The Concept of Ijtihad in Accordance to Shi’i Islam

by: Samir Al-Haidari

Introduction

Muslims around the world believe that Islam is the seal of all religions, bringing a complete and perfect message; it offers the solution to every problem in order to ensure prosperity to mankind. Therefore, Islam is a source for enlightenment for every need a person may hold, the Holy Qur’an itself states:

“And We have sent down to you the Book (Qur’an) explaining all things, a guide, a mercy and good tidings for those who submit.” [16:89]

For a religion to accomplish such a broad and demanding task, Islam does not simply provide a set of religious rituals and practices which are limited in time and place. With such objectives, Islam cannot only endeavor to bring spiritual satisfaction, philosophical reasoning and objective proofs for belief; it must also provide for the lifestyle of people in all its aspects; only then can it truly fulfill its purpose.

In order for religion to be presented in this all-encompassing manner, it becomes necessary that there are specialists who are capable in deriving Islamic law, otherwise known as Mujtahideen (singular: Mujtahid). At a stage whereby Islamic law has been derived, it can then be presented to others who can follow it in Taqlid or imitation. This is essential because the majority of people do not possess the necessary expertise to derive Islamic law. This process of deriving Islamic law is called Ijtihad.
 

Ijithad and its Early History

In Arabic language the word Ijtihad is of the root Juhd ‘effort’ and it is used as a technical term to mean the process of making a jurisprudential decision by interpretation of the sources of the Islamic law.

One of the contemporary scholars of Shi’a Islam in the last century, Ayatollah Muhammed Baqir Al-Sadr states:
“It is the effort to derive Islamic laws from their original sources within one’s human comprehension.” [1]

The term was originally predominantly used in the Sunni Schools of Fiqh and became more common in Shi’a circles in the seventh century of the Islamic calendar after undergoing a change of meaning. Historically, this is because the Sunni school had a necessity for Ijtihad immediately after the demise of the Prophet Muhammed (p), as they felt this was a form for the continuation of Divine guidance via searching through the textual works available to them. On the other hand, in Shi’a belief there was a continuation of Divine guidance through the infallible Imams (p) who represented the absolute authority in religious affairs after the Prophet (p). The statements, acts and approvals of the Imams (p) were considered as an authority and part of the Sunnah. Clearly with such a belief the Shi’a did not have a necessity for Ijtihad during the presence of an infallible Imam (p).

Hence, when questions pertaining to doctrines, social principles or legislation arose, the Shi’a referred to the living Imam for solutions. These were in turn dealt with through the use of Qur’anic verses or through traditions of the Prophet (p), thus eliminating the problem facing Sunni scholars who used Ijtihad Al-Ra’iy or other tools to deduce ahkam such as Qiyas or Istihsan.

However, an important factor that would eventually determine the meaning of Ijtihad according to the Shi’i school of thought was simultaneously occurring during this period. It was widely known among the followers (Shi’a) that soon would come a period when they would be separated from their Divine leader because of the occultation of the twelfth Imam called Al-Mahdi (p). Thus, many of the close companions of the Imams (p) frequently asked them on the methodology of inferring rulings (fatawi) from the Quran and their traditions and on the other hand, the Imams (p) encouraged the deeper study of the principles thus making them more prepared for the difficult times ahead. Below is a narration on account of Imam Ja’far as-Sadiq (p), the sixth Imam in Shi’a Islam, who elucidated this position;

Al Imam al Sadiq (p) said:

"Our duty is to teach you the principles and your duty is to ramify." [2]

During the period prior to the occultation, with the imprisonment of the Imams and the reduced contact between the followers and the Divine Leader, which was followed by the Minor Occultation, the Shi’a found it more difficult to know of solutions to rulings, particularly those pertaining to newly emergent questions. During this era, the followers mainly resorted to the specific deputies appointed by the Imams themselves, in fact this is seen even as early as during the time of the sixth Imam, as-Sadiq (p);

'Abd al 'Aziz ibn Muhtadi (a companion) said:

"I asked Imam al Rida (p), 'I am unable to meet you every time, so from whom should I take my religious instruction?” 'Take if from Yunus ibn 'Abd al Rahman,' said the Imam (p)." [3]

However, the Shi’a community faced greater difficulty with the advent of the Major Occultation after the demise of the last specific deputy, Abu al Hasan `Ali ibn Muhammad al Samari, in the year 329 AH. As a result of which the Shi’a scholars were forced to solve the new problems by deducing the ahkam from the available legal sources. Although, this new phase had begun in the history of the Shi’i school of thought, many of the scholars of the time did not refer to their practice of deducing the laws from the available legal sources as ‘Ijtihad’. This was due to the misconceptions surrounding this term during that period amongst the Sunni scholars, who by their definition of Ijtihad placed the use of Ijtihad al-Ra’iy and Qiyas on the same level as the Quran and the Sunnah in the inferring of religious laws. Therefore many of the Shi’i scholars, including early luminaries such as Shaykh Tusi, wrote chapters in their books in denial of this form of ‘Ijtihad’. However, after a change in the meaning of the term amongst circles of Sunni scholars, Shi’a scholars adopted the use of this word positively. In general the change in definition of the term evolved from legislating the laws according to a mujtahid’s opinion and the analogies that he uses with respect to the ruling that he is trying to deduce to being the employment of maximum effort and exertion in deducing the rulings of the shari`a from the valid proofs. This was acknowledged and accepted by the Shi’i school of thought, and amongst the earliest users of this term in the positive sense was Allamah alHilli in his ‘Tahdhib alUsul’. [4]

Gradually, Ijtihad found a wider meaning. Over the years, the Shia community in different Muslim countries established centres of religious studies called Hawza, which can be considered an equivalent to modern universities. These Hawza’s provide education in a variety of different subjects that are necessary in order to reach the status of Ijtihad. Subjects include Arabic grammar and literature, logic, Qur’anic sciences, science of Hadith, science of narrators (Ilm Al-Rijal), principles of jurisprudence (Usul Al-Fiqh), comparative jurisprudence and other options subjects. A Mujtahid was someone who was a master of all these sciences in order to partake in Ijtihad.


Legitimacy of Ijtihad

What is the importance of Ijtihad, especially since we have the Qur’an and Sunnah, which are trusted sources for guidance, is a commonly asked question.
This has raised much discussion amongst some circles in regards to the permissibility of man deducing his own law, as opposed to following the Divine guidance.

Firstly, it is important to highlight that within the Shi’a school of thought, Ijtihad not based on the Holy Quran and Sunnah, but rather on the Mujthaids own independent opinions is forbidden and is called Ijtihad Al-Ra’iy. However, this is not the case in the Sunni school, because Ijtihad in itself is a source of legislation for determining law. [5]

There are narrations in the Shi’a books which mention that every issue which needs a ruling is addressed in the Holy Qur’an and Sunnah. The famous scholar of hadith, Al-Kulayni, in his book Usul Al-Kafi, mentions the following narration:
“There is no halal (permitted thing) or haram (forbidden thing) or anything which the people need which does not come in the Book or the Sunnah.” [6]

On this basis, Ijtihad that is permitted in Shi’i Islam is that which is continually connected and associated to the Qur’an and Sunnah, without which it would be void. For this reason, Ijtihad which is in contradiction to the sources of law is invalid.

Clearly an individual who wants to return to the Qur’an and the Sunnah for legislation must have expertise in order to identify with the Qur’an; subjects like Tafsir, Naskh, Muhkam and Mutashabih need to be understood. In addition, one’s abilities in Hadith need to be exceptional in order to distinguish between the authentic from the false. Therefore, in a similar fashion to any other sciences, Qur’an and Hadith need expertise in order to perform the correct assessment and reach a reliable outcome.

However, the real necessity of Ijtihad comes into motion when there is no specific text ‘nass’ which outlines an Islamic viewpoint on a subject. This is done by extrapolating from the sources of law and by taking advantage from the ideas of the other Mujtahideen, who have researched the subject at hand.

It is for this reason that Ijtihad is regarded as a means of gaining contemporary solutions to modern problems using the original sources of Islamic jurisprudence. It plays a significant role in allowing religion to be modern and dynamic in its research, hence fulfilling the needs of the masses. As a result, jurisprudence in the Shi’a school does not experience a problem of inactivity or stagnation; rather it continues to advance with the current times. Therefore, it is safe to say that Ijtihad is essential for Islamic jurisprudence, without which it can no longer be dynamic and progressive.

Given the significance and essential nature of Ijtihad in Islam, it is important to note that closing the gates for Ijtihad opposes one of the fundamental purposes of Islam; that being the all-encompassing religion that addresses the lifestyle of people in all its aspects. If Ijtihad was to be stopped, it would cause considerable problems to the progressive nature of jurisprudence and act as a tool to partially dissolve religion. Therefore, without contemporary Ijtihad, the jurisprudence becomes incapable of providing accurate answers to modern problems.


Role of Usul al-Fiqh in Ijtihad

Usul Al-Fiqh, or the principles of Islamic jurisprudence, may be defined as the science dealing with the common elements in the procedure of deducing Islamic laws. In order to grasp this definition it is essential that we know what the common elements in the procedure of deduction (Istinbat) are. [7]

Naturally, a Mujtihid, in order to practice Ijtihad, must not only understand whether a particular act is obligatory, forbidden or permissible according to Islamic teachings; but also has the knowledge of the rules and guidelines which allow him to extract such rulings.

For this reason, there is a science that sets a framework in order to look into every issue and provides with evidence the general verdict in accordance to Islamic jurisprudence.

This science is better known as the “Principles of Islamic Jurisprudence” or Usul Al-Fiqh. Its purpose is to determine and specify the guidelines by which a Mujtahid can extract from the sources of law and hence deduce Islamic law. In the Shi’a school the sources of Islamic law are: the Holy Qur’an, Sunnah, Ijma’ (consensus) and ‘Aql (reasoning). Through these sources a Mujtahid struggles to provide solutions for every aspect of life.


The Akhbari Tendencies

Akhbarism is an off-shoot of the Shi’a Ithna ‘Ashari School that emerged around four centuries ago, which differed in the application of Usul Al-Fiqh. The main point of contention was their denial in the ability to reach certainty through ‘Aql (reason). Hence, they did not consider it a source for Ijtihad. This led to a diverging tendency within this school to reject the concept of Ijtihad in general. Consequently, they believe that Taqlid should return to the infallible Imam and should be sought through the Sunnah. [8]


Taqlid and Marja’iyyah

According to Shi’a Fiqh, a believer must be one of three; either a Mujtahid or a Muqallid or Muhtat (acts with precaution). The vast majority of Shi’a are Muqallid (one performing Taqlid of a Mujtahid), due to their lack of expertise in Ijtihad. Those who apply the concept of precaution, need to have a reasonable level of knowledge of the views of differing Mujtahideen in order to deduce the most precautious ruling to act upon.

Therefore, it is necessary for the Shi’a community to have a group of scholars with the abilities to reach the level of Ijtihad in order to provide guidance to the vast majority of the community who are Muqallideen. In fact this is a common theme in the Quran, in which the necessity of learned individuals is emphasized;
"But why should not a party from every section of them (the believers) go forth to become learned in the religion, and to warn their people when they return to them, that they may beware?" (9:122)

Since it would be impossible for an entire community to be qualified enough to deduce religious laws from the sources, without resorting to personal opinion and speculative analogy, a need for the imitation of those endowed with knowledge by the less knowledgeable arises. This is so as to follow the Shari’ah in all realms and particularly to provide solutions based on the law to contemporary issues. It is however of paramount importance for the protection of the very principles of the religion that the scholars use the right tools in the inferring of laws, because if everyone was permitted to change or interpret according to his opinion, the essence of true Islam would be lost.

Therefore, it is first necessary to understand and ensure that the foundation and methodologies of Ijtihad are correct according to the sources, for it to be possible for a community to ensure progression in the way of Islam. Taqlid can be summarised to be, acting according to the verdict of a qualified Mujtahid within the sphere of religious laws. This is quite a logical concept of referring to a specialist that is used in every branch of knowledge.

Another important issue that is often raised is that of blind following and whether Taqlid does in anyway encourage unbinding allegiance to a Mujtahid. Firstly, the Quran detests blind followers in various verses such as;
Behold, we found our forefathers agreed on what to believe - and verily, it is but in their footsteps that we follow. (42:23)

Therefore, such practice is unacceptable in Islam. According to the Shi’i school of thought, the Muqallid has an obligation to identify a Mujtahid to the best of their ability, who is most knowledgeable, performs what is obligatory and stays away from the forbidden as is shown by the narration below;

It is narrated by Imam Hasan al-Askari (p) from Imam Ja’far al-Sadiq (p),

"...but if there is anyone among the fuqaha' (jurists) who is in control over his own self, protects his religion, suppresses his evil desires and is obedient to the commands of his Master, then the people should follow him." [9]

Thus, on the contrary to being a practice that encourages blind following, according to Shi’a Islam, Taqlid encourages vigilance and keeping one’s eyes open to the practices and the qualities of the individual from whom religious laws are taken.

Ijtihad, as a concept, has developed and become a central procedure utilising Usul Al-Fiqh in order to provide Islamic legislation. As time passed without the presence of an infallible Imam, Taqlid became an apparent method for the Shi’a to seek guidance from the Mujtahideen. The high rank Mujtahideen became father figures and were referred to as Maraja’. Through their Ijtihad, they were able to command authority among the Shi’a masses and control the destiny of the community with their wisdom and piety.

Today, the Mujtahideen are revered throughout the Shi’a world and slowly the process of Ijtihad is being institutionalised to cater for the millions seeking guidance. Offices of different Mujtahideen provide answers to the frequently asked questions of their followers on a daily basis and the relationship between Mujtahid and Muqallid is growing to form a powerful bond in the wake of the challenges that tomorrow may present.

This institutionalisation of the relationship between the Marja’ and the Muqallid has evolved and been labeled as Marja’iyyah, the Supreme Religious Authority for Shi’a Muslims. In order for the Muqallid to learn about the deductions of Jurisprudence, his/her Marja’ publishes a book called Al-Risalah Al-‘Amaliyya, otherwise known as a Code of Practice for Islamic law. This book contains two main sections, rulings related to worship and rulings related to worldly interactions. Another method developed by which the Marja’ keeps contact with the Muqallid is through a vast network of representatives authorised on behalf of the Marja’ to cater for the Shi’a in their local areas of residence. More recently, modern technology has also been utilised especially through internet services.

The growth of Marja’iyyah in current times, sets many aspirations for the future of the establishments. With the increasing number of Maraja’ emerging from the seminaries of learning (Hawza), such as Najaf (Iraq) and Qum (Iran), some Shi’a scholars are beginning to discuss ideas of establishing a permanent institution incorporating a council of Maraja’ to facilitate for a forum of discussion amongst specialists in a variety of fields in order to enhance the capacity of Islamic jurisprudence in providing solutions for contemporary problems facing Muslims around the world.



References:

1. Muhammed Baqir Al-Sadr, 1995 Durus Fi ‘Ilm Al-Fiqh, Vol. 1, p.16, Arabic Edition, Al-Ghadeer, Qum – Iran.
2. Abbas Al-Qummi, Safinat Al-Bihar, Vol. 1, p.22, Arabic Edition, Qum – Iran.
3. Al-Hurr al-'Amili. Wasa'il al Shi'ah, vol. 18, eleventh of the chapters on sifatal qadi, hadith 34, Arabic Edition, Qum – Iran.
4. Murtadha Mutahhari, The Principles of Ijtihad in Islam, Al-Serat Journal, Vol X, No. 1, Translated by John Cooper, Published by Muhammadi Trust of Great Britain and Northern Ireland
5. Ibid. (under the title: The Kind of Ijtihad which is Forbidden by the Shari'ah)
6. Muhammad b. Ya’qub al-Kulayni, Usul Al-Kafi, (ed `A. A. Ghaffari, 8 vols., Tehran, 13779), Chapter on “Referring to the Book and the Sunnah”
7. Muhammed Baqir Al-Sadr, A Short History of Ilm Al-Usul, Chapter 2, Published by Islamic Seminary Publications, Karachi, Pakistan
8. Murtadha Mutahhari, The Principles of Ijtihad in Islam, Al-Serat Journal, Vol X, No. 1, Translated by John Cooper, Published by Muhammadi Trust of Great Britain and Northern Ireland
9. Abu Mansur at-Tabarsi 1966, al-Ihtijaj, vo. 2, , p. 263, Arabic Edition, Najaf – Iraq.


Further Reading:

1. Murtadha Mutahhari, The Principles of Ijtihad in Islam, Al-Serat Islamic Journal, Vol X, No. 1, Translated by John Cooper, Published by Muhammadi Trust of Great Britain and Northern Ireland
2. Murtadha Muahhari, The Role of Ijtihad in Legislation, Al-Tawhid Islamic Journal, Vol IV No. 2, Translated by Mahliqa Qara'i
3. Muhammed Baqir Al-Sadr, Principles of Islamic Jurisprudence According to Shi’i Law, Islamic College for Advanced Studies, First Edition 2003
4. Muhammed Ibraheem Janati, Ijtihad: Its Meaning, Sources, Beginnings and the Practice of Ra’iy, Al-Tawhid Islamic Journal, Vol. 5 No. 2 &3, Vol. 6, No. 1, Vol. 7, No. 3, Qum - Iran