The Meaning of Ijtihad

Technical meaning of Ijtihad: ‫ بطريق الشرعية باالحكام العلم طلب فى وسعه المجتهد بذل ستنباط اال‬it is
the effort made by the muhtahid in seeking knowledge of the ahkam (rules) of the
shariah through interpretation.
So Muslim countries used this method to make new laws but in Pakistan we used a
method called taghur they do not do ijtihad by their self they look into the opinion of
imams this is also called opportunism means if I like the opinion of Abu Hanifa then I
choose his opinion what is easy, flexible and suit and fulfill my needs.by using this
method the revival of Islamic laws begin in Pakistan.
The Dissolution of Muslim Marriages Act, 1939 deals with the situations in
which Muslim women in India can obtain divorce. Its title and content refer to The
Muslim Personal Law (Shariat) Application Act, 1937, which deals with marriage,
succession and inheritance among Muslims. The 1939 act (Act No. 8 of 1939) is an act to
consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of
marriage by women married under Muslim Law. The act received assent of the
Governor-General on 17 March 1939.In Muslim law, the wife can claim divorce under
extrajudicial or judicial modes. The extrajudicial modes are Talaaq-i-tafweez and Lian.
The judicial mode is by Dissolution of Muslim Marriages Act 1939. The act defines the
grounds for divorce and the procedure for the purpose. Abu hanifa school does not
allow this but Malaik school is more flexible so they allow this so woman can go to
Adalat and so she want dissolution of marriage however this method is controversial
method, Dissolution of Muslim Marriage Act, 1939 (DMMA) is sole document in the
history of Sub continent, which is a departure from the Hānāfi School of Islamic thought.
It is based on the Maliki School of Islamic jurisprudence. The two main purposes of this
document were to grant women more right which were not there in the Hānāfi School
of Islamic jurisprudence and to stop women from committing apostasy to get out of
their marriage. However, when the DMMA is critically evaluated it is found that, DMMA
may provide more right to women of subcontinent if applied according to real intention
of Maliki School of Islamic jurisprudence.