Institution of Ijtihad And Modern World

Introduction
Ijtihad is commonly accepted concept in Islam and one cannot deny its legitimacy. Islam is a
compete code of life which catered to the spiritual, moral and material needs of human, beyond
time and spice. It gave new principles and laws acutely needed by the people. To respond to the
changing needs of societies, Muslim jurists and scholars have relied on the well-established
process of innovation, Ijtihad. This process is based not only on the Qur’an and religious
tradition (sunnah), but also on reason, deduction, and prioritization. Ijtihad is also an Islamic
legal term that means "independent reasoning" or "the utmost effort an individual can put forth in
an activity. This is through the institution of Ijtihad that attainment of aims of Islam is not only
possible but is also actualized. Today, there are many different opinions surrounding the role
of Ijtihad and qualification of Mujtahid in modern society. Let us discuss it in following lines.

The meanings and Definition of Ijtihad

Ijtihad derived from the Arabic word ‘Jahada’ which means “attempts”. The term is used
particularly in such occasions where hard ship and efforts are involved. According to Imam
Ghazali, Ijtihad means to expand once capacity in certain matter and use it to the utmost. Some
scholars have defined it as a mean of expanding to the fullest capacity by the Mujtahid in seeking
the knowledge of Shariah. The perfect definition of Ijtihad would mean that one has spent so
much effort in pursuit of the knowledge of Shariah that further pursuit is humanly impossible.

The scope of Ijtihad

The scope of Ijtihad does not include the matters of Aqeeda (belief) and Ibadath (devotional act).
Ijtihad does not occur except in the Muhamalath (transactions) or Ahkaam Shariah whose
evidence (Daleel) is speculative (Zanni) and not when the rule is decisive (qat’i).The scope of
Ijtihad includes most things including definitive matters such as the relations between nation
states, multiplied society and other issues on socio-political and economical matters the in
worldly affairs. It allows Islam to be reformed in order to apply to the modern age .

Ijtihad in Sunni legal theory

The practice of ijtihad remained the norm rather than the exception during the era of Khulifa-e-
Rashideen and the lifetime of the companions of the Prophet Muhammad (PBUH). These
companions of Prophet (PBUH) were in a position to interpret and apply the principles of
Sunnah with the least possible error. Therefore, Ijtihad that was performed by the Prophet’s
companions is not subject to reinterpretation. It was closely associated with ra’y, expedient and
free reasoning in the sphere of law. In formative period when complete Islamization had not yet
taken place, and so ijtihad linked with ra’y was still a legitimate activity; It was the founder of
the Shaf’I school of law, Muhammad ibn idris al-Shaf’I (d.812), who first make a clean break
from ra’y and to adopt ijtihad as a methodology synonymous with qiyas, an umbrella term
encompassing a number of legal inferences.
Ijtihad in Shi’a Point of View
In Shi’a Islam, the Imams, are considered the absolute authority in not only interpreting the
Qur’an but also in pronouncements over new problems. But even Shi’as faced problems after the
last Imam (12th in the case of Ithna ‘Ashari Shi’as and 21st Imam in case of Isma’ili-Musta’lian
Shi’as) went into seclusion. Their place was taken by Mujtahids in case of Ithna ‘Asharis and by
Da’is in case of Isma’ili-Musta’lians. And in case of Isma’ili-Nizaris the problem did not arise at
all as one of their Imams suspended the application of the Shari’ah itself.

Controversy Regarding The Closing of The Gate of Ijtihad

Long before the fourth century and certainly before the final formation of the positive law of the
Sunni law schools, the question of who could or could not practice Ijtihad came under
discussion. The qualifications for Ijtihad have been stated in several works of early jurists. Apart
from a slight emphasis on a few matters of religion and belief with which the Mujtahid must be
acquainted. Although the slight differences in the definitions of Ijtihad do not at first seem
significant, the differences may have led to confusion regarding the concept of Ijtihad and thus to
the arguments amongst medieval Islamic scholars regarding whether it should or should not be
exercised. It makes a contradiction among some scholars of Islam about the notion that gate of
Ijtihad was closed or not. Traditionally, a number of Sunni Muslims believed that the gate of
Ijtihad (independent interpretation) closed in the tenth century. Some scholars believes that gate
of Ijtihad was closed in thirteenth century rather than in tenth century. On the behalf of they
believed that all the answers were already there and all that was needed to follow and obey
(Taqlid). But the movement for the revival of Ijtihad began with Ibn- Taymmiyah who negated
the concept of Taqlid. Modern revivalist scholars of Islam from 18th to 20th century also faced
the problem on the closure of the gate of Ijtihad and stressed that it must be reopened in order to
meet the challenges that were faced by Islam. In fact, the door of ijtihad was never closed, so for
as working within the limits of a certain school of law was concerned. Historically, this term
developed only as a statement to express the historical fact that after a particular period no new
school of law can be established.

Ijtihad and Modern World

Muslim thinkers from 18th century were on the view that to regain the glory and to revive Islam,
Muslims must return to critical thinking and a process of adapting to the modern world and the
key to these remains in the practice of Ijtihad. Some of the prominent traditional reformers who
argued to renew Ijtihad were Shah Wali Allah (d. 1765), Muhammad ibn Ali al-Shawkani (d.
1832), and Muhammad ibn Ali al-Sanusi (d. 1859). Their emphasis on the centrality
of Ijtihad amounted to a criticism of Taqlid. They argued that for the learned jurists the ultimate
authorities did not lie in the doctrines of past masters but rather in the Qur'an and the Sunnah.
The modern Muslim scholars like Jamal al-Din Afghani and his disciple Shaykh Muhammad
Abduh and Rashid Ridda were most prominent figures of promoted the Ijtihad and they worked
to reopening of its door. They claimed that to perceive the true essence of Islam one must free
oneself from Taqlid and blind dependence on the traditional interpretations of the four classical
schools of thought and return to the religion of the forefathers (Salaf).A similar stance was
adopted in Indian context by some intellectuals like Sir Syed Ahmed Khan,Syed Amir Ali, Maulvi
Cheragh Ali and Allama Iqbal. They declared that the closing of the door of Ijtihad is pure
fiction suggested partly by crystallization of legal thought in Islam and partly by the intellectual
laziness which, especially in the period of spiritual decay, turns great thinkers into idols.

Ijtihad: A Magical Tool for Sustainable Development of Islam

Islam is the fastest growing religion in the contemporary world. The basic aim of Islamic
Shariah is to provide guidance and way of life to its followers. In the historical perspectives, the
star of Islam was at its rise and Islam crossed borderers from Asia to Africa and then Europe,
when the tradition of Ijtihad was at its height. The Holy Prophet (PBUH) had given the basic
principle only to the Muslims, which are in the Holy Quran and His own example (Sunnah). He
had directed the Muslims to use their judgment in working out details according to the changing
circumstances and rising exigencies. For this, as the benefit of the whole Ummah lies in the
activity of Ijtihad, Allah promised a reward to a Mujtahid. As there is a Hadith with reference to
this, that “when a judge makes ijtihad and reaches a correct conclusion, he receive a double
reward; and if his conclusion is incorrect, he still receive a reward”. However, selfish behavior
of rulers, rationalist movement and abolishment of caliphate in its true sense lead the Muslims
towards gradual decline because they stopped questioning and critical thinking. This ultimately
led the Muslims from superpower to mere disoriented people subjected to humiliation in every
field of life. As with reference to this Mohammad Abduh was on a view that decline of muslim
societies is because of their ignorance and misunderstanding of the faith and because of Taqlid
(blind imitation). Thus, to regain their eminence power and glory, Muslims must return to critical
thinking and the key to this remain in the practice of Ijtihad. This is the only way through which
Muslims can make them self compatible with the existing world and can cope with the
challenges presented by contemporary world. Without the tool of Ijtihad, the gap between
Islamic theory or aspirations and contemporary reality or constraints becomes impossible to
bridge.

Conclusion
Ijtihad is a prerequisite for the survival of Islamic Civilization in a modern world. In a fast
changing world, recourse to Ijtihad is a must. However, there is no need for Ijtihad as far as basic
beliefs and Ibadats (devotional act) are concerned, but in other matters of changed life styles
Ijtihad is a great necessity. It is particularly important in relation to the status of women, relations
between different Muslim Sects, relations between Muslims and non-Muslims, the role of
Muslims in non-Muslim societies, and Islamic economic theories etc…. Unfortunately in recent
past, restrictions on the practice of Ijtihad were imposed both by religious establishments with
vested interest and by repressive governments in Muslim countries opposed to democracy and
freedom of inquiry. It has to be understood that freedom of expression is essential to the practice
of Ijtihad through which reconciliation of Islam and modernity as well as reform of educational
system can be successfully accomplished.