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

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'''Ijtihad''' (اجتهاد‎, ’iğtihād) is a technical term of [[Shariah|Islamic law]] and [[jurisprudence]] that describes the process of making a legal decision by independent interpretation of Islamic (the [[Qur'an]] and the [[Hadith]]), particular as relates to legal matters. The opposite of ijtihad is ''taqlid'', which is [[Arabic]] for "imitation". Ijtihad is only used on matters of Islamic law for which no there are no unambiguous texts found in scripture.
'''Ijtihad''' (اجتهاد‎, ’iğtihād) is a technical term of [[Shari'ah (Islamic Law)|Islamic law]] and [[jurisprudence]] that describes the process of making a legal decision by independent interpretation of Islamic (the [[Qur'an]] and the [[Hadith]]), particular as relates to legal matters. The opposite of ijtihad is ''taqlid'', which is [[Arabic]] for "imitation". Ijtihad is only used on matters of Islamic law for which no there are no unambiguous texts found in scripture.


==History==
==History==
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By the 13th century, however, it is said that the "gates of Ijtihad" were closed. This was, of course, not a concrete development, but rather the general feeling that, since legal theory and judgements (''[[Fiqh#Ahkam|ahkam]]'') regarding all (at the time) plausible legal scenarios had been charted by the four madhabs, there was no substantially new work needing to be done. Moreover, in a manner of golden-age thinking (the centuries prior to the 13th century are often referred to as "the golden age of Islamic law"), subsequent Islamic scholars began to develop a special reverence for the prolific scholars of these earlier centuries, and started to feel as though their contemporaries lacked the competence and broad authority required to issue new judgements that disagreed with their predecessors.
By the 13th century, however, it is said that the "gates of Ijtihad" were closed. This was, of course, not a concrete development, but rather the general feeling that, since legal theory and judgements (''[[Fiqh#Ahkam|ahkam]]'') regarding all (at the time) plausible legal scenarios had been charted by the four madhabs, there was no substantially new work needing to be done. Moreover, in a manner of golden-age thinking (the centuries prior to the 13th century are often referred to as "the golden age of Islamic law"), subsequent Islamic scholars began to develop a special reverence for the prolific scholars of these earlier centuries, and started to feel as though their contemporaries lacked the competence and broad authority required to issue new judgements that disagreed with their predecessors.


the 13th century did not result in an absolute cessation of new ideas in the field of Islamic law, but marked a peak whereafter begun a decline. Further confirming and perpetuating this decline in ijtihad was the fact that the likes of [[al-Ghazali]] and [[Ibn Taymiyya]] had, by this point, written several influential works condemning and "dismantling" the ideas of the Greek philosophers. Coupled with and confirming the "closing of the gates of ijtihad", this decline of Islamic philosophy ensured that future generations would be marked with an increasing rigidity and obsession with past legal precedence.
the 13th century did not result in an absolute cessation of new ideas in the field of Islamic law, but marked a peak whereafter begun a decline. Further confirming and perpetuating this decline in ijtihad was the fact that the likes of [[al-Ghazali]] and [[Ibn Taymiyyah]] had, by this point, written several influential works condemning and "dismantling" the ideas of the Greek philosophers. Coupled with and confirming the "closing of the gates of ijtihad", this decline of Islamic philosophy ensured that future generations would be marked with an increasing rigidity and obsession with past legal precedence.


===Modern period===
===Modern period===


====Wahhabism, Salafism, and Islamism====
====Wahhabism, Salafism, and Islamism====
{{Main|Salafism}}
Starting with [[Wahhabism|Ibn Abd al-Wahhab]] in the 18th century, helped begin what is today known as [[salafism]]. This movement essentially advanced the idea that conformity with the formal jurisprudential methodology of the classical schools of Islamic law stifled an adherence to the words and plain meaning of the Qur'an and sunnah.
Starting with [[Wahhabism|Ibn Abd al-Wahhab]] in the 18th century, helped begin what is today known as [[salafism]]. This movement essentially advanced the idea that conformity with the formal jurisprudential methodology of the classical schools of Islamic law stifled an adherence to the words and plain meaning of the Qur'an and sunnah.


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Today, while mainstream, traditionalist scholars of Islam have for the most part rejected the total vision of the likes of Abduh, et. al., many prominent traditionalist scholars and institutions (including al-Azhar) have decided to embrace the modernists as an indication that some basic sort of change or "reopening of the doors of ijtihad" must take place if Islam is to survive into modernity and beyond. That is to say, while the modernists themselves have failed to attain widespread purchase, they have acted as an effective (if still underwhelming) catalyst and thorn in the side of traditionalists forcing, perhaps unwillingly, the simple acknowledgement that something is amiss.
Today, while mainstream, traditionalist scholars of Islam have for the most part rejected the total vision of the likes of Abduh, et. al., many prominent traditionalist scholars and institutions (including al-Azhar) have decided to embrace the modernists as an indication that some basic sort of change or "reopening of the doors of ijtihad" must take place if Islam is to survive into modernity and beyond. That is to say, while the modernists themselves have failed to attain widespread purchase, they have acted as an effective (if still underwhelming) catalyst and thorn in the side of traditionalists forcing, perhaps unwillingly, the simple acknowledgement that something is amiss.


==See Also==
==Mujtahid==


{{Hub4|Shariah|Shari'ah}}
A '''Mujtahid''' (مجتهد‎, ''’muğtahid'') is a Muslim jurist who is sufficiently qualified in [[fiqh]] (Islamic jurisprudence)  in order to interpret the [[Sharia]] (as found in the [[Qur'an]] and [[Hadith]]) such that they can generate [[Islamic Law|Islamic law]]. The practice of a mujtahid is called [[Ijtihad|''ijtihad'']]. Alternative conceptions of the nature of divine authority between the [[Sunni]] and [[Shi'ism]] sects of Islam means that the qualifications and activity (ijtihad) of mujtahids are imagined differently. 


===Qualifications of a mujtahid===
====Sunni qualifications====
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 [[Shari'ah (Islamic Law)|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 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>
====Shi'a qualifications====
The terms of ''ijtihad'' and ''mujtahid'' in the Shi'ite tradition refer to the practice of extrapolating the rulings of Muhammad and the subsequent Shi'ite imams into times beyond the "occultation" (alleged disappearance) of the last imam. In the late eighteenth century and with the rise of the Shi'ite court system, these two terms would come to be associated with the science of formal jurisprudence, or (Shi'ite) ''fiqh'', as outlined by Shaykh Murtada Ansari.
As with the Sunni experience, most scholars would come to be qualified only as ''muqallidun'' (that is, practitioners of ''taqlid'', or copying the views other more qualified scholars) and only a minority would be able to engage in ijtihad as mujtahids - however, the divide would not be nearly as drastic, and where in the Sunni tradition it could conceivably be said that at one point there were no mujtahids ''whatsoever'' (with some Sunnis arguing this is still the case today and indeed the perennial condition of the [[ummah]] henceforth), there would always be and continue to be a fair number of acknowledged mujtahids in the Shi'ite world.
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==References==
==References==
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[[Category:Fiqh (legal theory)]]
[[Category:Shariah (Islamic Law)]]
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