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Ijtihad
| Judicial interpretation |
|---|
| Forms |
| General rules of interpretation |
| General theories of interpretation |
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Ijtihad (/ˌɪdʒtəˈhɑːd/ IJ-tə-HAHD;[1] Arabic: اجتهاد ijtihād [ʔidʒ.tihaːd], lit. 'physical effort' or 'mental effort')[2] is an Islamic legal term referring to independent reasoning by an expert in Islamic law,[3] or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question.[2] It is contrasted with taqlid (imitation, conformity to legal precedent).[3][4] According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (usul al-fiqh),[3] and is not employed where authentic and authoritative texts (Qur'an and hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (ijma).[2] Ijtihad is considered to be a religious duty for those qualified to perform it.[3] An Islamic scholar who is qualified to perform ijtihad is called as a "mujtahid".[2][5]
For first five centuries of Islam, the practice of ijtihad continued in theory and practice among Sunni Muslims. It then first became subject to dispute in the 12th century.[6] By the 14th century, development of classic Islamic jurisprudence or fiqh prompted leading Sunni jurists to state that the main legal questions in Islam had been addressed, and to call for the scope of ijtihad to be restricted.[2] In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the Muslim public that the so-called "gate of ijtihad" was closed at the start of the classical era.[2][7] While recent scholarship established that the practice of Ijtihad had never ceased in Islamic history, the extent and mechanisms of legal change in the post-formative period remain a subject of debate.[8] Differences amongst the Fuqaha (jurists) prevented Sunni Muslims from reaching any consensus (Ijma) on the issues of continuity of Ijtihad and existence of Mujtahids.[6] Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries.[9] Ijtihad was practiced throughout the Early modern period and claims for ijtihad and its superiority over taqlid were voiced unremittingly.[10]
Starting from the 18th century, Islamic reformers began calling for abandonment of taqlid and emphasis on ijtihad, which they saw as a return to Islamic origins.[2] Public debates in the Muslim world surrounding ijtihad continue to the present day.[2] The advocacy of ijtihad has been particularly associated with the Salafiyya and modernist movements.[11][2] Among contemporary Muslims in the West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical methodology.[2]
Shia jurists did not use the term ijtihad until the 12th century. With the exception of Zaydi jurisprudence, the early Imami Shia were unanimous in censuring Ijtihad in the field of law (Ahkam). After the Shiite embrace of various doctrines of Mu'tazila and classical Sunnite Fiqh (jurisprudence), this led to a change.[2][12] After the victory of the Usulis who based law on principles (usul) over the Akhbaris ("traditionalists") who emphasized on reports or traditions (khabar) by the 19th century, Ijtihad would become a mainstream Shia practice.[13]
- ^ "ijtihad". Collins English Dictionary (13th ed.). HarperCollins. 2018. ISBN 978-0-008-28437-4.
- ^ a b c d e f g h i j k Rabb, Intisar A. (2009). "Ijtihād". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. ISBN 978-0-19-530513-5.
- ^ a b c d John L. Esposito, ed. (2014). "Taqiyah". Ijtihad. The Oxford Dictionary of Islam. Oxford: Oxford University Press. ISBN 978-0-19-512558-0.
- ^ John L. Esposito, ed. (2014). "Taqlid". The Oxford Dictionary of Islam. Oxford: Oxford University Press. ISBN 978-0-19-512558-0.
- ^ sometimes spelt mojtahed
- ^ a b B. Hallaq, Wael (March 1984). "Was the Gate of Ijtihad Closed?". International Journal of Middle East Studies. 16 (1): 20, 33. doi:10.1017/S0020743800027598. JSTOR 162939. S2CID 159897995.
- ^ Gould, Rebecca (January 2015). "Ijtihād against Madhhab: Legal Hybridity and the Meanings of Modernity in Early Modern Daghestan". Comparative Studies in Society and History. 57 (1): 50–51. doi:10.1017/S0010417514000590. JSTOR 43908333. S2CID 121170987.
- ^ Cite error: The named reference
katzwas invoked but never defined (see the help page). - ^ E. Campo, Juan (2009). Encyclopedia of Islam. New York: Facts On File, Inc. p. 346. ISBN 978-0-8160-5454-1.
..ijtihad has, in fact, been a key aspect of Islamic jurisprudence for centuries thereafter."
- ^ B. Hallaq, Wael (March 1984). "Was the Gate of Ijtihad Closed?". International Journal of Middle East Studies. 16 (1): 20. doi:10.1017/S0020743800027598. JSTOR 162939. S2CID 159897995.
- ^ Haykel, Bernard (2014). "Chapter 1: On the Nature of Salafi Thought and Action". In Meijer, Roel (ed.). Global Salafism. 198 Madison Avenue, New York, New York 10016 USA: Oxford University Press. p. 34, 43, 51. ISBN 978-0-19-933343-1.
{{cite book}}: CS1 maint: location (link) - ^ Rahman, Fazlur (2000). REVIVAL AND REFORM IN ISLAM: A Study of Islamic Fundamentalism. Oxford, England: One World Publications Oxford. pp. 63–64. ISBN 1-85168-204-X.
- ^ Mohammad Farzaneh, Mateo (2015). The Iranian Constitutional Revolution and the Clerical Leadership of Khurasani. Syracuse, New York: Syracuse University Press. p. 6. ISBN 978-0-8156-3388-4.
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