Life and Teachings of the Prophet Muhammad
8. The Concept of Ijtihaad in Islam
~ 105 ~
Ijtihaad does not mean simply personal opinion, but rather the
seeking of guidance from the Quran and Hadith regarding changed
situations. The task can be performed only by those who have a
thorough knowledge of the Quran and Hadith. Coupled with this,
they should also be sincere in seeking guidance from these basic
sources of Islam. Whether Ijtihaad is practised through Ijma or
Qiyas, certain things must be borne in mind as pre-requisites for its
validity in relation to the Shariah.
a) Ijtihaad must be based on fundamental principles laid down
by the Quran and the Prophet and should not be
inconsistent with them.
b) The fundamental principles of the Shariah may be applied
and re-applied to any new situation through Ijtihaad,
provided this does not change anything clearly declared
Haraam
(unlawful) into
Halal
(lawful), or vice versa.
c) Any law, rules, regulations concluded through Ijtihaad will
be acceptable only when they are conducive to achieving
the essential purposes of the Islamic shariah, which is
broadly divided into five categories : (i) preservation of life
(ii) preservation of money (iii) preservation of self-respect
and dignity (iv) preservation of one’s religion
(v) preservation of the intellect or sanity of mind (
Al-
Muwafaqat
, Shatibi).
Let us look at further examples. The Prophet once sent a group
of the Companions to the settlement of Banu Qurayza on the
