''Ijtihad'' ( ; ar, اجتهاد ', ; lit. physical or mental ''effort'')
is an
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
ic legal term referring to independent reasoning by an expert in
Islamic law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...
,
or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question.
[ It is contrasted with '']taqlid
''Taqlid'' (Arabic تَقْليد ''taqlīd'') is an Islamic term denoting the conformity of one person to the teaching of another. The person who performs ''taqlid'' is termed ''muqallid''. The definite meaning of the term varies depending on con ...
'' (imitation, conformity to legal precedent).[ According to classical Sunni theory, ''ijtihad'' requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence ('']usul al-fiqh
Principles of Islamic jurisprudence, also known as ''uṣūl al-fiqh'' ( ar, أصول الفقه, lit. roots of fiqh), are traditional methodological principles used in Islamic jurisprudence (''fiqh'') for deriving the rulings of Islamic law (''s ...
''),[ and is not employed where authentic and authoritative texts (]Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
and Hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approva ...
) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (''ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur' ...
'').[ ''Ijtihad'' is considered to be a religious duty for those qualified to perform it.][ An ]Islamic scholar
In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of reli ...
who is qualified to perform ''ijtihad'' is called as a "'' mujtahid''".[
Throughout the first five Islamic centuries, the practice of ''ijtihad'' continued both theoretically and practically amongst Sunni Muslims. The controversy surrounding ''ijtihad'' and the existence of ''mujtahids'' started, in its primitive form, around the beginning of the sixth/twelfth century.] By the 14th century, development of Islamic Fiqh (jurisprudence) prompted leading Sunni jurists to state that the main legal questions had been addressed and the scope of ''ijtihad'' was gradually restricted.[ In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the Muslim public that the so-called "gate of ''ijtihad''" was closed at the start of the classical era.][ While recent scholarship established that the practice of ''Ijtihad'' had never ceased in Islamic history, the extent and mechanisms of legal change in the post-formative period remain a subject of debate.][ Differences amongst the '' Fuqaha'' (jurists) prevented Sunni Muslims from reaching any consensus ('']Ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur' ...
'') on the issues of continuity of ''Ijtihad'' and existence of ''Mujtahids.'' Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries. ''Ijtihad'' was practiced throughout the Early modern period and claims for ''ijtihad'' and its superiority over ''taqlid'' were voiced unremittingly.
Starting from the 18th century, Islamic reformers began calling for abandonment of ''taqlid'' and emphasis on ''ijtihad'', which they saw as a return to Islamic origins.[ Public debates in the Muslim world surrounding ''ijtihad'' continue to the present day.][ The advocacy of ''ijtihad'' has been particularly associated with ]Islamic modernist
Islamic modernism is a movement that has been described as "the first Muslim ideological response to the Western cultural challenge" attempting to reconcile the Islamic faith with modern values such as democracy, civil rights, rationality, e ...
and Salafiyya movements. Among contemporary Muslims in the West there have emerged new visions of ''ijtihad'' which emphasize substantive moral values over traditional juridical methodology.[
]Shia
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, mo ...
jurists did not use the term ''ijtihad'' until the 12th century. With the exception of Zaydi
Zaydism (''h'') is a unique branch of Shia Islam that emerged in the eighth century following Zayd ibn Ali‘s unsuccessful rebellion against the Umayyad Caliphate. In contrast to other Shia Muslims of Twelver Shi'ism and Isma'ilism, Zaydis, ...
jurisprudence, the early Imami
Twelver Shīʿīsm ( ar, ٱثْنَا عَشَرِيَّة; '), also known as Imāmīyyah ( ar, إِمَامِيَّة), is the largest branch of Shīʿa Islam, comprising about 85 percent of all Shīʿa Muslims. The term ''Twelver'' refers t ...
Shia
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, mo ...
were unanimous in censuring ''Ijtihad'' in the field of law (''Ahkam
''Ahkam'' (, ar, أحكام "rulings", plural of ()) is an Islamic term with several meanings. In the Quran, the word ''hukm'' is variously used to mean arbitration, judgement, authority, or God in Islam, God's will. In the early Islamic peri ...
''). After the Shiite embracal of various doctrines of Mu'tazila
Muʿtazila ( ar, المعتزلة ', English: "Those Who Withdraw, or Stand Apart", and who called themselves ''Ahl al-ʿAdl wa al-Tawḥīd'', English: "Party of ivineJustice and Oneness f God); was an Islamic group that appeared in early Islami ...
and classical Sunnite ''Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ...
'' (jurisprudence), this led to a change.[ After the victory of the ''Usulis'' who based law on principles ( usul) over the ''Akhbaris'' ("traditionalists") who emphasized on reports or traditions (''khabar'') by the 19th century, ''Ijtihad'' would become a mainstream Shia practice.]
Etymology and definition
The word derives from the three-letter Arabic verbal root of '' - H- D'' (', 'struggle'): the "t" is inserted because the word is a derived stem VIII verb. In its literal meaning, the word refers to effort, physical or mental, expended in a particular activity.[ In its technical sense, ''ijtihad'' can be defined as a "process of legal reasoning and hermeneutics through which the jurist-mujtahid derives or rationalizes law on the basis of the ]Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
and the Sunna".
The juristic meaning of ijtihād has several definitions according to scholars of Islamic legal theory. Some define it as the jurist's action and activity to reach a solution. Al-Ghazālī (d. 505/1111) defines it as the “total expenditure of effort made by a jurist for the purpose of obtaining the religious rulings.” Similarly the ijtihād is defined as “the effort made by the mujtahid in seeking knowledge of the '' aḥkām'' (rulings) of the sharī‘ah
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
(Islamic canonical law) through interpretation.”
From this point of view that ijtihād essentially consists of an inference (''istinbāṭ'') that extents to a probability (''ẓann''). Thus it excludes the extraction of a ruling from a clear text as well as rulings made without recourse to independent legal reasoning. A knowledgeable person who gives a ruling on the sharī‘ah, but is not able to exercise their judgement in the inference of the rulings from the sources, is not called a mujtahid but rather a ''muqallid
''Taqlid'' (Arabic تَقْليد ''taqlīd'') is an Islamic term denoting the conformity of one person to the teaching of another. The person who performs ''taqlid'' is termed ''muqallid''. The definite meaning of the term varies depending on con ...
''.
Scriptural basis
Islamic scholar Asghar Ali Engineer
Asghar Ali Engineer (10 March 1939 – 14 May 2013) was an Indian reformist writer and social activist.
Internationally known for his work on liberation theology in Islam, he led the Progressive Dawoodi Bohra movement. The focus of his work was ...
cites a hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approva ...
related by a sahabi
The Companions of the Prophet ( ar, اَلصَّحَابَةُ; ''aṣ-ṣaḥāba'' meaning "the companions", from the verb meaning "accompany", "keep company with", "associate with") were the disciples and followers of Muhammad who saw or m ...
(companion of the Islamic prophet Muhammad
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, di ...
) by the name of Muadh ibn Jabal
Muʿādh ibn Jabal ( ar, مُعاذ بن جبل; 605 – 639) was a sahabi (companion) of the Islamic prophet Muhammad. Muadh was an '' Ansar'' of Banu Khazraj and compiled the Quran with five companions while Muhammad was still alive. He was kn ...
(also Ma’adh bin Jabal), as the basis for ijtihad. According to the hadith from '' Sunan Abu-Dawud'', Book 24, Muadh was appointed by Muhammad to go to Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
. Before leaving he was asked how he would judge when the occasion of deciding a case arose.
History
Formative period
During the early period, ''ijtihad'' referred to the exertion of mental energy to arrive at a legal opinion (''ra'y'') on the basis of the knowledge of the Divine Revelation.[ Jurists used ''Ijtihad'' to help reach legal rulings, in cases where the ]Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
and Sunna did not provide clear direction for certain decisions. It was the duty of the educated jurists to come to a ruling that would be in the best interest of the Muslim community and promote the public good.
As religious law continued to develop over time, ''ra'y'' became insufficient in making sure that fair legal rulings were being derived in keeping with both the Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
and Sunna. However, during this time, the meaning and process of ''ijtihad'' became more clearly constructed. ''Ijtihad'' was “limited to a systematic method of interpreting the law on the basis of authoritative texts, the Quran and Sunna”.
As the practice of ''ijtihad'' transformed over time, it became religious duty of a ''mujtahid'' to conduct legal rulings for the Muslim society. ''Mujtahid'' is defined as a Muslim scholar that has met certain requirements including a strong knowledge of the Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
, Sunna, and Arabic, as well as a deep understanding of legal theory and the precedent; all of which allows them to be considered fully qualified to practice ''ijtihad''.
Classical era
Origins of the Controversy
The controversy over the existence of ''Mujtahids'' began in its nascent form during the sixth/12th century. The fifth century Hanbali jurist Ibn 'Aqil (1040–1119) responding to a Hanafi jurist's statement, advocated for the necessity of existence of ''Mujtahids'' using scripture and reasoning. A century later, Shafi'i jurist Al-Amidi would counter the premise of Hanbalis and prominent Shafīʿis arguing that extinction of ''Mujtahids'' is possible. Over the centuries, the controversy would garner more attention with the scholars gathering around 3 camps: 1) Hanbali
The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni schools (''madhahib'') of Islamic jurisprudence. It is named after the Arab scholar Ahmad ibn Hanbal ...
s and majority of Shafīʿis who denied the theoretical possibility of ''Mujtahid'''s extinction 2) a group of jurists who asserted that extinction of ''Mujtahids'' is possible but not proven 3) a group who advocated the extinction of ''Mujtahids.''
To validate their points, the scholars of ''Taqlid'' camp cited Prophetic ''hadiths'' that report the disappearance of knowledge when ignorant leaders "will give judgements" and misguide others. ''Muqallids'' also argued that ''Ijtihad'' isn't a communal obligation (''fard kifaya'') when it is possible to blindly imitate the laws of ancestors received through transmitted chains of narrations. Hanbalis, the staunch advocates of permanent existence of ''Mujtahids,'' countered by citing Prophetic reports which validated their view that knowledge and sound judgement would accompany the Muslim ''Ummah
' (; ar, أمة ) is an Arabic word meaning "community". It is distinguished from ' ( ), which means a nation with common ancestry or geography. Thus, it can be said to be a supra-national community with a common history.
It is a synonym for ' ...
'' led by ''Mujtahid'' scholars until the Day of Judgment
The Last Judgment, Final Judgment, Day of Reckoning, Day of Judgment, Judgment Day, Doomsday, Day of Resurrection or The Day of the Lord (; ar, یوم القيامة, translit=Yawm al-Qiyāmah or ar, یوم الدین, translit=Yawm ad-Dīn, ...
, thus giving theological implications to the controversy. They also raised the question of leadership and interpretive religious authority to vigorously deny the possibility of an age without ''Mujtahids'', a doctrine which they defended using both Scripultural and rational arguments. Citing Prophetic traditions such as “scholars are the heirs of the prophets", Hanbalis settled on the belief that God would not leave any age without a proper guide, i.e., Islamic '' Fuqaha'' (jurists) who solve novel issues through ''Ijtihad''.
Majority of Shafīʿi scholars too were leading advocates of ''Ijtihad'' as a ''fard kifaya'' (communal obligation). The prominent 16th century Shafi'i legal treatise '' Fath-ul-Mueen'' affirmed the existence of ''Mujtahids'' and obligated them to take the post of Qadi
A qāḍī ( ar, قاضي, Qāḍī; otherwise transliterated as qazi, cadi, kadi, or kazi) is the magistrate or judge of a '' sharīʿa'' court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and mino ...
as ''fard kifaya''. Leading Shafīʿi jurist Al-Suyuti (1445-1505) also stipulated ''Ijtihad'' as a communal obligation, the abandonment of which would be sinful upon the whole ''Ummah''. Shafīʿis also upheld the popular Muslim tradition of appearance of ''Mujaddid
A ''mujaddid'' ( ar, مجدد), is an Islamic term for one who brings "renewal" ( ar, تجديد, translit=tajdid, label=none) to the religion. According to the popular Muslim tradition, it refers to a person who appears at the turn of every ...
s'' who would renew the religion every century. As promoters of the idea of ''Mujaddids;'' (who were assumed as ''Mujtahids'') majority of jurists who claimed ''Tajdid
''Tajdīd'' ( ar, تجديد) is the Arabic word for ''renewal''. In an Islamic context, ''tajdīd'' refers to the revival of Islam, in order to purify and reform society, to move it toward greater equity and justice. One who practices ''tajdīd' ...
'' or honoured as ''Mujaddids'' were Shafīʿis. On the other hand, some prominent Shafīʿi jurists like Al-Rafi'i (d. 623) had made statements speculating an "agreement" on the absence of ''Mujtahid Mutlaqs'' (highest-ranking ''Mujtahid'') during his era while few others affirmed theoretical possibility of absence of ''Mujtahids''. However, such statements had ambiguities in legal terminology and didn't stipulate an established consensus on the issue. In addition, Rafi'i himself was considered as a ''Mujtahid'' and a ''Mujaddid''.
Yahya ibn Sharaf al-Nawawi
Abū Zakariyyā Yaḥyā ibn Sharaf al-Nawawī ( ar, أبو زكريا يحيى بن شرف النووي; (631A.H-676A.H) (October 1230–21 December 1277), popularly known as al-Nawawī or Imam Nawawī, was a Sunni Shafi'ite jurist and h ...
(d. 676/1277), a prominent Shafī'i Muhaddith
Hadith studies ( ar, علم الحديث ''ʻilm al-ḥadīth'' "science of hadith", also science of hadith, or science of hadith criticism or hadith criticism)
consists of several religious scholarly disciplines used by Muslim scholars in th ...
and Jurist, who is a primary reference even for Shafiites of Taqleed camp; advocated that it isn't obligatory for laymen to adhere to a ''mad'hab'', reinforcing the orthodox Shafī'ite pro-Ijtihad position. Other prominent classical Shafī'i jurists who advocated the pro-Ijtihad position included Taj ud Din al Subki, Dhahabi
Shams ad-Dīn adh-Dhahabī (), also known as Shams ad-Dīn Abū ʿAbdillāh Muḥammad ibn Aḥmad ibn ʿUthmān ibn Qāymāẓ ibn ʿAbdillāh at-Turkumānī al-Fāriqī ad-Dimashqī (5 October 1274 – 3 February 1348) was an Islamic historia ...
, Izz ud Deen Ibn Abdussalam, Ibn al Salah, Al Bulqini, etc. Taj ud Din al Subki (d. 1370) summed up the classical-era Shafi'i position in his ''Kitāb Mu'īd an-Ni'am wa-Mubīd an-Niqām'':
Emergence of "Closure of the Gates" Notion
In contrast to the view of these Shafiites, classical Shafi'ite theologian 'Abd al-Malik al-Juwayni (d. 1085 C.E/ 478 A.H) postulated a new doctrine on the controversy of the existence of ''Mujtahids''. Juwaynī and his Shāfiʿī colleagues insisted that not only the disappearance of Mujtahids was possible, but that it had already happened. Juwayni's doctrine was taken by his student Ghazālī (d. 1111 C.E/ 505 A.H), al-Qaffāl al-Shāshī (d. 1113 C.E/507 A.H) and promoted in the next century by the Shafi'i scholars Fakhr al-Dīn al-Rāzī (d. 606/1209), Sayf al-Dīn al-Āmidī (d. 631/1233), and Rāfiʿī (d. 623/1226). These scholars asserted the belief that ''Mujtahids'' had already disappeared, and some would claim a consensus on this point. Thereafter, the theory of legal minimalism elucidated by Juwayni in his book ''Ghiyāth al-umam fī iltiyāth al zulam'', penned for his Seljuk Seljuk or Saljuq (سلجوق) may refer to:
* Seljuk Empire (1051–1153), a medieval empire in the Middle East and central Asia
* Seljuk dynasty (c. 950–1307), the ruling dynasty of the Seljuk Empire and subsequent polities
* Seljuk (warlord) (di ...
patron Nizam ul-Mulk, would be popularised. This system listed a set of core principles that implemented legal and procedural minimalism; and attempted the standardisation of Islamic courts and legal framework in the medieval
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the Post-classical, post-classical period of World history (field), global history. It began with t ...
Muslim World
The terms Muslim world and Islamic world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs and laws of Islam or to societies in which Islam is practiced. I ...
.
Most significantly, the influential Islamic theologian Al Ghazzali introduced the notion of closure of ''Ijtihad'' since he viewed numerous people with inadequate knowledge of ''Qur'an'' as claiming to be ''Mujtahids''. Ghazzali's emphasis on rigorous asceticism and imitation of traditions practised by Sufi mystics led him to attack rational enquiry and sciences like physics for contradicting religion. Owing to his status as a great scholar, numerous ''ulema
In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of religious ...
'' followed his call; even though many continued to dispute it. Intellectuals like Hasan Hanafi argue that Ghazali had tried to preclude the endeavour of ''Ijtihad'' during his era in order to establish a rigid, stable orthodoxy that could effectively challenge external enemies of Islam like the Crusaders
The Crusades were a series of religious wars initiated, supported, and sometimes directed by the Latin Church in the medieval period. The best known of these Crusades are those to the Holy Land in the period between 1095 and 1291 that were in ...
. According to Pakistani Professor of Philosophy C.A Qadir; Ghazzali's efforts had tremendous impact in limiting the scope of ''Ijtihad'' in medieval Islamic orthodxy.
However, there is still a vigorous scholarly debate regarding whether Al-Ghazali had himself "closed the gates" or whether he merely continued an established policy of his scholarly predecessors or whether the gate was ever closed. According to Professor James P. Piscatori, the provision for ''Ijtihad'' in Sunni ''Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ...
'' was never "tightly shut" and remained open to some extent. During the 16th century, majority of the clerical classes would claim Ghazzali's doctrine as sacrosanct and inviolable by ''Ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur' ...
'' (consensus). Post-classical era, a large part of Shafīʿi scholarship would also shift to a pro-''Taqleed'' position owing to external influence from Hanafi
The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named a ...
te-Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary ...
te ''Muqallid'' camps. Most noteworthy amongst them were Ibn Hajar al-Haytami
Shihāb al-Dīn Abū al-ʿAbbās Aḥmad ibn Muḥammad ibn ʿAlī ibn Ḥajar al-Haytamī al-Makkī al-Anṣārī known as Ibn Hajar al-Haytami al-Makki ( ar, ابن حجر الهيتمي المكي) was an Egyptian Arab muhaddith and theologi ...
(d. 1566). However many still defended ''Ijtihad'' while others who theoretically affirmed the disappearance of ''Mujtahids'' rejected the claim that they did in reality.
Late Classical Period
Until the end of the 14th century, no voice had before actively risen to condemn the claims of ''mujtahids'' to practice ''ijtihad'' within their schools. However, the doctrine of ''Taqlid'' was steadily amassing support amongst the masses. The first incident in which ''muqallids'' openly attacked the claims of ''mujtahids'' occurred in Egypt, during the lifetime of Suyuti
Jalal al-Din al-Suyuti ( ar, جلال الدين السيوطي, Jalāl al-Dīn al-Suyūṭī) ( 1445–1505 CE),; ( Brill 2nd) or Al-Suyuti, was an Arab Egyptian polymath, Islamic scholar, historian, Sufi, and jurist. From a family of Persian ...
. Suyuti had claimed to practice the highest degree of ''Ijtihad'' within the Shafi'i school. He advocated that Ijtihad is a backbone of Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
and believed in the continuous existence of ''Mujtahids''.
Around the 15th century, most Sunni jurists argued that all major matters of religious law had been settled, allowing for ''taqlid
''Taqlid'' (Arabic تَقْليد ''taqlīd'') is an Islamic term denoting the conformity of one person to the teaching of another. The person who performs ''taqlid'' is termed ''muqallid''. The definite meaning of the term varies depending on con ...
'' (تقليد), "the established legal precedents and traditions," to take priority over ''ijtihād'' (اجتهاد). This move away from the practice of ''ijtihād'' was primarily made by the scholars of Hanafī and Malikī schools, and a number of Shafīʿis, but not by Hanbalīs and majority of Shafīʿi jurists who believed that "true consensus" ('' ijmāʿ'' اجماع), apart from that of Muhammad's Companions, did not exist" and that "the constant continuous existence of ''mujtahids'' (مجتهد) was a theological requirement." Although the Ottoman clergy denied ''Ijtihad'' in theory'','' throughout the 16th and 17th centuries, the Ottoman Hanafite ''ulema'' had practiced ''Ijtihad'' to solve a number of new legal issues. Various legal rulings were formulated on a number of issues, such as the Waqf
A waqf ( ar, وَقْف; ), also known as hubous () or '' mortmain'' property is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitab ...
of movables, on drugs, coffee, music, tobacco, etc. However to support the official doctrine of "extinction of ''Mujtahids''", the Ottoman ''ulema'' denied ''Ijtihad'' even when it was practised.
The increasing prominence of ''taqlid'' had at one point led most Western scholars to believe that the "gate of ''ijtihad''" was in fact effectively closed around tenth century.[ In a 1964 monograph, which exercised considerable influence on later scholars, Joseph Schacht wrote that "a consensus gradually established itself to the effect that from that time onwards no one could be deemed to have the necessary qualifications for independent reasoning in religious law, and that all future activity would have to be confined to the explanation, application, and, at the most, interpretation of the doctrine as it had been laid down once and for all."
While more recent research is said to have disproven the notion that the practice of ''ijtihad'' was abandoned in the tenth century — or even later in the 15th century — the extent of legal change during this period and its mechanisms remain a subject of scholarly debate.][ The ''Ijtihad'' camp primarily consisted of Hanbalis and Shafiites, while the Taqlid camp were primarily Hanafites who were supported to a greater or lesser extent by Malikis as well as some Shafi'is.
]
Ranking of Mujtahids
After the 11th century, Sunni legal theory developed systems for ranking jurists according to their qualifications for ''ijtihad''. One such ranking placed the founders of '' maddhab''s, who were credited with being "''absolute'' ''mujtahid''s" (''mujtahid muṭlaq'') capable of methodological innovation, at the top, and jurists capable only of ''taqlīd'' at the bottom, with ''mujtahid''s and those who combined ''ijtihād'' and ''taqlīd'' given the middle ranks. In the 11th century, jurists required a ''mufti
A Mufti (; ar, مفتي) is an Islamic jurist qualified to issue a nonbinding opinion ('' fatwa'') on a point of Islamic law (''sharia''). The act of issuing fatwas is called ''iftāʾ''. Muftis and their ''fatwas'' played an important rol ...
'' (jurisconsult) to be a ''mujtahid''; by the middle of the 13th century, however, most scholars considered a ''muqallid'' (practitioner of ''taqlīd'') to be qualified for the role. During that era some jurists began to ponder whether practitioners of ''ijtihad'' continued to exist and the phrase "closing of the gate of ''ijtihād''" (إغلاق باب الاجتهاد ''iġlāq bāb al-ijtihād'') appeared after the 16th century.
However, these rankings have been criticized for its arbitrariness. Many other distinguished scholars have been recorded by scholars as ''Mujtahid Mutlaqs'' even after the deaths of four ''Imams'' (to whom the four schools are attributed). Also, various schools were subject to transformation and evolution through time in ways that their founders had not imagined. The founders themselves had not stipulated many such rankings or classifications. Nor did they obligate strict adherence to a particular scholar or legal theory. In many cases, major parts of the legal theory were in fact developed by the later followers.
The classical Hanbali
The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni schools (''madhahib'') of Islamic jurisprudence. It is named after the Arab scholar Ahmad ibn Hanbal ...
theologian Taqi al-Din Ibn Taymiyya (d. 1328 C.E/ 728 A.H) was a notable figure who dissented from the prevalent ''Madh'hab''-based ranking standardisations and classifications. Arguing that the practice of ''Ijtihad'' is allowed for every Muslim, Ibn Taymiyya writes:
Legal schools(''mad'habs'') had begun to take shape by the middle of the fourth/tenth century and practice of affiliating to the madhabs began to become popular. Systematic categorisation of ''Mujtahids'' emerged during late fifth/eleventh century into ranks of excellence. By doing so, they sought to facilitate the ''Ijtihad'' of qualified Mufti
A Mufti (; ar, مفتي) is an Islamic jurist qualified to issue a nonbinding opinion ('' fatwa'') on a point of Islamic law (''sharia''). The act of issuing fatwas is called ''iftāʾ''. Muftis and their ''fatwas'' played an important rol ...
s. The earliest known typology of jurists is Ibn Rushd
Ibn Rushd ( ar, ; full name in ; 14 April 112611 December 1198), often Latinized as Averroes ( ), was an
Andalusian polymath and jurist who wrote about many subjects, including philosophy, theology, medicine, astronomy, physics, psychology, ...
's (d. 520/1126) tripartite classification of Muftis. In this typology, the top-Mufti was a ''Mujtahid'' (like Ibn Rushd himself) while the latter two ranks weren't, i.e., a ''Mujtahid'' must independently reason on the basis of Scriptures and general principles of the school. On the other hand, Ghazzali distinguished between two ranks of ''Mujtahids'', the independent(''Mutlaq'') and the affiliated(''Muqayyad'') in a three-rank classification. In the seventh century, Shafi'i jurist Ibn al-Salah
Abū ‘Amr ‘Uthmān ibn ‘Abd il-Raḥmān Ṣalāḥ al-Dīn al-Kurdī al-Shahrazūrī () (c. 1181 CE/577 AH – 1245/643), commonly known as Ibn al-Ṣalāḥ, was a Kurdish Shafi'i hadith specialist and the author of the seminal '' Intro ...
(d. 643/1245) would elaborate a five rank classification of Muftis. During the 10th/16th century, Ottoman Shaykh al-Islam Ammad Ibn Kamal (d. 940/1533) articulated a Hanafite typology of jurists with seven ranks. Unlike the previous typologies, the latter classification was promoted by ''Taqlid'' partisans who advocated that ''Mujtahids'' ceased to exist. All these classifications created an archetype of an ideal standard to which all other typologies must conform, i.e., the founders of 4 schools. However, this typological conception of the founder ''Mujtahid'' suffered from chronological ruptures, overlooking in the process the founder's predecessors as well as his immediate intellectual history that formed a continuity. Although the founder imams were accomplished jurists, they were not as absolutely and as categorically as they were portrayed to be, starting from the 5th/11th century. Ibn Kamal's seven-rank typology, in particular, would come under scathing criticism by other Hanafites as well, such as Muhammad Bakhit al-Muti'i
Muhammad Bakhit al-Muti'i (1854 or 1856 — 1935) was the Grand Mufti of Egypt, judge in the Shari'a Courts, rector of al-Azhar, and one of the leading Hanafi-Maturidi scholars of his time. He was educated at al-Azhar and was teaching in this ...
(1854 or 1856 — 1935), who was the Grand Mufti
The Grand Mufti (also called Chief Mufti, State Mufti and Supreme Mufti) is the head of regional muftis, Islamic jurisconsults, of a state. The office originated in the early modern era in the Ottoman empire and has been later adopted in a num ...
of Al-Azhar.
Many Islamic reformers, starting from the 18th century would criticize these classifications altogether, since these classifications assumed every Mufti in terms of leaders and followers, affiliated to the founder imams and succeeding generations who are progressively inferior to knowledge of imams. Faithful to the tenets of Ibn Taymiyya and Muhammad Ibn 'Abd al-Wahhab
Muhammad ibn Abd al-Wahhab ibn Sulayman al-Tamimi ( ar, محمد بن عبد الوهاب بن سليمان , translit=Muḥammad ibn ʿAbd al-Wahhāb ibn Sulaymān al-Tamīmī; 1703–1792) was an Arabian Islamic scholar, theologian, preacher, ...
(1792 C.E/ 1206 A.H), the Wahhabi movement called for ''Ijtihad'' and opposed ''Taqlid
''Taqlid'' (Arabic تَقْليد ''taqlīd'') is an Islamic term denoting the conformity of one person to the teaching of another. The person who performs ''taqlid'' is termed ''muqallid''. The definite meaning of the term varies depending on con ...
''. Advocating the Wahhabi stance on ''Ijtihad'', 'Abd al-Rahman ibn Hasan Aal-Al Shaykh (1196-1285 A.H / 1782-1868 C.E), influential ''Qadi
A qāḍī ( ar, قاضي, Qāḍī; otherwise transliterated as qazi, cadi, kadi, or kazi) is the magistrate or judge of a '' sharīʿa'' court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and mino ...
'' of the Emirate of Nejd, asserts:
The 18th-century Islamic reformer and top-most ''Qadi'' of Yemen, Al-Shawkani
Muḥammad al-Shawkānī (1759–1834) was a prominent Yemeni Sunni Islamic scholar, jurist, theologian and reformer. Shawkani was one of the most influential proponents of Athari theology and is revered as one of their canonical scholars by S ...
(1759-1839) totally rejected the theory of classification of ''Mujtahids''. According to him, there is only one form of ''Ijtihad'' which can be practised by anybody possessing sufficient knowledge. Shawkani maintains that it is sufficient for a scholar to study one compendium in each of the five disciplines to practice ''Ijtihad''. According to Shawkani, the ''Muqallids'' who propagate the closure of ''Ijtihad'' and argue that only the four Imams can understand ''Qur'an'' and ''Sunnah'' are guilty of:
This view would influence many 19th and 20th century Salafi reform movements.
Modern era
During the turn of the 16th to 17th century, Sunni Muslim reformers began to criticize taqlid
''Taqlid'' (Arabic تَقْليد ''taqlīd'') is an Islamic term denoting the conformity of one person to the teaching of another. The person who performs ''taqlid'' is termed ''muqallid''. The definite meaning of the term varies depending on con ...
, and promoted greater use of ''ijtihad'' in legal matters. They claimed that instead of looking solely to previous generations for practices developed by religious scholars, there should be an established doctrine and rule of behavior through the interpretation of original foundational texts of Islam—the Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
and Sunna.
During the 18th century, Islamic revivalists increasingly condemned the ''Muqallid'' camp through a mass of writings explaining the evils of ''Taqlid'' and advocating ''Ijtihad'' as well as defending its status as a Divinely established principle in sharia. This would often result in violence between their followers. Most prominent amongst them were Shah Waliullah Dehlawi
Quṭb-ud-Dīn Aḥmad Walīullāh Ibn ʿAbd-ur-Raḥīm Ibn Wajīh-ud-Dīn Ibn Muʿaẓẓam Ibn Manṣūr Al-ʿUmarī Ad-Dehlawī ( ar, ; 1703–1762), commonly known as Shāh Walīullāh Dehlawī (also Shah Wali Allah), was an Islamic ...
, Muhammad ibn Abd al-Wahhab
Muhammad ibn Abd al-Wahhab ibn Sulayman al-Tamimi ( ar, محمد بن عبد الوهاب بن سليمان , translit=Muḥammad ibn ʿAbd al-Wahhāb ibn Sulaymān al-Tamīmī; 1703–1792) was an Arabian Islamic scholar, theologian, preacher, ac ...
, Shawkani
Muḥammad al-Shawkānī (1759–1834) was a prominent Yemeni Sunni Islamic scholar, jurist, theologian and reformer. Shawkani was one of the most influential proponents of Athari theology and is revered as one of their canonical scholars by S ...
, Muhammad ibn Isma'il Al-San'aani, Ibn Mu'ammar, Ahmad ibn Idris al-Fasi, Uthman Ibn Fudio, Muhammad ibn Ali al-Sanusi
Muhammad ibn Ali as-Senussi (; in full Muḥammad ibn ʿAlī al-Sanūsī al-Mujāhirī al-Ḥasanī al-Idrīsī) (1787–1859) was an Algerian Muslim theologian and leader who founded the Senussi mystical order in 1837. His militant mystical mov ...
, etc.
Shah Waliullah Dehlawi was an ardent advocate of ''Ijtihad'' and considered it essential for the vigour of society. Re-inforcing the classical theory, he considered Ijtihad to be ''fard kifaya''(communal obligation). Condemning the prevalent partisanship over ''Taqleed'' he denounced the ''Muqallid'' camp as the misguided "simpletons of our time". He considered himself as a ''Mujtahid'' of the highest rank affiliated to Hanafi school.
In his treatise ''Usul al-Sittah''(Six Foundations), Ibn 'Abd al-Wahhab harshly rebuked the ''Muqallids'' for raising the description of ''Mujtahids'' to humanely unattainable levels. He also condemned the practice of obligating ''Taqleed'' which deviated people away from Qur'an and Sunnah. In similar terms, Yemeni scholar Shawkani too condemned the practice of rigid ''Taqleed''. Demonstrating the perpetual existence of Mujtahids in his works, Shawkani also argued that ''Ijtihad'' at later times was far easier due to detailed manuals unavailable for jurists of the past era.
Amongst the eighteenth-century reformers, the most radical condemnation of ''Taqlid'' and advocacy of ''Ijtihad'' was championed by the Arabian scholar Muhammad ibn 'Abd al-Wahhab, whose uncompromising reformist efforts often turned violent. Ibn 'Abd al-Wahhab condemned the centuries-long heritage of jurisprudence (''Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ...
'') that coalesced into four schools ( ''mad'habs'' ) as an innovation. Challenging the authority of religious clerics, and a large portion of the classical scholarship, he proclaimed the necessity of directly returning to Qur'an and hadith, rather than relying on medieval interpretations. According to Ibn 'Abd al-Wahhab, in order to uphold true monotheism( ''Tawhid'' ), Muslims should return to the pristine Islam of the early generations (''Salaf
Salaf ( ar, سلف, "ancestors" or "predecessors"), also often referred to with the honorific expression of "al-salaf al-ṣāliḥ" (, "the pious predecessors") are often taken to be the first three generations of Muslims. This comprises Muhamm ...
''), stripped of all human additions and speculations. In his legal treatises such as ''Mukhtasar al-Insaf wa al-Sharh al-Kabir'' , Ibn 'Abd al-Wahhab weighed in legal opinions between different schools, opening the realm to comparative Fiqh thinking and often referring the conclusions of Ibn Taymiyya. This legal approach of drawing inferences directly from Qur'an and Hadith ( ''istinbat'' ), instead of ''taqlid'' to one of the 4 law schools, as well as his prohibition of ''Taqlid'', drew sharp condemnation from the ''Muqallid'' camp. In a scathing response, Muhammad Ibn 'Abdul Wahhab accused his detractors of taking "the scholars as lords" and vehemently condemned ''taqleed'' as the biggest principle of the ''kuffar'' (disbelievers), in his treatise ''Masa'il al-Jahiliyya'' ( Aspects of the Days of Ignorance) writing :
In face of the backlash towards Ibn 'Abd al-Wahhab's uncompromising stance in his rejection of taqlid, advocacy of Ijtihad and radical anti-madhab views, the later Wahhabis became more conciliatory towards traditional four schools of Fiqh. The earliest substantial Wahhabite treatise on ''Ijtihad'' was written by the scholar Ibn Mu'ammar (d. 1810), a student of Ibn Abd al-Wahhab and a ''Qadi
A qāḍī ( ar, قاضي, Qāḍī; otherwise transliterated as qazi, cadi, kadi, or kazi) is the magistrate or judge of a '' sharīʿa'' court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and mino ...
'' of First Saudi state
The Emirate of Diriyah (), also known as the First Saudi State, was established in February 1727 (1139 AH). In 1744, the emir of Najdi town called Diriyah Muhammad bin Saud and the religious leader Muhammad ibn Abd al-Wahhab formed an alliance ...
. In his treatise "''Risalat al-Ijtihad wal Taqlid''", Ibn Muammar gave respect to the four traditional Sunni schools of law and distinguished between two ranks of ''Mujtahids'': independent ''Mujtahid'' and ''Mujtahid al-Muqayyid'' bound to the ''Imams''. According to Ibn Mu'ammar, ''Taqlid'' is permissible for laymen and scholar without sufficient knowledge, but forbidden for those who can comprehend the bases of the law. Unlike Ibn 'Abd al-Wahhab, Ibn Mu'ammar permitted laypeople to make ''Taqleed'' to trustworthy scholars, with certain reservations. Despite this, he also criticized strict adherence to a ''madhab'' and denounced ''mad'hab'' fanaticism as a ''bid‘ah''(innovation). According to Ibn Mu'ammar, the opinions of Imams should be discarded if they differ from authentic Prophetic traditions. Similarly, Abdallah, the son of Ibn 'Abd al-Wahhab also toned down the radical anti-Taqlid stances by stating that they affiliate themselves to the Hanbali school and do not condemn the common people who make taqleed to the four schools of jurisprudence.
Ahmad Ibn Idris Al-Fasi also emphasized on the practice of ''ijtihad''. His criticism of ''Taqleed'' of the schools of law (madhhab
A ( ar, مذهب ', , "way to act". pl. مَذَاهِب , ) is a school of thought within ''fiqh'' (Islamic jurisprudence).
The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali.
They emerged in the ninth and tenth centuries CE a ...
s) was based on three concerns. First, the need for following the Prophetic traditions.[Dajani, Samer, Reassurance for the Seeker, p. 12.] Second, to reduce divisions between the Muslims. Third, mercy for the Muslims, because there were 'few circumstances on which the Quran and Sunna were genuinely silent, but if there was a silence on any question, then that silence was intentional on God's part- a divine mercy.'[Sedgwick, Mark, Saints and Sons, p. 15.] He therefore rejected any 'attempt to fill a silence deliberately left by God, and so to abrogate one of His mercies.'
His student, Muhammad ibn Ali al-Sanusi
Muhammad ibn Ali as-Senussi (; in full Muḥammad ibn ʿAlī al-Sanūsī al-Mujāhirī al-Ḥasanī al-Idrīsī) (1787–1859) was an Algerian Muslim theologian and leader who founded the Senussi mystical order in 1837. His militant mystical mov ...
also followed in his footsteps. In his work ''Al-Bughya'', Al Sanusi advocates for the need to practice ''Ijtihad''. The most detailed treatise by Al-Sanusi on the topic of ''Ijtihad'' is ''Iqaz al-wasnan fi 'l-'amal bi'l-hadith wa'l-Qur`an.'' Quoting Ibn Taymiyya, Al Sanusi emphasizes on the principle of fallibility of the Imams of the ''madhabs'' and the obligation to follow the ''Sunnah''. The opinions of the four Imams should only be used for a better understanding of ''Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ...
''. Following Ibn Hazm
Abū Muḥammad ʿAlī ibn Aḥmad ibn Saʿīd ibn Ḥazm ( ar, أبو محمد علي بن احمد بن سعيد بن حزم; also sometimes known as al-Andalusī aẓ-Ẓāhirī; 7 November 994 – 15 August 1064Ibn Hazm. ' (Preface). Tr ...
and Shawkani, Sanussi asserted that ''taqlid'' is ''bid'ah
In Islam, bid'ah ( ar, بدعة; en, innovation) refers to innovation in religious matters. Linguistically, the term means "innovation, novelty, heretical doctrine, heresy".
In classical Arabic literature ('' adab''), it has been used as a for ...
''(innovation) and fully condemned it. Sanussi distinguished between the independent ''Mujtahid'' and the affiliated ''Mujtahid'' and affirmed the existence of the affiliated ''Mujtahid'' in every age. He also objected to ''Taqlid'' and emphasized that ''Qur'an'' and ''Sunna'' must be given precedence over the opinions of Mujtahids, even in cases where the 4 ''Imams'' are wrong.
Remarkably, all these reformers shared common points of contact in Hijaz
The Hejaz (, also ; ar, ٱلْحِجَاز, al-Ḥijāz, lit=the Barrier, ) is a region in the west of Saudi Arabia. It includes the cities of Mecca, Medina, Jeddah, Tabuk, Yanbu, Taif, and Baljurashi. It is also known as the "Western Provi ...
and a network of scholars with a Hijazi-Yemeni centre. Shah Waliullah Dehlawi and Muhammad Hayat as-Sindi were pupils of Muhammad Ibn Ibrahim Al Kurrani Al Kurdi as well as connected to Ibrahim Ibn Hasan Al Kurrani Al Kurdi (d. 1690) and AbuI-Baqa' al-Hasan ibn 'Ali al- Ajami (d. 1702). Al-Sanusi is also linked with these scholars via his teacher al-Badr b. 'Amir al-Mi'dani who was a student of Al-Sindi as well as via other independent chains. Al-Shawkani is connected to Ibrahim Al-Kurrani via his teacher Yusuf Ibn Muhammad.
Outside these circles, some scholars amongst traditional Sufi circles were also in favour of Ijtihad. These included the prominent Ottoman Hanafite jurist Ibn Abidin
Ibn 'Abidin ( ar, ابن عابدين, Ibn ʿᾹbidīn; full name: ''Muḥammad Amīn ibn ʿUmar ibn ʿAbd al-ʿAzīz ibn Aḥmad in ʿAbd ar-Raḥīm ibn Najmuddīn ibn Muḥammad Ṣalāḥuddīn al-Shāmī'', died 1836 CE / AH 1252), known in ...
(1784-1836) who is a scholarly authoritaty for even Hanafites of the ''Taqleed'' camp. Ibn Abidin employed ''Ijtihad'' in order to issue fatwas, using reasoning and believed that ''ijtihad'' was acceptable to use in certain circumstances. According to Ibn Abidin, Hanafite Muftis should look up to rulings of Abu Hanifa, then Abu Yusuf, then Shaybani, then Zufar and then some lesser jurists for fatwas. However, if a previous Hanafi scholar hasn't found an answer to the issue, then he should employ ''Ijtihad'' to solve the novel issue. According to Ibn Abidin, it is not obligatory to follow a particular ''mad'hab'' as well.
Contemporary debates over Ijtihad
On the issue of existence of ''Mujtahids'' and continuity of ''Ijtihad'', contemporary scholarship are divided into two camps:
1) Those who oppose ''Ijtihad'': These include the Orientalist scholars who view that "Gates of ''Ijtihad'' are closed". Sufi groups such as Barelvi
The Barelvi movement ( ur, بَریلوِی, , ), also known as Ahl al-Sunnah wa'l-Jamaah (People of the Prophet's Way and the Community) is a Sunni revivalist movement following the Hanafi and Shafi'i school of jurisprudence, with strong Suf ...
s, Deobandis, etc. believe that ''Mujtahids'' have ceased to exist. Some others such as Said Nursi is not theoretically against ''Ijtihad'', but advocates postponing ''Ijtihad'' to a later time when Muslims attain sufficient strength.
2) Those who advocate ''Ijtihad'': These include Salafi scholars and Islamic modernists who believe in the existence of ''Mujtahids''. Salafis argue that ''Ijtihad'' doesn't have a gate, but only pre-requisites. Others who advocate Ijtihad include Muhammad Iqbal
Sir Muhammad Iqbal ( ur, ; 9 November 187721 April 1938), was a South Asian Muslim writer, philosopher, Quote: "In Persian, ... he published six volumes of mainly long poems between 1915 and 1936, ... more or less complete works on philos ...
, Muhammad Asad
Muhammad Asad, ( ar, محمد أسد , ur, , born Leopold Weiss; 2 July 1900 – 20 February 1992) was an Austro-Hungarian-born Pakistani journalist, traveler, writer, linguist, political theorist and diplomat. He was a Jew but, later conve ...
, etc. Recent scholars in academia such as Wael Hallaq
Wael B. Hallaq is the Avalon Foundation Professor in the Humanities at Columbia University, where he has been teaching ethics, law, and political thought since 2009. He is considered a leading scholar in the field of Islamic legal studies, and has ...
are also its supporters.
3) Those who take an intermediary position
Islamic modernism
Starting in the middle of the 19th century, Islamic modernist
Islamic modernism is a movement that has been described as "the first Muslim ideological response to the Western cultural challenge" attempting to reconcile the Islamic faith with modern values such as democracy, civil rights, rationality, e ...
s such as Sir Sayyid Ahmed Khan
Sir Syed Ahmad Khan KCSI (17 October 1817 – 27 March 1898; also Sayyid Ahmad Khan) was an Indian Muslim reformer, philosopher, and educationist in nineteenth-century British India. Though initially espousing Hindu-Muslim unity, he ...
, Jamal al-din Al-Afghani
Sayyid Jamāl al-Dīn al-Afghānī (Pashto/ fa, سید جمالالدین افغانی), also known as Sayyid Jamāl ad-Dīn Asadābādī ( fa, سید جمالالدین اسدآبادی) and commonly known as Al-Afghani (1 ...
, and Muhammad Abduh emerged seeking to revitalize Islam by re-establish and reform Islamic law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...
and its interpretations to accommodate Islam with modern society. They emphasized the use of ''ijtihad'', but in contrast to its original use, they sought to "apply contemporary intellectual methods" such as academic or scientific thought "to the task of reforming Islam". Al-Afghani proposed the new use of ''ijtihad'' that he believed would enable Muslims
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...
to think critically and apply their own individual interpretations of the innovations of modernity in the context of Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
.
One modernist argument for applying ijtihad to sharia law is that while "the principles and values underlying Sharia (i.e. ''usul al-fiqh'')" are unalterable, human interpretation of sharia is not. Another, (made by Asghar Ali Engineer
Asghar Ali Engineer (10 March 1939 – 14 May 2013) was an Indian reformist writer and social activist.
Internationally known for his work on liberation theology in Islam, he led the Progressive Dawoodi Bohra movement. The focus of his work was ...
of India), is that the ''adaat'' (customs and traditions) of Arabs were used in the development of the sharia, and form an important part of it. They are very much not divine or immutable, and have no more legal justification to be part of the sharia than the ''adaat'' of Muslims -- Iranians, Uzbeks, Turks, Chinese, Indians and others -- living beyond the home of the original Muslim in the Arab Hejaz
The Hejaz (, also ; ar, ٱلْحِجَاز, al-Ḥijāz, lit=the Barrier, ) is a region in the west of Saudi Arabia. It includes the cities of Mecca, Medina, Jeddah, Tabuk, Yanbu, Taif, and Baljurashi. It is also known as the "Western Provin ...
.
In Indonesia, following considerable debate among the ulema
In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of religious ...
, Indonesian ''adaat'' "become part of Sharia as applicable in that country". This use of ijtihad of ''adaat'' applies to '' mu’amalat'' (socio-economic matters such as marriage, divorce, inheritance), and not ''Ibadah
''Ibadah'' ( ar, , ''‘ibādah'', also spelled ''ibada'') is an Arabic word meaning service or servitude. In Islam, ''ibadah'' is usually translated as "worship", and ''ibadat''—the plural form of ''ibadah''—refers to Islamic jurispru ...
'' fiqh (ritual salat, sawm
In Islam, fasting (known as ''Sawm'', ar, ; . Or ''Siyam'', ar, ; , also commonly known as Rūzeh or Rōzah, fa, روزه in non-Arab Muslim countries) is the practice of abstaining, usually from food, drink, smoking, and sexual activity. ...
, zakat
Zakat ( ar, زكاة; , "that which purifies", also Zakat al-mal , "zakat on wealth", or Zakah) is a form of almsgiving, often collected by the Muslim Ummah. It is considered in Islam as a religious obligation, and by Quranic ranking, is ...
, etc.). Asghar Ali Engineer argues that while the Quran was revealed in a "highly patriarchal" Arab ''adaat'' that still informs what is understood as sharia, the Quran itself has a "transcendental" vision of justice that includes "absolutely equal rights" between genders and should guide ijtihad of sharia.
Islamism and Salafism
Contemporary Salafis
The Salafi movement or Salafism () is a reform branch movement within Sunni Islam that originated during the nineteenth century. The name refers to advocacy of a return to the traditions of the "pious predecessors" (), the first three generati ...
are major proponents of ''ijtihad''. They criticize ''taqlid'' and believe ''ijtihad'' makes modern Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
more authentic and will guide Muslims back to the Golden Age of early Islam. Salafis
The Salafi movement or Salafism () is a reform branch movement within Sunni Islam that originated during the nineteenth century. The name refers to advocacy of a return to the traditions of the "pious predecessors" (), the first three generati ...
assert that reliance on ''taqlid'' has led to Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
's decline.
Ahl-i-Hadith revivalist movement of subcontinent
A continent is any of several large landmasses. Generally identified by convention rather than any strict criteria, up to seven geographical regions are commonly regarded as continents. Ordered from largest in area to smallest, these seven ...
highly influenced by the thoughts of Shah Waliullah Dehlawi, Shawkani and Syed Ahmed Barelvi, fully condemn ''taqlid
''Taqlid'' (Arabic تَقْليد ''taqlīd'') is an Islamic term denoting the conformity of one person to the teaching of another. The person who performs ''taqlid'' is termed ''muqallid''. The definite meaning of the term varies depending on con ...
a''nd advocate for ''ijtihad'' based on scriptures. Founded in mid-19th century in Bhopal, it places great emphasis on hadith studies and condemns imitation to the canonical law schools. They identify with the early school of Ahl al-Hadith
Ahl al-Ḥadīth ( ar, أَهْل الحَدِيث, translation=The People of Hadith) was an Islamic school of Sunni Islam that emerged during the 2nd/3rd Islamic centuries of the Islamic era (late 8th and 9th century CE) as a movement of hadith ...
. During the late 19th century, Najdi scholars would establish contacts with Ahl-i-Hadith and many Najdi students would study under the scholars of Ahl-i-Hadith, amongst them prominent scholars.
The Muslim Brotherhood traces its founding philosophies to al-Afghani's ''ijtihad''. The Muslim Brotherhood holds that the practice of ''ijtihad'' will strengthen the faith of believers by compelling them to better familiarize themselves with the Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
and come to their own conclusions about its teachings. But as a political group the Muslim Brotherhood faces a major paradox between ''ijtihad'' as a religious matter and as a political one. ''Ijtihad'' weakens political unity and promotes pluralism, (which is also why many oppressive regimes reject ''ijtihad''s legitimacy).
The Iranian Ayatollah Ruhollah Khomeini envisioned a prominent role for ''ijtihad'' in his political theory of " guardianship of the jurist" (''vilāyat-e faqīh'').[
Osama Bin Laden supported ''ijtihad''. He criticized the Saudi regime for disallowing the "free believer"] and imposing harsh restrictions on successful practice of Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
. Thus, Bin Laden believed his striving for the implementation of ''ijtihad'' was his "duty" (''takleef
''Ahkam'' (, ar, أحكام "rulings", plural of ()) is an Islamic term with several meanings. In the Quran, the word ''hukm'' is variously used to mean arbitration, judgement, authority, or God's will. In the early Islamic period, the Khar ...
'').
Qualifications of a mujtahid
A ''mujtahid'' ( ar, مُجْتَهِد, " diligent") is an individual who is qualified to exercise ''ijtihad'' in the evaluation of Islamic law. The female equivalent is a ''mujtahida''. In general ''mujtahids'' must have an extensive knowledge of Arabic, the Qur'an, the Sunnah, and legal theory (Usul al-fiqh
Principles of Islamic jurisprudence, also known as ''uṣūl al-fiqh'' ( ar, أصول الفقه, lit. roots of fiqh), are traditional methodological principles used in Islamic jurisprudence (''fiqh'') for deriving the rulings of Islamic law (''s ...
). Sunni Islam and Shia Islam, due to their divergent beliefs regarding the persistence of divine authority, have different views on ''ijtihad'' and the qualifications required to achieve ''mujtahid''. In order to clarify how ''ijtihad'' differs in Sunni and Shia Islam it is necessary to explore the historical development of this position in both branches.
Sunni
In the years following the death of Muhammad
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, di ...
, Sunni Muslims practiced ''ijtihad'' and saw it as an acceptable form of the continuation of sacred instruction. Sunni Muslims justified practice of ''Ijtihad'' with a particular hadith, which cites Muhammad's approval of forming an individual sound legal opinion if the Qur'an and Sunnah contain no explicit text regarding that particular issue. As Muslims turned to the Quran and Sunnah to solve their legal issues, they began to recognize that these Divine proponents did not deal directly with certain topics of law. Therefore, Sunni jurists began to find other ways and sources for ''ijtihad'' which allowed for personal judgment of Islamic law. Thus, a legal theory (''usul al-Fiqh
Principles of Islamic jurisprudence, also known as ''uṣūl al-fiqh'' ( ar, أصول الفقه, lit. roots of fiqh), are traditional methodological principles used in Islamic jurisprudence (''fiqh'') for deriving the rulings of Islamic law (''s ...
'') was developed during the classical period to facilitate ''Ijtihad''. It established a coherent system of principles through which a jurist could extract rulings on upcoming issues. Only a competent Muslim of sound mind with intellectual qualifications was allowed to engage in ''Ijtihad''. Abu'l-Husayn al-Basri (d. 436/1044) provides the earliest, complete account for the qualifications of a ''mujtahid'', in his book "''al-Mu'tamad fi Usul al-Fiqh''".
They include:
* Enough knowledge of Arabic so that the scholar can read and understand both the Qur'an and the Sunnah.
* Extensive comprehensive knowledge of the Qur'an and the Sunnah. More specifically, the scholar must have a full understanding of the Qur'an's legal contents. In regards to the Sunnah the scholar must understand the specific texts that refer to law and also the incidence of abrogation in the Sunnah.
* Must be able to confirm the consensus (''Ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur' ...
'') of the Companions, the Successors, and the leading Imams and mujtahideen of the past, in order to prevent making decisions that disregard these honored decisions made in the past.
* Should be able to fully understand the objectives of the sharia and be dedicated to the protection of the five necessities, which are life, religion, intellect, lineage, and property.
* Be able to distinguish strength and weakness in reasoning, or in other words exercise logic.
* Must be sincere and a good person.
After Basri, classical ''Mujtahids'' like Al-Shirazi (d. 467/1083), Al-Ghazzali
Al-Ghazali ( – 19 December 1111; ), full name (), and known in Persian-speaking countries as Imam Muhammad-i Ghazali (Persian: امام محمد غزالی) or in Medieval Europe by the Latinized as Algazelus or Algazel, was a Persian polymat ...
(d. 505/1111), Al-Amidi (d. 632/1234) would also develop various criterion with minor changes. Amidi also allowed less qualified ''Mujtahids'' who didn't meet these requirements to solve issues provided he has the tools of solution. From the declaration of these requirements of ''mujtahid'' onwards, legal scholars adopted these characteristics as being standard for any claimant of ''ijtihad''. This allowed for ''mujtahids'' to openly discuss their particular views and reach a conclusion together. The interaction required by ''ijma'' allowed for ''mujtahids'' to circulate ideas and eventually merge to create particular Islamic schools of law (''madhhab
A ( ar, مذهب ', , "way to act". pl. مَذَاهِب , ) is a school of thought within ''fiqh'' (Islamic jurisprudence).
The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali.
They emerged in the ninth and tenth centuries CE a ...
s''). This consolidation of ''mujtahids'' into particular ''madhhabs'' prompted these groups to create their own distinct authoritative rules. These laws reduced issues of legal uncertainty that had been present when multiple ''mujtahids'' were working together with one another. Oftentimes, multiple rulings would be issued by jurists of the same legal school. Historical records show that throughout the tenth to nineteenth centuries, legal practitioners had consistently modified law using degrees of ''Ijtihad'', making it flexible and adaptable to change. Eventually, there developed a legal system of authoritative rulings on which influential jurists agreed. However, by the 14th century, while influential jurists held that knowledgeable legal scholars should be allowed to engage in ''Ijtihad ,'' some others began to argue that there were no longer any legal scholars capable of performing ''Ijtihad'' beyond a certain limit as the founders of the four '' mad'habs''. Despite this dispute, many high-ranking jurists upheld the practice of ''Ijtihad'' in legal rulings.
Recent scholarship has largely adopted this view, concluding that ''Ijtihad'' was indispensable in Islamic legal theory. Rather than obstructing ''Ijtihad'', the legal theory as well as its stipulated qualifications facilitated ''Ijtihad''.
Shia
Shia
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, mo ...
Muslims understand the process of ''ijtihad'' as being the independent effort used to arrive at the rulings of sharia. Following the death of the Prophet and once they had determined the Imam as absent, ''ijtihad'' evolved into a practice of applying careful reason in order to uncover the knowledge of what ''Imams'' would have done in particular legal situations. The decisions the ''Imams'' would have made were explored through the application of the Qur'an, Sunnah, ''ijma'' and '' 'aql'' (reason). It was not until the end of the eighteenth century that the title of ''mujtahid'' became associated with the term ''faqih'' or one who is an expert in jurisprudence. From this point on religious courts began to increase in number and the ulama were transformed by Shia Islamic authorities into the new producer of ''ijtihad''. Early Shiite theologians had denounced Sunni interpretative tools like ''Ijtihad'' and '' Qiyas'' ( analogical reasoning) citing reports from the Shi'i Imams. They held that ''Ijtihad'' was a deductive process based on personal conjecture to argue that it had no legal basis in the shari‘a (Islamic law). Therefore, until the 13th century, the concept of Ijtihad was denounced disparagingly by the Shi'i jurists, who wanted to construct a systematic and stable legal edifice that was devoid of any uncertainty. However, with the passage of time some Shia jurists sensed the need to respond to newer and novel circumstances.
According to ''Usuli'' scholars, ''Mujtahids'' existed continuously since the 16th century and employed ''Ijtihad'' to form new laws according to altering circumstances. From the late 18th century, ''Usuli'' jurists had advocated for appending '' 'Aql'' (intellect) as the fourth source of law. This enabled them to issue legal opinions based on societal needs. The '' Akhbari'' school rejected the idea of human intellect playing any role in legal reasoning. In order to produce perceptive ''mujtahids'' that could fulfill this important role, ''Usulis'' developed the principles of Shia jurisprudence (''Usool'') to provide a foundation for scholarly deduction of Islamic law
Shaykh Murtada Ansari
and his successors developed the school of Shia law, dividing the legal decisions into four levels of certainty (''qat''), valid conjecture (''zann''), doubt (''shakk''), and erroneous conjecture (''wahm''). These rules allowed ''mujtahids'' to issue adjudications on any subject, that could be derived through this process of ''ijtihad'', demonstrating responsibility to the Shia community. Furthermore, according to Shia Islamic Jurisprudence a believer of Islam is either a ''Mujtahid'' (one that expresses their own legal reasoning), or a ''Muqallid'' (one performing taqlid -- following or imitating a Mujtahid) and a ''Muhtat'' ("a lay Shiite who does not follow anyone, yet acts on such precaution that assures him the fulfilment of his religious obligations"). Most Shia Muslims qualify as ''Muqallid'', and therefore are very dependent on the rulings of the ''Mujtahids''. Therefore, the ''Mujtahids'' must be well prepared to perform ''ijtihad'', as the community of ''Muqallid'' are dependent on their rulings. Not only did Shia Muslims require:
* Knowledge of the texts of the Qur'an and Sunnah
* Justice in matters of public and personal life
* Utmost piety
* Understanding of the cases where Shia ''mujtahids'' reached consensus
* Ability to exercise competence and authority
However, these scholars also depended on further training that could be received in religious centers called Hawza. At these centers they are taught the important subjects and technical knowledge a ''mujtahid'' need be proficient in such as:
* Arabic grammar and literature
* Logic
* Extensive knowledge of the Qur'anic sciences and Hadith
* Science of narrators
* Principle of Jurisprudence
* Comparative Jurisprudence
Therefore, Shia ''mujtahids'' remain revered throughout the Shia Islamic world. The relationship between the ''mujtahids'' and ''muqallids'' continues to address and solve the contemporary legal issues. Participating in ijtihad, however, has been cautioned by scholars for those not properly educated in interpretation of the Qu'ran. This is narrated by Ali ibn Husayn Zayn al-Abidin
ʿAlī ibn al-Ḥusayn Zayn al-ʿĀbidīn ( ar, علي بن الحسين زين العابدين), also known as al-Sajjād (, ) or simply as Zayn al-ʿĀbidīn (), , was an Imam in Shiʻi Islam after his father Husayn ibn Ali, his uncle Hasan ...
, the great-grandson of Muhammad, when he cautioned Aban ibn abi-Ayyash, a fellow companion, saying, "Oh brother from 'Abd Qays, if the issue becomes clear to you, then accept it. Otherwise remain silent and defer to Allah because your interpretation from the truth will be as far from the Earth as the sky."
Female ''mujtahids''
Women can be ''Mujtahid'' and throughout Islamic history there were well known female Islamic scholars and ''Mujtahids'' who played an important role in traditional Islamic discourse. Aisha, the wife of Prophet Muhammad was a well-known hadith scholar and a ''Mujtahid''. She was an assertive, intelligent woman as well as an eloquent speaker. According to Urwah Ibn Zubair, Aisha was the most knowledgeable in ''hadith'' and ''fiqh'' and surpassed everyone in knowledge of poetry and medicine. Al-Zuhri al-Zuhri is an Arabic name which may refer to:
*Ibn Shihab al-Zuhri, 8th-century hadith scholar and jurist
*Ahmad ibn Abi Bakr al-Zuhri (767–856), 9th-century Maliki jurist
* Muhammad ibn Abi Bakr al-Zuhri, 12th-century Andalusian geographer
See ...
studied under the well-known woman jurist of the day, Amrah bint Abdul Rahman. She was one of the most knowledgeable people of hadith and was described as an "ocean of knowledge". When the judge of Madinah heard Amrah's message, he did not feel the need to get a male opinion, although Madinah was then housing the famous Seven Jurists. Islamic scholar Akram Nadwi published a 40-volume biographical collection of female Muslim scholars wherein more than 8,000 female scholars were detailed. Other famous female ''Muhadditha'' and jurists include Zainab bint Kamal, Fatima Al Batayahiyyah, Fatimah bint Muhammad al Samarqandi, etc. Fatima Al Fihiriyya founded the University of Qarawiyyin in Fez
Fez most often refers to:
* Fez (hat), a type of felt hat commonly worn in the Ottoman Empire
* Fez, Morocco (or Fes), the second largest city of Morocco
Fez or FEZ may also refer to:
Media
* ''Fez'' (Frank Stella), a 1964 painting by the moder ...
in 859, world's first academic university that offered a degree. Scholars such as Umm al-Darda
Umm al-Darda al-Kubra (Arabic: أم الدرداء الكبرى) was a companion of prophet Muhammad. She was a prominent jurist during the 7th century in Damascus.
One of her students, ʿAbd al-Malik ibn Marwān, was the 5th Umayyad caliph. He s ...
used to sit and debate with male scholars in the mosque. She was a teacher of hadith and Fiqh and also lectured in the men's section. One of her students was a Caliph
A caliphate or khilāfah ( ar, خِلَافَة, ) is an institution or public office under the leadership of an Islamic steward with the title of caliph (; ar, خَلِيفَة , ), a person considered a political-religious successor to th ...
.
In Shiism
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most ...
, there have been dozens of women who have attained the rank in the modern history of Iran (for instance, Amina Bint al-Majlisi
Amina Begum Bint al-Majlisi was a female Safavid mujtahideh. She was the daughter of the great Safavid religious scholar Mulla Muhammad Taqi Majlisi and granddaughter of the mujtahideh Zubaiyda, who was in turn the daughter of the great ph ...
in the Safavid era, Bibi Khanum in the Qajar era, Lady Amin
Hajiyeh Seyyedeh Nosrat Begum Amin, also known as Banu Amin, Lady Amin ( fa, بانو امين; 1886–1983), was Iran's most outstanding female jurisprudent, theologian and great Muslim mystic ( ‘arif) of the 20th century, a ''Lady Mujtahide ...
in the Pahlavi era, and Zohreh Sefati
Zohreh Sefati is a female Mujtahida. Sefati is a member of the Women's Socio-Cultural Council and a representative to the Supreme Council of Cultural Reforms.
Personal and Education Life
Sefati was raised in a religious family. She was born in ...
during the time of the Islamic Republic).[See: Mirjam Künkler and Roja Fazaeli, “The Life of Two Mujtahidas: Female Religious Authority in 20th Century Iran”, in ''Women, Leadership and Mosques: Changes in Contemporary Islamic Authority'', ed. Masooda Bano and Hilary Kalmbach ( Brill Publishers, 2012), 127-160. ] There are diverging opinions as to whether a female ''mujtahid'' can be a marjaʻ or not. Zohreh Sefati
Zohreh Sefati is a female Mujtahida. Sefati is a member of the Women's Socio-Cultural Council and a representative to the Supreme Council of Cultural Reforms.
Personal and Education Life
Sefati was raised in a religious family. She was born in ...
and some male jurists believe a female ''mujtahida'' can become a ''marja‘'' — in other words, they believe that believers perform ''taqlid'' (emulation) of a female mujtahid— but most male jurists believe a ''marjaʻ'' must be male.
See also
References
Notes
Citations
Further reading
* Wael Hallaq
Wael B. Hallaq is the Avalon Foundation Professor in the Humanities at Columbia University, where he has been teaching ethics, law, and political thought since 2009. He is considered a leading scholar in the field of Islamic legal studies, and has ...
: “Was the Gate of Ijtihad Closed?”, ''International Journal of Middle East Studies'', 16, 1 (1984), 3–41.
* Glassé, Cyril, ''The Concise Encyclopaedia of Islam'', 2nd Edition, Stacey International, London (1991)
* Goldziher, Ignaz (translated by A And R Hamori), ''Introduction to Islamic Theology and Law'', Princeton University Press, Princeton New Jersey (1981)
* Kamali, Mohammad Hashim ''Principles of Islamic Jurisprudence'', Islamic Texts Society
The Islamic Texts Society (ITS) is a peer-reviewed, British publishing house which concentrates on academic and general titles on Islam. It is registered as an educational charity in the UK.
History
The Islamic Texts Society was founded in Cam ...
, Cambridge (1991) .
* Carlos Martínez, “Limiting the Power of Religion from Within: Probabilism and Ishtihad,” in ''Religion and Its Other: Secular and Sacral Concepts and Practices in Interaction''. Edited by Heike Bock, Jörg Feuchter, and Michi Knecht (Frankfurt/M., Campus Verlag, 2008).
External links
Ijtihad against the Text
An Introduction to Islamic Law by Joseph Schacht
Opening the doors of Ijtihad, essay by Fred Dallmayr on www.resetdoc.org
{{Authority control
Arabic words and phrases in Sharia
Hawza
Islamic philosophy
Islamic terminology
Legal interpretation
Islamic courts and tribunals
Islamic jurisprudence