The root word of ijtehad is “Juhd” which means “to try or strive”. It's the process in which a scholar independently strive to find answers, reasons or solutions to the problem in light of Quran and Ahadees.
Qiyaas
Sometimes they use analogy to find solutions. E.g: alcohol is forbidden. So if a thing has same effect as alcohol, it is also forbidden.
This method of analogy is called “Qiyaas”.
2. Methods to
Solve
Problems
Ijma
It's a unanimous decision of Muslims, specifically, Muslim scholars on
new matters.
We find examples of Ijma from the life of Holy Prophet (SAW). Holy
Prophet took suggestions and decided accordingly. But the decision
of Prophet was always final.
3. Methods to
Solve
Problems
Ijtehad
The root word of ijtehad is “Juhd” which means “to try or strive”. It's
the process in which a scholar independently strive to find answers,
reasons or solutions to the problem in light of Quran and Ahadees.
Qiyaas
Sometimes they use analogy to find solutions. E.g: alcohol is
forbidden. So if a thing has same effect as alcohol, it is also
forbidden.
This method of analogy is called “Qiyaas”.
4. Origin of word
“Ijtihad”
Ijtihad (Arabic: اجتهاد Ijtihād, referring to independent reasoning or
the thorough exertion of a jurist's mental faculty in finding a
solution to a legal question.
It is contrasted withTaqlid (imitation, conformity to legal
precedent).
According to classical SunniTheory, Ijtihad requires expertise in
the Arabic language, theology, revealed texts, and principles of
jurisprudence (Usul Al-Fiqh), & 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).
5. Ijtihad as per
Islamic
Scholars
According to Imam Ghazali (a philosopher of Islamic golden
age), ijtihad means to expand one’s capacity in certain
matter and use it to the utmost.
Sayf al-Din al-Amidi (a jurist of the shafi school) defined
ijtihad as the total expenditure of effort in search for an
opinion as to any legal rule in such a manner that an
individual senses (within himself)
6. Formative
Period
10th century
In 10th century, most Sunni jurists argued that all major matters of
religious law had been settled, allowing for taqlid (established legal
precedents and traditions," to take priority over ijtihād اجتهاد.) )
This move away from the practice of ijtihād was made by the Hanafī
and Malikī law schools, and the majority of Shafīʿis, but not by Hanbalīs
or a number of prominent Shafīʿi jurists who believed that "true
consensus" ijma, apart from that of Muhammad's Companions, did not
exist" and that "the constant continuous existence of mujtahids was a
theological requirement."
7. Formative
Period
During the early period, ijtihad referred to exercise of one's
discretionary opinion (ra'y) on the basis of the knowledge of
the precedent (‘ilm).
Jurists used ra'y to help reach legal rulings, in cases where
the Qur'an and Sunna did not provide clear direction for
certain decisions.
As religious law continued to develop over time, ra'y became
insufficient in making sure that fair legal rulings were being
derived in keeping with both the Qur'an and Sunna.
8. Formative
Period
However, during this time, the meaning and process of ijtihad
became more clearly constructed.
Ijtihad was "limited to a systematic method of interpreting the
law on the basis of authoritative texts, the Quran and Sunna," and
the rulings could be "extended to a new problem as long as the
precedent and the new situation shared the same clause."
9. Modern era
During the turn of the 16th to 17th century, Sunni Muslim
reformers began to criticizeTaqlid, and promoted greater use of
ijtihad in legal matters.
They claimed that instead of looking solely to previous
generations for practices developed by religious scholars, there
should be an established doctrine and rule of behavior through the
interpretation of original foundational texts of Islam—the Qur'an
and Sunna.
10. Insights of
Ijtihad
“Expending Every Possible Effort”
The Mujtahid spends every possible effort
Leaving no stone unturned
Ijtihad is certainly not merely surfing a few websites on the
internet, or skimming some pages of a few Arabic books.
It is nothing less than examining and interrogating all the relevant
proof-texts on the matter before arriving at a legal judgement or
hukm
11. Insights of
Ijtihad
However ‘An extremely versed and brilliant jurist who
Has mastered Arabic grammar;
Memorized the Quran ,Makki & Madni Contents,
Relevant occasion(Asbab ul Nazul)
Possessing a sharp, analytical mind
Has reached a rank of restricted ijtihad
thus qualified
to investigate the textual reasoning of the leading scholars.
When truth becomes apparent
12. Insights of
Ijtihad
Acted upon by one of the great Imams
Abu Hanifah , Maliki, Shafai, Hambali, Jafferi
Ijtihad also takes place in cases where no evidence, Direct or
indirect ,can be found.
13. IjtihadToday
Since Ijtihad is primarily a legislative function controlled by the
state
An opinion issued by a Mujtahid would have no significance unless
it is accepted by the state and converted into law through
legislation.
14. Conclusion
Islam the fastest growing religion in the world
The process of ijtihad allowed Muslims to continually adapt in the
face of changing societal conditions and new advances in
knowledge.
However, declaring the Shariah complete and announcing of the
closure of the gate of ijtihad turns the great thinkers into idols.
