GT20302

USUL FIQH/ISLAMIC
JURISPRUDENCE
IJTIHAD (PERSONAL REASONING)

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 CONTENTS
1) Introduction
2) The Value (Hukm) of Ijtihad
3) Conditions (Shurut) of Ijtihad
4) The Ranks of the Mujtahidun

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 Introduction
• Literally means striving, or self-
exertion in any activity which
entails a measure of hardship.

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 Introduction
• Ijtihad is defined as the total
expenditure of effort made by a
jurist in order to infer, with a
degree of probability, the rules
of Shari'ah from their detailed
evidence in the sources.
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 Introduction
• Some ulema have defined ijtihad as
the application by a jurist of all his
faculties either in inferring the rules
of Shari'ah from their sources, or in
implementing such rules and
applying them to particular issues.

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 Introduction
• Ijtihad essentially consists of an
inference (istinbat) that amounts
to a probability (zann), thereby
excluding the extraction of a
ruling from a clear text.

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The Value (Hukm) of Ijtihad
1) Ijtihad becomes a personal
obligation (wajib or fard `ayn) of
the qualified mujtahid in urgent
cases, that is, when there is fear
that the cause of justice or truth
may be lost if ijtihad is not
immediately attempted.
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The Value (Hukm) of Ijtihad
2) Ijtihad becomes a fard kafa'i
when there is no urgency over
ijtihad, or in the event where
other mujtahids are available.

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 The Value (Hukm) of Ijtihad
3) Ijtihad is recommended (mandub) in all
cases where no particular issue has been
referred to the mujtahid, or when it is
attempted in the absence of an issue by
way of theoretical construction at the
initiative of the jurist himself.

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The Value (Hukm) of Ijtihad
4) Ijtihad is forbidden (haram)
when it contradicts the decisive
rules of the Qur'an, the Sunnah
and a definite ijma'.

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Conditions (Shurut) of Ijtihad
1) Knowledge of Arabic to the
extent that enables the scholar to
enjoy a correct understanding of
the Qur'an and the Sunnah.

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Conditions (Shurut) of Ijtihad
2) The mujtahid must also be
knowledgeable in the Qur'an and the
Sunnah, the Makki and the
Madinese contents of the Qur'an, the
occasions of its revelation (asbab al-
nuzul), the incidences of abrogation
therein, and the legal contents.
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Conditions (Shurut) of Ijtihad
3) The mujtahid must possess an
adequate knowledge of the
Sunnah, especially that part of it
which relates to the subject of his
ijtihad.

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Conditions (Shurut) of Ijtihad
4) The mujtahid must also know the
substance of the furu`works and the
points on which there is an ijma'. He
should be able to verify the consensus of
the Companions, the Successors, and the
leading Imams and mujtahidun of the past
so that he is guarded against the
possibility of issuing an opinion contrary
to such an ijma`.

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Conditions (Shurut) of Ijtihad
5) The mujtahid must possess an
adequate knowledge of Qiyas.

6) The mujtahid should know the

objectives (maqasid) of the Shari'ah,
which consist of the masalih
(considerations of public interest).
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Conditions (Shurut) of Ijtihad
7) The mujtahid must be an upright
(`adil) person who refrains from
committing sins and whose
judgement the people can trust.

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The Ranks of the Mujtahidun
1) Full Mujtahid (mujtahid fi'l-shar'). This
rank is assigned to chose who fulfilled all
the requirements of ijtihad. They deduced
the ahkam from the evidence in the
sources, and in so doing were not
restricted by the rules of a particular
madhhab. The learned among the
Companions,the leading Imams of the
four schools.

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The Ranks of the Mujtahidun
2) Mujtahids within the School. These
are jurists who expounded the law
within the confines of a particular
school while adhering to the
principles laid down by their Imams.
Among the prominent names that
feature in this category are Zafar b.
al-Hudhayl, Hasan b. Ziyad.
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The Ranks of the Mujtahidun
3) Mujtahids on Particular Issues.
These are jurists who were
competent to elucidate and apply
the law in particular cases which
were not settled by the jurists of
the first and second ranks.
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The Ranks of the Mujtahidun
4) The so-called ashab al-takhrij, who
did not deduce the ahkam but were
well conversant in the doctrine and
were able to indicate which view was
preferable in cases of ambiguity, or
regarding suitability to prevailing
conditions.
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The Ranks of the Mujtahidun
5) The ashab al-tarjih are those
who were competent to make
comparisons and distinguish the
correct (sahih) and the preferred
(rajih, arjah) and the agreed upon
(mufta biha) views from the weak
ones.
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WALLAHU ’ALAM
THANK YOU VERY
MUCH FOR YOUR
ATTENTION

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Muham