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Encyclopedia > Mujtahid

ijtihad is a technical term of the Islamic law and means the process of making a legal decision by independent interpretation of the sources of the law, the Quran and the Sunna. The opposite of ijtihad is taqleed, imitation. The person who applies ijtihad, the mujtahid, must be a scholar of Islamic law. The word derives from the Arabic verbal root jahada "struggle", the same root as that of jihad. The common etymology is worth noting, as both words touch on the concepts of struggle, effort, and meditation.


(The following paragraphs refer to Sunni Islam. The Shiite concept and practice of ijtihad is slightly different.)


In early Islam ijtihad was a commonly used legal practice, and was well integrated with the philosophy of kalam, its secular counterpart. It slowly fell out of practice for several reasons, most notably the efforts of the Asharite theologians, who saw it as leading to errors of over-confidence in judgement. Al-Ghazali was the most notable of these, and his "The Incoherence of the Philosophers" was the most celebrated statement of this view.


It is debated whether Al-Ghazali was observing or creating the so-called "closure of the gate of ijtihad". Some say this had occurred by the beginning of the 10th century CE, a couple of centuries after the finalizing of the major collections of hadith. In the words of Joseph Schacht: "hence 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." This theory has been put in question recently by Wael Hallaq.


What is clear is that long after the 10th century the principles of ijtihad continued to be discussed in the Islamic legal literature, and other Asharites continued to argue with their Mutazilite rivals about its applicability to sciences.


Al-Amidi (1233) mentions twelve common controversies about ijtihad in his book about usul al-fiqh (the theory of Islamic law) amongst others the question if the Prophet himself depended on ijtihad and if it should be allowed for a mujtahid to follow taqleed.


In Islamic political theory ijtihad is often counted as one of the essential qualifications of the caliph, f.e. by Al-Baghdadi (1037) or Al-Mawardi (1058). Al-Ghazali dispenses with this qualification in his legal theory and delegates the exercise of ijtihad to the Ulema.


Along with isnah (citation), ijtihad is considered to have been a major influence in the development of the scientific method. Ironically, the loss of its application in law seems to have also led to its loss in philosophy and the sciences, which most historians think caused Muslim societies to stagnate before the 1492 fall of al-Andalus, after which Muslim works were translated and led in part to The Renaissance revival of classical works, using improved methods, although the Muslims themselves were no longer using these methods in their daily life at all.


See also

Liberal Islam, fiqh, usul al-fiqh, ijma, qiyas, istihsan, list of Islamic terms in Arabic


Bibliography

  • Wael Hallaq: "Was the Gate of Ijtihad Closed?", International Journal of Middle East Studies, 16, 1 (1984), pp. 3-41

External links

  • A Detailed Q & A on Ijtihad (http://www.al-islam.org/al-serat/ijtihad.htm)
  • Yahoo Group on Ijtihad (http://groups.yahoo.com/group/ijtihad/)
  • The development of ijtihad and Islamic reform, 1750-1850 (http://www.hf-fak.uib.no/institutter/smi/paj/Vikor.html)

  Results from FactBites:
 
Taqlid (1322 words)
** Mujtahid is a jurist competent enough to deduce precise inferences regarding the commandments from the holy Qur'an and the Sunnah of the holy Prophet by the process of Ijtihad.
And if one knows that the verdicts of the Mujtahids differ with regard to the problems which we face in every day life, it is necessary t hat the Mujtahid who is followed be A'lam (the most learned), who is more capable of understanding the divine laws than any of the contemporary Mujtahids.
If a person acts according to the fatwa of a Mujtahid in certain matter, and after the death of that Mujtahid, he follows a living Mujtahid in that matter according to his obligation, he cannot act again according to the fatwa of the dead Mujtahid.
The Jakarta Post - The Journal of Indonesia Today (610 words)
Mujtahid, a student at a public health university, rushed into the Pasar Minggu subdistrict health clinic in South Jakarta to inform the doctor on duty that groups of students were ready to start their regular Friday battle against the Aedes aegypti mosquito.
Mujtahid was among 150 students from three different universities in Jakarta volunteering for the weekly campaign against dengue in neighborhoods in the Pasar Minggu and West Pejaten subdistricts of South Jakarta, every Friday, from 9:30 a.m.
According to Mujtahid, most people focus on the environment in and around houses and tend to forget that other places, such as schools, old theaters or warehouses, also provide fertile breeding grounds for the mosquitoes that lay their eggs in clear standing water.
  More results at FactBites »


 

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