Hamdard Islamicus 97 Vol. XLI, Nos. 3 & 4

QUALIFICATION OF
IJTIHÓD IN PRESENT ERA

DR. SAJILA KAUSAR
Assistant Professor & Sub-Editor Research Journal Uloom-e-Islamia,

Department of Islamic Studies,
The Islamia University of Bahawalpur,

Punjab, Pakistan.
email: sajilakousor@yahoo.com

Allah al-Mighty sent the human beings in this universe with a

complete code of guidance in the form of the Qur’Én and Sunnah of the

Prophet (œ). Both these sources guide different fields of life principally.

The commandments of the Qur’Én and Sunnah are unchangeable. No one

can ignore them, but the problems of life are endless. And solution of all

these problems cannot be presented in a single book. So, the Shar‘Êah has

introduced the principle of ijtihÉd to resolve all these issues. IjtihÉd is not

to create something new in religion rather it is to tell the point of view

of religion about the newly born problems. But it should also be kept in

mind that to perform ijtihÉd there are certain terms and conditions, which

if not fulfilled will spoil the concept of ijtihÉd. These terms and conditions

have been discussed and modified time to time. The former scholars of

Islam have a detailed discussion on this topic. The scholars of present era

also have focused on this topic and have presented its requirements in the

current era which are going to be discussed in the coming lines.

Keywords: Ijtihad, Mujtahid-i-mutlaq, Present era.

Introduction of IjtihÉd

IjtihÉd is an Arabic word. It is derived from the root word jahd

which literally means: strain or great effort.1 The verb jahÉda or ijtahÉda

literally means: to exert oneself or do one’s best, and is generally used

in an activity which entails a measure of hardship. Thus, it would be in

order to use it in respect of one who carries a heavy load, but not so if

he carries only a trivial weight.2 The word ijtihÉd is a noun, and literally



Hamdard Islamicus 98 Vol. XLI, Nos. 3 & 4

it means: exertion or putting in the greatest effort possible to achieve

something.3

Technically, ijtihÉd is defined as: “The total expenditure of effort

made by a jurist in order to infer, with a degree of probability the rules

of SharÊ‘ah from their detailed evidence in the sources”4

It is also defined as: “The application by a jurist of all his faculties

either in inferring the rules of Shar‘Êah from their sources or in

implementing such rules and applying them to particular issues”.5

The above definition of ijtihÉd in its technical sense is explicit on

the point that only a jurist (faqÊh) may practice ijtihÉd. Thus, the definition

“precludes self-exertion by a layman in the inference of a ruling”.6

From all what has been said, we can see clearly that the word

ijtihÉd literally means exertion, and that from this literal meaning of the

word, the scholars of uÎËl al-fiqh borrowed that word and used it for

the exertion by a jurist of the greatest intellectual effort possible to arrive

at the correct conclusion in the light of judgment of Allah and His Apostle,

MuÍammad (œ) in any given problem. When a problem emerges, it

requires much intellectual effort to gather all the relevant texts of the

Qur’Én and ×adÊth that may have direct or indirect bearing on the issue.

And then, making a correct interpretation of these texts equally requires

much effort. Equally demanding is the problem of considering other texts

with negative implications. Therefore, arriving at the true judgment of

Allah and His Prophet (œ) on any given problem is actually ijtihÉd.

Qualification of IjtihÉd

IjtihÉd is a very sacred and mandatory responsibility of the

intellectuals of the Muslim ummah. The qualification of these scholars

must be clear and elaborated. In the coming lines the qualification and

capability of a mujtahid is going to be discussed in the light of opinions

of the jurists of present era. It will also be highlighted that who can be

capable of this important duty today. But prior to it, it is necessary to

discuss the proof of qualification of ijtihÉd from the Qur’Én and Sunnah.

Proof of Qualification of IjtihÉd from the Qur’Én and Sunnah

There are a number of verses of the Qur’Én which prove the status

and qualification of a mujtahid and highlight its need in each era for the



Hamdard Islamicus 99 Vol. XLI, Nos. 3 & 4

guidance of people. And this process of guidance will remain continued

till the day of judgement. For example it is said by Allah al-Mighty: “Ask

the followers of the Remembrance if ye know not!”.7

This verse demands the continuation of ijtihÉd and presence of

mujtahid in each era. It is actually the demand of the Shar‘Êah.

The Qur’Én advises the knowledgeable people to strive to approach

reality through ijtihÉd: “And if any tidings, whether of safety or fear,

come unto them, they noise it abroad, whereas if they has referred it to

the Messenger (œ) and to such of them as are in authority, those among

them who are able to think out the matter would have known it”.8

In this verse warning is given that it is being the tactic of enemy to

spread rumours about peace and war and then achieve his target. So

masses should be careful enough not to participate in spreading these

rumours rather be responsible and convey them to authorities. So that the

people with an ability of derivation can judge the situation and react in

an accurate direction. It is also a mode of ijtihÉd and the person having

abilities of a mujtahid can perform it.

In another verse it is ordered; “O ye who believe! Obey Allah, and

obey the Messenger and those of you who are in authority; and if ye

have a dispute concerning any matter, refer it to Allah and the Messenger if

ye are (in truth) believers in Allah and the Last Day. That is better and

more seemly in the end”.9 In this verse, Muslims are ordered to refer the

disputed matter among them to Allah and his Apostle (œ) i.e. consult the

book of Allah and Sunnah of his Prophet (œ) as these are the original and

fundamental sources. A situation of conflict can emerge only when there is

no any explicit text of the Qur’Én or Sunnah in that matter. If it happens,

it is the responsibility of the intellectuals to present the solution in the light

of fundamental principles of the Qur’Én and Sunnah. Precedents are

also there in the Qur’Én and Sunnah and rules and regulations as well.

Think over them and solve the problems through ijtihÉd.

Another verse also stresses upon the use of mental faculties; “So

learn a lesson, O ye who have eyes!”.10

The background of this verse hints towards the disagreement of a

group of Jews (BanË NaÌÊr) with the Prophet (œ) and were expelled

from Madinah due to their disagreement. It is also the mode of derivation

to take results from precedents. So the historical events and stories of

ups and downs of nations should not be taken only as stories, but rather



Hamdard Islamicus 100 Vol. XLI, Nos. 3 & 4

as guidance from them, and prevent one to repeat those evils. Rather

adopt those values which strengthened the nations. It is the duty of

mujtahids and intellectuals to highlight the actual reasons and factors,

evaluate them, and utilize the derivation and demonstration to accept the

interpretations.

The following saying of the Prophet (œ) explains the status of a

faqÊh; “If God favours one of His creatures, He bestows on him the

understanding of DÊn (makes him a faqÊh)”.11 Some people among these

with understanding of DÊn achieve the prominent status due to their

extensive knowledge, wisdom and intellect. They have a good ability of

derivation and demonstration. In the terminology of Shar‘Êah they are

called mujtahidÊn. On the basis of their knowledge and abilities of

derivation, they can resolve the problems of any era, in light of teachings

of the Qur’Én and Sunnah. Although struggle for knowledge is obligatory

for each individual, but it is compulsory for those who have to lead the

ummah and beware them from the ignorance. The Qur’Én declares in

the SËrah al-‘AnkabËt; “As for those who strive in Us, We surely guide

them to Our paths, and lo! Allah is with the good.12

It is interesting that in this verse the word our paths is used in plural

form, which can also mean that there are different paths to approach a

truth, and they are open to all those who struggle and makes efforts.

In another ÍadÊth the Prophet (œ) said; “Do struggle and ijtihÉd,

and everyone is bound to fulfill the purpose of his creation”.13

Two other narrations can also be quoted in this regard; one of them

makes it compulsory to demand knowledge for every Muslim men and

women. The Prophet (œ) said; “To seek knowledge is obligatory for

each Muslim man and woman” and in an other ÍadÊth, scholars (‘ulamÉ’)

are considered the heirs of the prophets ( )”.14

The link of ijtihÉd with later two narrations requires that ijtihÉd is

the central tool of knowledge and creativity in Islam.

All the above quoted verses of the Qur’an and AÍadÊth of the

Prophet (œ) points towards the existence of knowledgeable people in

each era for the guidance of ummah. They are duty bound to derive the

rulings from Qur’Én and Sunnah as per requirements of the era. But

who are those intellectuals? What is the criterion of their qualification?

In the coming lines, we have discussed the criteria from the point of view

of the scholars of present era.



Hamdard Islamicus 101 Vol. XLI, Nos. 3 & 4

Capability of IjtihÉd ... Opinion of the FuqahÉ’ (Jurists) of the

Present Era

Opinion of Wahbah al-Zuhaili

Among the jurists (fuqahÉ’) of the present era, Wahbah al-Zuhaili15

is a prominent figure. He has a detailed discussion on the conditions of

mujtahid in his book UÎËl al-Fiqh al-IslÉmÊ. He has described eight

conditions for a mujtahid.

The first condition is that a mujtahid should have an understanding

of verses of the aÍkÉm described in the Qur’Én, their literal and

terminological meaning. It is not compulsory for him to memorize all the

verses of the aÍkÉm, nor to memorize the whole Qur’Én, rather it is

enough to have an understanding that which are the verses of the aÍkÉm

and from which sËrah they are linked, so that he can consult them

whenever needed.

Wahbah al-Zuhaili seems to agree with the opinion of ImÉm

al-ShaukÉnÊ that the knowledge of a mujtahid should not be limited to

the verses of AÍkÉm only “which are five hundred in number according

to ImÉm al-GhazÉlÊ, ImÉm al-RÉzÊ and Ibn al-ArabÊ. The important thing

for a mujtahid is to have a proper understanding of the Qur’Én and an

ability of derivation of commands (along with a keen observation of

verses) so that he can derive even from the verses containing QaÎaÎ and

AmthÉl.

The second condition is to have a deep understanding of narrations

of aÍkÉm. Not only the understanding of their literal meaning, rather he

should have a proper concept of commands of the Sharʑah described

in the text of a ÍadÊth. It is also not compulsory, that a mujtahid should

memorize all the narrations of aÍkÉm; rather it is enough to have the

ability to consult them whenever required. According to Ibn al-‘ArabÊ,

the number of aÍÉdÊth of aÍkÉm is three hundred and according to

ImÉm AÍmad Ibn ×anbal, the number of narrations containing fundamental

principles of guidance and providing basis of the science of Sunnah are

almost twelve hundred. According to Wahbah al-Zuhaili, this limitation is

not appreciable; there is a large number of narrations of aÍkÉm which

are dispersed in collections of aÍÉdÊth (narrations). According to ImÉm

al-ShaukÉnÊ, mujtahid should be familiar with the famous collections of



Hamdard Islamicus 102 Vol. XLI, Nos. 3 & 4

aÍÉdÊth (narrations). He should be aware of the books being arranged

and compiled by the experts on the science of ÍadÊth, for example

SihÉÍ-e-SiÏÏah (six most accurate books of ÍadÊth) and their concerned

books as, Sunan al-Baihaqi, DÉr QuÏnÊ, Sunan al-Darimi etc. In the

same way, the books of compilers who have maintained the authenticity

of narrations (ØiÍat-e-RiwÉyat) for example, ØaÍÊÍ Ibn al-Khuzaimah,

ØaÍÊÍ Ibn ×abbÉn, ØaÍÊÍ ×akÊm NeshÉpuri etc. It is necessary to be

familiar with these usual collections of aÍÉdÊth; otherwise it might be

possible that a mujtahid will be performing qiyÉs in the presence of

ÍadÊth. About ÍadÊth, it is also compulsory to be aware of its sanad

(chain of narrators) along with its matan (text), so that the status of

ÍadÊth should also be known to the mujtahid.

The knowledge of NÉsikh and MansËkh (abrogation) of the Qur’Én

and ÍadÊth is mentioned as a third condition. Any verse of the Qur’Én and

ÍadÊth (of proper status) which the mujtahid is being quoting as his

argument, should be clear, whether its authority is continued or it has

been abolished by any other verse or narration.

The fourth condition is to have an awareness of the matters, on

which ijmɑ (consensus of opinion) has been held. He also should be

aware of the places of ijmɑ, so that he should not present his  opinion

against it. It is not necessary that a mujtahid should consider all the

issues on which ijmɑ has been held, rather about specific issue on

which he is going to present his opinion or fatwÉ (legal opinion). At least

he should be aware that his opinion or fatwÉ is not against the ijmÉ‘.

The fifth condition is that a mujtahid should be aware of the modes,

methodologies and conditions of qiyÉs, has an understanding of reasons

of Divine orders and the modes of derivation from the text. He also

should have understanding of needs and convenience of people. The

principles and rules of Sharʑah should be known to him.

The sixth condition is that a mujtahid should have a full command

over Arabic language and its concerned sciences. It is necessary, as the

language of both Qur’Én and Sunnah is Arabic, which is very wide

ranged in scope. For derivation of commands from the Qur’Én and

Sunnah, it is necessary for mujtahid to have a grip over all the details,

technical aspects and lingual complications of Arabic language. It is not

necessary to have a complete mastery of each science; rather it is

enough to have an understanding of these sciences and the ability to



Hamdard Islamicus 103 Vol. XLI, Nos. 3 & 4

consult their concerned books. In this regard the book of ImÉm al-RÉghib

al-AsfahÉnÊ MufradÉt al-Qur’Én and the book of Ibn al-AthÊr Al-NihÉyah

fi GharÊb al-×adÊth wa al-ÓthÉr are important.

The seventh condition is the understanding of jurisprudence, as ijtihÉd

is based upon this science. In jurisprudence, discussion is performed on

detailed arguments and arguments are supported by the order regarding

a specific situation, so it is compulsory to understand that specific situation.

For example; to know that whether the situation is of amar (order) or

nahÊ (negation) is there ‘umoom (generality) in it or khuÎËÎ (specification)

etc. At the time of derivation, the understanding and the “order” (Íukm)

of each situation is necessary. To know these all, it is compulsory to have

a complete command over the science of jurisprudence.

The eighth condition is to have an understanding of MaqÉÎid

al-Sharʑah (objectives of Sharʑah). Whenever, a mujtahid is going to

perform ijtihÉd; he must consider the MaqÉÎid al-SharÊ‘ah for the

derivation of Divine orders. As the understanding of text and its

implementation on issues and incidents depends upon MaqÉÎid

al-Sharʑah. The understanding of secrets of Sharʑah, its philosophy

and general aims is much necessary for law making and derivation of

commandments. Because, sometimes the words of the text are containing

more than one meaning. Out of these extensive options, the preferable

is one which is more in accordance with the objectives of Sharʑah. In

case of controversy of arguments, the argument nearest to Sharʑah is

preferred.16

Wahbah al-Zuhaili has described the qualification of mujtahid in

detail. Along with the thorough knowledge of Qur’Én, ÍadÊth and Arabic

language, he has special focus on the understanding of objectives of

SharÊ‘ah, principles of jurisprudence and methods of qiyÉs, as per the

requirements of present era. Moreover, the knowledge of abrogation of

Qur’Énic SËrahs and Sunnah and a complete grip of ijmÉ‘ and qiyÉs

is given priority over Arabic language.

Among the scholars of present era, the opinion of Wahbah al-Zuhaili

and ShÉh WalÊ Allah about the qualification of a mujtahid has much

resemblance except one major contradiction that Wahbah al-Zuhaili

considers it compulsory for a mujtahid to know the jurisprudence, whereas,

ShÉh WalÊ Allah did regard it as necessary. I think the opinion of Wahbah

al-Zuhaili has more weightage as it is the knowledge of jurisprudence



Hamdard Islamicus 104 Vol. XLI, Nos. 3 & 4

which bewares different modes of ijtihÉd and their details which develop

the true subject competency in a mujtahid.

Opinion of YËsuf Al-QardÉvi17 and Abd al-MÉjid Al-Susuah

Some present jurists (fuqahÉ’) have especially considered the

awareness of circumstances of society, taste and culture of people. for

example, discussing the ability and capacity of mujtahid, YËsuf al-QardÉvi

has set this topic Ma‘rifat al-NÉs wa al-×ayÉt i.e. mujtahid should

have an understanding of the trends of people of his era, their nature and

the way of life, their customs and usages and the collective circumstances,

as well as the problems of life. YËsuf al-QardÉvi has placed this condition

at seventh number in the conditions of necessary for a mujtahid.18

Another jurist (faqÊh) of present era, ‘Abd al-MÉjid MuÍammad

al-Susuah also has considered compulsory the above mentioned

condition. He has set this topic: Ma‘rifat AÍwÉl al-‘AsrÊ i.e. circumstances

of present era, the trends of people, their habits, customs and

usages.19

The concept of both the above mentioned jurists about the

consideration of circumstances and era is taken from Ibn al-Qayyim. He

has described this condition for muftÊs and rulers in I‘lÉm al-Muwaqqi‘Ên,

because any legal order or fatwÉ (legal opinion) is being deeply concerned

with the on going period, natures and habits of people, culture and

civilization. Therefore, if any change occurs in the period, habits and

circumstances, the legal order or fatwÉ will also be changed.20

If a mujtahid is unfamiliar with the circumstances and thoughts of

his period, it will be difficult for him to form an accurate opinion about

the under discussion matter. As a mujtahid-fih (addressable issue of

ijtihÉd) is an important element of ijtihÉd and is strongly linked with the

period, society and circumstances. Therefore, a mujtahid should know

the thorough background of the under observation matter. He should also

know the background factors and reasons which have created the problem.

Actually a mujtahid is like a consultant physician. As an expert physician

suggests the treatment after diagnosing the disease, in the same way a

mujtahid presents the solution after a complete observation of the actual

problem of the disputing individuals and society. And as an honest physician

does not allow his deeds to hinder during treatment, rather treats taking



Hamdard Islamicus 105 Vol. XLI, Nos. 3 & 4

guidance from the principles of medical science, in the same way, the

mujtahid presents the point of view of Sharʑah, very honestly. He

presents the solution of problems with arguments taken from fundamental

principles of Sharʑah. As that physician cannot be successful which is

expert only of medical science, but has not any knowledge of the

personality of patient, his temperament, psychology and family history. In

the same way, the opinion of the mujtahid will not be applicable, which

only has a command of the science of revelation but is unaware of the

social circumstances of his period, culture and civilization, customs and

traditions.

Opinion of ShÉh WalÊ Allah

According to ShÉh WalÊ Allah,21 it is conditional for a mujtahid that

the matters in which he is intending to perform ijtihÉd should be fully

aware of the rulings of the Qur’Én and Sunnah (about those issues). He

should also know the issues in which ijmɑ has been held. Well aware

of the conditions of accurate qiyÉs, he also should not be ignorant of the

principles and cases, by collaborating and arranging them then only ijtihÉd

can be performed. He should also have a full command over Arabic

language. Also have knowledge of NÉsikh and MansËkh (Abrogation)

of the Qur’Én. Beware of biographies of narrators as well. However,

‘Ilm-ul-KalÉm (philosophy) and jurisprudence (principles of law) are not

required for an ijtihÉd.22

As it has been explained earlier that ShÉh WalÊ Allah and Wahbah

al-Zuhaili have described almost the same profile for a mujtahid. Along

with the deep understanding of Qur’Én, Sunnah and Arabic language,

the knowledge of ijmÉ‘, qiyÉs and abrogation is also emphasized by both

scholars. However, according to ShÉh WalÊ Allah, the science of

jurisprudence is not required for a mujtahid, whereas, Wahbah al-Zuhaili

has set it as a necessary condition.

Although ShÉh WalÊ Allah does not consider it necessary for a

mujtahid to know the jurisprudence, but his insistence on a thorough

analysis of qualification of a mujtahid shows that besides ijmɑ and

qiyÉs, he also considers it necessary to know those principles and incidents,

collaborating which, the process of ijtihÉd is accomplished. Indirectly,

these are the things which are discussed in jurisprudence.



Hamdard Islamicus 106 Vol. XLI, Nos. 3 & 4

Along with jurisprudence, ShÉh WalÊ Allah has mentioned another

science not required for a mujtahid, which is ‘Ilm al-KalÉm, as the

basic topics of ijtihÉd are the issues of practical life, so ShÉh WalÊ

Allah wishes to keep the mujtahid in touch with the practical life and

away from the philosophical complications.

Opinion of ‘AllÉmah SubÍÊ MahmaÎÉnÊ

According to ‘AllÉmah SubÍÊ MahmaÎÉnÊ,23 everyone is not capable

to perform ijtihÉd; rather it is compulsory to have a specific ability

which enables a mujtahid to perform the duty of derivation of

commandments properly. Therefore it is the condition for a mujtahid

that he should develop and had an accurate opinion. He also should be

an intellectual, justice loving, with a pious conduct, having a perfect

wisdom to understand commandments i.e. a complete awareness

of the modes of derivation and legal arguments, along with, a thorough

grip over language (Arabic Language). He should possess a complete

know how of the commentaries of the Qur’Én, factors of revelation

(AsbÉb al-NuzËl), biographies of narrators, methods of JaraÍ wa

al-Ta‘dÊl (criticism) and the reality of NÉsikh wa al-MansËkh

(abrogation). He further said that ShaÏibi has added one more condition

that a mujtahid should have complete ability to understand the objectives

of Sharʑah.

He also explained that all the above mentioned conditions are

compulsory for a mujtahid-i muÏlaq (unrestricted mujtahid), whose

goal is to perform ijtihÉd in all the matters of fiqh. These are not

compulsory for mujtahidin of other types. So it is enough for a

mujtahid who has to perform ijtihÉd in any specific matter, that he

should be properly aware of the arguments and results of that focused

matter.24

The opinion of ‘AllÉmah SubÍÊ MahmaÎÉnÊ about qualification of a

mujtahid is very important as per the requirements of present era, as

generally the conditions and qualifications described for ijtihÉd seems

impossible to be gathered in an individual in this era of specialization.

Every field of life has developed its numerous sub branches, and it has

become impossible for a person to grasp all these sciences. So, the

concept of Tajazi-e ijtihÉd (division of ijtihÉd) can be the only practical



Hamdard Islamicus 107 Vol. XLI, Nos. 3 & 4

form of ijtihÉd today, which ‘Allamah SubÍÊ has given in the later part

of his opinion.

This concept of ijtihÉd was initiated by ImÉm GhazÉlÊ (505 A.H.)

and later on was favored by various scholars like Ibn QudÉmah, ImÉm

ShaÏibi, Ibn al-HumÉm etc. through this method, the opinion of any scholar

about his field of specialization will be regarded as his ijtihÉd in that

specific matter. This is the only practical and acceptable method of

ijtihÉd in the present era.

Opinion of ‘Allama MuÍammad IqbÉl

‘Allama IqbÉl in his sixth lecture “The Principle of Movement in the

Structure of Islam” amongst his seven very important lectures entitled

The Re-construction of Religious thought in Islam published in 1930,

highlights various aspects of ijtihÉd. He has not discussed the conditions

of ijtihÉd but has hinted towards this issue in these words “Although this

category of ijtihÉd (i.e. IjtihÉd-e MuÏlaq)” is accepted theoretically by

Ahl-e-Sunnah, but practically it has been rejected forever after the

establishment of MadhÉhib al-Fiqh (Schools of thought) by raising the

barriers of conditions around the concept of IjtihÉd-e MuÏlaq

(unconditional ijtihÉd), which are almost impossible to attain by an

individual.25

Iqbal has not analyzed the conditions of ijtihÉd, otherwise he may

not have considered them impossible, however as according to him, it is

not possible to have all the conditions in an individual, it is necessary that

ijtihÉd should be collective instead of individualistic and one of its form

can be a law of the legislative assembly. So it was his suggestion that;

“Ulama (Scholars) must be a part of the Muslim legislative

assemblies, so that they can help and guide the open discussion

regarding the questions of law”.26

But considering the political and social circumstances of that era

and practical complications of this method, ‘Allamah favored that method,

which he considered much dangerous for Islam and recommends it to be

adopted temporarily. He said;

“I recommend constituting a committee of ‘UlamÉ and Muslim jurists



Hamdard Islamicus 108 Vol. XLI, Nos. 3 & 4

(law makers) should also be a part of it, which has studied the

modern principles of law. Its purpose is the safety and extension of

the Islamic law and if needed, its reconstruction in the light of

modern circumstances. That spirit will be attained, which is present

in the fundamental principles of Islamic law. It is compulsory that

this committee has a constitutional safety, so that no bill can be

presented in the assembly regarding Muslim personal laws until it

has not gone through this committee.27

‘Allama has also raised questions about the expected activity of

ijtihÉd of this assembly. The first question is that surely in the assembly,

there will be members who don’t have proper knowledge of Islamic

law, and then what will be its solution? He recommends this solution

that the members of the assembly should be properly trained and

necessary amendments should be done in the present system of law

education.*28

The second question is that surely there will be non-muslim members

in this assembly. Whether the membership of assembly will be restricted

to only Muslim members or those non-muslims can also be included in

the activity of ijtihÉd? ‘Allamah has not any proper answer of this

question. He said; however, in India there is a chance of problems, as

it is suspected whether the non-Muslim members can be given the authority

of ijtihÉd or not?29

Obviously all the fuqahÉ have considered “Islam” as a basic

condition for ijtihÉd, however Allama ShaÏibi raised a point over here.

As considering the situation of the issues, he has considered unnecessary

the conditions of Arabic language in some matters, in the same way;

he has accepted the participation of non-Muslims in ijtihÉd in some

matters. He said: Usuliyeen has approved the ijtihÉd of such KÉfir

(non-believer) who denies the presence of the creator of the universe,

prophethood and SharÊ‘ah. As ijtihÉd is based upon such principles that

are necessary to be accepted, ignoring it whether actually they are as

such or not.30

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

*Another problem about the legislative assemblies is the position of non-Muslims

in a country as well as members of the legislative assembly. The other significant

problem is the minority of Muslims in a country like India where the the Supreme

Court has banned triple ÙalÉq by the Indian Muslims – Ed.



Hamdard Islamicus 109 Vol. XLI, Nos. 3 & 4

Although the point of view of Iqbal has been a topic of discussion

and criticism in the religious circles, but actually he has hinted towards

such aspects of ijtihÉd, which have great weightage in the perspective

of current era.

Discussing the conditions of ijtihÉd, a very important point he has

touched is that, today the mujtahid-i muÏlaq can be seen only theoretically,

practically no one is fulfilling this criteria. This is a great reality.

The second point, which is to some extent relevant to this first

one is that, in present era ijtihÉd-e muÏlaq seems entirely impossible, so

the practical form of ijtihÉd can only be adopted in collective mode.

But how and by whom can that be performed? Iqbal has various doubts

in this regard. Giving the responsibility of collective ijtihÉd to the legislative

assembly, he has expressed some reservation. One of them is the status

of non-Muslim members of the assembly. Whereas, it is a reality that the

form of collective ijtihÉd adopted in present era, must be having a space

for the opinions of the non-Muslims also. As when we are talking about

the opinion of the experts of different fields, then might possible a non-

Muslim medical doctor will be the best expert of a medical issue and

without his opinion, it will be impossible to understand the issue, or any

economist, politician or expert of modern technology will be a non-Muslim,

and his opinion will be essential to properly understand the matter.

Therefore, in the present era, the collective mode of ijtihÉd which will

be adopted by acting upon the theory of TajÉzi-e IjtihÉd can be the best

solution to face the issues of practical life. In this regard, the opinion of

ImÉm ShaÏibi is supporting his theory of MaqÉsid al-SharÊ‘ah (objectives

of Sharʑah) in true sense.

Opinion of MaulÉnÉ AbË al-A‘lË MaudËdÊ

According to MaulÉnÉ MaudËdÊ,31 the aim of ijtihÉd is not to alter

the Divine law with human law, rather to properly understand it and with

its guidance which enables the legal system of Islam to be dynamic with

the flow of era; therefore no any healthy ijtihÉd can be done unless our

jurists have the following features:

i) Believe in the Divine Sharʑah, firm faith of it being revealed,

sincere intention of its pursuance, do not have any wish to get away



Hamdard Islamicus 110 Vol. XLI, Nos. 3 & 4

from it and to take the objectives, principles and values only from

the Divine Sharʑah instead of any other source.

ii) A good understanding of Arabic language its rules, regulations and

literature, as the Qur’Én is revealed in this language and the sources

to find the Sunnah are also in this language.

iii) Knowledge of the Qur’Én and Sunnah, through which a person not

only should be aware of partial commandments and their places,

rather properly understand the entire Sharʑah and its objectives.

On one side he should know that what is the accumulative scheme

of Sharʑah to reform the human life and on the other side he

should know that what is the status of each faculty of life in this

scheme, what are the angles upon which the Sharʑah wants to

format it and what benefits are hidden in this formation. In other

words, that knowledge of the Qur’Én and Sunnah is required for

ijtihÉd which touches the true spirit of SharÊ‘ah.

iv) Awareness of the contribution of former mujtahideen of the ummah,

which is not only required for the training of ijtihÉd, rather for the

continuity of legal progress as well. In any situation, neither it is the

purpose of ijtihÉd, nor it should be that each coming generation will

destroy or set aside the interlinked building of former generations

and start a new one.

v) A know how of the circumstances and issues of practical life, as

it is actually the requirement to implement the commandments of

Sharʑah and its rules and regulations upon them.

vi) Strong moral character is required for the jurist.

The purpose to explain these characteristics is not that anyone who

is going to perform ijtihÉd has to present a prior certificate that he has

these features, rather it is to tell that the growth of Islamic law on

accurate direction through ijtihÉd is possible only when the system of

legal teaching and training is prepared by the intellectuals with these

characteristics. The legislation done by ignoring these values will not be

able to absorb in the system of Islamic law, nor can the Muslim society

digest it as a pleasant meal.32

MaulÉnÉ MaudËdi as himself was the founder of a reforming group

“Jama‘at-i Islami” and was with the passion to educate the members of

the society, for ijtihÉd too, he wished to have the legal system on such



Hamdard Islamicus 111 Vol. XLI, Nos. 3 & 4

track which can produce such individuals enabled to perform it. He also

considered these conditions as the criteria for the acceptance of any

ijtihÉd.

Opinion of AbË al-×asan ‘AlÊ NadvÊ

According to MaulÉnÉ AbË al-×asan ‘AlÊ NadvÊ,33 it is necessary

for the revivalism and renaissance of DÊn, that Muslim ummah especially

its scholars and intellectuals utilize their capabilities of ijtihÉd. What is

meant by ijtihÉd or capability of ijtihÉd, he explained: By ijtihÉd we

mean the people leading and governing Muslims should be capable to

have a right decision individually and collectively in the newly faced

issues of life. They should be familiar with the spirit of Islam and Islamic

legislation and have enough ability of derivation to search out the solution

of problems of ummah and can guide it in case of doubt.

Furthermore the ruling and leading class should have enough wisdom,

knowledge and capacity, be ready for hard work to utilize the natural

forces activated in the universe and hidden assets of wealth and power

in the earth and can use them for the purpose of Islam in a very

beneficial way.34

As Abu al-×asan ‘AlÊ NadvÊ feels the decline of Muslim ummah

very seriously, the center of his intention was also the scholars and the

ruling class, which, if will be reformed, the reformation of the entire

ummah can be possible. He, therefore, considers it necessary for the

scholars to be well acquainted with the spirit of Islam individually and

collectively, and solve the newly faced problems of life in the light of true

teachings of Islam. For the ruling class, he makes it compulsory to spend

their knowledge, wisdom and abilities to search out the explicit and

hidden assets created by Allah Almighty and to spend them for the

welfare of Muslim ummah.

The Conditions of Mujtahid in Present Era

The above mentioned conditions were generally discussed by former

jurists in the field of ijtihÉd. In jurisprudence, discussing the conditions

of a mujtahid, many scholars have suggested some amendments according

to the requirements of their periods. Their examples have been presented

while discussing the opinions of the jurists of present  era.



Hamdard Islamicus 112 Vol. XLI, Nos. 3 & 4

This question can be raised today that what conditions can be

considered compulsory for a mujtahid in the current era? Whether the

above mentioned all conditions will be compulsory or amendments and

alterations can be suggested as per our current circumstances?

Following are some conditions, compulsory for the process of ijtihÉd

in present era.

The Science of Qur’Én and Sunnah

So far as the sciences of Qur’Én and Sunnah are concerned, their

knowledge and understanding is very compulsory.  The condition is proved

even by the Qur’Én and Sunnah itself.

O ye who believe! Obey Allah, and obey the Messenger and those

of you who are in authority; and if ye have a dispute concerning

any matter, refer it to Allah and the Messenger if ye are (in truth)

believers in Allah and the Last Day. That is better and more seemly

in the end.35

In this verse the word fÊ sha’in (in any matter) is used as a common

noun. It means that the matter can be of any type (or structure) whether,

it is concerned to religious matters or worldly matters, the first consultation

will be of the book of Allah and the Sunnah of the Prophet (œ). This

topic is proved by a number of narrations as well, so it is mandatory for

a mujtahid to have the knowledge of Qur’Én and Sunnah as first priority.

Grip Over Arabic Language

As Arabic is the language of the Qur’Én and Sunnah, it is therefore,

a logical requirement to have a grip over it. It is compulsory for a

mujtahid to have full command over Arabic language with all its

grammatical details, so that the meanings of Qur’Én and Sunnah can be

clear to him with all its background.

However, it is not compulsory for a mujtahid to memorize all the

narrations, it is enough for him to have a deep understanding of the

Qur’Én and Sunnah and the ability to observe, locate and study them

minutely after searching the concerned verses and narrations.



Hamdard Islamicus 113 Vol. XLI, Nos. 3 & 4

It is also compulsory for him to have the ability to determine

the status of narrations by evaluating them on the principles of al-JarraÍ

wa al-Ta‘dÊl (science of criticism). Then, in the light of concerned

texts, can sort-out the solution of under discussion issue, and present it

to the Ummah (people) and scholars. The modern sources of knowledge,

CDs and internet etc. have made it very easy to approach ancient

books and latest researches. These sources should also be utilized in

this era.

The Taste of IjtihÉd

Allah al-Mighty has created humans with different natures and tastes.

Each competent scholar may not be a successful mujtahid. It is therefore,

compulsory to have a God gifted ability and natural tendency to perform

ijtihÉd, along with intellectual requirements.

Awareness of Current Affairs

It is compulsory for a mujtahid of present era, to have a keen

observation of circumstances and problems of his period. Not only to

have an awareness of the social, political and economical circumstances,

rather (to have an understanding of) the international affairs, theoretical

and political trends of different nations of the world as well. He should

have the ability to implement the principals of Sharʑah on the real

problems of his period. In the present era, there are many economic,

political, administrative and medical issues, which require to be highlighted

legally and present the point of view of Sharʑah about them in the light

of the sources of Sharʑah. It is also among the responsibilities of a

mujtahid.

Conduct and Character

A very important condition for mujtahids, which cannot be ignored

in present era, is a strong moral character. In case of both, the ijtihÉd

and fatwÉ, majority of ummah has always been relying upon the opinion

of those intellectuals, which were prominent with their good moral

character and pious practical life. The condition of ‘AÌl of former jurists



Hamdard Islamicus 114 Vol. XLI, Nos. 3 & 4

was also to ensure that mujtahid should be a person with good conduct

and strong moral character,36

Conclusion

The above discussion of opinions of scholars of present era about

the profile of a mujtahid proves that they have considered ijtihÉd a very

sensitive and responsible activity in the Islamic Sharʑah. The basic

requirements of this prestigious activity seems almost same by all scholars

but their way of demonstration has a very beautiful variation which

represents their background of reasoning and requirements of the eras.

It can be concluded that the basic requirements to perform ijtihÉd are

understood as the knowledge of Qur’Én and Sunnah of the Prophet (œ)

but all the other requirements are to achieve the perfection of the

knowledge of above mentioned two fundamental sources and to gain the

confidence of the ummah upon the performed ijtihÉd.

Notes and References

01. Ibn Manzur, AbË al-Fazal Jamal al-DÊn MuÍammad b. Makram, LisÉn al-Arab,

Beirut, Dar al-Fikr li al-Taba‘at wa al-Nashar wa al-Tauzi‘, 1st Edn., 1410 A.H./

1990 A.D., vol. I, p. 520.

02. Al-GhazÉlÊ, AbË ×amÊd MuÍammad b. MuÍammad, Al-MusÏasfa min Ilm UÎËl

al-Fiqh, Cairo, Maktabah al-Tijariah al-Kubra, 1356 A.H., vol. II, p. 101;

Al-Zarkashi, Badar al-DÊn MuÍammad b. Bahadur b. Abd Allah, al-Bahar

al-Muheet, Dar al-Kutubi, 1st Edn., 1414 A.H./1994 A.D., vol. VI, p. 167.

03. Ibn ManÐur, LisÉn al-Arab, Part 1, p. 521.

04. Al-GhazÉlÊ, Al-MustaÎfa min ‘Ilm UÎËl al-Fiqh, vol. II, p. 101; Al-ShaukÉnÊ,

MuÍammad b. ‘AlÊ, lrshÉd al-Fuhul ila TaÍqÊq al-×aqq min ‘Ilm al-UÎËl, Beirut,

Dar al-Fikr, n. d., p. 250.

05. AbË Zahrah, MuÍammad, UÎËl al-Fiqh, Beirut, Dar al-Fikr al-Arabi, 1377 A.H.,

p. 379.

06. Al-ShaukÉnÊ, IrshÉd al-Fuhul, p. 250.

07. Al-Qur’Én, XVI:43.

08. Ibid., IV:83.

09. Ibid., IV:59.

10. Ibid., LIX:2.



Hamdard Islamicus 115 Vol. XLI, Nos. 3 & 4

11. Al-BukhÉrÊ, AbË Abd Allah MuÍammad b. IsmÉ‘Êl, Al-Jamai al-ØaÍÊÍ,vol. III;

KitÉb: al-‘Ilm, HadÊth No: 71, Riyadh, Dar al-Islam li Nashar wa al-Tauzie‘,

2nd Edn., 1419 A.H./1999 A.D.

12. Al-Qur’Én, XXIX:69.

13. Al-‘AmÊdÊ, Saif al-DÊn AbË al-×asan b. AbË ‘AlÊ b. MuÍammad, Al-AÍkÉm fi

UÎËl AÍkÉm, Beirut, Dar al-Kutub al-‘Ilmiyyah, 1405 A.H./1985 A.D., vol. IV,

p. 209.

14. Ibn MÉjah, AbË Abd Allah MuÍammad b. YazÊd, Sunan Ibn MÉjah, KitÉb

al-Sunnah, ×adÊth No. 224, Al-Riyadh, Dar al-Salam li Nashar wa al-Tauzie,

2nd Edn., 1419 A.H./1999 A.D.

15. Shaykh Wahba al-Zuhaili (born 1932) born in Dair Atiah, Syria is a prominent

yet somewhat controversial Syrian professor and Islamic scholar specializing in

Islamic law and legal philosophy. He is also currently a preacher at Badr Mosque

in Dair Atiah. He is the author of scores of books on Islamic and secular law,

many of which have been translated to English. He is chairman of Islamic

jurisprudence in the College of Shariah at Damascus University. He is also a

signatory to the Amman Message and A Common Word documents.

16. Wahba al-Zuhaili, UÎËl al-Fiqh al-Islami, Damascus, Dar al-Fikr, 1406 A.H./

1986 A.D., vol. II, pp. 1044-1049.

17. Yusuf al-Qardhavi (born 9 September, 1926) is an Egyptian Islamic theologian,

and chairman of the International Union of Muslim Scholars. He is best known

for his programme Al-SharÊ‘ah wa al-×ayÉt (SharÊ‘ah and Life), broadcast on

Al-Jazeerah, which has an estimated audience of 60 million worldwide. He is

also well known for Islam Online, a popular website he helped found in

1997 and for which he now serves as chief religious scholar. Al-Qardhavi has

published more than 120 books, including Al-×alÉl wa al-×arÉm fi al-Islam

(The Lawful and the Prohibited in Islam) and Islam: The Future Civilization. He

has also received eight international prizes for his contributions to Islamic

scholarship, and is considered one of the most influential such scholars living

today.

18. Yusuf al-Qardhavi, Al-IjtihÉd fi al-SharÊ‘ah al-Islamiah, Kuwait, Dar al-Qalam,

1420 A.H./1999 A.D., p. 60.

19. FÉrooqi, MuÍammad Yusuf, IjtihÉd: ManÉhij wa AsÉleeb, Islamabad, Islamic

Research Institute, International Islamic University, March 2009 A.D., p. 34.

20. Al-Susuah, Abd al-MajÊd MuÍammad, DirÉsat fi al-IjtihÉd wa Fahm al-Nass,

Beirut, Dar al-Basha’ir al-Islamiah, 1424 A.H./2003 A.D., p. 34.

21. ShÉh WalÊ Allah (1703-1762 A.D.) was one of the most original and constructive

thinkers of sub-continent with a clear appreciation of political realities. He tried

to create a new ideological basis for the reconstruction of the Muslim State.

During 1737-38 he translated the Qur’Én into Persian much to the disgust of the

orthodox ulema. He set himself the task of removing the differences and bridging

the gulf that separated the ShÊ‘ahs from the SunnÊs and the ulema from the

ØËfiyah. He recommended the application of ijtihÉd as against blind taqlÊd.

22. Wali Allah, Shah, Iqd-ul Jeed fi AÍkÉm al-IjtihÉd wa al-TaqlÊd, Trans. Muhammad

Mian Siddiqi, Islamabad, Shariah Academy, International Islamic University,

1421 A.H./2000 A.D., p. 45.



Hamdard Islamicus 116 Vol. XLI, Nos. 3 & 4

23. SubÍÊ Mahmasani born in Beirut, Lebanon, on January 29, 1909 was a Lebanese

legal scholar, practicing lawyer, judge, and political figure who contributed

substantially to building the legal and civic foundations of the then-nascent

country of Lebanon, and whose writings on Islamic jurisprudence remain

authoritative works on this topic for legal scholars and researchers.

24. SubÍÊ Mahmasani, Falsafah Shariat-e Islam, Trans. Maulvi MuÍammad AÍmad

RidhvÊ, Lahore, Majlis Taraqqi-e Adab, Club Road, 9th Edn., 1419 A.H./1999 A.D.,

p. 181.

25. Allamah MuÍammad IqbÉl, The Reconstruction of Religious Thought in Islam, Ed.

Muhammad Saeed Shaikh, Lahore, Institute of Islamic Culture, 1423 A.H./

2003 A.D., p. 133.

26. Ibid., p. 139.

27. A.R. Tariq, Speeches and Statements of Iqbal, Lahore, 1393 A.H./1973 A.D.,

p. 14.

28. Allamah MuÍammad Iqbal, The Reconstruction of Religious Thought in Islam,

p. 140.

29. Ibid.

30. Al-Shatibi, AbË IsÍÉq IbrÉhÊm b. MËsÉ, Al-MuwÉfaqat fi UÎËl al-SharÊ‘ah, Beirut,

Dar al-Kutub al-‘Ilmiyyah, n.d., vol. IV, p. 52.

31. Sayyad AbË al-A‘la MaudËdÊ (25 September 1903-22 September 1979), was an

Indian-Pakistani scholar, philosopher, jurist, journalist, islamist and imÉm. His

numerous works were written in Urdu, but then translated into English, Arabic,

Hindi, Bengali, Tamil, Burmese and many other languages. He was the founder

of Jama’at i-Islami, the largest Islamic organisation in Asia.

32. Al-MaudËdÊ, AbË al-A‘la, TafhimÉt, Lahore, Islamic Publications Ltd., 13-E Shah

Alim Market, 5th Edn., 1395 A.H./1975 A.D., vol. III, pp. 11-12.

33. AbË al-×asan ‘AlÊ NadvÊ, 24 November 1914-1931 December 1999 A.D., was

an Indian, Islamic scholar, and author of over fifty books in various languages.

34. NadvÊ, AbË al-×asan ‘AlÊ, Madha Akhsara al-Alim bi IniÍÏÉt al-Muslimeen, Syria,

Dar al-Qur’Én al-Karim, 1397 A.H./1977 A.D., p. 195.

35. Al-Qur’Én, IV:59.

36. MuÍammad Yusuf FÉrooqi, IjtihÉd: Manahij wa AsÉleeb, p. 38.