{"id":22668,"date":"2025-04-16T10:25:24","date_gmt":"2025-04-16T10:25:24","guid":{"rendered":"https:\/\/wim.no\/uncategorized\/ijtihad-and-mujtahid\/"},"modified":"2025-04-16T10:25:24","modified_gmt":"2025-04-16T10:25:24","slug":"ijtihad-and-mujtahid","status":"publish","type":"post","link":"https:\/\/wim.no\/en\/literature\/6-jurisprudence-and-methodology\/ijtihad-and-mujtahid\/","title":{"rendered":"Ijtihad and Mujtahid"},"content":{"rendered":"
\n

The island group of Trinidad is subject to British administration and British law. Those who want to work in a public institution in this country must be qualified in and have knowledge of British law, depending on the position they occupy. For example, if someone wants to take up a position as a police constable, he will have to have studied all or part of the criminal law before he can start in his position. Therefore, a police constable in the country can say that he has knowledge of the law he enforces. But, is it still possible to assume that the person in question is also qualified for a position as a judge, or a minister of justice? If a sergeant were the equal of a lawyer, we would not need to have a law faculty or such universities in general. <\/p>\n

No one can be given the right to interpret such law, which is in constant flux and is being revised and changed from day to day, unless he is a fully qualified jurist, or indeed, unless he has completed and mastered even higher studies in the philosophy of law, history of law, sociology of law, and can truly claim to be on the same level as professors and doctors in the subject. So, how pitiful it is, when people can pretend to claim that ijtihad (i.e. interpretation of God’s revealed law and the derivation of new laws from it) can be done by an arbitrary X, Y, Z. A hair-raising assumption that can probably only come from those who have little respect for God and His Law! <\/p>\n

Definition<\/strong><\/b><\/p>\n

The word ijtihad comes from its root word JHD (pronounced: jahada), and means \u201cto strive with full effort\u201d. In Islamic legal terminology, this refers to the attempt to choose, in the light of the Quran and the Sunnah, between two or more different legal interpretations, and to deduce from the Quran and the Sunnah of the Prophet new laws for new situations. One who performs ijtihad is called a mujtahid. <\/p>\n

Mujtahids kvalifikasjoner<\/strong><\/b><\/p>\n

De l\u00e6rde i islam har nedtegnet, i lys av Koranen og profetens (fred v\u00e6re med ham) sunnah, en del kvalifikasjoner som en person er n\u00f8dt til \u00e5 ha for \u00e5 ut\u00f8ve ijtihad<\/em> og bli akseptert som en mujtahid<\/em>. Allama Shah Waliullah av Delhi (m\u00e5tte Allah velsigne ham) har skrevet om disse kvalifikasjonene p\u00e5 en detaljert m\u00e5te i den kjente boken Hujjaatullah al-baligha<\/em>. Jeg vil her oppsummere innholdet i boka slik at det er til nytte for de av v\u00e5re br\u00f8dre og s\u00f8stre som er misledet til \u00e5 tro at de kan p\u00e5ta seg rollen som en mujtahid<\/em>. <\/p>\n

Let those who have imagined that they can assume the role of a mujtahid without further ado, and who condemn the great work that the Imams have done for us simply because they fail to accept that they truly systematized and codified the Islamic sciences, pause for a moment and consider the following; the qualifications that scholars believe a mujtahid must have as a minimum:<\/p>\n

    \n
  1. He should be an expert in Arabic language, Arabic literature and philology, so that he can decide completely between different meanings of one and the same word.<\/li>\n
  2. He should be of a high caliber in terms of knowledge of the Quran, and his study of it should be so intensive and exhaustive that when presented with a problem, he is able to envision the entire content of the Quran and all relevant verses.<\/li>\n
  3. He should have the traditions of the Prophet (peace be upon him), hadiths, memorized, so that when he is to deduce the solution to a problem, he is able to have all the relevant hadiths, even those that are indirectly relevant, before him in a crystal clear and distinct manner so that they guide his thought process correctly and exhaustively.<\/li>\n
  4. Furthermore, he should be an expert in the disciplines of historical criticism, riwayat, and logical criticism, dirayat, so that he can see the full value and significance of various hadiths by studying them in relation to a given issue.<\/li>\n
  5. Last but not least, he must be humble, a pious Islamic figure with a heart filled with what the Quran refers to as \u201cpiety.\u201d<\/li>\n<\/ol>\n

    So, my friends, if a person claims to be a mujtahid but does not possess even a tenth of these qualifications, what else can we call him if not a blind man?<\/p>\n

    Allama Shah Waliullah of Delhi, a renowned thinker, theologian and jurist, respected for his knowledge by both Arab and non-Arab scholars, indeed had all such qualifications. But his humility and definite piety resulted in him never assuming the title of mujtahid, but continued to be a follower, a muttabi, of the school of law of Imam Abu Hanifa and referred others to the same. The school of law has guided Muslim states for centuries, and has been developed, revised and refined into a perfect system. <\/p>\n

    Qaladah and Taqleed<\/strong><\/b><\/p>\n

    Qaladah and taqleed are two related Arabic terms. The word Qaladah means \u201ca rope or chain that is attached to someone\u2019s neck so that they are followed\u201d. Taqleed refers to the act of following itself. As a religious term, it can be understood as \u201cthe servants of Allah connected by their common obedience to Allah, and who receive Allah\u2019s law through a certain chain (of persons)\u201d. <\/p>\n

    This means that when someone says that they are a muqallid of, or taqleed of, Imam Abu Hanifa, they are to be understood as following the law of Allah through the chain (of people) that goes through Imam Abu Hanifa all the way back to the Prophet Muhammad (peace be upon him). This does not mean that he follows the law of Imam Abu Hanifa. Absolutely not. The Islamic law is only given to us by Allah and the understanding has been taught to us by the Prophet Muhammad (peace be upon him). The interpretations of this are given by the companions of the Prophet, while the Hanafi school of law represents the systematization of these according to the Hanafi method. The work of a scholar, an alim, or a mufti is to acquire knowledge through such a chain and to guide the people in relation to this. <\/p>\n

    What should I do if someone today asks me a question that requires an answer from Islamic law? At least I have no way of giving him an answer based on my own good will, mood, or what I consider to be reasonable. My role, in all its simplicity, is only to convey the law that Allah has given, and to guide people on the basis of this revealed Guidance. Even such a function requires me to possess a certain authority and certain qualifications: <\/p>\n

      \n
    1. If I am asked a question that can be related to a verse from the Quran, I can answer it since I have authority for this through an unbroken chain (of scholars) all the way back to the Prophet (peace be upon him).<\/li>\n
    2. If someone asks me about a problem that can be related to Quranic exegesis, tafsir, or to the sciences that can be related to hadiths, then here too I have authority through an unbroken chain traceable back to the Prophet (peace be upon him)<\/li>\n
    3. Similarly, if I am asked about a problem relating to Islamic law as formulated in the Hanafi, Maliki, Shafi’i or Hanbali schools of law, I can answer this with the authority I have through an unbroken chain running through the four Imams all the way back to the Prophet (peace be upon him).<\/li>\n<\/ol>\n

      My entire life, my character, and the lives of my teachers through whom I acquired my knowledge of Islamic law are available for scrutiny. The laws and regulations I bring to you are not in reality from me. It is the law as it was sent down by Allah through the Prophet (peace be upon him). In Islamic jurisprudence, I know all the parts of the law as formulated in the great Hanafi works Al-Hidaya, Fath al-Qadeer, Durr al-Mukhtar or Radd al-Muhtar. <\/p>\n

      What is the significance of these works in Islamic jurisprudence, fiqh? They are manuals in which the law of Allah is elaborated in a detailed manner as the Prophet (peace be upon him) originally told and formulated it to man. They are compendia and works that provide a ready-made and clear answer to the problems we may have. <\/p>\n

      The argument so far\u2026<\/strong><\/b><\/p>\n

      Although this prolongs the discussion, I will reiterate the argument I have presented so far:<\/p>\n

        \n
      1. The Holy Quran is the primary reference for Islamic law. The explanation and exposition of what the Quran teaches us is called ilm al-tafsir (the discipline of exegesis). There are countless such works and books, the most famous of which are the classic works Tafsir Tabari, Tafsir Baidawi, Tafsir Kashshaf and Tafsir Ma\u2019alim al-Tanzeel. <\/li>\n
      2. The explanation and detailed exposition of the teachings of the Qur’an as they have come down to us through the Prophet (peace be upon him), through his sayings and his actions, becomes the second primary source of Islamic knowledge. The discipline that deals with this extensive literature is called ilm al-hadith (the science of hadith). There are many such works that have collected the traditions of the Prophet. The best known classic works of these are Sahih Bukhari, Sahih Muslim, Abu Da’wud, Tirmidhi, Ibn Majah, Imam Malik’s Muwatta, Imam Abu Hanifa’s Musnad, Imam Ahmad’s Musnad. There are several compendia where the traditions have been arranged alphabetically such as Kanz al-Ummal and Bihar al-Anwar. There are also compilations where the hadiths are arranged in a third way, such as Ma\u2019ani al-Asar.<\/li>\n
      3. The discipline that deals with the biographies of those who have related (narrated) the traditions, or hadiths, so that they can be evaluated, is known as the science of asma al-rijal. There are many classic works on this, and Imam ibn Hajar al-Asqalani’s Tahdhib al-Tahdhib is the most famous of these and is indispensable for any student of hadith. <\/li>\n
      4. The science that deals with the grading of hadiths (in sahih, hasan, gharib, ahad, mutawatir, etc.) is called usul al-hadith.<\/li>\n
      5. The science that deals with the principles of the Quran and the hadiths is known as usul al-fiqh (roots\/sources of law), and there are several classic works and commentaries on the subject.<\/li>\n
      6. When laws are derived and deduced from the Quran and Hadith according to the rules stipulated in usul al-fiqh, and they are arranged and systematized as a legal text, this discipline is called ilm al-fiqh (jurisprudence). There are countless classical works and several handbooks on this. <\/li>\n<\/ol>\n

        What is the point of mentioning all this? The point of mentioning these classifications is simply to give the naive brothers and sisters who are being misled and thrown into confusion about the Islamic schools of law by some unscrupulous people. These seek to establish their own authority and leadership, assert themselves, and the result is nothing but confusion and unrest in the ranks. Some of these have their own sectarian agendas as driving factors. Many of them are ignorant of the Islamic sciences and the best way they establish leadership for themselves is to dismiss the significance of all these detailed and intricate disciplines. Some of them are so unscrupulous that they attribute false motives to the Imams, calling them \u201cgods besides Allah\u201d. They criminally accuse the majority of Muslims who follow a school of law of shirk and polytheism. Even a blind man can see how far these individuals have gone! Even the least intelligent person can realize that they are engaging in deception with their utterances and positions. Any ordinary Muslim can realize that: <\/p>\n

          \n
        1. When the exegete of the Quran works with verses from the Holy Quran in relation to linguistic and grammatical principles and in the light of the traditions of the Prophet (peace be upon him), he does nothing but follow the command of the Quran which says: \u201cWill they not then reflect upon the Quran?\u201d (47:24)<\/li>\n
        2. When a scholar of hadith, a muhaddith, makes an effort to understand the words and actions of the Prophet (peace be upon him) recorded in the hadiths, this is in accordance with the Quranic verse which says: \u201cWhoever obeys the Messenger, has obeyed Allah.\u201d (4:80)<\/li>\n
        3. When a scholar of asma al-rijal works to examine and scrutinize the reliability of the narrators of hadith, a rawi, this is in accordance with the Quranic principle of not accepting a report without extensive investigation. (49:6)<\/li>\n
        4. When the scholar applies the science of usool al-hadith to grade and evaluate the traditions and to set up the categories of fard, sunnah, mustahab, permissible, impermissible, partially permissible, etc. for practical problems, this is based on the Quranic command: \u201cAnd what the Messenger gives you, take it, and what he forbids you, abstain from it.\u201d (59:7)<\/li>\n
        5. When the scholar of usul al-fiqh establishes the principles of Islamic law in order to elaborate on the practical issues of religion, this is in consideration of the injunction of the Quran: \u201cBut why does not a group from every group go forth to acquire knowledge of religion\u2026\u201d (9:122)<\/li>\n
        6. When the Imams of Fiqh systematize the religious injunctions of Islam in the light of usool al-fiqh, they are carrying out the command of the Quran, as the verse quoted above continues:
          \n\u201c\u2026and that they may warn their people when they return to them, so that they may be mindful!\u201d (9:122)<\/li>\n<\/ol>\n

          Those Imams are only continuing the call of the Holy Prophet (peace be upon him) as referred to in the verse: \u201cO Messenger, proclaim what has been revealed to you from your Lord!\u201d (5:67)<\/p>\n

          When the Imams teach Islam to people, they are obeying the command of the Prophet (peace be upon him): \u201cVerily! Let the one who is present convey the message to the one who is absent.\u201d <\/p>\n

          When the Imams systematize Islamic law, they do so to prevent people from falling into the abyss of misguidance and to simplify their understanding of the religion, and they do so precisely according to the Quran’s recommendation:<\/p>\n

          Call to the ways of the Lord with wisdom and beautiful exhortation! Argue with them in the best way! The Lord knows best who has strayed from His path and who is on the right path. (16:125)<\/p>\n

          Let us examine this a little more closely. Let us suppose that a Muslim goes to a Muslim scholar and asks him about the ruling of Islamic law on something related to worship or some other human activity. What procedural approach should the scholar take to such an inquiry? Can one use the following approach as a standard template in all such cases? When the inquirer comes to a scholar, an alim, and asks a question, the scholar should take out the Quran, study it in detail so that he can extract and present relevant verses and then show these to the inquirer. <\/p>\n

          The scholar then proceeds to analyze the verses according to linguistic, logical and historical principles. Then to study the entire hadith literature consisting of hundreds of thousands of traditions and then select the traditions that are relevant. Then he examines the authenticity of the traditions in the light of historical and logical criticism, applying the principles to select which traditions to choose over others. Then the question is given a precise legal formulation before all the knowledge, drawn from the primary sources the Quran and the hadith, according to recognized principles and methods, is applied to formulate the Islamic law on the question in question. Then the whole procedure is explained to the questioner so that he sees with certainty that the answer is extracted from the Quran and the Sunnah. Only then may the questioner feel that he has avoided taqleed and that he has received guidance directly from the Quran and the Sunnah. The thing is, however, that despite this procedure, the questioner has done taqleed! He has received the answer through the scholar as a medium! <\/p>\n

          While one might now imagine that it is reasonable to use such a procedure for every inquiry a scholar receives, a random imam would not be capable of working according to such a procedure. Or does a random imam have the extensive knowledge and deep insight necessary to work according to the aforementioned approach? What if we go a step further and assume that a random Muslim would have the knowledge necessary to be able to compare himself with the scholar’s endeavor, so that he could claim to have received the knowledge directly from the Quran and Sunnah, and have avoided taqleed completely? <\/p>\n

          Can one deny the Quranic statement that: \u201cAre they equal, those who know and those who do not know?\u201d (39:9) Now tell me if it is even possible for you to emulate the above-mentioned interpretive procedure as a normal and everyday routine, on your countless everyday questions?<\/p>\n

          And let me also ask you what you would do if you encountered a problem related to the British law applicable in your own state? When you were going to sue someone, would you contact a lawyer so that he could explain to you all the relevant sections of the law, its origin, historical background, the law\u2019s various interpretations as given by legal authorities, various decisions given by judges over the years, and so on? Well, you would probably present your case to your lawyer, discuss it a bit with him, and consider such digressions to be irrelevant and uninteresting. It would be the lawyer\u2019s job to apply the law with his interpretation when he argues his case in court. Could he then be accused of wrongfully assuming the role of a legislative body? Or could the authors of the law be accused of wrongfully assuming such authority? <\/p>\n

          The answer is probably no (it can only be no), so how can one accuse the Imams of usurping the authority of Allah and His Prophet (peace be upon him)? Let me state, and let me state empathetically, that when we Imams took away the authority of some people, it was the authority of those who created unrest and confusion in the ranks of the Muslims. They created unrest solely because of personal motives and to mislead the people from the right path. The Imams acted solely as spokesmen for Allah and His Prophet, and whoever follows the Imams today is in fact doing nothing more than following the guidance of the Quran and the Sunnah of the Prophet. The work of the Imams shows that religion has been made easy for us. Thanks to the work in areas such as tafsir, hadith and fiqh, knowledge today in all branches of Islamic law is easily accessible to us, systematized and simplified, and preserved and protected: <\/p>\n

            \n
          1. The text of the Quran is available and preserved down to the smallest letter.<\/li>\n
          2. The commentaries and interpretations of the Quran are available in countless volumes and works.<\/li>\n
          3. The traditions of the Prophet are available in books of hadith and siyar.<\/li>\n
          4. The literature of Asma al-Rijal is available so that we can analyze the hadiths.<\/li>\n
          5. Extensive literature on the principles of hadith and the principles of law is available so that we can understand the methodology required to deduce laws and regulations from the Quran and the Sunnah of the Prophet.<\/li>\n
          6. Major works dealing with theological problems are available to guide us in matters of faith (aqida).<\/li>\n
          7. Comprehensive books on Islamic law are available to guide us in ceremonial and legal matters.<\/li>\n<\/ol>\n

            It is now our duty to practice Islam, which is the purpose of the religion, rather than continuing to waste time on pointless and futile controversies. There can be no doubt that the Holy Quran is like a vast chamber containing all the knowledge we need. At the same time, the traditions of the Prophet are a comprehensive guide. If you want to look for answers to any of your problems from the Quran or the Sunnah of the Prophet, you can certainly find the answer in them. But discovering and extracting an answer from this vast treasury requires ambition, great effort, courage and a thorough expertise in all the necessary sciences and disciplines. This is the key to the knowledge in the chamber. <\/p>\n

            The safest path to knowledge is to seek it in the manuals and books that were produced through centuries of honest research and work done by those who, not only in retrospect, but also in the present, were considered the best and most intellectual among Muslim scholars. Or to seek knowledge through an alim who knows these works. <\/p>\n

            So if you have a problem in understanding the meaning and intent of verses of the Quran, seek the answer in one of the many interpretations. If you want to obtain information about something related to the life of the Holy Prophet, you can obtain it from the authentic books of hadith. If you seek answers regarding questions of faith, you will find much knowledge in the classical works of the Ashari and Maturidi scholars. If you want an answer to a ceremonial or legal problem, then seek the answer within the law books and the framework of the four schools of law, all of which are correct. You will find the answers without the greatest effort. You will certainly discover and realize the beauty of this codification of the sacred law of Islam. <\/p>\n

            I wouldn’t recommend you do like the rat who, after finding (an old) piece of vegetable, claimed to be a full-fledged greengrocer.<\/p>\n

            Remember that the Holy Prophet (peace be upon him) prophesied about the last days in unequivocal terms that: \u201cPeople will appoint ignorant persons as their religious leaders who will give fatwas (legal pronouncements) without knowledge and will mislead themselves and others. Be on your guard against such deceivers.\u201d <\/p>\n

            Om disse personene som ikke engang har nok kunnskaper i arabisk spr\u00e5k, men likefremt fors\u00f8ker \u00e5 v\u00e6re muftier<\/em>, ja selv ikler seg roller som en mujtahid<\/em>, s\u00e5 er de slik profeten profeterte \u201dulver forkledd som mennesker\u201d<\/em>, dobbeltmoralister og ranere av troen. De bedriver det Koranen omtaler som: \u201dden som hvisker (onde) inn i menneskenes hjerter, blant djinner og mennesker\u201d<\/em> (114: 5-6). De er kledd i hyklerskhetens kappe. De snakker om islam gjennom sine lepper, men villeder folk inn i all slags umoral, faktisk mot kufr<\/em> (vantro)! <\/p>\n

            It is the general ignorance of Muslims that creates space for such evil people. However, fortunately, there are always true scholars among us who warn us by exposing these deceivers, as the Prophet prophesied: \u201cA group from among my followers will continue to represent the truth.\u201d <\/p>\n

            In fulfillment of this prophecy, countless brilliant stars have lit up the sky throughout the ages, illuminating the right path, al-Sirat al-Mustaqim, for us.<\/p>\n

            Unfortunately, some groups of Muslims today have lost all sense of reality. They do not have knowledge of the most trivial things in the various Islamic sciences and disciplines, yet, with the greatest audacity, they argue and debate in discussions of Islamic matters with a tone of authority that makes the worst form of madness seem normal. <\/p>\n

            And not only do they pretend to be authorities, but they like to argue with their Muslim brothers and sisters on the basis of their unjustified and unauthorized views and thoughts. They can expand their arguments to such an extent that the community is really harmed and ridiculed by the opponents of Islam. What is also pathetic is that this bickering and debating by these self-proclaimed mujtahids revolves around marginal issues that have no significant relevance to the progress of Islam or the stabilization of the Muslim community. <\/p>\n

            Here I can draw your attention to a historical event that puts it all into perspective.<\/p>\n

            Before the Islamic conquest of Constantinople, the city was the seat of the Byzantine Church and the seat of Christian controversy. They quarreled among themselves over trivial matters of ceremonial and had become a favorite pastime for the clergy. They were busy with just this when the army of Muhammad the Conqueror crossed the Bosphorus. The most eminent were gathered that night in the beautiful church of St. Sophia, and a heated discussion was going on. The subject was whether the bread served in the church should be leavened or unleavened. The fury gradually reached great heights and the debaters tore off each other’s robes, and were obsessed with taking their opponents, both verbally and physically. In the meantime, the army of Muhammad the Conqueror broke through the city walls. This was the final straw for the Byzantine Empire. The church, where these bishops quarreled over trivial matters, became a place of Islamic worship. Not only did these quarrels disappear, but Christianity itself suffered a defeat. <\/p>\n

            I must admit, though I do so with a sorrowful heart, that I find the Muslims in the same condition today. The Muslims have lost the greatness they once had. They are living as if on a ticking time bomb. The antagonistic forces are all busy picking apart their spiritual and moral heritage. The very foundations of Islam are being weakened. The Muslim population is being attacked not only from within but also from without. As by the increasing focus on materialism and materialist modernism. <\/p>\n

            Such a catastrophe can only be averted if Muslims stand united, concentrating on the foundations of Islamic spirituality and morality. They should also invite non-Muslim religious people to cooperate so that the threat posed by the lack of religion can be adequately dealt with. <\/p>\n

            And despite this serious problem, some people will still spend time and resources on bringing marginal issues to the debate table and causing division among Muslims. They really do not realize how much of a negative effect their actions have on Islam. All sincere Muslims should be aware of this and not fall into the temptation of wasting precious time on meaningless activities. <\/p>\n

            In conclusion, I would like to pray that Almighty Allah blesses Muslims with a correct understanding of the religion so that they can distinguish right from wrong, while being protected from harmful influences.<\/p>\n

            [Translated by Omar T. from the original English text: \u201cThe Codification of Islamic Law\u201d, published by Haji Muhammad Ibrahim, Trinidad, 1950]<\/p>\n

            Also read Ijtihad – the duty of every Muslim?<\/strong><\/b><\/a><\/p>\n

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