IJTIHAD

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Q. Ijtihad has got a significant role in Islamic Law, discuss. What are the qualification of a Mujtahid?

Answer

1. INTRODUCTION:
    Ijtihad is one of the sources of Islamic Law. If a matter is not resolved expressly in a Quran, Sunnah and by way of Ijma, the jurist must not leave the matter unresolved rather he should strive hard to find out the solution under the light of Quran and Sunnah.

2. MEANING OF IJTIHAD:
  It is the effort made by Mujtahid in seeking knowledge of the ahkam of the shariah through interpretation.

3. DEFINITION OF IJTIHAD:
    Ijtihad means the application by a lawyer of all his faculties to the consideration of the authorities of the law, that is the Quran, Sunnah and Ijma with a view to find out what in all probability is the law.

4. ARGUMENTS IN SUPPORT OF IJTIHAD:

  1. Quranic Verses in Support of Ijtihad:
    a. And we have revealed on you the book which describes everything.
    b. We have omitted nothing from this book.
    c. Then ask those who have knowledge, if you yourselves do not know.
  2. Ahadith in Support of Ijtihad:
    a. Exercise Ijtihad because God makes the work easy for the person for which he is born in this world.
    b. When a ruler exercises Ijtihad properly in resolving an issue, he is to be rewarded by God in dual way and if he is wrong in his conclusion, he gets one reward.
5. MODES OF PERFORMING IJTIHAD:
  1. Literal Concentration: A jurist firstly concentration on literal meaning of the texts and follows the plain meaning rule.
  2. Qiyas: After the literal construction, the jurist may turn to Qiyas but he must confined to strict types of analogy.
  3. Collectively Reliance on Texts: After exhausting the first two methods, the jurist may rely on all the texts considered collectively.
6. QUALITIES OF MUJTAHID:
  1. Major: He must be a major, i.e, attained the age of majority . A minor cannot be a mujtahid.
  2. Sound and Rational Mind: He must be of sound mind possessing the understanding and of sufficient intellect to grasp the subject.
  3. Knowledge of Grammar: He must have an average knowledge of the Arabic language, grammar and recognized principles of jurisprudence and sources of law.
  4. Acquaintance With The Principles of Shariah: He must be well versed with the main principles of shariah so as to be able to ascertain the true intention of the law-giver.
  5. Knowledge of Naskh: The mujtahid must understand Naskh and identify the occasions on which rules have been repealed by law-giver.
  6. Conversant With Islamic Jurisprudence: A mujtahid must be conversant with the science of Islamic jurisprudence and the rules of law applied in various departments.
  7. Knowledge of the Quran: A mujtahid should have knowledge of Quran together with its meaning both literal and dictionary and he must be able to interpret its verses.
  8. Knowledge of the Traditions: A mujtahid should have knowledge of the traditions as well. He must be fully familiar with the traditions reported by the Holy Prophet (PBUH).
7. CLASSIFICATION OF MUJTAHID:
  1. Mujtahideen-Fil-Sharia: These Mujtahids are founders of a legal system of their own. These are jurists who have an absolute and independent power of expounding the law.
    a). Qualities: They are experts in the knowledge of the Quran.
  2. Mujtahideen-Fil-Mazhab: They are famous pupils of four Imams:
    a). Authority: They had the authority to disagree with their masters in the particular application of law. They strictly followed the principles made by their respective masters and they never disagreed with their masters in the principles.
  3. Mujtahidden-Fil-Masail: These are the jurists who are competent to expound the law on a particular question which had not been settled by the jurists of first and the second class. The jurists of this rank laid down the law in conformity to the principles of their schools.
    a). Authority: They were not competent to oppose the Mujtahids-Fil-Shari and Fil-Mazhab. They could make laws freely on new problems.
8. CONCLUSION:
    We may include that the important of Ijtihad lies in the dynamic and flexible spirit of Islam which is by the Quran and Sunnah. Islamic Law can be interpreted by a mujtahid who may be either an individual or a Legislative Assembly. This development will bring about an accommodation between  the prescriptions and injunctions of Islam, on the one hand and the imperatives of modern life on the other.

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