Life and Teachings of the Prophet Muhammad
8. The Concept of Ijtihaad in Islam
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8. THE CONCEPT OF IJTIHAAD IN
ISLAM
I
JTIHAAD
as a source of Islamic shariah has the approval of both the
Quran and the Sunnah. It is known as ‘inference’ in the Quran
(4:83) and Ijtihaad in tradition (sayings of the Prophet). It is first
referred to in a famous tradition of the Prophet concerning Muaz
ibn Jabal, a companion of the Prophet. The practice of Ijtihaad,
according to Muslim jurists (Fuqaha) can take place at two levels:
one is collective, which is called Ijma (consensus), while the other
is individual in nature and is known as
Qiyas
(Analogy). Both the
Ijma and Qiyas aim at re-application of the principles of the Quran
and Sunnah to situations and problems not explicitly covered by
these two basic sources of religious legislation. (For details see:
Al-Umm
, by Imam Shafii)
The compilation of the Quran in book form, instead of in the
separate portions possessed by the companions, is taken as a
historical example of collective Ijtihaad, i.e. Ijma in which all the
companions of the Prophet unanimously agreed on the legitimacy
of the project. Further details on this subject will be given later on,
while Qiyas (analogy), which is generally exercised at the individual
level, is illustrated by the following. The Quran prohibits the
drinking of wine. Similarly, the Prophet’s Sunnah contains a
number of prohibiting commandments in this connection. In those
times wine was the only intoxicant. That is why the Quran and
Sunnah have prohibited wine specifically. But what about drugs like