SLIDE6 Al-Ijtihad and Its Role in Initiating Creativity

ISLAM
THINKIN
G AND
CREATIVIT
Y
Department of Fundamental and
Interdisciplinary Studies | 2020
Creative
Thinking
& Problem
Solving
UN GS 2 0 11
AL-IJTIHAD
ITS ROLE IN INITIATING
CREATIVITY
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Prepared by Dr. Shamila Abu Hasan
al-Fatihah
SHARI’AH Shari’ah (Islamic Legal System) is an Arabic
word meaning the Path to be followed.
Literally it means ‘the way to a watering

place.’
It is the path not only leading to Allah, the

Most High, but the path believed by all
Muslims to be the Path shown by Allah, the
Creator Himself through His messenger,
Prophet Muhammad (pbuh).
The Shari’ah, originated from the direct
The Aims of commandment of Allah, but there is a provision or
Shari’ah power given to man in order to interpret and expand
Divine commandment, by means of analogical
deductions and through other processes.
Unlike the Roman Law, which developed from the

actioner English Common Law which developed from
the writs,
the very First primary source of Shari’ah is the

1) Holy Qur’an.
Second Primary Source of Shari’ah is the

2) Sunnah.
Both are considered as Primary Sources of the

Shari’ah.
The Aims of The PRIMARY SOURCES are Quran and
Shari’ah Sunnah.
The SECONDARY SOURCES are al-Ijma’,

al-Qiyas and al-Ijtihad – which are derived
from the legal injunctions of the Holy Qur’an
and the Sunnah of the Prophet (pbuh).
In this subject, we focus on al-Ijtihad, and how

it relates to the creativity.
Introduction
The Quran is full of verses that call for
creativity, perfecting work and excelling
in ijtihad to manage one’s affairs. Quran
motivates human beings towards
creativity in words and actions:
“He who created death and life, that he

may test which of you is best in deed, and
He is the Exalted in Might, Oft-Forgiving” (al-
Introduction
Here we also discuss on the
meaning of the term al-Ihsan .
Al-Ihsan is aimed ultimately at
managing affairs in the best
manner and at finding the best
solutions for establishing
rulings on events.
َ‫ َأنْ تَ ْعبُ َد هللاَ َكَأنَّ َك تَ َراهُ فَِإنْ لَ ْم تَ ُكنْ تَ َراهُ فَِإنَّهُ يَ َرا َك‬: ‫ قَا َل‬,‫ان‬
ِ ‫س‬َ ‫َأ ْخبِ ْرنِ ْي َع ِن اِإل ْح‬.
Ihsan: “it’s to worship Allah as you are seeing Him and while
you see Him not yet truly He sees you.”
Introduction
• Islam has made the fruit of ijtihad,
jihad and perseverance in every
activity, as guides for all spheres of
man’s life.
“And those who strive in our (cause) We
will certainly guide them to our path”
(al-Ankabut: 69).
This verse indicating that jihad in this
context refers to doing one’s best in
achieving Allah’s pleasure in all spheres
of our life while being governed by the
divine words.
Introduction
Say: "Truly, my prayer and my service of sacrifice, my life and

my death, are (all) for Allah, the Cherisher of the Worlds:
No partner hath He: this am I commanded, and I am the first of

those who bow to His will.
Al-An’am: 162 - 163

Mujtahid Field of Ijtihad Tools Institution
Musykilah
Skills application method
(Problem)
Knowledge experience Utilization limitation
IJTIHAD evidences
Forms & styles

Time-space
(moment)
challenges
Rules
rulings
Assumptions
cases
Conceptual Terminology Verification movement Legal preference
Sketching Wisdom Framework
Convergence Divergence
(Ijma’) (Ikhtilaf Ra’y)
Qiyas Maslahah Norms Qualifications

Domain of IJTIHAD
Work Field Methodology & Tools
1 3 5
2 4
Qualification Objectives
and abilities Problem
Definition
According to Abdur Rahman I. Doi,
Ijtihad
- effort or an exercise - one’s own
judgement.
- the use of human reason -
elaboration and explanation of the
Shari’ah Law.
- variety of mental processes, - the
interpretation of texts of the Qur’an, -
the assessment of the authenticity of
Definition
Qiyas or analogical reasoning,
is a particular form of Ijtihad, the

method by which the principles
established by the Qur’an, Sunnah
and Ijma’ are to be extended and
applied to the solution of new
problems not expressly regulated
before.
Definition
Al-Ijtihad therefore, is an exercise of
one’s reasoning to arrive at a logical
conclusion on a legal issue done by
the Jurists to deduce a conclusion as
to the effectiveness of a legal precept
in Islam. Imam Muhammad Idris al-
Shafi’i has supported the idea of
Ijtihad by quoting a verse of the
Quran to substantiate his conviction
over the issue of Almighty Allah has
said:
Definition
We see the turning of thy face (for guidance to
the heavens: now Shall We turn thee to a Qibla
that shall please thee. Turn then Thy face in the
direction of the sacred Mosque: Wherever ye
are, turn your faces in that direction. The
people of the Book know well that, that is the
truth from their Lord. Nor is Allah unmindful of
what they do.
al-Baqarah:144
Definition
Al-Ijtihad
Literally means creativity (ifti’al)

derived from hard work or over
exertion (al-juhd/al-jahd).
Al-juhd is hardship (al-

mashaqqah), which also refers to
ability (al-Taaqah).
Definition
According to Ibn Faris:
“The origin of juhd is hardship, to the

utmost/worked too hard. Jahadtu nafsi
wa ajhadtu (I exerted myself to the
utmost/work too hard).
Hence al-Juhd refers to ability, Allah

says: “Those who give according to their
ability?” where al-Majhud refers to
extreme hard work and over exertion.
“Ijtihad
DEFINITION literally means striving or exertion;
it is defined as the total expenditure of
effort by a mujtahid,
in order to infer, with a degree of
probability,
the rules of Shari‘ah from the detailed
evidence in the sources”
Mohammad Hashim Kamali (2008)
Related to Covid 19:
1. Hukum of Juma’ah prayer (Solat Jumaat)
DEFINITION in your respective house.
۟ ُ‫اَل تُ ْلق‬
‫وا بَِأ ْي ِدي ُك ْم ِإلَى ٱلتَّ ْهلُ َك ِة‬
and example: make not your own hands contribute to
(your) destruction. (surah al-Baqarah:195)
and
Runaway from the disease as if you run
away from a lion.
(Hadith Sahih Al-Bukhari (5707)
The Technical
Meaning of
al-Ijtihad
Ibn Qayyim al-Jawziyyah (d.
751H)
He defined al-Ijtihad as an
opinion, stating that it is, “What
the heart decides after a lengthy
contemplation in pursuit of the
correct viewpoint”.
Ibn Taimiyyah states that:
Allah encourages ijtihad and

creativity to get closer to
Allah as well as gaining
reward from Him. Relating Ijtihad
to the
Dimension
For the importance of of Worship
creativity
and in advancing Islamic
civilization.
“Those who listen to the Word, and
follow the best (meaning) in it: those
are the ones whom Allah has guided,
and those are the ones endued with Relating Ijtihad
understanding”. To the
Surah az-Zumar:18 Dimension
Hadith (Sunan Ibn Majah)
The strong believer is better and loved by
of Worship
Allah rather than weak believer even
though both are practicing good deeds.
Recommendation of Ijtihad
The companions of Mu'adh narrated from Mu'adh that the Messenger of Allah
(‫ )ﷺ‬sent Mu'adh to Yemen.
RasuluLlah (‫ )ﷺ‬asked Mu’adh: "How will you judge?"
Mu’adh said: "I will judge according to what is in Allah's Book."
RasuluLlah (‫ )ﷺ‬said: "If it is not in Allah's Book ?"
Mu’adh said: "Then with the Sunnah of the Messenger of Allah (‫)ﷺ‬."
RasuluLlah (‫ )ﷺ‬said: "If it is not in the Sunnah of Messenger of Allah (‫"?)ﷺ‬
Mu’adh said: "I will give in my view."
RasuluLlah (‫ )ﷺ‬said: "All praise is due to Allah, the One Who made the
messenger of the Messenger of Allah suitable.”
Ref. Jami` at-Tirmidhi (The Chapters On Judgements From The Messenger of Allah)1327, Vol. 3, Book 13, Hadith
1327
Recommendation of Ijtihad
• 'Amr bin 'Al-'As (May Allah be pleased with him) said:

• I heard the Messenger of Allah (‫ )ﷺ‬saying, "When a judge
utilizes his skill of judgement and comes to a right decision,
he will have a double rewards, but when he uses his
judgement and commits a mistake, he will have a single
reward."
[Al-Bukhari and Muslim]

“This Hadith implies that regardless of its results, ijtihad never
partakes in sin. When the necessary requirements of ijtihad
are present, the result is always meritorious and never
blameworthy”
EXAMPLE OF IJTIHAD:
Organ transplant.
• There is no such statement of organ Relating Ijtihad
transplantation and donation permissibility in To the
the Qur’an and Sunnah. Due to its Dimension
development of modern science in medicine,
however, Islam has discussed these of Worship
developments since 1950s. Such as it has
been discussed since 1960s where the
decree of the Perlis Mufti in 1965.
• Essentially, organ transplantation and
donation are permissible in Islam. The
reason is, it fulfills the requirement in the
preservation of human life, which is one of
the five Maqasid al-Syar‘iyyah (objectives of
the Islamic law).
The Relationship
Between al-Ijtihad and opinion (ar-ra’y)
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The Relationship
This relationship portrayed by the Hadith of Muadh that

we’ve
discussed just now, whom the Prophet (pbuh) sent to Yemen.
It shows that Islam as a movement throughout history was

neither mechanical nor influenced by static ritualistic cus-
tom, which does
not care about the dynamism of life.
The Relationship
Solutions that would combine, in a creative way, the noble
origin
and ground reality in resolving intricate problem.
It aims at reaching the most advanced and best solutions,

other than the most perfect ones, thus, confirming the saying
of the
Prophet (pbuh):
“Allah loves it when one of you does a piece of work, they

do it
Ijtihadat of Prophets and Messengers Preceding Prophet
Muhammad (peace be upon them all)

Muhammad (peace be upon them all)
And remember Dawud (a.s) and Sulayman (a.s), when they gave
judgement in
the matter of the field into which the sheep of certain people
had strayed by night, we did witness their judgement.
To Sulayman (a.s) we inspired the (right) understanding of the
matter. To each (of them) we gave judgement and knowledge”
(al-Anbiya’: 78-79)
Muhammad (peace be upon them all) – the Judge of Solomon
A story in the Hadith of al-Bukhari, narrated by

Abu al-Zanad and by ‘Abd al-Rahman al-A’raj,
narrated by Abu Hurayrah, the Prophet (pbuh)
said, “While two women were with their two
sons, a wolf came and took away
the son of one of the two women. One of the
women
told her friend, it (the wolf) went away with your
son”.
Muhammad (peace be upon them all) – Read the Judgement of Solomon –
cont’d…
Both of them then decided to go to Sulayman, the son of

Dawu. They told him the story. He said, “Bring me a
knife to divide the remaining son between the two
women.
“The younger woman cried, May Allah has mercy on
you. He is her son.” Then Sulayman judge in favour of
the younger woman.
This narration proves that the ruling of Dawud a.s was

purely based on ijtihad for if his judgement were based
on the text, then it
would not have been right for Sulayman a.s to bypass
Muhammad (peace be upon them all) – the Judge of Solomon –
cont’d…
That is one of the examples to confirm the legitimacy

of
ijtihad in resolving matters, even among the prophets.
It is Allah’s wisdom that He related public interest to

ijtihad, whether its outcome is desirable or erroneous,
so that ijtihad has become one of the traditions of the
civilized Ummah,
contributing relentlessly to elevating humanity to the
The Ijtihad of Prophet Muhammad (pbuh)

The Ijtihad of Prophet Muhammad (pbuh)
The ijtihad of Prophet Muhammad (pbuh)

has
been established in more than one occasion.
There were ijtihadat which Allah the
Almighty
approved, and there were those that were
corrected. The following are some of the
important instances.
The Ijtihad of Prophet Muhammad (pbuh) cont’d…
Ijtihad regarding the prisoners of war (POW) captured in

the Battle of Badr. He delegated the matter to a number of
his companions to decide how the prisoners should be dealt
with.
Abu Bakr al-Siddiq (r.a) was of the opinion that the POWs
should
be pardoned.
Umar (r.a) and Ali (r.a) decided that they should be be-
headed.
Revelation was sent to support the view of Umar and
The Prophet (pbuh) made an ijtihad that he

favoured
what Abu Bakr (r.a) said.
He took ransom from the POWs but later he was

crying. He said: “I am crying for your compan-
ions for
they have taken the ransom”.
The prophet’s ijtihad regarding this matter has three di-

mensions.
First: The Qur’an, supported Umar and Ali’s (r.a) views.
(To behead the POWs).
Second: The prophet exercised the utmost leniency and
compassion to grant his captives total freedom.
Third: Allah the Almighty had allowed the ijtihad of His
Messenger (pbuh) to prevail.
Ijtihad during the Time of the Companions
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There are many traditions transmitted from the compan-

ions
which the scholars classified and described as evidence
for the
legislation and proof of ijtihad.
Ijtihad during the Time of the Companions cont’d…
The hadith of Muadh ibn Jabal when the Prophet (pbuh) asked
him of how he going to judge when he is not find the answer in
the Quran and sunnah, that he will exercise his ijtihad, then
RasuluLlah SAW praised Allah for Allah who has accepted from
the messenger of Allah’s messenger, what the messenger of Allah
loves.
This hadith is among the prominent foundations for ijtihad.

Furthermore, it is of the most valuable for those of the forefront
of creativity i.e the mujtahid so much so that he has been allowed
to apply his reasoning without sparing any effort.
This, having won the approval of the Prophet (pbuh) instantly, is
a stance that had received divine acceptance.
cont’d…
It is narrated by Sa’d al-Qarh and Said ibn

al Musayyib that Bilal came to Allah’s
messenger (pbuh) to seek his permission
for (leading) the morning prayer after he
Illustration only had made the call for prayer (adhan).
Allah’s messenger (pbuh) was asleep.

Bilal then called: “Prayer is better than
sleep”. Prophet (pbuh) approved the new
phrase in the subh prayer.
cont’d…
These tradition can be categorized as follows, based on

their
sources of origin:
a) Traditions that originated from the caliphs, encourag-

ing their subjects and the governors they appointed to
administer provin-
ces and principalities, to resort to ijtihad and creativity to
resolve matters and problems facing them. This was also
a form of preparation and training for them to discharge
their duties
cont’d…
b) Traditions showing that ijtihad originates from

every individual’s personal initiative, which
indicates the presence of a conducive and
encouraging environment.
This also shows that Islam is al-Din that inspires

its followers towards ijtihad and creativity
whenever they possess the tools and expertise
and meet all the requirements for ijtihad and
Qualification of Mujtahid
1. Enough knowledge of Arabic.
2. Extensive comprehensive knowledge of the Abu'l-Husayn al-Basri
Qur'an and the Sunnah. (D. 436 AH/1044 )
3. Must be able to confirm the consensus (Ijma) of “Al-Mu‘tamad fi Usul al-Fiqh”
the Companions, the Successors, and the leading
Imams and mujtahideen of the past.
4. Should be able to fully understand the objectives
QUALIFICATION
of the shariah OF MUJTAHID
5. Be able to distinguish strength and weakness in IN THE DOMAIN
reasoning, or in other words exercise logic. OF
6. Must be sincere and a good person.[26] RELIGIOUS
SCIENCES
Ref: Kamali, Mohammad Hashim (1991). Principles of Islamic Jurisprudence.
Cambridge: Islamic Texts Society. pp. 374–377.
The Mujtahid and His Role in Creativity

The Mujtahid and His Role in Creativity
The previous definitions of ijtihad, both literal and tech-
nical,
summarized the significance of ijtihad and its dynamic
role in
Islam, and the value of mujtahid in creativity.
Past Muslim scholars, however, did not give a free hand

to every individual involved in ijtihad. They laid down
for him rules and conditions that would give value to his
process of ijtihad.
They also opened horizons to develop his abilities and
The Example
Stem Cell Xenotransplantation
Refer to Bayan Linnaas.
https
://muftiwp.gov.my/artikel/bayan-linnas/4362-bayan-linnas-siri-ke-227-penggunaan-se
l-stem-dalam-perubatan-menurut-perspektif-syarak
This treatment among others is to change the damaged

tissue of heart disease and leukemia patients.
It is the contemporary issue facing by Muslims. It was not discussed by

the previous Muslim scholars. Thus, it includes in al-Nawazil (Fiqh Con-
temporary) debated by ulama’ mu’asarah and contemporary Muslim schol-
ars
nowadays.
Thus, it is permissible if the treatment is parallel with the preservation of
life which include in Maqasid al-Syari’ah, Allah says in Surah al-Baqarah:
The Example cont’d…
Surah al-Baqarah: 185 (among the ayah)
Allah intends every facility for you; He does not want

to put to difficulties. (He wants you) to complete the
prescribed period, and to glorify Him in that He has
guided you; and perchance ye shall be grateful.
The Example
“Religion plays a significant role in the everyday life of many individuals and thus in
fluences lifestyles, eating habits, and medical treatments. The 3 major monotheistic
religions have certain aspects in common. All posit a hierarchy in the order of cre-
ation, in which humanity has a unique place (De Dios Correa, 2001).
Furthermore, the Roman Catholic Church holds that humanity has a mandate to
guide the life of creation toward the integral good (Daar, 1994). However, both
Judaism and Islam forbid the raising and consumption of pigs.
Nevertheless, using pig organs for xenotransplantation is not regarded as eating

pork. Moreover, both Judaism and Islam allow for exceptions to dietary laws, par-
ticu-larly in situations in which a human life might be saved (Daar, 1994; Rosner,
1999)”
(Article: Ministry of Health Malaysia)

General Rules of Creative Ijtihad in Islam
01
1. To seek the pleasure of
Allah, the Almighty, who
said, “Say verily I am
2. To seek truth and justice. Allah
commanded to serve Allah
the Almighty said, “Oh you who 02 with sincere devotion” (al-
believe! Stand out firmly for Allah Zukhruf:11)
as witness to fair dealing, and let not
the hatred of others to you make
0
swerve to wrong and depart from
justice. Be just: that is next to
piety” (al-Ma’idah:8).
General Rules of Creative Ijtihad in Islam cont’d…
01
03 3. To spare no effort and ability
(to make every effort and
ability). Allah the Almighty
4. To be conversant with the said, “That He may test which
evidence, their degrees and 04 of you is the best in deed” (al-
levels of proof, the Mulk:2)
Shari’ah principles and the
methods of deriving
rulings.
5. To be conversant with the
05 various sciences and techniques
02 of the Qur’an, Hadith and
Arabic Language.
6. To adhere to the objectives
of the Shari’ah, balancing 06
between the promotion of
human welfare and the
prevention of corruption or
evil.
7. To establish the intention of
07 seeking the best solution, not just to
conduct research on any solution
available, for in one issue there
could be varying solutions, but what
is required from one is the pursuit of
the best and perfect solution.
8. To refrain from shutting the 08
door on new solution,
ratified or developed or that
which is termed as opening
the door of reviving ijtihad.
At this juncture, it is possible to explain the continuity of the
process of ijtihad among the prominent schools (madhahib),
and the diversity of the views of their adherents.
There are also other dimensions to be interpreted, such as
one imam having old and new opinions in different fiqh
issues due to the differences in environment, circumstances
and situations.
Similarly, an Imam can also have numerous varying
opinions.
09 To refrain from discarding others’ solutions, for some issues
have more than one view. This can be seen in the Prophet’s
approval of multiple solutions and views as he did with the
two groups who did ijtihad in performing ‘asr prayer when
the Prophet (pbuh) sent them to Bani Qurayzah.
The same applies to the Prophet’s statement to ‘Umar, “both

of you are correct” when the two disputed over the recitation
of Imam, who recited contrary to the commonly known
Qur’anic recitation.
01 Al-Juwayni in his book al-Burhan
says: “If an event occurs and the
individual seeks a legal decree
(fatwa) for its ruling and, the same
Renewing event occurs again, does he need to
review the decree? There are
Ijtihad varying opinions on the matter.
There are those who opine that a

review is necessary, for ijtihad
changes; and if the authority is
asked for the second time (on the
same case), he has to renew the
ijtihad, which in its right is like
Ibn al Qayyim asks in I’lam
al-Muwaqqi’in (Usul Fiqh
02 Kitab), if a person seeks his
legal decree on a ruling
Renewing related to an event and, he
Ijtihad issued a fatwa and that
person acted upon his
(latter’s) statements, and
then, the same event
recurred to the person, then
does he still need to use the
same fatwa or is he required
another fatwa for the
03 There are two opinions on the matter
from the viewpoint of the Hambali
and Shafi’i. There are those who do
not oblige the person for the second
Renewing fatwa.
Ijtihad They say that the principle is to retain
the status quo. The person has to
abide by the first fatwa even if there is
a possibility of reviewing the ijtihad.
The person is also required to use the
fatwa for some time until the next one
is issued, although he is permitted to
review his ijtihad.
04
On the other hand, there are
those who disagree with the
person who retains the first
fatwa. They say it is not reliable
Renewing for the legist (mufti) to retain the
ruling of his first ijtihad,
Ijtihad perchance he could preponderate
it, indicating the possibility that
the person had used the wrong
fatwa along with those who had
sought his fatwa as well.
05 Al-Isnawi says in his book Al-
Tamhid, “If an event happens to the
mujtahid and he makes his ijtihad in
it and issues a fatwa, and then, the
Renewing event occurs to him for a second
time, he has to decide whether he
Ijtihad should review his ijtihad.
There are three opinions regarding

the matter.
Amadi explain that the correct

opinion, mentioned from past
methodologies of ijtihad, is that it is
05 Similarly, Ibn al-Hajib held the
opinion that reviving ijtihad was not
necessary though he did not
compromise between what was
Renewing mentioned and what was not. He
resolved them in Al-Mahsul by
Ijtihad saying that if his Ijtihad had
changed, then it was preferable to
inform the person about the change
so that he could cease / stop using
the old fatwa.
THE EXAMPLE
Current ijtihad, alcohol in the drink
These are among the explanation of the ijtihad of the alcohol in the
drink, we need to read more for the comprehensive ijtihad.
1. Liquor contains alcohol. However not all alcohols is categorized as liquor. If

the alcohol is from the liquor manufacturing process, so it is haram to be consumed.
2. The alcohol which is not through the liquor manufacturing process is not haram

but it could not be drank by its nature since it is poison and dangerous.
3. The soft drink which is processed not in order to produce liquor and contain

alcohol about 1% and below is considered as non-liquor.
4. Meanwhile soft drink made with the intention and follow the process of making

liquor, even contain a very little alcohol is considered as haram.
https://muftiwp.gov.my/artikel/bayan-linnas/3572-bayan-linnas-siri-ke-198-produk-minuman-y
ang-menyerupai-arak
Islam makes it
incumbent upon Mujtahid Imitating
the mujtahid to Another Mujtahid
spare no effort in
Al-Shafi’i said, “It is
his ijtihad in
impressive for a
reaching the best mujtahid to perform
solution for an ijtihad based on his
issue or event opinion and not the
confronting him. opinion of others.
He should not He indicated that no
individual (mujtahid)
imitate another
should imitate anyone
mujtahid so long as else among his
he has the ability to contemporaries.
undertake ijtihad
by himself.
Ijtihad and the Outcomes of Human Actions
Interpreting the outcome
Interpreting the outcome of human
action or statements and
predicting the consequences of
events (negative or positive)
before passing positive or negative
rulings on them are among the
most constructive elements of the
Shari’ah and the most important
doors through which creativity
enters into practice and research.
Al-Imam al-Shatibi said in al-Nazar fi al-

Ma’alat, “Based on Shari’ah, actions are
expressions of intention, whether such actions
are acceptable or objectionable. The mujtahid
cannot pass a ruling on the action from an
adult, willingly or unwillingly, except after
study the implications of that action, whether it
is lawful act intended to achieve welfare or to
ward off evil. However, the outcome of the
action could be contrary to his intention. It
could be for something unlawful due to his evil
within or self-interest motive. If his action in
the first instance is deemed lawful, deriving
welfare could lead proportionally to evil acts
Add Contents Title
or even more. This would render such action
You can simply impress your audience and add a unique zing and invalid to be called lawful.
appeal to your Presentations.
Cont’d…
Conversely, if his action in the
second instance is termed
unlawful, warding off evil could
lead to deriving proportionate
welfare or more. Hence it would
not be appropriate to refer to such
acts as unlawful. This, to the
mujtahid is a fileld of complex
sources though it has a pleasant
taste and laudable outcome,
Add Contents Title
You can simply impress your audience and add a unique zing and trailing the objectives of the
appeal to your Presentations.
Shariah. There is various
For instance, ANALOGY (QIYAS) is an

ijtihad process which can be observed,
Intoxication of the liquor
among others, in the prohibition of
some items. It begins by examining
thoroughly the ruling for the new event
in order to apply the same previous
effective cause and effects of actions.
For example, alcohol was prohibited for
intoxication (effective cause). If the
same effective cause and effects are
found in other drugs, the same ruling
would be applied, not arbitrarily but
based on the same Shari’ah logic, which
establishes rulings on the basis of their
effective causes.
Therefore, al-Juwayni said the
following in respect to Qiyas:
“It is the source of ijtihad and
the foundation of opinion. It
subdivides Fiqh and the
methods of Shari’ah. It
produces independent detailed
rulings of events with selective
goals. The texts of the Quran
and Sunnah are limited and
restricted, and the subject of
ijma’ or unanimity is
enumerated and transmitted.
Whereas AL-ISTIHSAN or legal preference,

though disputable, is equated to ijtihad by
Malik Ibn al-
Qasim who is reported to have said: al-
Istihsan, i.e ijtihad is nine tenth of knowledge.
The Hanafi scholars said: “Istihsan is an
exception to some analogies (al-Aqisah) or
prepondering a strong Qiyas over the week
one of Qiyas in favour of what is lower to the
people. These are all established on the basis
of outcomes of actions”. Ibn Rushd described
Istihsan as, “A departure from al-Qiyas
exceeding the proper bound of ruling.”
While the public interest (AL-

MASLAHAH AL-MURSALAH / AL-
MASALIH AL-MURSALAH) is the
interest for which there is no text
legitimizing or prohibiting it. Rather
it is based on the outcomes of actions.
It realizes the welfare of the people
and that is its merit.
Accordingly, Ibn Aqil al-

Hambali defined Shari’ah policy
(al-Siyasah al-Shar’iyyah) as,
“any action that would bring
people closer to public interest
and keep them away from
misdeeds even if it (action) had
not been sanctioned by the
Qur’an or Sunnah”.
On the other hand, “blocking the
means” (SAD AL-DHARA’I’) is
the prevention of some means
that would lead to an unlawful
act, though the action is lawful
in principle. It takes care of the
public interest in view of the
objectives of the Shari’ah,
namely necessities
(dhoruriyyah), complements
(haajiyyat), and embellishment
(tahsiiniyyat).
1. Dhoruuriyyaat (Necessities) Essential Need
2. Haajiyyaat (Complementary Needs)
3. Tahsiiniyyaat (Embellishments)
Dhoruuriyyaat
HUMAN-NEEDS Haajiyyaat
Three
Tahsiiniyyaat
levels
Allofthese
Ijtihad and the Outcomes developments
Human Actions confirm
that Islam has incorporated the
principle of observing the
outcomes of human actions.
This has earned Islamic Fiqh
incomparable, remarkable
vitality and creativity through
the use of al-Masalih al-
Mursalah, Istihsan, Qiyas and
Ijtihad.
In short, Islamic creativity has

made full use of its
DIVERSITY
AMONG
MUSLIMS IS
Conclusion
A BLESSING
We know that diversity among Muslim people is a blessing. This means
that juristic differences provide Muslims with a few options, based on
their conditions and situations.
Practicing
QUESTION?
5
CREATIVITY
IJTIHAD
Why do we
need
Ijtihad?
List 5 reasons
CLASS ACTIVITY
Minutes
Practicing
QUESTION?
5
CREATIVITY
IJTIHAD
List down 5 the internal
and 5 external factors
which may hold you
from practicing Ijtihad
(Think creatively).
CLASS ACTIVITY
Minutes
Qur’an Gifts
END OF SLIDES
Jazakum Allah Khayran
Kathira
Qur’an Gifts
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SLIDE6 Al-Ijtihad and Its Role in Initiating Creativity

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ISLAM

Literally it means ‘the way to a watering

It is the path not only leading to Allah, the

Unlike the Roman Law, which developed from the

the very First primary source of Shari’ah is the

Second Primary Source of Shari’ah is the

Both are considered as Primary Sources of the

The SECONDARY SOURCES are al-Ijma’,

In this subject, we focus on al-Ijtihad, and how

“He who created death and life, that he

Say: "Truly, my prayer and my service of sacrifice, my life and

No partner hath He: this am I commanded, and I am the first of

Al-An’am: 162 - 163

Forms & styles

Qiyas Maslahah Norms Qualifications

Work Field Methodology & Tools

is a particular form of Ijtihad, the

Literally means creativity (ifti’al)

Al-juhd is hardship (al-

“The origin of juhd is hardship, to the

Hence al-Juhd refers to ability, Allah

Allah encourages ijtihad and

RasuluLlah (‫ )ﷺ‬asked Mu’adh: "How will you judge?"

Mu’adh said: "I will judge according to what is in Allah's Book."

RasuluLlah (‫ )ﷺ‬said: "If it is not in Allah's Book ?"

RasuluLlah (‫ )ﷺ‬said: "If it is not in the Sunnah of Messenger of Allah (‫"?)ﷺ‬

Mu’adh said: "I will give in my view."

• 'Amr bin 'Al-'As (May Allah be pleased with him) said:

[Al-Bukhari and Muslim]

ALLPPT.com _ Free PowerPoint Templates, Diagrams and Charts

This relationship portrayed by the Hadith of Muadh that

It shows that Islam as a movement throughout history was

It aims at reaching the most advanced and best solutions,

“Allah loves it when one of you does a piece of work, they

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A story in the Hadith of al-Bukhari, narrated by

Both of them then decided to go to Sulayman, the son of

This narration proves that the ruling of Dawud a.s was

That is one of the examples to confirm the legitimacy

It is Allah’s wisdom that He related public interest to

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The ijtihad of Prophet Muhammad (pbuh)

Ijtihad regarding the prisoners of war (POW) captured in

The Prophet (pbuh) made an ijtihad that he

He took ransom from the POWs but later he was

The prophet’s ijtihad regarding this matter has three di-

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There are many traditions transmitted from the compan-

This hadith is among the prominent foundations for ijtihad.

It is narrated by Sa’d al-Qarh and Said ibn

Allah’s messenger (pbuh) was asleep.

These tradition can be categorized as follows, based on

a) Traditions that originated from the caliphs, encourag-

b) Traditions showing that ijtihad originates from

This also shows that Islam is al-Din that inspires

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Past Muslim scholars, however, did not give a free hand

This treatment among others is to change the damaged

It is the contemporary issue facing by Muslims. It was not discussed by

Stem Cell Xenotransplantation

Surah al-Baqarah: 185 (among the ayah)

Allah intends every facility for you; He does not want

Nevertheless, using pig organs for xenotransplantation is not regarded as eating

(Article: Ministry of Health Malaysia)