Q what are the methods or modes of ijtihad? Explain in details
Q what are the conditions for exercising ijtihad?
Q In persepective of present scenario, explain the dire need of ijtihad and also describe the basic qualification OF MUJTAHID.
Q In perspective if the qualification of a mujtahid, explain the importance of ijtihad in Islamic law.
Q What is the significance of ijtihad in Islamic law? explain the basic qualification for mujtahid.
Q Short note on ijtihad
Q What is the effect of taqlid and ijtihad in the formulation and development of Islamic jurisprudence? Discuss in details.
Q Explain the basic difference between taqlid and ijtihad with reference to their influence in the development of Islamic jurisprudence
Q Explain the difference between ijma and ijtihad with the help of examples.
Q what is the difference between taqleed and ijtihad and their need in present period
Q Short note on taqleed
Q What is meant by taqleed? Whether taqleed of imam/jurists is the need in the present age? Discuss briefly.
The word jihad originates the word ijtihad. Jihad is a physical fight against problems or issues as in to fight for the right and against wrong, where as ijtihad is when problems are being resolve mentally. Ijtihad means the application by a lawyer or fiqah of all his faculties to the consideration of the authorities of the law i.e. the quran, Sunnah, traditions and the ijma, with a view to find out what in all probability is the law. In other words it is an activity, a struggle a process to discover the law from the texts and to apply it to the set of facts awaiting decision
The prophet himself set examples by accepting the opinion of the companions in matters where he was not directed by revelation. On the occasion of badr, for example, the prophet chose a particular place for the encampment of the muslim forces. A companion, Hubab b al mudhir, asked him wheter had chosen that place on his own judgement or on revelation from God. The prophet replied that he had done so on his own judgement. When the companion suggested a more strategic place, the prophet told him: you have made a sound suggestion.
Mujtahid: The person exercising ijtihad is called a mujtahid and the question being considered is called mujtahid fih.
Scope if ijtihad: it is based upon general rule that an ijtihad should be thorough and most sincere. Since ijtihad is an exertion on a question of shariah, it follows that intellectual problem as the creation of the universe, the existence of the creator, the sending of the prophets, etc., are subjects beyond the power of mujtahid hence, ijtihad cannot be exercised on pillars of the faith, i.e. five daily prayers, prohibition of adultery, murder, wine-drinking, theft, etc. it is to be notes that whatever the jurists have said has been derived from the texts through the methods of interpretation and that there is no ijtihad within an explicit rule.
Importance of ijtihad:
In quran: in facts the quran lays down the foundation of the doctorine and techinique of ijtihad in many of its versus. It declares ‘so learn a lesson. O.ye who have minds’ ( from anum notes ) pg 3
Sunnah /hadith : (from anum notes) pg 3-4
Other scholars: pg 2 anum notes
Ijma and ijtihad: the individual opinion of mujtahid is called ijtihad contrary to the collective opinion of mujtahid which is termed as ijma. Hence the process of rethinking and reinterpreting the law independently is known as ijtihad. It is however important to note that though questions which have been determined by ijma, are not open for the exercise of ijtihad , yet as none but mujtahids can take part in collective deliberation the question relating to the qualification of a mujtahid necessarily affects this source of laws as well.
Modes of ijtihad: from anum notes pg 16
Qualification of mujtahid anum notes pf 17 -18 from copy of the notes
Kinds of mujtahid:
From political science book pg 298
Taqlid
Taqlid means following the opinion of another person without knowledge of the authority for such opinion. Taqlid began after Halaku khan attacks though it originated in the 2nd century. In Quran the words Taqlid comes from Qallaida means to imitate, that is oneself to be led “by the collar”. In other words taqlid is to follow one imam in respect of any issue without knowing the source or reasoning of its answer or utility. As a term of jurisprudence it means following the opinion of a jurist in matters which have not been dealt with by an express Quranic or traditionary text or by ijma for in matters which have been so dealt with there is no room for juristic opinion and all persons whether jurists or not would be equally bound to accept such laws. It will be apparent from the definition of Taqlid that the doctorine applies only in the case of those who do not possess the qualification of a jurists. Infact, if a jurists has formed an opinion of his own on a particular question it is forbidden to him to follow in preference the opinion of another jurist to the contrary. And even if a man who does not possess the qualification of a justists but is learned in the law (alim) holds as certain view on a particular question he ought to act upon it though the contrary view may have been sanctioned by a jurists. Indeed, it could hardly be otherwise considering that the basis of the Muhammadan law is laid in men conscience.
Hazrat Imam hanfi had elaborated Taqlid in the occasion when he was was popular in madina as Imam. A governor in Madina like a married woman and asked her husband to give her divorce. Imam at that time agreed with the fact of Jabri-talaq i.e forcefully divorce but Hazrat Imam Hanfi denied it.
Ingredients of taqlid:
Without knowing the source: this means blindly trusting and following Imam and if you ask resource its not Taqlid and it will be then research or ijtehad.
Unknowledgable person: this means taqlid is for uneducated person. In case of taqlid such person is oblidge to follow one imam since he don’t understand the quranic principle.
jurist: one who performs taqlid is called Muqallid but a jurist or mujtahid can also do taqlid. The only difference is that mujtahid opinions can be relied upon and acceptable in sharia but not necessarily Muqallids.
Muqallid and ghairu Muaqallids: Muqallid is the one who follows one of the four Imam in sunni school and ghairu muqallids prefer to call themselves Ahlul Hadith or the followers of traditions. These men, it may be observed, accept not only the Quran and the Hadith, but also, atleast in theory, ijma and analogy as the legitimate sources of law. They describe themselves by the name of ghairu Muqallids or men who do not follow distinguishing themselves as Muqallids, or those who follow.
Duty of laymen in Taqlid: so far as a layman that is one who has not made a study of law and religion is concerned, his duty is to follow the guidance of the learned and it will be sufficient to absolve his conscience if he consults and acts upon the opinion of the man most noted for his religious learning that maybe available to him.
Taqleed in quran: Allah has commanded in Quran for the performance of taqlid in case of no knowledge of religion. There are many versus of Quran which provide it general attribute following are some examples:
–So then ask the people of the reminder if you do not have any knowledge.” (verse of Ahlal dhikr)
-It is not right that the true believers in Islam all go forth (to the battle field to fight a defensive battle) – rather, why does not a group from amongst them go forth to become specialists in religious learning (develop Tafaqquh in the Din) and after completing their studies, return back to their own community and warn them (so that they will have fear of Allah)?” (the verses of taffaqah)
Narration of taqlid in Sunnah: It has been narrated from our 12th Imam, Al-Hujjah (may Allah hasten his return) that he has stated: “As for those events that will occur in the future, (for the answer on how to deal with them), refer to those people who narrate our sayings (Ahadith) since surely they (the ‘Ulama) are my proof over you and I am the proof of Allah.”
Importance of taqlid in present age: There are no doubt some men who think that the age of independent juristic thought has come to an end. If the age of ijtihad had come to an end with the four imams, their disciples, and those that immediately followed them, now would have expected to find some mention of such an important doctrine in the books on usul, which is the science that deals, as we know, with the source of law. it was also suggested for a moment that the opinions of the founders of the different schools should have a higher authority than those of the companions and, but if it were so, the writers on usul would have been expected to mention such opinions as a distinct source of law. Hence jurist can be in any age if it qualifies with the qualities of mujtahid.
Those who agrees out of some says that there can be jurists at this age but to fit the qualification in this age seems impossible for any men. this does not means that there is no jurists, in the very Quranic text which is the principal authority of juristic deductions, namely, ‘then ask those who have knowledge, if you yourselves do not know,’ contemplates the existence of learned men at all times
