Critically Analyse the Role of Ijtihad and Taqlid in Interpreting Rules

of Islam

Islamic Jurisprudence Assignment

Submitted by:

Submitted to : Dr. Ghulam Yazdani, Associate Professor (Faculty of Law, Jamia

Millia Islamia)

4th November, 2020.

CONTENTS

S. NO. TITLE PAGE NO.

1
1. Abstract 03.
2. Introduction 03.
3. Period of Evolution of Ijtihad and Taqlid 04.
4. Ijtihad 05.
5. Concept of Ijtihad in Different Schools of Thought 10.
6. Taqleed 12.
7. Concept of Taqleed in Different Schools of Thought 14.
8. Relationship between Ijtihad and Taqleed 16.
9. Conclusion 17.
10. Bibliography 18.

1. Abstract

2
With keeping the present state of the Muslim Community in mind, the stagnant nature it
has adapted with no new developments in the community, this paper presents an
analysis on the practice of Ijtihad and Taqleed and how they have been accepted in the
society with respect to different Fiqhs in picture. The paper has been divided into four
main parts. The first part of the paper gives a brief introduction about the concept of
Taqleed and Ijtihad and then moves towards highlighting the historical background and
getting a sneak into the period of evolution of Ijtihad and Taqleed. The second part
explains Ijtihad thoroughly, what it means, who can perform the activity of Ijtihad by
placing the importance of Mujtahids in the center. It moves forward by taking into
account some of the legislative functions of Ijtihad and also the types o Ijtihad, to name a
few. With this, the paper next puts forward the concept of Ijtihad in different Fiqhs or
School of Thought, how they are accepted in the two main sects of Islam, The Sunni
Community and the Shia Community. The third part of the paper puts the concept of
Taqleed forward. It starts with explaining the meaning of Taqleed and putting the light
on the position of Muqallid or the people who follow the practice of Taqleed. A brief
analysis of the practicality of Taqleed that how a ess learned person can come under the
taqleed of a more learned person and thus can follow their decisions on the matters of
life is what comes next. Lastly in this part, the paper explains the position of Taqleed in
different Fiqhs of Islam. Moving forward to the last part, the paper moves forward by
explaining the relationship between Taqleed and Ijtihad, ending with a brief conclusion.

2. Introduction

Man’s nature exclaims that he can only function properly within a society, and a society
to exist needs laws and regulations for its proper functioning. Islam teaches that Almighty
has sent a series of messengers and prophets with divine laws for a man’s guidance as to
how to live a life of dignity from the very beginning of his existence. The revelation sent
from Allah, the Almighty was completed at the time of death of the Prophet Muhammad
(SAWW) in the form of Qur’an and Sunnah. Ijtihad, and Taqlid however, continue and
are the source or methodology which gives Islamic law, its adaptability to see new
situations and capacity to tackle all new issues and problems arising in the matters of
code of living of Muslims. The various sources of Islamic law that we can see featuring
next to the Qur’an and the Sunnah are all demonstration of ijtihad. The concept of Ijma,
Qiyas, Istihsan, etc., are all inter-connected and come under the main heading of ijtihad.
Itjihad in its broadest sense means the use of human reason in the interpretation and
explanation of the Shari’ah or Islamic Law. It is considered to be the dynamic principal

3
 of Islamic Law, which helps to keep law ever fresh and capable of facing the upcoming
challenges of new places and times. Taqlid, on the other hand in its widest sense is to follow
someone, and their ideology in the matters of practicing Islam . In Islamic legal terminology it
means to follow a mujtahid in following religious laws and commandment as he has
interpreted and derived them. A mujtahid is a person who is an expert of Islamic
jurisprudence (fiqh); he is also called a faqih.1 The Scholars have debated that Taqlid is
responsible for the unproductive and stagnant past of the Muslim Community over many
centuries. They have found Taqlid to be unreasonable and of no purpose. It has been
maintained that the only way to drive out the Muslim scoeity out of bounds of
underdevelopment is to resort to the principle of Ijtihad. To bring about new solutions to
the problems it is considered to close the doors of Taqlid which stands in the way of
progress and rom external and open the doors of Ijtihad. In the present era of
westernization and development it becomes unrealistic and hard to follow someone in
practicing one’s code of conduct as it bars the idea of different perspective and hampers
the growth of a person as well as society as a whole. With Taqlid being in practice, it is
often debated that itt haults the development of the Muslim Ummmah (Community) as a
whole.

3. Period of Evolution of Ijtihad and Taqlid

The period of the evolution of Ijtihas and Taqlid begins with formation of the four Sunni
School of Thought, viz, The Hanafi, The Maliki, The Shafi’I, The Hanbali. It extends
upto 1924 A.D. After the founder of these schools, the great Imams, Abu Hanifa, Malik
Ibn- Anas, Mohammad-Ash Shafi and Ibn Hanbal, the learned jurist of Islamic law
continued the process of interpretation. 2 The two parallel doctrine of Ijtihad and Taqlid
emerged during this period. The person responsible for performing this practice were
known as Mujtahid.3 The status of Mujtahid is not derived by holding any position at the
state or an office but is rather completely based on the his wisdom and knowledge. The
immense power of forming one’s own perspective (Ijtihad) was, however, opposed by the

1
Sources of Islamic Law, available at: https:// http://www.legalserviceindia.com (last visited on October 17th, 2020)
2
Aqil Ahmad, Mohammaden Law 14 (Central Law Agency, Allahabad, 26th Edition, 2016).
3
Asaf A.A. Fyzee, Tahir Mahmood, Outlines of Mohammaden Law 28 (Oxford University Press, New Delhi, 1964).

4
 theory of Taqlid which means following the opinion of a person without having
knowledge of the authority of that person. By keeping the nature of an ignorant
individual this doctrine grew fourfold. A man in the street being ignorant could not be
expected to be learned in the rule of Shariat and consequently he was asked to follow the
opinion of those who knew it. 4
It is believed by the jurists that during this period the growth and development of law
were stopped. After the founder himself, no jurist was ever awarded the same rank and
importance. Seven different grades of this period are recognized, beginning from the
Imams as founders down to some ordinary mufti or jurist consultant. 5
The right of the abeyance of Ijtihad fell into picture after the fourth century Hijra.

4. Ijtihad

The word Ijtihad is derived from the Arabic word ‘jahada’ which means “attempts”. The
term Ijtihad means the practice of derivation and deduction of religious opinion about
some matter that is not found to be in the sources of Islam, keeping in view the essence
and overall facade of Islam. To name a few, matters like banking, stock market,
mutilation, organ donation, surrogacy and suicide attacks are some of the recent issues and one
needs to know the perception regarding them which is permitted by the religion. It is in
such times that a clear need for Ijtihad arises.
The term, Ijtihad, is used particularly in such occasions where hardship, strikes and
efforts are involved. According to Imam Ghazali (a philosopher of rom ex golden age),
ijtihad means to expand once capacity in certain matter and use it to the utmost. 6 Some
scholars have defined Ijtihas to be a means of expanding to the widest capacity by the
mujtahid in seeking the knowledge of Islamic Law. The perfect perception of ijtihad
would mean that a person has enormous time and effort in pursuit of the knowledge of
Shariah that any further pursuit is humanly impossible. According to Ijtihad, the search
for the knowledge should to to the fullest involving the greatest energies of the jurists.

4
R.K. Wilson, Anglo Mohammaden Law 23 (W. Thacker and Company, 6th Edition, 1940).
5
Abdur Rahim, Mohammaden Jurisprudence 168 (Irfan Law Book House, Lahore, Pakistan, 2006).
6
Arshia Javed, Mohammad Javed, “The Need for Ijtihad for the Sustainable Development of Islam” 9 Journal of
International Islamic University 217 ( 2011).

5
 In Islamic legislation, Ijtihad plays a very significant role and has central position in the
whole process. Living with each day, emands of life change day by day; and, it becomes
necessary to take a view on the structural review of Muslim laws keeping in mind the
spirit and discipline and working of Islamic jurisprudence. Ijtihad therefore is a perfect
tool for legislation. In cases in which jurists did not find any legal opinion of their
precedents related to a specific problem, they themselves formulated the solution for that
problem from the relevant texts and release their own Fatawa. In Pakistan, the Judiciary
that performs the task of interpretation for law-making, the Majlis-e-Shura and various
Ulama’ are exercising the job of  Ifta’. The Council of Islamic Ideology is the official
legislative body of  Fatawa.7

What is Ijtihad?

The fundamental aim of the Qur’an was to present a code of conduct for the Muslim
Community. The Qur’an does not provides with what the laws should be considering the
legal matters arising in the community but only holds the basic guiding principles for
making laws. Since the legal theory is based on divine authority, and since there lies a
duty of a man to praise Lord in accordance to those divine laws, the process which
involves extracting laws from the sacred texts became a duty for the jurists whenever any
new case arrived.
In the literal sense Ijtihad means “exertion” or “self- endeavor”. However, legally, this
terms refers to the level of striking done by a jurist until he reaches mental exhaustion to
derive laws from the sacred texts. Anything less than total exhaustion rules out the
patience of Ijtihad. 8 The practice of Ijtihad is seen to be dependent on the independent
conscience as the jurist can himself know as to what amount of exhaustion he has put to
derive the laws. Ijtihad can be referred as an effort of critical thinking necessary to arrive
at a properly formulated legal conclusion. Ijtihad roughly accounts for what is called as
“Interpretation” in Western Jurisprudence. There is a definite correspondence between
7
Ijtihad as a Legislative Function, available at : https://www.youngmuslimdigest.com (last visited on October 23th,
2020)
8
Rachel Anne Codd, “A Critical Analysis of the Role of Ijtihad in Legal Reforms in the Muslim World” 14 Arab
Law Quaterly 115 (1999).

6
 the two terms as ijtihad contains most of its activites to be interpretative activities. It is
not law as such which is interpreted but the sources of law. 9 Thus the process of using
human reasons to derive laws by elaborating Islamic Principles systematically by thriving
the hardest is the basis of Ijtihad.

Who is Mujtahid?

A Mujtahid is a person who performs Ijtihad. The female equivalent is called Mujtahida.
Any person in the Muslim Community who considers himself capable of performing
mental exhaustion upto the limit that he can derive laws by interpreting the sources of law
in Islam that are, Qur’an and Hadith of the Prophet Muhammad (SAWW) owes a duty to
his community. A mujtahid has to be well versed in the Quranic verses (ayat) and hadith
narratives that comes under the areasof his expertise. He must fluently speak the Arabic
language and be familiar with important legal terms. He must know about the isnad
( reference) of any hadith he cites to ensure that it is properly authoritative and authentic.
He must be familiar with ijma and nasikh (abrogation) so that he does not cite an
abrogated source or go against consensus in his rulings .At last, he must be aware of the
circumstances in which rulings are restricted (taqyid) or particularized (takhsis) so he
does not improperly apply any kind of precedent . Abu Hussain Al Basri laid down the
formulations as to who c an perform Ijtihad for the first which was later accepted by the
scholars. A Mujtahid should also be well aware of the fact Maqasid Al Sharia which
means the objectives of Sharia which are, Faith, Life, Lineage, Intellect and Property.10
Keeping the abovementioned requirements, it is no surprise that a lay man with a job to
earn a living and family would not be able to properly apply the practice of ijtihad every
time he needs a ruling on a matter and solution to his problem. Perhaps, There is no
shame in this. The Qur’an has exorted Muslims to “ask the people of knowledge if you do
not know” and sonot everyone can become a mujtahid and perform Ijtihad. Another
important aspect of being a Mujtahid is that a person hould be able to distinguish between
strong and weak evidences provided in the preceding Judgements as well as any point in

9
Bernard Weiss, “Interpretation in Islamic Law: The Theory of Ijtihad” 26 The American Journal of Comparative
Law 200 (1977).
10
Supra note 6 at 16.

7
 the sacred texts. Weiss states that the mujtahid must be able to identify commandments
and prohibitions and should have the quality of defining their exact nature, i.e., whether
they prohibit, recommend, require, or allow the practice of certain acts.11 The jurist also
should need to know the specific meaning intended in the text and must be able to choose
efficiently which of several expressions is the one intended. The jurist must also decide
on whether the passage is to be taken in the literal or metaphorical form and must have a
clear grasp of linguistic clues. Finally, according to Weiss, the jurist after being done with
his formulation of the opinion on a given passage must determine if that passage has been
abrogated, whereupon, Weiss considers that the mujtahid may not derive a rule of law
based on that. 12

Process of Ijtihad: If the clear rules are provided in the texts of the Qur’an or can be
derived by the Sunnah of the Prophet Muhammad (pbuh), then there arises no need of
performing ijtihad. Therefore, the first and the foremost process of performing ijtihad is
to thoroughly look through the sacred texts provided. Only when the solution to a
problem cannot be found in the Qur’an and the Sunnah of the Prophet Muhammad
(SAWW) then the Ijtihad can be applicable.

Legislative Functions of Ijtihad:

It is stated that Ijtihad can only be performed in three ways :

1) The Literal Interpretation:
In the first type of Ijtihad it is believed that the jurist stays as closed as he can to the
texts which are already present as sources of laws. He has to focus on the literal
meaning of the those texts. In a first, he has to find explanations for difficult and
unexplainedwords from the texts (Quran & Sunnah) themselves, the second thing is

11
Supra note 9 at 219.
12
Supra note 9 at 220.

8
 he moves to literature if he does not find explanations in the prescribed texts. It can

be assumed that it is basically an interpretation of the existing laws.

2) The Analogical Extension :
This mode is confined to deriving the most difficult types of analogy known as Qiyas.
It extends the principle of the already mentioned law to the new cases which are
similar to the case mentioned previously in the source of law for which the laws
cannot be derived through literal interpretation (this is called the method of analogy,
or Qiyas). Another word to associate with this type is following the precedent
judgements.
3) The Extension To New Cases: It extends the laws to new casesthat have not been
covered by the previous two methods by looking at the general principles and
objectives of the Shariah (this method is known as Istihsan or MaslahaMursalah—
general interests of the community). 13We can presume that it is to enact new laws.

Types of Ijtihad:

Dr. Yusuf al-Qarazawi mentions that Ijtihad, in the contemporary context, consists of two
kinds:14

1. Ijtihad on Jurists’ work: Ijtihad based on what our traditional legal giants have
bequeathed to us.

2. Ijtihad on New Issues: Ijtihad based on issues the likes of which were never seen by
the previous scholars.These are the new emerging issues of today.

5. Concept of Ijtihad in Different School of Thoughts

Sunni School of Thought:

It is believed that it is the duty of competent modern Muslims in the world to exercise
Ijtihad even where there are specific and clear injunctions in the Quran as long as that
13
Supra note 7.
14
Ijtihad and Taqlid, available at: https://www.academia.edu.in ( last visited on October 29th, 2020).

9
 Ijtihad does not tamper with the sacred text and therefore with the essential message of
Islam. The notion of repeal of certain Quranic passages and the prohibition of the
exercise of Ijtihad is denied by the writings of Ustadh Mahmoud Mohammad Taha. 15
Quran and sunnah reveals two stages of Islamic messages. The first stage is the Meccan
period which contains the fundamental message of Islam which emphasizes on the
dignity of humans regardless of race, belief or gender. When this stage was rejected, the
second stage came into implementation which is known as the Medina stage. When
Medina stage was revealed it did not repeal the stage of the Meccaa rather it was
suspended until times were appropriate. This shifting from the Meccan stage to the
Medina stage is what Ustad Mehmood terms his “evolutionary approach”16 and this
shows that the basis of the present day Sharia may be suspended and replaced with that of
the meccan period which is more in line with the needs of today. For the reforms to take
place in the Muslim community, the Muslims in the 20th century need to free themselves
from the constriction of the old ideas. Therefore this type of approach needs to be
implemented today. To bring about such reforms, it is important to get out of the idea
that the Sharia as it stands today if immutable and can never be revised or changed
eventually.
This comes in line with the views of Maulavi Saiyid Amir Ali who states that “the
elasticity of laws is the greatest test of their beneficence and usefulness”, and that the
“blight of the Muslim nation is due to the parasitic doctrine that has prohibited the
exercise of individual judgment”. 17He srongly believes that freedom from old ideas must
be achieved.
Shia School of Thought:
Until now the discussion was solely based on the Sunni tradition. It has now become
worthy to compare the contrasting rom e tradition as regards to the legal interpretation .
Both of the school of thoughts agree that the sources which are used in deriving legal
Principles are the Qur’an and Sunnah. Both communities believe that after the death of
Prophet Muhammad (peace be upon him) the Sunnah was carried forward by the

15
Abdullahi Ahmed An- Naim, Toward an Islamic Reformation, Civil Liberties, Human Rights and International
Law 52 (Syracuse University Press, Syracuse, 1990).
16
Supra note 15.
17
Amir Ali Maulavi Saiyid, The Spirit of Islam 230 (London, 1932).

10
infallibles but they happen to differ as to what this is . The Shite Muslims believe that the
continuing source of truth is to be found in the Twelve infallible Imams who have
descended from the progeny of Prophet Muhammad (peace be upon him). The most
important and fundamental difference between the theories of the Sunnis and Shia is the
paramount role of the Imams. The importance of this role of Imam then obscures the
concept of Ijtihad because to allow an individual jurist the supreme authority to derive
principles from the Qur’an would undermine the position of Imams as the central head
who act as a link between the humankind and God and remain at the position of the
executor of law. The importance of consensus is not important to the Shiite traditions as it
is to the Sunni community. Is because Shia believe that the pronouncements of Imam are
always correct regardless of whether they are included in the consensus or not. The third
difference which arises between the Sunni and Shia perspective of Ijtihad is that the
Shi’ites pay a greater emphasis on knowledge. Unlike the Sunni tradition the emphasis of
the role of Imam in the Shia community opens up another light of truth in the word of the
Imam which is verifiable and written down unlike the Sunnah of Prophet Muhammad
(peace be upon him). Therefore the Shia tradition actually rom exter more number of
sources of law then the Sunni community and they allow a greater capacity for the human
intellect to formulate the legal knowledge. At last, the Shia reject the notion of
interpretation by analogy not allowing the jurists opinion to go beyond the actual
meaning found within the text unlike the Sunni community and hence are not favorable to
the doctrine of Ijtihad.

6. Taqleed

Generally, Taqleed means the activity of following the opinions of the schools of Muslim
Law such as Hanafi, Shafi, Maliki or Hanbali School of thoughts. The purpose of the
practice of Taqleed is nothing but to follow the Qur’an and the Sunnah which are
considered obligatory for every Muslim. However, the people have different types of
opinion with regards to understanding and comprehensing the Shariah. There are two
ways of practicing Shariah or following Islamic Law, either by doing Ijtihad which

11
means practicing own understanding or being under Taqlid which means imitating or
following the orders of someone else on any matter arising out of the code of conduct of
muslims. It is nearly difficult for a layman to practice Ijtihad ; only competent authority
can perform Ijtehad. Therefore, Ijtehad can only be performed by few scholars and
Taqleed is done by a large number of people. Taqleed becomes a necessity because of the
fact largely due to the average Muslim’s incompetency to comprehend and derive Islamic
laws all by himself. The scholars, who can search and exhaust themselves for the
evidence, are excluded from this group of Taqleed. It is thus evident that all Mujtahid
Imams have forbidden their disciples to do taqlid. However, Taqleed is known to be
permissible for a common man who does not have knowledge.
Taqleed is not something that has been imposed on people rom external factors from
outside. Rather it is something innate to the human being’s nature. If something is part of
a man’s system, it cannot be taught from outside. It keeps growing inside and then
surfaces at the appropriate time in all the people irrespective of their gender, race, or
nationality all over the world. The result is eventually is that descendants of Adam, we
have no choice but respond to this call of nature. As an example; The urge to know the
truth; love for beauty; desire to excel; quest for knowledge; wish for honor and respect;
feeling for sacrifice and selflessness; and longing for well-being and goodness.

Every one of these conditions boils up from the depths of a human heart; and it is only
due to these times coming to the surface of the conscience of people that they choose
another man as their ideal and look upto them for doing what is ethically appropriate.

By the same token the nature of a human being truly longs for taqleed. Benefiting from
research by the people who have xpertise in that area and are considered to be wise and
knowledgeable is a natural phenomenon. If nations give up taqleed; i.e., move away from
excellence; let expertise go astray; pay no attention to skills; then we cannot expect that
their civilization will prosper; that their social life will bloom; that inventions will
multiply; that industry will grow; or that trade will thrive.

Meaning of Taqleed

12
 Books have been written to search out the meanings and purposes of the roots of words in
Arabic language. The word “Taqleed” means quite a several things. The word “taqleed”
comes from the root word “qaladat”. Qaladat means; “Something you put around your
neck”18 There are several other activities called “taqleed”, such as following the footsteps
of another individual or imitating someone or adopting someone else’s measures;
wrapping a necklace around the neck; putting a rope around a camel’s neck for
recognition and so on.

Taqlid translates in literal sense“to follow” but with a connotation of putting an article
around the neck. Generally, it happens to refer to following the opinions and views of an
established jurist or school of thought with regard to Sharia rather than interpreting it out
yourself. This should not be seen as something considered of derogatory nature; it is
generally agreed that at any possible given time, only a minority of the the Muslim
community has the authority for independent legal investigation and reasoning. As a term
of jurisprudence it means to follow a Mujtahid’s Ijtihad without asking for any proof or
argument. It means to follow a Mujtahidin’s religious laws and commandment as he
himself has derived them unquestionably. It basically means to accept a saying of a

person without investigating the evidence behind it.

The person who performs taqlid is called a Muqallid, whereas a person who rejects taqlid

is called a Ghair-Muqallid.19

7. Concept of Taqleed in Different Schools of Thoughts

Sunni School of Thought

At the theological level, and in a context characterized by the influence of Sufism, the
supporters of taqlīd have shown that jurists can actually be influenced by the Prophetic
light, so that their teachings and understanding on the knowledge and will of God can be
authentic. From this point of view, the hagiographic discourse on the four founders of the

18
The Meanings of Taqleed, available at : https://www.al-islam.org.in ( last visited on November 1st, 2020).
19
Supra note 5.

13
 schools of fiqh can be considered as a marker of this proximity to the Prophetic light.20
Following the commandments of the companions of Prophet Muhammad (pbuh) is a kind
of practice of Taqleed in Sunni School of Thought. The jurists who founded the four
school of Sunni Thought, Abu Hanifa, Malik Ibn anas, Abu Shafi and Hanbali are
followed by the people who preach the Sunni School of thought. It is mandatory on the
non-practitioner of Ijtihad, be he a lay man or a scholar who has not reached the level of
becoming a Mujtahid, to follow another Mujtahid, because Allah the Almighty says, “ask
the people of knowledge if you don`t know”[An-Nahil, 43]. However, it isn`t not found
to permissible for the Mujtahid who has met the requirements of Ijtihad to follow the
opinion of another scholar according to the Sunni traditions. 21

Shia School of Thought:

During the battle of Siffin in the context of arbitration, Ameer al-Mu’minin ‘Ali (as)
stated, “Silent command (Quran) is in need of an interpreter and this interpreter can only
be a human being.” 22

The teachings of Shi’ah Islam presents that the Imam is considered to be the successor of
the Prophet and acts as the preserver and interpreter of Islam and its law. In the earliest
period of Islamic history, the Prophet Muhammad (pbuh) guided the Muslim community
in every step of their day to day life , and was present for them to solve all their
difficulties. From the time of the first Imam, `Hazrat Ali (a.s), until the death of the
eleventh, Hasan al-`Askari (a.s), peace be upon them, the Shi’ah received guidance

20
Ijtihad and Taqlid in Sunni and Shia Islam, available at: https://www.ideo-cairo.org (last visited on November 1st,
2020).
21
Ijtihad and Taqlid, available at: https://www.aliftaa.jo (last visited on November 1st, 2020).
22
Dr, Sahmi Saleh, Nahjul Balagha, 182 (Beirut).

14
 directly from the12 Imams that they consider to be Infallibles and the true light of
Prophet.

Then, during the period of the Lesser Occultation (al-ghaybatu ‘s-sughra) of the Twelfth
Imam, Imam Mahdi (atjf) he himself successively appointed four representatives who
acted as the link between the Imam who is believed to be behind the curtains and his
Shi’ahs. However, when the present Imam, peace be upon him, went into his Greater
Occultation (al-ghaybatu ‘l-kubra) in 329/941 in obedience to Allah’s command, the
Shi’ah were obliged to observe taqlid  in their religious affairs. 23

Shi’ahs are not allowed to refer to any unauthorized sources or jurists for solution to their
problems, instead they are advised to seek the guidance of those who are well-versed in
the teachings of the Ahlul-Bayt or the household of the Prophet.

Is Taqleed Reasonable in the present time of Widespread Education ?

It is not always believed to be reasonable to follow someone without questioning their

beliefs and to hold blind faith in their opinions. There can be four possible ways of
imitation:
a) Imitation of an ignorant individual by another ignorant individual
b) Imitation of a learned individual by a more learned individual,
c) Imitation of an ignorant individual by a learned individual,
d) Imitation of a learned individual by a less learned individual.24

It is evident that the first three forms mentioned above of imitation are unreasonable and
can absolutely serve no purpose or are void. However, the fourth kind is not only
reasonable, but also crucial and a matter of common sense; in our everyday life we
follow, observe and walk on the footsteps and imitate others in many things.

8. Relationship Between Ijtihad and Taqleed

When a person is obtaining knowledge through Taqleed, it is not binding on the

individual to swear singular allegiance to a single Mujtahid for all time. It is incumbent
on Muslims to use their logic to seek out accurate and timely rulings from any authentic
23
Meaning and Reality of Taqlid, available at: https://www.al-islam.org (last visited o November 3, 2020).
24
Supra note 23.

15
 source. It is also permitted for Mujtahids who have already practiced Ijtihad to perform
Taqleed in case where time is a factor, and they are not certain that the delay required for
extensive Ijtihad will lead to a positive outcome for their case. The important thing is that
the law should be properly followed, not getting tied up in procedure along the way.
There has been a lively debate about the type of knowledge that can be gained through
Taqleed. Some people have debated that a person who only practices Taqlid cannot issue
fatwas or legal opinions because taqlid cannot be categorized absolutely certain and
hence cannot deem to fit for getting issued as fatwa. While people have also debated that
Muqallid (someone who practices Taqleed) can issue a Fatwa which will only be binding
on himself. In cases of absence of Mujtahids, some believe that Muqallids can issue a
Fatwa.

Except for the theological debates about the relationship between Ijtihad and Taqleed,
there has also been a political angle to this persepective. In the history of schools of
thoughts Ijtihad was used as a political instrument to reject the teaching of particular
schools, while Taqleed made it possible to justify the conservative positions. It could also
have been a vector of stability and governability. 25 Whereas, if Taqleed of different
schools seems to tamper the unity of Muslim Community as a whole as a human
expression of divine oneness, the variety of opinions which comes with the practice of
Taqleed has also brought about a new wave of pluralism in Islam that unknowingly has
resisted against the yearning towards uniformity.

9. Conclusion

The question arising out of the fact that who should perform Ijtihad and who should
follow the Ijtihad of some other person has always been a complex area to deal with. A
number of controversies exist on every aspect of the legal doctrine concerning the matter

25
Yossef, “Legal Diversity in the Age of Taqlīd: The Four Chief Qāḍīs under the Mamluks” 10 Islamic Law and
Society 212 (2003).

16
 of Ijtihad and Taqleed. Nevertheless, the duality of Ijtihad or Taqleed pictures the
realization among the Muslim community that proper interpretation of the law from the
sources is both crucial and very difficult. It provides a light through which a person of
reasonable sense can have a ethically right and faithful life based on the concept of Sharia
without having to dispute one’s other activities of lifestyle. Although with time people
have debated that the doors of Ijtihad have long been closed while some do not agree
with this assertation, there comes a great need for renewal of the practice of Ijtihad.
Scholars have also debated on the issue of Taqleed as to how it leads to the stagnant
nature of the Muslim Community today and therefore its practice should be closed
keeping in my the present westernization of thoughts but it is also practically impossible
for every other person in the community to practice Ijtihad which makes the practice of
Taqleed important and reasonable.

10. Bibliography
A. Primary Sources
I. The Holy Qur’an
B. Secondary Sources
II. Books

17
  Abdullahi Ahmed An- Naim, Toward an Islamic Reformation, Civil Liberties,
Human Rights and International Law 52 (Syracuse University Press, Syracuse,
1990).
 Abdur Rahim, Mohammaden Jurisprudence 168 (Irfan Law Book House,
Lahore, Pakistan, 2006).
 Aqil Ahmad, Mohammaden Law 14 (Central Law Agency, Allahabad, 26 th
Edition, 2016).
 Amir Ali Maulavi Saiyid, The Spirit of Islam 230 (London, 1932).

 Asaf A.A. Fyzee, Tahir Mahmood, Outlines of Mohammaden Law 28 (Oxford

University Press, New Delhi, 1964).
 Dr, Sahmi Saleh, Nahjul Balagha, 182 (Beirut).

 R.K. Wilson, Anglo Mohammaden Law 23 (W. Thacker and Company, 6 th

Edition, 1940).
III. Articles
 Arshia Javed, Mohammad Javed, “The Need for Ijtihad for the Sustainable
Development of Islam” 9 Journal of International Islamic University 217, 2011.
 Bernard Weiss, “Interpretation in Islamic Law: The Theory of Ijtihad” 26 The
American Journal of Comparative Law 200 (1977).
 Rachel Anne Codd, “A Critical Analysis of the Role of Ijtihad in Legal Reforms
in the Muslim World” 14 Arab Law Quaterly 115 (1999).
 Yossef, “Legal Diversity in the Age of Taqlīd: The Four Chief Qāḍīs under the
Mamluks” 10 Islamic Law and Society 212 (2003).
IV. Websites
 Ijtihad and Taqlid, available at: https://www.aliftaa.jo
 Ijtihad and Taqlid in Sunni and Shia Islam, available at: https://www.ideo-
cairo.org
 Ijtihad as a Legislative Function, available at :
https://www.youngmuslimdigest.com
 Ijtihad and Taqlid, available at: https://www.academia.edu.in
 Meaning and Reality of Taqlid, available at: https://www.al-islam.org
 Sources of Islamic Law, available at: https:// http://www.legalserviceindia.com
 The Meanings of Taqleed, available at : https://www.al-islam.org.in

18
19