal cont radict ion because all of t hem favour t he
need and just ificat ion of int erpret at ion of t he Holy Quran and
Sunna. Whet her or not this act is called ijtihad but it s spirit
and effect iveness somehow st ays int act and t his is t he t rue
object ive of ijtihad.

Mutual relationship between the Holy Quran and
Sunna as source of law
As t he Holy Prophet (A) enjoys the posit ion of being a law-
making and law-int erpret ing aut horit y, his Sunna also holds
bot h t hese posit ions. On t he basis of bot h these posit ions,
Sunna is associat ed wit h t he Holy Quran as a source of law.

The Law-making and law-interpreting aspects
1. From the point of view of law-making, t he matt ers where
t he Holy Quran does not decree explicit ly, t he Sunna of t he
Holy Prophet (A) provides basic law-making for example
at onement for not fast ing.
2. From t he point of view of int erpret at ion, t he nat ure of
relat ionship of Sunna wit h t he Holy Book falls in t he
following cat egories:

i . Speci fi cati on of the general
For example, specified meaning of t he adult erer and t he
adult eress as descri bed in t he verse on whipping, t he
specificat ion of 1/3 port ion of wealt h on t he Quranic
command of writ ing a will.
Ijtihad: meanings, application & scope 35
i i. Quali fi cati on of the absol ute
The det erminat ion of minimum amount /quant it y for
fixat ion of hadd on st ealing or t heft .
i ii . Expl anati on of the i mpli ci t
The meaning of prayers, number of cycles and
det erminat ion of it s t imings, et c.
i v. Exempti on
Exempt ion of fish in t he order dealing wit h forbiddance of
t he dead sea animals; exempt ion of locust ; exempt ion of
wiping over he st ockings in t he command t o wash feet .
v. Addi ti on
The addit ion of one year in imprisonment or exile along
wit h t he hadd on adult ery.
Some scholar s accept t he principle of abrogat ion of t he
Quranic verse wit h t he Prophet ic t radit ions and consider it
wit hin t he purview of int erpret at ive reach of t he Sunna. But
we do not subscri be t o t his concept and hold t hat t he Quranic
verse can only be cancelled by t he Quranic verse and not by
t he Sunna.

The issue of disagreement with the ijtihad of four
Imams
We agree wit h t he opinions of Shah Wali All ah and ot her
eminent scholars t hat no such ijtihad shoul d be undert aken
against t he opinion of the four Imams, which may promot e t he
possibilit y of emergence of a new j uri sprudent ial school of
t hought . The reason being t hat , such a new ij tihad will pave
t he way for more int ellect ual rift s, chaos and di ssension
wit hin t he Muslim Umma. Therefore what guarant ees t he
safet y and securit y of t he Muslims in t he field of knowledge,
t hought and product ive reasoning is t he followership of
Ijtihad: meanings, appli cation & scope 36
ijtihad accomplished by any one of the four Imams and
adherence t o any one of t he four religions. This wil l make t he
legal ijtihad and j uri sprudent ial research of a scholar of
modern t imes st ick to one well-set juri sprudent ial di scipline
inst ead of becoming arbit rary opinion-making. This
demonst rat ion of moderat ion can only bear t he fruit fulness
and guarant ee t he cont inuit y and longevit y of thought s of t he
juri st s in t he way of modern reconst ruct ive research. This is
what we call taqlid or conformat ion. Following t he principles
worked out by t he four Imams, taqlid does not shut t he doors
for new i jtihad (juri sprudent ial reasoning) in consonance wit h
demands of t imes. This is int ellect ual st agnat ion and
deadlock, which can result ant ly cause int ellect ual paralysi s of
t he Muslim Umma. The following explanat ory point s should
be kept in view in t his regard:

The Ijtihad undertaken by the four Imams is of two
types.
i. Basic or fundament al ijtihad
ii. Secondary or auxiliary ijt ihad
i. Basic ijt ihad signifies t hat ijtihad, which mapped out t he
basic format for juri sprudent ial research for example
det erminat ion of origin and sources of Islamic law, t heir
order and t he principles of preference of one t o the ot her;
t heir definit ions and det ails; principles and st yle of
juri sprudent ial exposit ion of t he Quranic verses; t he
st andard procedures accept ing and reject ing t he t radit ions
and narrat ions; the condit ions and rules t hat govern
change of commands so on and so fort h. All basic ijtihads
by which every jurispr udent ial school of thought came
int o being, are ident ified as fundament al t ype.
ii. An auxiliary ijtihad relat es t o the det ailed applicat ion and
implement at ion of t he laws devi sed t hrough fundament al
ijtihad t he laws t hat relat e t o int erpret at ion, revival and
Ijtihad: meanings, application & scope 37
research of t he responsibilit y and t heir det ails and t hey
correspond to t he same given circumst ances and demands
of t ime. It is more pract ical t han t heoret ical and is more
concerned wit h deriving consequences of an act rat her
t han wit h formulat ing principles t hat govern t he evolut ion
of an act . Besides, t he area of an applicat ion of this form
of ijtihad is more limit ed as it springs from t he rat her
circumscri bed priorit ies and int erest s of a part icular
hist orical period and i s bound by t he pressures t hat
charact erize t he period or it only int erpret s and infers.
Since t his form of ijtihad is not necessarily relat ed t o t he
formulat ion of fundament al matt ers and project s only
increment al issues, it is called secondary or auxiliary
ijtihad. Thus t here is a convergence of opinion on t he
fundament al ijtihad which does not affect t he essent ial
st ruct ure of t he fundament als.
2. In the light of the above-ment ioned meaning, while
following t he basic i jtihad of t he four Imams if some sort of
difference occur s in t he secondary or auxiliary ijtihad in t he
process, t here is no harm in maint aining t his difference.
3. In accordance wit h needs of t he present t imes, t he
difference wit h cert ain t ypes of ijtihad undert aken by t he four
Imams, which were based upon demands, object ives and
priorit ies of t heir age, is in fact not any matt er of deviat ion or
difference at all. If new ijtihad i s accomplished by complying
wit h t he manner and st yle of ijtihad followed by t he four
Imams, which may apparent ly look different but in act ualit y
wi ll not be against or opposed t o t hem. It will rat her be
considered as t he ext ension of t he same basic ijtihad and wi ll
not be regarded as cont rary t o t he spirit of taqlid.
4. There are issues, which were not present during t he t imes
of four Imams or were not perceived for various reasons. For
example many polit ical, economic, social, const it ut ional and
int ernat ional mat t ers are the product of the complexit ies of
Ijtihad: meanings, appli cation & scope 38
modern t imes. Therefore they were not brought wit hin t he
ambit of ijtihad as t hey were not present at that t ime. If at all
some kind of ijt ihad was undert aken on similar i ssues it coul d
not definit ely resemble t he present one. Therefore reasoning
out t hese issues for jur ist ic purposes is not forbidden at all nor
can it be considered as being opposed t o the four Imams.
5. If jurisprudent ial gui dance from any Imam, one is
adherent t o, is not found on any part icular matt er, t he
int erpret at ion of ot her Imam may also be consult ed as needed.
The applicat ion of t his principle in t he present -day
juri sprudent ial life may pave t he way for t he enforcement of
Islamic law and promot ion of unit y in t he collect ive life.
Many such examples can be found in t he research work by
many leading juri st s and t hinkers. This vast ness of vision lies
in the very concept of taqlid' and should not be considered as
being opposed t o t he ijtihad of t he jurisprudent ial school of
t hought . Ibn Abidin Shami and Shah Abd- ul-Aziz Dihlawi
have explained t his phenomenon in great det ail. Fol lowing on
t he heels of t he basic ijtihad of t he four Imams, as far as t he
argument s behind j ust ificat ion of reint erpret at ion in
accordance wit h needs are concerned, t here could be many but
we will cont end only wit h present at ion of one argument here.
All leading aut horit ies and jur ist s have accept ed t he
just ificat ion and need of reint erpret at ion wit h consensus on
matt ers not discussed by t he Holy Quran and t radit ions of t he
Holy Prophet (A). This accept ance is based on those orders
of t he Holy Prophet (A), which he passed ont o Abdullah
ibn Mas ud () and Muadh i bn Jabal (). Moreover t he
conduct of t he Holy Prophet (A), t hat of his holy
companions and t heir successors est abli shes t his patt ern of
knowledge as accept ed fact and t he learned aut horit ies of t he
juri sprudence have done ijt ihad in t he light of this principle.
Therefore, it is also incumbent upon t he juri st s of every age
t hat they keep t his t radit ion of ijtihad alive by following
Ijtihad: meanings, application & scope 39
which ijtihad shoul d be able t o est ablish jurispr udent ial
injunct ion and not absolut e or aut horit arian opinion.
Moreover, t he four Imams part icularly Imam al-Azam Abu
Hanifah have not prohibit ed fresh reint erpret at ion or new
ijtihad. They have rat her declared it as t heir own scient ific
way.

Causes of stagnati on characterizing Islamic l aw
In our view, t hree reasons explain t he phenomenon of
st agnat ion t hat has engulfed Islamic law since long t ime.
1. Conservat ive religious mind
2. Ult ra-modernist ic mind
3. So-cal led Muslim government s

1. Conservati ve religious mind
Our conservat ive religious mind has rendered t he concept of
taqlid int o int ellect ual deadlock and has reduced ijtihad t o a
forbidden t hing. It is in t his way t hat t he jurisprudent ial work,
done a hundred years ago under t he demands of it s own t ime,
is considered sufficient to cat er to t he needs of the modern
t imes wit h all it s major and minor det ails. A general reli gious
mindset considers it as final and absol ut e as t he Holy Quran
and Sunna forbidding even minor difference wit h it or even it s
reint erpret at ion. It has t ot ally neglect ed t he difference
bet ween t he Holy Quran and Sunna on the one hand and
juri sprudent ial opinions or reint erpret at ions on t he ot her. That
is why t he book of jurisprudence has come t o be considered as
alt ernat ive t o t he Divine revelat ion and any reint erpret at ive
effort has been branded as conspiracy against Islam in t he
presence of the above.
Such t hought s have led t he religious scholars t o be
indifferent t o t he realizat ion of gett ing modern educat ion.
They t hink that it is a worl dly act considered cont rary t o piet y
t o equip oneself wit h modern art and educat ion. Their
Ijtihad: meanings, appli cation & scope 40
under st anding of get t ing Islamic educat ion is deeply root ed in
t he ancient or primit ive seminaries t he syllabi of which were
designed years back t o address t he demand of t hose t imes.
Having been equipped wit h such knowledge t oday, t hey
cannot develop t he crit ical facult y t o comprehend the modern
mult i-facet ed realit ies and t heir import ance. As a result , t heir
scholarly capabilit ies pract ically lose t heir significance and
usef ulness in t he face of solut ions to t he cont emporary
complexit ies. On t his basi s, Islamic t hought cannot move
t owards t he goal of evolut ion. Today the aggregat e result is
t hat Islamic laws and ot her branches of knowledge have fallen
vict im to st agnat ion.

2. Ultra-modernistic mindset
As a way of react ion t o t he above-ment ioned behaviour of
t he religious scholars, our moderni st mind want s t o do ij tihad
on the cont emporary issues. But import ance of this ijtihad is
not more t han an independent opinion-making. Neit her does
it comply wit h t he pract ical and scholarly precondit ions of
ijtihad nor does it admit t he need t o fulfill t hem. This mindset
want s t o superimpose it s personal opinion over ijtihad while
being indifferent t o t he need of st udying Islamic law and
Sharia sci ences as a comprehensive discipline in t erms of
language, research and reli gious subject et c. Such effort s can
not produce any t hing product ive but int ellect ual ambi guit y
and ideological confusion because such kind of so-called
ijtihad done by modernist s of narrow-vision is not accept able
t o t he Muslims. Thus t his clash bet ween t he modern and
conservat ive perspect ives is making t he Islamic law st agnant .
As t he ort hodox religious communit y does not generally
realize t he import ance of modern educat ion, likewi se, t he
modern 'educat ed' communit y also looks down upon t he need
t o get educat ion of religious sciences. This mut ual clash of
and alienat ion bet ween bot h communit ies has placed t he
Ijtihad: meanings, application & scope 41
Musl im Umma in a difficult sit uat ion. This fact explains t he
prevalence of st agnat ion in t he area of jurisprudent ial research
and creat ivit y in t he Islamic world.

3. So-called Muslim governments
The t hird reason pert ains to the so-called Islamic government s
and t heir funct ionaries who do not t ake any effect ive
revolut ionary st eps in t he realm of educat ion t o bridge t his
gap bet ween ort hodox religious element s and modern
communit y owing t o t heir vest ed int erest s. If at all any
revolut ionary and reint erpret at ive effort is undert aken t o break
t his int ellect ual morass, t hey creat e hurdles in t he
implement at ion and success of such effort s. If societ y is
plagued by such deadlock and st agnat ion at any level, it is t he
sincere and st at esman-like revolut ionary effort s of t he rulers,
which have t he pot ent ial of breaking t his int ellect ual and
ideological logjam. The personal effort s of t he ruled have
lit t le chances of succeeding. Therefore it is al so t he
responsibil it y of the rulers t o keep t his process of ijtihad
alive.

The issue of modificati on in the princi ple of
ijtihad of four Imams
Aft er t he foundat ion of different jurisprudent ial schools of
t hought , the consensus of Muslim Umma in t he form of act
and word, on t he principle of ijtihad of four Imams has
already t aken place. Any change and alt erat ion in it wi ll
pract ically be a st ep opposed t o t he consensus of t he Umma
and will creat e t he possibil it ies of emergence of new
juri sprudent ial schools of t hought , which wil l no doubt creat e
more int ellect ual rift s and clashes wit hin t he Umma.
On this basi s, such modificat ion does not serve t he
purpose of religious obj ect ives and priorit ies. But if at some
t ime, t he Muslim Umma is faced wit h such int ellect ual and
Ijtihad: meanings, appli cation & scope 42
juri sprudent ial issues which can be solved in consonance wit h
t he principle of ijtihad of four Imams in any way and t he
scholars and mujtahids (t hose who conduct ijtihad) propose
modificat ion in any of the principles wit h consensus of t he
Umma, t here will be no harm in doing so from t he point of
view of I slamic law. The reason is t hat according t o Islamic
law, except t he consensus of t he Holy Companions, any
consensus can be cancelled wit h t he consensus of t he lat er
period provided it fulfi lls all t he condit ions descri bed for t he
cancellat ion of consensus.
But in our view, neit her can such a powerful and
complet e consensus of t he Umma be achieved t o cancel t he
consensus reached on principle of ijtihad of t he four Imams
nor is t here any such need because t heir principles of ijtihad
are so vast , comprehensive, inclusive and universal t hat they
do not need any amendment . When t here is a lot of room for
difference in ijtihad according t o t heir principles, no
just ificat ion is left t o amend the principle of ijtihad.

Essential attributes of a mujtahid (One who does
ijtihad)
A mujtahid should possess t he following qualit ies:
1. Fait hful and firm in bel ief and act ion
2. Just ice, piet y and God wariness
3. Knowledge of the Holy Quran and ot her necessary
matt ers connect ed wit h it .
4. Knowledge of Hadit h, principles of Hadit h and ot her
relat ed issues
5. Knowledge of Jurispr udence, principles of jur isprudence
and ot her relevant matt ers
6. Complet e grasp of Arabic language and lit erat ure
7. Deep under st anding of t he Islamic laws, commandment s,
t heir secret s and myst eries
Ijtihad: meanings, application & scope 43
8. Inference of commandment s, int erpret at ion of t ext s of t he
holy Quran and Sunna, perfect rules of gnosis of
analogical and int erpret at ive reasoning
9. Perfect underst anding of modern problems and t heir
complicat ions
10. Complet e familiarit y wit h t he cont emporary development s
and reasonable apprai sal of modern exigencies

Appropriate method of Ijtihad
Ijtihad is basical ly of t hree t ypes:
1. Ijtihad bayani (int erpret at ive reasoning)
2. Ijtihad qayasi (analogical reasoning()
3. Ijtihad istislahi (concilat ory reasoning)
Each of t hese t ypes of ijtihad shoul d be undert aken in
accordance wit h cert ain rules designed for each cat egory. For
example:
1. The Int erpret at ive ijtihad is relat ed t o int erpret at ion of t he
t ext s cont aining definit e meanings. The met hod employed
t o conduct t his ijtihad while int erpret ing commandment s
need t o be considered: part icular and general, infinit e and
finit e, realist ic and figurat ive, overt and covert , elaborat e
and abr idged and definit e and indefinit e et c.
Considerat ion shoul d also be given for inference of
commands t o the expression, implicat ion, direct ion and
necessit y cont ained in t he t ext . The int erpret at ive ijtihad
shoul d t his way be conduct ed keeping in view ot her
t echnical met hods of exegesis and int erpret at ion of t he
Quran and Sunna.
2. The Analogical ijtihad is derived from legal analogi es.
Here t he origin or root , sub- sect ion or branch, command
and it s cause require t o be det ermined. Proper met hod of
int erpret at ion, review and research of t he legal
responsibil it y needs t o be employed t o det ermine t he
cause and applicat ion of command. Moreover, to ident ify
Ijtihad: meanings, appli cation & scope 44
effect iveness of command and nat ure of reasoning,
discriminat ion is required bet ween t he appropriat e,
unusual, derived and t ransmit t ed reasons. And in case of
oneness of t he cause and command, oneness in kind and
sex needs al so t o be kept in view while perpet uat ing
juri st ic reasoning (ijt ihad).
3. The Conciliat ory ijtihad is derived from necessit y and
expedience. To accomplish t his kind of ijtihad, t he
est abli shed j urispr udent ial principles and rules are
required t o be kept in view including t he principles of
appreciat ive, conciliat ory, coalit ional and deduct ive
reasoning in addit ion t o usage, law of necessit y, exigency
and changing t imes. The ijtihad done in accordance wit h
t hese principles, condit ions and rules will be considered
appropriat e ot herwise it will remain an indivi dual opinion.

How will ijtihad get status of l aw in an Islamic
society?
Aft er deep medit at ion and t horough reflect ion over t he matt er,
my conclusion i s t hat only the collect ive ijtihad shoul d be
accept able as law for Islamic st at e in t he modern t imes.
Because of t he exist ing divisive sect arian, class-based and
et hnic rift s in t he body polit ic of t he Muslim Umma,
individual ij tihad cannot play it s effect ive role at the st at e
level. The variet y and complexit ies of t he problems in t he
collect ive life also represent t he fact t hat this ijtihad should
have 'st at e consensus'. It s met hod should be such t hat each
Islamic st at e adopt s t he 'collect ive way' of ij tihad separat ely
in keeping wit h it s peculiar condit ions.
Every st at e should est abl ish such a nat ional inst it ut ion
which has t wo houses:
1. General House or t he House of Commons
2. Speci al House or t he House of t he Privileged
Ijtihad: meanings, application & scope 45
The Special House shoul d comprise eminent religious
scholars, leading jur ist s, specialized aut hors and expert s of t he
cont emporary modern sciences et c. Such a select ion can be
quot a- and populat ion-based, whereas t he General House
shoul d consist of t he elect ed represent at ives of t he whole
count ry. Minimum st andard of educat ion and moralit y should
be lai d down for t hese represent at ives so t hat they are able t o
fulfill demands of just ice in the societ y and discriminat e
bet ween t he fair and t he foul.
Bot h of these Houses shoul d do ijtihad for framing laws
and const it ut ion of t he st at e. Their collect ive ijtihad should
be:
i. subservient t o t he Holy Quran and Sunna and shoul d
follow t he t radit ions of previously held consensus.
ii. in accordance wit h t he basic st ruct ure of t he mainst ream
juri sprudent ial school of t hought but shoul d al so have
room for accommodat ion of ot her schools of t hought
when needed.
iii. If t wo-house parliament feels, t hey shoul d be in posit ion
t o get advice from t he Islamic Ideology Council composed
of expert s and t echnocrat s on relat ed matt ers.
On t he patt ern ment ioned above, what ever collect ive
ijtihad wi ll emerge from t his process wil l have t he st at us of
law in an Islamic st at e and t his advisory body wil l be called
parliament or nat ional assembly or senat e of Islamic st at e.
This mode of collect ive ij tihad was t he most prevalent during
t he Ort hodox caliphat e.





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