Lahore: There is scope for ijtihad in Islam. In modern times, there is a great need for ijtihad, says Allama Haqqani, Allama Mousavi’s scholarly discussion in Baaghi TV’s ramadan transmission, Rehmat Hee Rehmat, powered by Q-Mobile.
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According to reports, Allama Abdul Shakoor Haqqani said, let’s shed some light on ijtihad. What it is, and what it is not? That is to say, ijtihad and jihad are the two of the most oppressed terms in the contemporary world, and in their meanings and concepts, two classes have given rise to misunderstandings on the subject.
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He also said that those who want to give Islam such a wide meaning that all the religions of the world should enter Islam and also those who look at Islam so narrowly that, apart from their Imam’s teachings, they should find a misfortune in the teachings. The substance of both the terms jihad and ijtihad is essentially, jihad. That is, to work hard and to try. Jihad is the name of the practical efforts for the domination of Islam, so Ijtihad is the struggle for the intellectual domination of the religion of Islam.
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What is Ijtihad?
Ijtihad is neither the name of increasing the Shari’ah, nor is it the abolition of the Shari’ah. As, contemporary intellectuals think. The ijtihad rule is not the addition of a mujtahid to the Qur’an and Sunnah, nor is the ijtihad rule the only way to make the rules of the Qur’an and Sunnah specific to the time of the Prophet (SAW).
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Ijtihad is the search for the Shari’ah rule in the depths and breadth of the texts of the Qur’an and Sunnah. Understand this in simple words that the word is an ocean and then the words of the Qur’an and Sunnah, what do they say? There is a wealth of meanings in the words of the Qur’an and Sunnah. So when a mujtahid derives a meaning from the word Qur’an and Sunnah, or applies something of that meaning to reality, then the mental effort spent in these two works is called Ijtihad.
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One task is to find the Shari’ah rule from the texts of the Qur’an and Sunnah and the other is to really apply and implement any matter of this Shari’ah rule. Whether it is tahrij al-manat, or tahqiq al-manat, both are forms of ijtihad.
Ahl-e-Ijtihad refers to those who have an understanding of the religion, who have the ability to derive the practical rules of Shari’ah from their sources. This definition excludes anyone who is familiar with the rules of Shari’ah, but does not have the ability to deduce them from the arguments. Such a person will not be called a mujtahid.
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Some of the terms of ijtihad are general, such as intellect, maturity, Islam and court, while some are specific. Such as having the ability to think, and to know the methods of ijtihad, the rules of inference and its sources, such as the Qur’an and Sunnah, the dictionary and the principles of jurisprudence, etc.
There are four types of ijtihad:
First: Absolute Mujtahid. This refers to a scholar who can derive the rules of the religion from the Shari’ah arguments himself and can deduce rules and scientific principles such as Imam Shafi’i and Imam Ahmad (may God have mercy on him).
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Second: A mujtahid (mujtahid per religion) who adopts the religion of an imam. This refers to the mujtahid who is familiar with the fatwas, sayings and principles of this Imam. However, he does not imitate his Imam in the ruling nor in the argument.
Third: A mujtahid who adopts the religion of an imam who does not go beyond the sayings and fatwas of that imam and does not oppose them.
Fourth: In the religion of an Imam, a mujtahid who memorizes his fatwa and has made it obligatory on himself to imitate it in every respect.
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If there is a consensus among Muslims regarding a command of the Qur’an and Sunnah that this command has been given to us by Allah Almighty, then this consensus will be accepted, and this is a complete argument.
Every religious scholar is obliged to make ijtihad and qiyas based on the information obtained. The information that is hidden from him, he is not obliged to make ijtihad and qiyas on the basis of it, because it is beyond his capacity. Of course, a scholar should keep trying to increase his knowledge.
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Ijtihad is the name of the process of knowing the religious rules. If there is no clear command in the Qur’an and Sunnah about something, then ijtihad will be performed and an attempt will be made to reach the right thing.
There may be differences of opinion in ijtihad. When every mujtahid performs ijtihad on the basis of available information, his results may differ from those of other scholars. Each of these scholars will be obliged to follow his own ijtihad and it will not be necessary to follow them according to the opinion of others.
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Ijtihad and Qiyas should be performed only by a scholar who is well acquainted with the rules (of the Qur’an and Sunnah) and knows how to use his intellect to find similarities with these rules.
One should not speculate except one who is fully aware of the basics of speculation. The basis of conjecture is the rules of the Book of Allah, its duties, the etiquette taught in it, its abrogated rules, its general and special rules, and the instructions given by it.
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If any command of the Book of Allah needs to be interpreted and justified while performing Ijtihad, it will be done in the light of the Sunnah of the Prophet (SAW). If the Sunnah is not found, then in the light of the consensus of the Muslims, otherwise by conjecture.
No one is capable of speculation unless he is fully acquainted with the Sunnah, the views of the forefathers, the consensus of the people, their differences, and the Arabic language. The speculator must be sane and this will happen when he is able to distinguish seemingly similar matters. He should not be quick to form an opinion without proof. He should listen to different opinions without any prejudice.
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Man should not lean more towards one opinion until he knows why the opinion he is going to adopt is stronger than the other opinion he is abandoning.
If he has memorized something without understanding it, then he should not speculate because he is not aware of the meaning.
If a person who has a good memory but has a lack of intellect or is not well acquainted with the Arabic language, then the use of analogy is not correct for him because, he has cannot properly used these tools i.e. intellect and the Arabic language, and can’t use what is supposed to be needed.
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If Allah Almighty forbids something small and insignificant, then even something bigger than it will be considered haraam. For example, slandering, slandering and insulting someone by speculating on suspicion, slander, blasphemy, and insulting, will be forbidden.This is the strongest form of qiyas.
If an order is made for an exceptional situation, it will be limited to that case only and will not be speculated.
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It is not permissible for any person to disagree with the rules which are clearly stated in the Qur’an and Sunnah. The second type of matter is that in which different explanations of a verse or hadith are possible, in which speculation can be made and one scholar or speculator adopts one meaning and the other adopts another meaning, then such a difference is permissible.
If the companions of the Prophet (SAW) have different views on an issue, then the view that is closer to the Book of Allah, or Sunnah, or consensus, or based on conjecture, is considered more accurate and will be adopted.
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In response to a question, Allama Haqqani said that if the sperm of the father of the child born in the test tube is inserted into the mother’s womb in a medical manner, it will be permissible and if another man’s sperm is inserted into the woman’s womb, then it will be haraam and unlawful.
Allama Syed Hasnain Mousavi said about Ijtihad:
Ijtihad is an important religious duty. There are different forms of this and there are different strict conditions of these forms which are detailed in the books of Usul Fiqh Wafta, which cannot be listed here. In short, some forms of Ijtihad have always been needed and these forms have always been there. From the texts of the Shari’ah rules of new issues, consensus and speculation is a form of ijtihad that has been done by the leading scholars of the ummah.
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While some other forms of ijtihad are not applicable due to lack of necessity, the consequences of making these forms of ijtihad applicable or inviting such ijtihad are to create suspicion in the Muslims of Islam, to criticize the Salaf and can be found in the case of misleading the previous people of the Ummah, etc. (but are happening), and these results are very detrimental to the scientific and practical basis and credibility of the Ummah in many respects. If a person invites another form of ijtihad for the sake of negligence or incitement to sedition, then instead of listening to such an invitation, he needs to be discouraged. If one becomes a claimant and starts doing ijtihad, then such ijtihad will not be an important religious duty, it will be a game.
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