Ijma (Consensus of Opinion)

● The dictionary meaning of Ijma is “Collecting,” Assembling.”

● In jurisprudence it means “Agreement of Jurists” in any particular age on a ruling or on a

question of law and facts on the matter of religious issues after the departure of the Holy
Prophet (P.B.U.H) when there is no solution of that case in the Holy Quran and the
Sunnah/Hadith.

● In such cases supporting or opposition by the public will have no effect.

Although the majority of the jurists treat Ijma as the third source of Shariah after the Holy
Quran and Sunnah of the Holy Prophet P.B.U.H, yet different sects have different views about
ijma. For example:

1) According to Khawarij (“those who left”) and Mu'tazilah (“those who withdraw, or
standapart”):

“Ijma” cannot be the base of Shariah unless it is based on sound sources of shariah namely the
Holy Quran and Hadith.

2) The Shias, particularly the Imamia:

They do not accept Ijma as a source of Islamic law. They say that they are only bound to the
views of Ahle-Bait and their Imams who are “Masoom” (Innocent).

Some shias accept Ijma if it is Ijma of their Imams and it would be treated as the view of Imam
Ghaib (meaning the 12th Imam who disappeared and would appear again).

3) The Sunni jurists:

Treat Ijma as a source of shariah which has to be followed. The supporters of Ijma refer to Verse
115 of (Surah Al-Nissa) by saying the words (Sabeel al momineen) which means “path of the
believers” used in the Holy Quran to support Ijma.

This claim appears to be correct because the Holy Quran also uses the terms (Sabeel e Taghoot)
which means “path of satan” as well as (Sabeel Allah) which means “path of Allah.”
From these terms it is clear that the believers have to follow the path of “Momineen (believers)”
which is set by those believers.

In other verses of the Holy Quran it is laid down that Allah has completed the Code of Islam and
it would last forever.

Moreover, it is known to everyone that all problems have to be solved on the principles laid down in
the Holy Quran and Sunnah of the Holy prophet P.B.U.H. As those principles do not give detail of
every issue, therefore, it is necessary to find out their solution. It supports Ijma (consensus) and
Qiyas (analogy).

Similarly, the Holy Prophet P.B.U.H also said, “My Ummah will never agree or show consensus on
error or upon what is wrong.”

Modern scholars have defined iJma as “Agreement” of all the people of binding and loosing who
belong to the Ummat of Holy Prophet P.B.U.H in a certain period of time on a rule about a certain
incident.

According to Shah Waliullah: “It is not possible that the whole Ummah in entirety would agree on
a point. Therefore, Ijma, according to his views, is “Consensus of opinion of the people in
authority.” (meaning “Olil-Amr”).

There is much dispute regarding the term Olil-Amr. Shah Waliullah gets support from the conduct
of the Hazrat Abu Bakr (R.A) and Hazrat Usman (R.A) who had stopped the companions of the
Holy Prophet P.B.U.H to leave Mecca and Madina, so that they could get the opinion of those
people when it is required.
Shah Waliullah also said that the Ijma reached during the time period of the first three Caliphs
was the only right type of Ajma.

There is a dispute among the jurists who support Ijma. Therefore, several terms appear in the
books of jurisprudence, such as: “Ijma of Sahaba”, “Ijma of Mahajerin (living in Medina),” and
“Ijma of Ansars.”

However, the majority agrees that Ijma was not possible after “Taba-Tabieen.” Although they treat
it as the third source of Islamic Laws.

It is necessary to point out that Imam Shafi recognized the Ijma of Ummat at large, but rejected
the Ijma od scholars.
Imam Malik was of the view that Madina was the center of the Holy Prophet P.B.U.H and his
companions, hence, they were aware of Holy law more than others. Therefore, the Ijma of scholars
of Madinah is to be accepted.

The opposers of Ijma say that:

● It is impossible that all mujtahids of the world would be able to gather at one place at one
time because they live in places very far from each other.

● Moreover, it is not expected that all of them would be unanimous on one point and there
are no sources, particularly, the economic sources, to bring them together.

● These arguments of opposers were convincing in the past but in the present age, these
arguments have lost their base.

● The science of Information and technology has brought the people of the world closer.
International conferences and seminars among the jurists are held everywhere.

● Therefore, Ijma is possible in the present age. But sectarianism will never allow it.
Whether an Ijma of one time can be canceled by an Ijma of another time?

There is a difference of opinion on it. Two possible situations can be highlighted as under:

1) A group of Mutjahedeen did Ijma once and then canceled it themselves. Some jurists
consider it valid, whereas others consider it invalid.

2) Another situation can be that one group of Mujtahedeen did one Ijma and another group
did the opposite Ijma. The second Ijma was treated invalid in the past by the majority of
jurists except Abu-Abdullah Basri and Imam Razi. But in the present age all liberal and
modern scholars have a unanimous view that old Ijma can be canceled with the changing
circumstances.

Categories of Ijma:

1) Ajma-e-Sahaba:

This is the superior most that Sahabi, companions of the Holy Prophet P.B.U.H agree on one point.
The jurists treated it as binding like the verses of the Holy Quran and “Khabar-Mutawatir.” The
Sunni jurists refer to the case of “Khalafat-e-Abu-Bakr.”

They say that, as per tradition of the Holy Prophet P.B.U.H “Ummat of the Prophet P.B.U.H shall
never agree on what is wrong.”

2) Second category of Ijma-e-Sahaba is that one or more than one Sahaba issues some
religious decree and all others remain silent. It cannot be dreamed that Sahaba can
remain silent on seeing any wrong thing. It is also like khabar-Mutawatir.
For example: “Collection of the verses of the Holy Quran, Salat of Tarawih, etc.

3) Third category of Ijma is related to “Tabein.” Such Ijma would be acceptable if the
contrary view of Sahaba is not reported.
 4) Fourth category of Ijma is after the third one which can be disputed.

Effects of Ijma:

Acting upon Ijma is mandatory if it was done in accordance with the principles laid down for the
said purpose. Those principles and conditions can be summarized as under:

1. Neither any companion of the Holy Prophet P.B.U.H should have expressed a contrary view
nor any Mujtahid should have made a contrary opinion prior to an Ijma.

2. None of the participants must have changed his opinion.

3. Ijma must be fully known to the people.

4. It must be based on the text or the Tradition.

🪐✨ Only Mujtahids can perform Ijma:

According to the religious divines a Mujtahid must have following qualities:

1. He must be a scholar of the Holy Quran and Sunnah.

2. Must have knowledge of Qiyas.

3. Must be an expert of Arabic language.

4. Must be a thinker/jurist.

5. Must be well-versed with up to date modern language.

With reference to the above qualifications it is said that:

1. A Mujtahid must know when a Surah or Verse was revealed;

2. Must know the relationship between Surahs and Verses.

3. Must have knowledge of abrogating (revoke/repeal) and abrogated verses.

4. He must be “Hafiz-e-Quran” (know Quran by heart).

5. Must have knowledge of at least 3000 Hadith and their explanation with their history.

6. Must lead a pious life.

7. Must have knowledge of all fiqas of different schools of thought.

🍄🌱🐝🍃🌷
8. Must have knowledge of all sciences of law.

Qiyas (Analogy)

● The dictionary meaning of Qiyas is “to guess” “to estimate,” “to compare” or “to equate.”

● In its legal or justice sense, it means “process of deduction from the main sources of Islam
i.e. Quran and Hadith. And Ijma on the basis of “Illat” or effective cause, when those main
sources are silent on any new issue.

The jurists have defined Qiyas or Analogy as:

According to Imam Hanifa

It is an extension of law from the original text. Process of Qiyas is applied to a new case on the
basis of common “Illat” (effective cause).

According to Imam Shafi'i

According to Imam Shafii, Qiyas is a process in which a known result is derived from a known
thing of text with the help of Illat/effective cause.

The aforementioned definitions are similar in their nature and they can be explained with the help
of an example:

● The text of the Holy Quran says that “Al-Khamr” is haram. A question arises whether
other drinks are also “Haram.” The illat or effective cause of “Khamr” (which is prepared
from grapes) is this , that it has intoxicating effects. Therefore, on the basis of this
illat/affecting cause, all those drinks which have intoxicating effects would be haram.

The field of Qiyas became wider when boundaries of Islamic State extended beyond Arabia. Due to
which, such new problems appeared which had no solution in the Holy Quran, the traditions of the
Holy Prophet P.B.U.H or Ijma.

This source of law appears on the scene at least one century after the Holy Prophet P.B.U.H and it
was mostly used during the 3rd Century.

Whether Analogy is an Interpretation?

No, because in the case of interpretation a text is applied to the cases to discover law, but analogy
extends the law, rather than discovering it.

The opposer of Qiyas

The opposers of Qiyas say that Allah has sent down the book (which means the Holy Quran) to
the Holy Prophet P.B.U.H as an exposition (explanation) of everything. Therefore, there is no need
for Qiyas.

If such reasoning is correct then there is no need for Hadith, Sunnat, Ijma, Tafseer, etc. However,
certain things, such as Tauheed, are fully explained in the Holy Quran.

The above views are related to the Sunnis.

According to Shias:
As far as Shias are concerned, Qiyas is only an opinion. They say that opinion is based on general
wisdom and it may be wrong. Therefore, they say that only the Quran, Hadith, and views of
“Aima-Masoomeen” be followed.

Supporters of Qiyas

The supporters of Qiyas give arguments in favor of Qiyas by saying that every new issue is not
mentioned in the main three sources of Islamic law. Hence, there is a need for this fourth source
to solve new problems.

In support of their view, the supporters of Qiyas give reference to the Hadith of Holy Prophet
P.B.U.H.

“According to one Hadith, a woman came to the Holy Prophet P.B.U.H and stated that her mother
wanted to perform Hajj, but she died before she could go for Hajj. She asked the Holy Prophet
P.B.U.H whether she should perform Hajj on behalf of her deceased mother.
The Holy Prophet P.B.U.H asked her, “if your mother had to pay debt but died before paying it,
whether you would pay the same on behalf of your mother?”
The answer was “yes.” Hence, persons can perform Hajj on behalf of their deceased person.”
Conditions necessary for Qiyas

There are several conditions which are necessary for the process of Qiyas out of which six
conditions are well-known.

1: The law of text to be used in Qiyas should not relate to specific cases but should be general.

For example
Evidence of Hazrat Khuzaine was treated equal to the evidence of two persons. Same is the position
of certain Verses of the Holy Quran.

2: The process of Qiyas cannot be based on repealed text according to the Hanafis and Malikis.
But according to Shafi'is, it can be based on repealed text.

3: As per Imam Abu Hanifa, the process of Qiyas should not be based on dictionary meaning, but
the Shafii do not agree with it.

Due to this reason, according to the Hanafi, Zina is not similar to Sodomy for impossing Hadd. But
according to Shafi'i, Zina and Sodomy are similar for impossing Hadd, because according to
dictionary meaning, Zina means “discharging” and in sodomy discharging also takes place.

4: The process of Qiyas should not be based on such verses which need no further reasoning, such
as the Law of Inheritance. We are not bound to give a reason as to why the share of a son is
double than the share of a daughter.

Similarly, eating by mistake during fasting does not end fasting. No reasoning can be given for it.

5: The process of Qiyas should not change the law of Quran or Hadith.
6: The process of Qiyas must not be opposed to the text of the Holy Quran or the Hadith of
Prophet P.B.U.H.

Kinds of Qiyas
The jurists divided Qiyas mainly into two kinds, they are:
● Qiyas Jali (obvious analogy)
● Qiyas khafi (hidden analogy)

Qiyas Jali is further divided into two kinds:

● Qiyas Turd
● Qiyas Aks

Qiyas Turd
Qiyas Turd uus where illat (effective cause) is common, such as illat of intoxication which is common
between “Khamr” and “Nabeez” to treat both Haram.

Qiyas Aks
Qiyas Aks is where illat (effective cause) is not common to treat some things as Halal or Haram by
the way of reflection.

🍥🥨🍡🍬🍪🍼
For example: Milk is Halal because it has no intoxication.

Doctrine of Maliki – Masaliha-I-Mursalawal-Istislah

● Imam Maliki presented a doctrine known as “Masaliha-I-Mursalawal-Istislah” which

means “public good or public interest.”
 ● He based his doctrine on general consideration of the public good.

● According to this doctrine, if there is no guidance from any of the four sources of Islamic
law then decree can be issued on the basis of public good and at the same time, it should
not be conflicting to the main sources of Islamic Law of Jurisprudence.

Unfortunately, this doctrine could not get popularity due to several reasons, which are:

1. Followers of Maliki did not show any interest to get advantage from this doctrine, and

2. The jurists belonging to other schools of thought, particularly the Hanafis, treated this
doctrine as too vague and too general to be useful in making legal deductions.

Besides the above mentioned two reasons, another cause for its unpopularity was the example
quoted by Maliki Jurists in support of that doctrine.

● According to the said example, “force can be used on an accused if theft till he confesses
his offense. But the general principle accepted by all jurists of Islam is this that it would
be better to acquit a guilty person than to subject an innocent oerson to torture or
ill-treatement.”

However, the importance of this doctrine cannot be easily ignored in several cases and, therefore,
the jurists have expressed their views in logical manners by advancing several conditions of this
doctrine and by quoting important examples.

Conditions of Masaliha-I-Mursalawal-Istislah

The jurists have mentioned two conditions for application of this doctrine.

1. The question arose before jurists should not relate to worshiping. It should only relate to
such daily affairs which require thinking as to how this doctrine be used to meet the issue.
 2. The question should involve the needs of the people and not luxuries. The need must be to
protect religion, life, property, race or generation, and sanity.

Anything which ensures the protection of these five needs is called “Masalaha” (public good) and
anything which damages these five needs is called “Mafsadah'' (public damage).

Therefore, punishments for different crimes related to the aforementioned five needs can be
imposed to protect those needs.

Examples

1: It is known to everyone that during the period of the Holy Prophet P.B.U.H, only a call was
sufficient to go for Jihad. In the present age, it cannot be expected that people would gather on a
call to protect their country.

Therefore, having an army to protect the country and to impose tax on the people to meet the
expenses of the said army would be the only solution to such an issue.

2: To receive back the stolen property or another property with the same value from the thief is
the need of the time.

3: If non-muslim enemy puts muslim prisoners on the front as a shield to meet its ends and
extends threat to the muslim army that those muslim prisoners would be killed. In such situation, if
there is danger of dire consequences then those muslim prisoners can be killed by the muslims
themselves.

From the above, it is evident that to draw a demarcation (boundary,distinction) between the
‘doctrine of Istihsan’ presented by the Imam Abu-Hanifa and the ‘doctrine of public good’ as
advanced by Imam Malik, is not easy because basic aim of the both is same.
Technically it stands for an interest which protects the end and fulfills the purpose of law.

According to Imam Malik, it is an independent source of law. Therefore, this doctrine cannot be
called the part of Qiyas as that of Istihsan.

Ahmed Hasan in his book “Analogical Reasoning in Islamic Jurisprudence,” Al-Ghazali in his “Shifa
Al-Ghalil,” clearly distinguishes between maslahah and munasabah;

Maslahah being something useful and removing something harmful; munasabah being the
preservation of an objective.

With reference to “Maslahah and Munasabah” he remarks: “Originally maslahah is seeking utility
and removing harm. By maslahah we mean preservation of the objectives of the Shariah, and the
objectives of the shariah are five-fold.

Anything which involves preservation of these five principles (Usuk Khamsah) is maslahah and

🐚🌴🐿🦫🦋🐯🐰
that which causes the loss of these principles is mafsadah and removing it is maslahah.”

Istehsan
● The dictionary meaning of Istehsan is “to prefer or to consider one to be good between two
alternatives.”

● However, in its juristic sense or in Islamic Jurisprudence the concept of Istehsan is, “when
a Mujtahid has two alternatives in respect of any issue to be solved, he has a right to act
upon any alternative which he considers convenient, free of hardships and good for the
public.”
 ● Istehsan is a kind of Qisas.

● This doctrine was presented by Imam Abu Hanifa.

● His main followers supported it half heartedly because this term Istehsan was seriously
criticized by Imam Shafi.

Thus they started saying that Qiyas is of two kinds, namely:

● Apparent, obvious or patent Analogy (Qiyas Jali)
● Latent (hidden) Analogy (Qiyas Khafi)

And Istehsan is related to Qiyas Khafi which is generally defined by the jurist that “Qiyas Khafi” is
a kind of such reasoning, which although is engraved on the heart of Mujtahid, but he cannot
describe it in words.

From the above it can be said that “Istehsan means to give preference to one Qiyas over the other
Qiyas (to be termed as “Istehsan-i-Qiyas”).”

According to the Hanafi Jurists, if anything is found proved by Qiyas but is not usually acted upon
or acting upon the same would create hardships and inconvenience to the people in any form or is
in conflict with Ijma, then the Mujtahid has right to refuse to follow that path and can follow
such path which would be more convenient to the people, free of hardships, and advances the
welfare if the public and is closer to the interest of justice.

● In English, it can be translated as juristic preference.

● In its legal sense it can be said that “Istehsan prescribes what should be the law” rather
than “what is law.”

● According to Sir Abdul Rahim, “Istehsan” is similar to the law of equity.

It is necessary to point out that:

According to the Hanafi Jurists “Istehsan is not separated from the primary sources of law (means
Quran and Hadith) or the secondary sources of law (means Ijma or Qiyas). Rather it would be
under these sources.”

But this is also true that the upholders (supporters) of Istehsan do not believe in literal
translation of the phrases used in the Holy Quran or the Hadith, because they feel that all
human-beings have been blessed with wisdom which can be used by them to interpret those verses
which they think to be fittest in accordance with the circumstances.

On the other hand, Imam Shafi strongly criticized the views of the Hanafis with reference to
Istehsan. According to one saying of Imam Shafi, “If anyone issues a decree on the basis of
Istehsan, he gives birth to new Shariah.”

Due to this strict stand of Imam Shafi, the disciples of Imam Abu Hanifa did not come forward to
support it wholeheartedly. They, rather half-heartedly, softened their reasoning diplomatically by
saying that it is a kind of Qiyas because they knew very well that the Sha’afii were not against
Qiyas.

Examples

Different examples of Istehsan can be quoted in support of the above doctrine.

In case of sale, existence of the substance which is being sold is must, but in the present age, such
contracts are common where the substances are not existing. Followers of Shafii treat it as a
promise to sell and not sell.

Similarly, if a man says that after his death his son shall be “Mutawali of his property” but, at the
time of his death, his son is still a minor whose appointment as Mutawali is invalid, then according
to Istehsan he will be treated as Mutawali and Qazi (Court) would appoint some competent
guardian of that minor.
Therefore, it is evident from these examples that the doctrine of Istehsan is based on the
consideration that the law be regulated for the good and welfare of the people and to end rigidly of
law.

Reason is obvious. Rigidly is conservative, therefore, it cannot go side by side with the changing
circumstances. Hence, it may lead to injustice.

Further explanation with reference to the above aspect of rigidly can be understood by taking into
consideration the kinds of Istehsan which are as under:

Kinds of Istehsan
● Istehsan-e-Qiyasi
● Istehsan-e-Zarurat
● Istehsan-e-Ijma

Istehsan-e-Qiyasi

Under this title, Mujtahid can bend the law in favor of the people to meet the changed
circumstances instead of adapting rigidly.

For example, the Quranic Injunction for the offense of Theft is to cut off the hands of thieves. But
Hazrat Umar (R.A) suspended that punishment when there was severe famine, because famine
had become the cause of thefts and accused persons were committing that crime to save their lives.

Istehsan-e-Zarurat

Under this title, a person is allowed to adopt alternative Sunnah in case of need.
For example, all muslims say prayer (Salat) by standing but a patient or a weak person has a right
to say prayer by sitting, lying on bed, floor, or chair.

Istehsan-e-Ijma

Under this title, if two Ijmas are available in a similar question of law then the one which is closer
to the Quran and Sunnah has to be adopted.

For example, there is Ijma of the Hanafis or Ahl-ur-Rai that three divorces pronounced in one
meeting finishes the Nikkah, but according to the Ijma of Ahl-e-Hadith, any number of
pronouncements of divorces in one meeting would be treated as one divorce.

Which Ijma is closer to the Quran and Sunnah? The Hanafis would treat their Ijma as being
closer to the Quran and Sunnah. Same would be the claim of Ahl-e-Hadith.

Interestingly, the supporters of Istehsan are not ready to accept this kind of Istehsan because it
would shatter their concept of Taqlid. Therefore, it can be said that this type of Istehsan is not a

🥞🪴🧇🧀🍒🫐
kind of Istehsan.

Istidlal

● The word Istidlal in ordinary use means “to derive a thing from another thing with logic (or
Daleel).

The difference of views among jurists about this term can be summarized as under:

According to the Makikis and Sha’afii

It is a method of comparing or ratiocination (reasoning) which is not attracted by any of the four
sources of law in Islam.

According to the Hanafis

It is related to the rules of interpretation. But this view is not accepted by other Imams.

From the above, it is evident that the concept of Istidlal is much wider in its scope than Istehsan
and Masalah Marsalah. It is based on reasoning and logic.

Almost all the jurists agree that Istidlal is a method if juristic deduction and it includes all forms
of comparing or ratiocination but do not fall within the scope of analogical deduction (means
Qiyas) or the Hanafi’s doctrine of Istihsan (means juristic equity) or the Maliki’s doctrine of public
good.

By keeping its different aspects, the jurists have described its four kinds or characteristics which
can be understood with the help of examples.

Examples

1: It is of logical nature. It means that it is based on such reasoning which, if accepted to be

correct, then results have to be accepted correct.

For example, as “consent of parties if a contract is necessary, hence consent of parties is also
necessary in the case of sale because sale is also a contract.”

2: The second kind is termed a ‘Istishab.’ It means to keep status-quo of a thing unless the
contrary is proved.
For example, in the case of a man who has disappeared and whose whereabouts are unknown, he
would be treated as a living person for all kinds of matters in Shariah unless his death is proved.
Hence, his property shall never be distributed among his legal heirs.

According to the Sha’afis, he would be given the share from the property of such deceased person
to whom he can be a legal heir. The Hanafis agree with Shafii to the extent of his past rights and
not to the extent of his future rights.

Therefore, the Hanafis say that his property shall not be distributed to his legal heirs unless he is
proven to be dead, but he would not be entitled to get share of a deceased person as a legal heir
because it is his future right.

3: The third kind of Istidlal relates to such “Ahkam” of the Shariah which were not abrogated
(repealed) by Islam.

For example; most of the principles relating to the administration of justice were not abrogated
except that they were refined.

4: The fourth kind of Istidlal relates to some principles which can be clarified from the following
four causes:

✨1) When the issue is decided on the strength of two positive points by comparing them with one
another.

For example; if a person has valid rights of divorce, he also has the valid right of Zihar.

✨2) When the issue is decided on the strength of two negative points by comparing them with
one another.
For example; If “ablution” (Wadu) without specific intention is valid then tayammum is also valid
without specific intention. It is known to everyone that ablution without specific intention is not
valid, therefore, tayammum without specific intention is also not valid.

✨3) When the issue is decided on the strength of one positive and one negative point by
comparing them with one another.

For example; if one thing is permissible, it cannot be called Haram or forbidden.

✨4) When the issue is decided on the strength of one negative and one positive point by
comparing them with one another.

✨🌔🐇🪄✨
For example; if one thing is not valid, it is forbidden.

Ijtehad
● The word Ijtehad has been derived from the word “Juhd” which means “to strive” or “to
struggle.” These are the dictionary meanings.

● In juristic meanings “Ijtehad” is a process of rethinking and reinterpreting the law by a

mujtahid.

Al-Jassas in his Usul has opined that the word Ijtehad can be used for three meanings.
1. In the first place, it means analogy in legal matters on the basis of Illat from the text.

2. In the second place, it means to acquire knowledge of truth by expressing opinion without
Illat.
3. In the third place it means reasoning (Istidlal).
 For example; the punishment of a thief in the Holy Quran is “cutting off their hands.” This law of
the Quran cannot be changed. But there are several questions which require rethinking and
reinterpretation. For example:

What is the meaning of “hand”? Only to the extent of fingers? or fingers up to the wrist? or
fingers up to elbow? Left hand or right hand? and whether there can be any “Nisab” (value of
stolen property) or not? Etc.

It is reported that once a thief was caught a second time. His one hand was already cut off. He
was brought to Hazrat Ali (R.A). Hazrat Ali (R.A) asked, “if the second hand is also cut, how
would he perform his daily affairs?” This was a rethinking of Hazrat Ali (R.A).

The second example can be the punishment of 100 stripes to an unmarried person in case of
adultery. But what should be the nature of stripes? Made of leather or wood? Hard or soft?
Striking of stripes be on legs or back or on another part of the body? etc. All such questions
require rethinking and reinterpreting.

From the period of the Holy Prophet P.B.U.H

1: Ijtehad was also done by the Holy Prophet P.B.U.H at the time of Battle of Badr. The Holy
Prophet P.B.U.H chose a place for the muslim forces. One companion of the Holy Prophet P.B.U.H,
namely Hubab (R.A), asked the Holy Prophet P.B.U.H whether that place was chosen on account
of revelation.

When the answer of the Holy Prophet P.B.U.H was in negative, the companion of the Holy Prophet
P.B.U.H suggested another place from the war point of view. That suggestion was liked. It is the
best example of rethinking by the Holy Prophet P.B.U.H.
2: The concept of Ijtihad can also be derived from the appointment of Hazrat Muadh bin-Jabbal
as a governor of Yemen, who has also been appointed as the dispenser of justice or Qazi to dispense
justice.

At the time of his departure from Madinah, the Prophet P.B.U.H asked him, “How will you judge
when the occasion of deciding a case arises”? He replied: “I shall judge in accordance with Allah’s
Book.”
He asked: “(what will you do) if you do not find any guidance in Allah’s Book”? Muadh bin-Jabbal
replied: (I shall act) in accordance with the Sunnah of the Messenger of Allah P.B.U.H.

Prophet P.B.U.H asked: (What will you do) if you do not find any guidance in the Sunnah of the
Messenger of Allah P.B.U.H and in Allah’s Book”? He replied: “I shall do my best to form an opinion
and I shall spare no effort.”

And thereupon, the Prophet P.B.U.H said: “Praise be to Allah who has favored his Messenger with
what his Messenger is willing to approve.”

From the period of the companions of the Holy Prophet P.B.U.H

1: Similarly during the period of Hazrat Umar (R.A), a question arose to fix the punishment of
drinkers. Hazrat Ali (R.A) expressed his views that a drinker, after drinking, loses his senses and
talks in such manners that he blames others. It attracts the law of Qazaf.

Hence, punishment should be similar to the punishment of Qazaf i.e. 80 lashes. It was Ijtehad of
Hazrat Ali (R.A).

Hazrat Umar (R.A) imposed this punishment and no companion of the Holy Prophet P.B.U.H
opposed it. Therefore, it became Ijma on the Ijtehad of Hazrat Ali (R.A).
2: Another important example is from Hazrat Umar’s period, when a question arose to distribute
the lands of Iraq and Syria after they were captured. Hazrat Umar (R.A) was of the view that
the lands be not distributed among the Sahaba.

Some Sahaba (R.A) said that the land be distributed as land of Khyber was distributed. No
decision could take place. Hence, matter was discussed in Madina with nobles of Ansars also.
Finally, it was agreed that the land be not distributed but jizya be obtained from its owners for
the army expenses.

That army would protect the lands of Iraq and Syria. Thus, Ijtehad of Hazrat Umar (R.A)
became Ijma of Sahaba.

Ijtehad on Wajib or Obligation

There is no dispute over it that Ijtehad cannot be done on Wajib or obligation (Farz), such as on
five daily prayers, Zakat, Hajj, and Hudood, etc. because it would be a sin. But Ijtehad would be
done on such issues which arise at any time on some other matters.

And in such cases, if any wrong decision is done unintentionally then it is not treated as a sin.
Moreover, Ijtehad is done by a person individually by a mujtahid who is not bound to follow other
Mujtahid.

Different views about Ijtehad

The people who believe in the Taqlid of any Imam have different views about Ijtehad.

It was in the middle of 7th century when all Sunni Jurists unanimously took a stand that the
doors of Ijtihad have been closed and the four codified laws of four Sunni Imams are sufficient to
decide each and every problem.
These codified laws were termed as: Fiqah-e-Hanafi, Fiqah-e-Maliki, Fiqah-e-Shafi, and
Fiqah-e-Hambli. They had the faith that all problems to be faced by the muslims had been solved
in those laws.

It gave birth to bitter debates not only between the two main groups i.e. Ahl-e-Rai and
Ahl-e-Hadith but also among the followers of the four Sunni Imams.

Several famous books were written by each group and the sects. Even, in India, famous fatwas
such as Fatawa Qazi Khan (bu Hussain bin Mansoor in 295 AH) and Fatawa Hindia (also known
as Fatawa Alamgiri) were also written for the guidance of people.

The idea of closing the doors of Ijtihad started soon after the period of Abbasids ended at the
hands of Halaku khan. The opposers of Ijtihad put such qualifications for Mujtahid which cannot
be found now-a-days in any person easily.

🪐✨ Qualification of Mujtahids
According to the religious divines a Mujtahid must have following qualities:

1. He must be a scholar of the Holy Quran and Sunnah.

2. Must have knowledge of Qiyas.

3. Must be an expert of Arabic language.

4. Must be a thinker/jurist.

5. Must be well-versed with up to date modern language.

With reference to the above qualifications it is said that:

 6. A Mujtahid must know when a Surah or Verse was revealed;

7. Must know the relationship between Surahs and Verses.

8. Must have knowledge of abrogating (revoke/repeal) and abrogated verses.

9. He must be “Hafiz-e-Quran” (know Quran by heart).

10. Must have knowledge of at least 3000 Hadith and their explanation with their history.

11. Must lead a pious life.

12. Must have knowledge of all fiqas of different schools of thought.

13. Must have knowledge of all sciences of law.

No one knows whether the five known Imams (Abu-Hanifa, Malik, Shafi, Hambal or Imam Jafar
Saqid) had all these qualities or not, but on account of these qualities, it is said that as no one has
such qualities to become Mujtahid, therefore, doors of Ijtihad are closed.

Kinds of Mujtahids

As the qualities mentioned for a mujtahid are not found in one man, therefore, even those jurists
who believe in Taqlid, have described the following kinds of Mujtahids.

1: Mujtahid-fil-Shariah

A founder of any school of thought is called “Mujtahid-fil-Shariah,” such as Imam Abu-Hanifa,

Imam Malik, Imam Shafi, Imam Ahmed bin Hambal and Imam Jaffer Sadiq.
2: Mujtahid-fil-Mazhab

The Sunnis treat the four schools of thought “Mazahib-e-Arba” means four religions. Nowadays,
books are written on “Mazahib-e-Khamsa.”

The fifth religion is stated to be of Imam Jaffar Sadiq. Any Mujtahid who is follower of any school
of thought and has qualities of Ijtihad in his Mazhab (means fiqh) is said to be
Mujtahid-fil-Mazhab, such a main disciples of Imam Abu-Hanifa, namely: Imam Abu Yousuf,
Imam Muhammad and Imam Zafar.

3: Mujtahid-fil-Masail

Any mujtahid who has any specific view about certain issues is called Mujtahid-fil-Masail, such as
Tahavi in the Hanafi school of thought. In the present age, Pir Karam Shah of Pakistan differed
with other Hanafi Ulema on the issue of Halala. So, he can be called Mujtahid-fil-Masail.

4: Sahib-al-Takhreej

A mujtahid who is bound to his Imam and can deduce law from the codified law of his Imam.

5: Sahib-al-Tarjeeh

A mujtahid who can give preference to any issue. In other words, he must have knowledge of
Istihsan as a writer.

6: Sahib-al-Tasheeh

A mujtahid who can declare which view is strong and which is weak.
Notwithstanding the views of Muqakids, the Holy Quran supports Ijtihad. We can get support from
several Verses including the following Verse (which has been translated in English):

“They have hearts with which they fail to understand; and they have eyes with which they fail to
see; and they have ears with which they fail to hear. They are like cattle – indeed, even more
astray.” – (7:179).

As the Quran supports Ijtihad, therefore, its doors cannot be closed.