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CSS 2022Islamic StudiesQ. 4

Elaborate the concept and importance of Ijtihad and explain its principles.

By CSS Nexus Team ·

Original CSS 2016–2022 Islamic studies paper

This answer to the CSS 2022 Islamic Studies paper (Q. 4) was written by the CSS Nexus team. Read the outline first, then see how each point is developed.

Outline

  • 1. Introduction
  • 2. Concept of Ijtihad
  • 3. Importance of Ijtihad
  • 4. Principles of Ijtihad
  • ✓Hierarchy of sources
  • ✓Qualified jurist
  • ✓Limits: no Ijtihad against clear text
  • ✓Objectives of the Shariah
  • ✓Ease, public interest and custom
  • ✓Fallibility and tolerance of difference
  • ✓Collective Ijtihad
  • 5. Forms of Ijtihad
  • 6. Iqbal and modern developments
  • 7. Conclusion

Answer

Introduction

The Quran was revealed in the seventh century, yet Muslims believe it guides all ages. Ijtihad is what connects its permanent guidance to new circumstances. Without it, Muslims would either stay trapped in past rulings or abandon revelation altogether. Its value lies in a balance: it is free enough to meet change, and disciplined enough to remain faithful to the sources.

Concept of Ijtihad

The word comes from juhd, effort. Technically, it is the full exertion of a qualified jurist to reach a practical Shariah ruling from its detailed evidences. It is distinct from taqlid, following a recognised scholar's opinion, which most Muslims properly do in matters that they have not studied.

Basis in the Sunnah

The report of Mu'adh ibn Jabal (RA), whom the Prophet ﷺ approved for using his own judgement where the Quran and Sunnah gave no direct answer, is its classic source (Abu Dawud, Tirmidhi; its chain is criticised, though its meaning is widely accepted). The Prophet ﷺ promised reward even for a sincere error: "When a judge exercises his judgement and is right, he has two rewards; and when he errs, he has one" (Bukhari, Muslim).

Basis in the Quran

Verses inviting reflection and deriving conclusions support it.

… وَلَوْ رَدُّوهُ إِلَى ٱلرَّسُولِ وَإِلَىٰٓ أُو۟لِى ٱلْأَمْرِ مِنْهُمْ لَعَلِمَهُ ٱلَّذِينَ يَسْتَنۢبِطُونَهُۥ مِنْهُمْ …

"…But if they had referred it back to the Messenger or to those of authority among them, then those who can draw correct conclusions from it would have known it." (An-Nisa 4:83)

وَٱلَّذِينَ جَٰهَدُوا۟ فِينَا لَنَهْدِيَنَّهُمْ سُبُلَنَا …

"And those who strive for Us, We will surely guide them to Our ways." (Al-Ankabut 29:69)

Practice of the companions

When the Prophet ﷺ told his companions to pray Asr at Banu Qurayza, some prayed on the way, understanding the instruction differently from those who prayed after arrival. He criticised neither group (Bukhari). This shows both Ijtihad and the acceptance of difference.

Importance of Ijtihad

Importance of Ijtihad

  • Keeps law relevant
  • Solves new problems
  • Preserves the Shariah's purposes
  • Encourages reason and research
  • Counters stagnation and extremism
  • Supports governance and reform

1. Keeps the Shariah living

Quranic legislation sets out principles for many areas, rather than prescribing every detail. This leaves room for human reasoning.

2. Solves new problems

Digital finance, organ transplants, artificial intelligence and climate change have no direct precedent in classical texts.

3. Encourages reason

The Quran frequently criticises blind imitation of ancestors (Al-Baqarah 2:170). Ijtihad gives reason a proper place within faith.

4. Counters stagnation and extremism

Rigid taqlid contributed to the decline of Muslim thought, while extremists take texts out of their context. Sound Ijtihad addresses both.

5. Supports national legislation

Muslim states need it to make laws on banking, family, trade and governance.

Principles of Ijtihad

1. Hierarchy of sources

Ijtihad begins with the Quran, then the Sunnah, then Ijma'. Only after that does independent reasoning play its role.

… فَإِن تَنَٰزَعْتُمْ فِى شَىْءٍۢ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ …

"…And if you disagree over anything, refer it to Allah and the Messenger." (An-Nisa 4:59)

2. A qualified jurist

A mujtahid needs knowledge of the legal verses and hadith, including their authenticity and context; a command of Arabic; an understanding of usul al-fiqh; awareness of existing consensus; knowledge of the society; and personal integrity. Today, this knowledge is rarely found in one person, which is why specialists often work together.

… فَلَوْلَا نَفَرَ مِن كُلِّ فِرْقَةٍۢ مِّنْهُمْ طَآئِفَةٌۭ لِّيَتَفَقَّهُوا۟ فِى ٱلدِّينِ …

"…Why should not a party from every group go forth to obtain understanding in the religion…" (At-Tawbah 9:122)

3. No Ijtihad against a clear text

Definite commands, such as the five daily prayers, the prohibition of riba and fixed inheritance shares, are outside its scope. Ijtihad operates where the text is silent or open to interpretation, or when applying a text to new facts.

*4. Objectives of the Shariah (Maqasid).* Imam al-Shatibi taught that the law exists to protect religion, life, intellect, lineage and property. Any ruling must serve these goals.

… يُرِيدُ ٱللَّهُ بِكُمُ ٱلْيُسْرَ وَلَا يُرِيدُ بِكُمُ ٱلْعُسْرَ …

"…Allah intends for you ease and does not intend for you hardship…" (Al-Baqarah 2:185)

5. Ease and removal of hardship

The jurists' maxim says that hardship brings about ease. The Prophet ﷺ said: "Make things easy, do not make them difficult" (Bukhari, Muslim).

لَا يُكَلِّفُ ٱللَّهُ نَفْسًا إِلَّا وُسْعَهَا …

"Allah does not charge a soul except with that within its capacity." (Al-Baqarah 2:286)

6. Public interest and prevention of harm

Another maxim states that "harm must be removed", based on the hadith that there should be no harm nor reciprocating harm (Ibn Majah). Rulings should bring benefit and prevent damage.

7. Regard for custom and circumstances

Local custom may be followed when it does not violate the Shariah, and a ruling may vary with changes in time and place. Imam al-Shafi'i changed certain of his opinions after moving to Egypt.

8. Fallibility and tolerance of difference

Ijtihad is a human effort, which can be mistaken. So it does not bind everyone in the way that a clear text does. Imam Malik refused to let the caliph make his Muwatta binding upon the whole empire, recognising that scholars in other regions had their own knowledge. This is a model for tolerance among schools of thought today.

9. Honest intention

Ijtihad must seek the will of Allah, rather than the desire of rulers, of the wealthy or of public opinion.

… فَٱحْكُم بَيْنَ ٱلنَّاسِ بِٱلْحَقِّ وَلَا تَتَّبِعِ ٱلْهَوَىٰ فَيُضِلَّكَ عَن سَبِيلِ ٱللَّهِ …

"…So judge between the people in truth and do not follow your desire, as it will lead you astray from the way of Allah." (Sad 38:26)

10. Consultation and collective reasoning

Complex issues are best handled by groups of scholars and experts. Hazrat Umar (RA) brought companions together to discuss new issues.

Forms of Ijtihad

Qiyas (analogy)

A new case is treated like an old one with the same effective cause.

Istihsan (juristic preference)

A rule is set aside for a stronger reason in order to avoid hardship.

Maslahah Mursalah (unrestricted public interest)

A benefit that is not addressed directly in the texts is pursued, such as Hazrat Abu Bakr's (RA) collection of the Quran.

Sadd al-Dhara'i (blocking the means)

Something lawful may be restricted when it commonly leads to harm.

Modern forms

These include tarjih (selecting the best view among the schools), talfiq (a combination of opinions from different schools) and collective Ijtihad, as in the OIC's International Islamic Fiqh Academy.

Iqbal and modern developments

Allama Iqbal, in the sixth chapter of The Reconstruction of Religious Thought in Islam, called Ijtihad "the principle of movement in Islam". He regretted the view that its gate had closed and argued for transferring the power of Ijtihad to an elected assembly, advised by scholars. Pakistan's Council of Islamic Ideology (Article 228) and Federal Shariat Court (Article 203-C) continue this search. Examples include the Muslim Family Laws Ordinance 1961, and the Court's riba decision of 2022. Challenges include rigid attitudes, weak links between madrassahs and universities, and unqualified online opinions.

Conclusion

Ijtihad is a jurist's full effort to derive Shariah rulings on matters without a definite text. It keeps the law relevant, encourages reason and addresses new problems. Its principles include respect for the hierarchy of sources, qualified scholarship, no contradiction of clear texts, regard for the objectives of the law, ease, public interest, custom, humility and consultation. Muslim societies today need this discipline more than ever, and collective Ijtihad offers the most reliable way to face the complex problems of the modern age.

The writer can be reached at ma6749429@gmail.com

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