Ijtihad as Secondary Sources of Islamic Jurisprudence Pdf

Definition Meaning And Modes Of Ijtihad Qualification Of Mujtahid

Synopsis: 

• Introduction
• Meaning if Ijtihad
• Definition of Ijtihad
• Quranic Verses in Support of Ijtihad
• Traditions on Ijtihad
• Conditions for Valid Ijtihad
• Modes of Ijtihad
• Complete Process of Ijtihad
• Qualification of a Mujtahid
• Legal Effect of Ijtihad
• Ijtihad as Legislative Functions
• Conclusion

Introduction:

Like the Quran and Sunnah, Ijtihad is also a basic source of Islamic law. It is exercised when the jurist of the time is faced with a situation that to him is unparalleled and for which no clear text of the Quran and Sunnah exists or about which analogy if made is not appropriate. It is a tool that the jurist uses intending to come out of the thick and profound darkness of any stagnation period in Islam.

Meaning of Ijtihad:

Literal Meaning:

The Literal meaning of Ijtihad is when a Mujtahid pays maximum effort in the performance of an act.

Technical Meaning:

Technically it means that an effort is made by a Mujtahid to seek knowledge of the ahkam (rules) of Shariah through interpretation.

DEFINITION OF IJTIHAD:

As a Term of Jurisprudence:

Ijtihad as a term of jurisprudence means the application by a lawyer of all his faculties to the consideration of the authorities of the law (that is, the Quran, the Traditions, and the Ijma) to find out what in all probability is law."

Juristic Definition:

According to Al-Ansari:

"Ijtihad is the sincere effort to discern the fundamental principles of Sharia."

VERSES OF THE QURAN IN SUPPORT OF IJTIHAD: "

Do they not then think sincerely in the Holy Quran or are their hearts and souls sealed?" Muhammad (24).

"Of every crowd of them, an assembly only should go advancing, that they (who are left behind) may acquire guidelines in religion (Quran and Sunnah)" ((Al-Taubah: 122))

Traditions on Ijtihad:

When the judge announces his judgment there are two prizes for him and if he drives incorrectly there is only one prize.

Decide the problems according to the principles of the Quran and Sunnah and exercise Ijtihad with your reason.

CONDITIONS FOR VALID IJTIHAD:

Ibn-ul-Qayyim has established three situations for the validity of Ijtihad;

1. That it may be resorted to only in the absence of an applicable text of the shariah.
2. That in no way should it be contravened by the Shariah.
3. The course of reasoning should not get entangled in any kind of sophistry or complication of expression which might affect the people's direct attachment to Shariah.

Modes of Ijtihad:

A Mujtahid may perform Ijtihad by adopting the following modes;

First Mode:

In the first mode, the Mujtahid should stay as close to the original text as he can. He should focus on the literal meaning of the text, i.e., he should follow the plain meaning rule.

Second Mode:

The second mode of Ijtihad is confined to the extension of law from individual texts. This mode is then adopted when the set of facts awaiting a decision is not covered by the first mode.

Third Mode:

In the third mode, the Mujtahid must rely on all the texts considered collectively. The third mode means that legal reasoning is undertaken more in line with the essence of the jurisprudence and its determinations rather than the confines of individual texts.

Complete Process of Ijtihad:

All the above-stated three modes of Ijtihad are practiced as a single seamless activity. There are some other key methods involved that establish it. The following conditions and doings mutually describe the technique of Ijtihad.

• The Mujtahid qualifies necessary for Ijtihad
• The Mujtahid understands the different forms of elaboration of the texts, which are usually provided by the lawgiver Himself.
• Mujtahid also identifies the occasion on which such elaboration of text is invoked.
• In order to extract the law from the sources of information, the Mujtahid uses all three forms of Ijtihad as needed.
• The Mujtahid recognizes termination and the instances in which the maker of laws has revoked a norm.
• The Mujtahid exercises preference and reconciliation among apparently conflicting sources.

All these actions and activities when collective indicate the comprehensive course of Ijtihad. Understanding each of these steps requires attention to completely comprehend Ijtihad.

QUALIFICATION OF A MUJTAHID:

The author of Jamul Jawami enumerates the qualifications of Mujtahid as under:-

• He must be a major, i.e., has attained the age of majority.
• Possessed understanding and sufficient intellectual acuteness to be able to grasp the drift of speech.
• He must have average knowledge of the Arabic language, grammar, and rhetoric the principles of jurisprudence, and sources of law .e., Quran and Sunnah.
• A qualified Mujtahid must be proficient with the core philosophies of Sharia or the legal code to be capable of establishing the intent of the lawgiver.
• He must know the repealing and repealed text

Legal Effect of Ijtihad:

The legal effect of Ijtihad is the probability that the conclusion arrived at is correct, but the possibility of such a conclusion being erroneous is not excluded. That is why Mujtahid deductions are categorized as discretionary, mandatory, or presumptive law.

Ijtihad as Legislative Functions:

Ijtihad is a legislative function because it lays down the law for the first time, just as the modern legislative lays down the law in the form of statutes. The rights and responsibilities of the Muslims were determined by the decisions of the Mujtahid or his school. All moralities given, and taken away, depended on the diversity of the law issued by certain thinkers. All these functions now belong to the legislature of the Federal Shariat Court or the Shariat Appellate Bench of the Supreme Court of Pakistan. During the earlier days, it was the theory of Ijtihad that provided the basis for the legislative activity of Mujtahid. Today it still contains the solid Islamic foundation that is necessary for all types of legislation, the foundation that must control, guide, and determine the activity of the legislator in an Islamic state. However, it has been referred to as the background and is minimal in various institutions that act as recommended forms for the legislature. ((Islamic jurisprudence written by Imran Ahsan Khan Niazi))

Conclusion:

To conclude I can say that Ijtihad is the capacity for making deductions in matters of law in cases to which no express text of Quran and Sunnah or rule already determined by lima is applicable It is a tool that the jurist can use to come out of thick and profound darkness of stagnation period in Islam.

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Ijtihad as a Source of Islamic Law