Ijtihad (Independent Reasoning in Islamic Law): Difference between revisions

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The qualifications for a Sunni mujtahid were set out most famously in the 11<sup>th</sup> century by Abul Husayn al-Basri  in ''al Mu’tamad fi Usul al-[[Fiqh]]''. These were accepted by later [[Sunni]] scholars, including [[al-Ghazali]], although al-Ghazali believed that all positive [[Bid'ah|innovation]] had ended, as there was nobody qualified to be a Mujtahid. Such qualifications require proficiency in [[Shariah|Shari'ah]] and its interpretation. This became a common perspective following the 13th and 14th centuries and resulted in what many described as the "closing of the doors of ijtihad", in favor of simply referencing the authority of highly esteemed scholars from the earlier centuries that came to be known as "the golden age of Islamic law".
The qualifications for a Sunni mujtahid were set out most famously in the 11<sup>th</sup> century by Abul Husayn al-Basri  in ''al Mu’tamad fi Usul al-[[Fiqh]]''. These were accepted by later [[Sunni]] scholars, including [[al-Ghazali]], although al-Ghazali believed that all positive [[Bid'ah|innovation]] had ended, as there was nobody qualified to be a Mujtahid. Such qualifications require proficiency in [[Shariah|Shari'ah]] and its interpretation. This became a common perspective following the 13th and 14th centuries and resulted in what many described as the "closing of the doors of ijtihad", in favor of simply referencing the authority of highly esteemed scholars from the earlier centuries that came to be known as "the golden age of Islamic law".


The basic logic justifying the practice of ijtihad (that is, an independently produced interpretation of Islam and Islamic law in particular) is explained by some Sunni authorities as being founded in the permissibility of having an opinion based on personal reasoning, or ''ra'y'' (that is, anything beyond the explicit statements of the Islamic scriptures). While in the earliest years of Islamic history the [[companions]] of [[Muhammad]] and some of the [[Tabi'un|first]] and even some of the [[Tabi' al-Tabi'un|second subsequent generations]] were deemed sufficiently qualified authorities on scripture capable of independently interpreting his message prior to the advent of formal juristic methodology and the [[Madh'hab|madh'habs]], the development of formalized fiqh, the development of a gigantic and growing body of hadith literature (most, Islamic scholars accept, of dubious origin), the development of the new (and largely invented) fields of Arabic grammar and logic, and the emergence of a semi-hierarchicalized clerical class all meant that decreasingly few individuals could be considered competent interpreters of Islam in general and of the unendingly complicated body of Islamic law in particular. In future centuries, the growing legacies of each of the four Sunni Madh'habs would make matters even more complicated, as potential mujtahids would have to not only be familiar with the vast array of scriptures and related subjects themselves. but also of their development over time.
The basic logic justifying the practice of ijtihad (that is, an independently produced interpretation of Islam and Islamic law in particular) is explained by some Sunni authorities as being founded in the permissibility of having an opinion based on personal reasoning, or ''ra'y'' (that is, anything beyond the explicit statements of the Islamic scriptures). While in the earliest years of Islamic history the [[companions]] of [[Muhammad]] and some of the [[Tabi'un|first]] and even some of the second subsequent generations were deemed sufficiently qualified authorities on scripture capable of independently interpreting his message prior to the advent of formal juristic methodology and the [[Madh'hab|madh'habs]], the development of formalized fiqh, the development of a gigantic and growing body of hadith literature (most, Islamic scholars accept, of dubious origin), the development of the new (and largely invented) fields of Arabic grammar and logic, and the emergence of a semi-hierarchicalized clerical class all meant that decreasingly few individuals could be considered competent interpreters of Islam in general and of the unendingly complicated body of Islamic law in particular. In future centuries, the growing legacies of each of the four Sunni Madh'habs would make matters even more complicated, as potential mujtahids would have to not only be familiar with the vast array of scriptures and related subjects themselves. but also of their development over time.


Eventually, scholars began delineating specific and increasingly astronomical criteria for those who would seek to present independent and novel interpretations of Islamic law. This meant not only that fewer and fewer scholars (and eventually, one might argue, none at all) were empowered to pursue a creative engagement with Islamic scriptures, but also that the overwhelming majority of trained Islamic scholars would be restricted to practicing ''taqlid'', or the "blind" repetition and emulation of esteemed jurists who, in most cases, had been dead for centuries. Eventually, some would argue that the only true mujtahids had been the founders of the four schools of Sunni law alone (all dead within two centuries of [[Muhammad's Death|Muhammad's death]]).<ref>Indira Falk Gesnik (June 2003). ""Chaos on the Earth": Subjective Truths versus Communal Unity in Islamic Law and the Rise of Militant Islam". ''The American Historical Review''. Oxford University Press. '''108''' (3): 710–733. doi:10.1086/529594. JSTOR 10.1086/529594.</ref>
Eventually, scholars began delineating specific and increasingly astronomical criteria for those who would seek to present independent and novel interpretations of Islamic law. This meant not only that fewer and fewer scholars (and eventually, one might argue, none at all) were empowered to pursue a creative engagement with Islamic scriptures, but also that the overwhelming majority of trained Islamic scholars would be restricted to practicing ''taqlid'', or the "blind" repetition and emulation of esteemed jurists who, in most cases, had been dead for centuries. Eventually, some would argue that the only true mujtahids had been the founders of the four schools of Sunni law alone (all dead within two centuries of [[Muhammad's Death|Muhammad's death]]).<ref>Indira Falk Gesnik (June 2003). ""Chaos on the Earth": Subjective Truths versus Communal Unity in Islamic Law and the Rise of Militant Islam". ''The American Historical Review''. Oxford University Press. '''108''' (3): 710–733. doi:10.1086/529594. JSTOR 10.1086/529594.</ref>
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