Ijtihad and Mujtahid
by his Eminence Maulana Muhammad Abdul Aleem Siddiqi Al-Qadri
From Ch. VI, "The Codification of
Islamic Law" published by Haji Mohammed Ibrahim,
This
No one can be given the right to
interpret man-made laws, which continue to change and to be
amended on day-to-day basis, unless he is a fully-qualified
Barrister-at-Law, nay, unless he has mastered the higher
subjects, as, for instance, the Philosophy of Law, the
History of Law, Social Psychology and Sociology, etc., and
can stand up as in the true sense a Doctor of Law. But, what
a pity, that people can afford to believe that the work of
Ijtihad (i.e., of interpreting the revealed Law of
God and of deducing new laws from it) can be done by X, Y,
Z. Such a monstrous suggestion is staggering, and it can
possibly come only from those who have but a scant regard
for God and His Law!
Definition
The word 'Ijtihad' has been
derived from the root JHD, and literally means "striving
with full exertion." In Islamic legal terminology, it
denotes an attempt to choose, in the light of the Qur'an and
the Sunnah, between two or more differing legal
interpretations and to deduce, from the Qur'an and the
Sunnah, any new rulings in order to address new legal
situations. One who performs "Ijtihad" is called "Mujtahid".
The Qualifications of a Mujtahid
The learned men of Islam have laid
down certain qualifications, in the light of the Qur'an and
the Sunnah, which a person must possess for acting
and for being accepted as a Mujtahid. Allama Shah
Waliullah of
(1) He should be an expert in the
Arabic language, literature and philology, so that he may be
able to decide properly between the different connotations
of the same word.
(2) He should be a high calibre
scholar of the Qur'an, and his study of it should be so
intensive and extensive that whenever he has to consider a
given problem, he should be capable of keeping before his
mind's eye the whole sweep of Quranic thought and all
relevant verses.
(3) He should have the Traditions of
the Holy Prophet [Hadith] memorized, so that whenever
he has to concentrate on any problem, he may have all the
connected Traditions, even those indirect ones, before him,
clearly and vividly, to guide his thinking both
appropriately and comprehensively.
(4) Further he should be an expert in
both the science of historical criticism (Riwayat)
and logical criticism (Dirayat), so that he may be
able to view the worth and connotation of various
Traditions, under study in their proper perspective.
(5) Above all, he should possess piety
and a true Islamic character, and his heart should be imbued
with what the Qur'an calls 'fear of God'.
Now, my friends, if there is a person
who claims to be a Mujtahid, but who doesn't even
possess not one-tenth of these qualifications, what else can
you say about him besides that he is groping in the dark.
What else could be the result of his stumbling except
misguidance.
Allama Shah Waliullah of
Qalaadah
and Taqleed
Qalaadah
and Taqleed are two related Arabic
words. The word Qalaadah means "a rope or a chain
which is bound to the neck of someone to make him follow
behind." Taqleed connotes the act of following. As a
religious term, it has reference to the fact that "the
servants of God, who are linked together by obedience to
Him, receive God's Commandments through such and such a
chain."
That is, when someone says that he is
the Muqallid of Imam-e-Azam, it means that the chain
through which he is receiving the Commands of God is that
which passes through Imam-e-Azam to the Holy Prophet
Muhammad (peace be with him!).
It does not mean that he is following the commands of Abu
Hanifa. Nay, the Command is that given by God, the manner of
grasp is that taught by the Holy Prophet, the interpretation
is that given by the Companions, the arrangement is that
fixed by the Hanafi school. The work of the Aalim and
the Mufti is to follow this chain, to acquire his
knowledge of Islamic Law in conformity with it and to guide
the people in their legal affairs.
Suppose, today, someone makes an
enquiry from me concerning some point of Islamic law. What
shall I do ? I have no right to give him some commandment on
my own behalf or tell him something in the light of my own
commonsense. My function is simply to deliver the law which
God has given and to guide people on the basis of that
revealed Guidance. This function is also based on certain
authority and certain qualifications. For instance:
(1) If I am questioned about any
particular problem which relates to Quranic text, I can
answer authoritatively, because I possess a continuous
authority reaching up to the Holy Prophet Muhammad (peace
be with him!).
(2) If I am questioned about any
particular problem which relates to Quranic exegesis or the
sciences which relate to Hadith literature, I can answer
authoritatively, because I possess a continuous link of
authority reaching up to the Holy Prophet.
(3) Similarly, if I am questioned
about any problems which relate to Islamic Law, in
accordance with the Hanafi, Maliki, Shafi'i or Hanbali
schools, I can answer authoritatively, because I possess the
continuous chains of authority which passes through the four
Imams and extends as far as the Holy Prophet (peace
be with him!).
I am here before you. My mode of life
and my character is before you. The evidence of history
about the authoritative learning and piety of my teachers is
before you. The commands which I am conveying to you and the
teaching which I am elaborating is in reality not from me.
It is the command and the teaching sent to humanity by God
through the Holy Prophet Muhammad (peace
be with him!). In the field of
Law, I know that every section of law which is found in
Hedaya, or Fath-ul-Qadeer, or Durre-e-Mukhtar,
or Shami, or any other similar book has been inserted
there after the utmost investigation, and I am ready at all
times to prove it.
After all, what are these books of
Islamic Law (Fiqh)? They are the handbooks detailing
the Law which the Holy Prophet brought to humanity. They are
the compendiums where each and every one of us can find a
ready-made and clear-cut reply to his legal problem.
The argument so far . . .
Even though this may prolong the
discussion, let me reiterate the argument that I have
expounded so far:
(1) The Holy Qur'an is the basic book
- the ground-work of Islamic Law. The explanation and
exposition of its teachings, in the light of the Holy
Prophet's Traditions, is called Ilm-ut-Tafsir (the
Science of Commentary). There exist numerous books on this
subject, among which the better known classics are :
Tafsir Tabari, Tafsir Baidwi, Tafsir Kashshaf
and Tafsir Ma'alim-ut-Tanzeel
(2) The explanation and detailed
exposition of the Quranic teachings by the Holy Prophet, in
his Sayings and Actions, forms the second basic source of
Islamic knowledge. Now that science which deals with the
collection of those Sayings and Actions of the Holy Prophet
is called the Science of Hadith. There are numerous
books on that subject, the most well-known classical works
being: the Sihah of Bukhari, Muslim, Abu Da'ud,
Tirmizi, Ibn Majah, Muwatta of Imam Malik, Musnad
of Imam Azam, Musnad of Imam Ahmad, etc., etc.
There are several compendiums where the Traditions have been
arranged alphabetically, e.g. Kanz-ul-Ummal and
Bihar-ul-Anwar. There are some compilations arranged in
a third way, e.g., Ma'ani-ul-Athar.
(3) The science which deals with the
biographies of the reporters of Traditions for the
assessment of their worth, is known as the Science of
Asthma-ur-Rijal, and there are many classical books
relating to it.
(4) The science which deals with the
gradation of Traditions is known as the science of Usool-e-Hadith.
(5) The science which deals with the
Principles of the Qur'an and the Hadith is known as Usool-e-Fiqh,
and there are several classical works and numerous
explanatory books on the subject.
(6) When the laws are fixed up and
deduced from the Qur'an and the Hadith according to the
rules of Usool-e-Fiqh, and they are arranged and
systematised in the form of a Law-Code, this science is
called Ilm-ul-Fiqh. There are a number of classics
and numerous handbooks on that subject.
By mentioning this classification of
Islamic science, my purpose is to give just an idea to my
simple-minded brothers and sisters who are being thrown into
confusion concerning the Islamic legal schools by certain
unconscientious people, who wish to establish their own
domination over others and leadership, and hence they
propagate all sorts of confusion. Some of them have their
own concealed sectarian ends to gain. Most of them are
ignorant of Islamic science and the safest way they can
adopt in order to gain leadership is to deny either the
validity or the necessity of those sciences. Many of them
are so unconscientious as to impute absolutely false motives
to the Imams, to call them as "gods besides Allah",
and to criminally impute Shirk (polytheism) to the
overwhelming majority of the Islamic world which accepts the
guidance of the Imams in the matter of understanding
the Islamic Law. Even a blind man can see how far they have
gone. Even the least intelligent person can grasp the
element of blasphemy in their stance. Even the ordinary
Muslim can understand that:
(1) When the Commentator of the Qur'an
ponders over the verses of that Sacred Book, in accordance
with the principles of language and grammar and in the light
of the Traditions of the Holy Prophet (peace
be with him!), he is doing
none other than obeying the following command of the Qur'an
itself: "Do they not then earnestly seek to understand
the Qur'an." (47:24)
(2) The scholar of Hadis (Muhaddis)
when he applies himself to the understanding of the Holy
Prophet's Sayings and Actions, does so only in obedience to
the Quranic teaching: "He who obeys the Apostle, obeys
God." (4:80)
(3) The scholar of Asthma-ur-Rijal,
when he carries out the work of examining the veracity
of the reporters of the Traditions, does so in conformity
with the Quranic principle of not accepting any report
without exhaustive investigation. (See 49:6)
(4) The scholar who applies the
science of Usool-e-Hadith for grading the Traditions
which are extant and for fixing up the categories of Fard,
Sunnah, Mustahab, Permissible, not-Permissible,
partially-Permissible, etc., in the domain of practical
injunctions, is only elaborating on the Quranic command: "And
whatsoever the Apostle giveth you, take it. And whatsoever
he forbiddeth, abstain (from it)." (59:7)
(5) The scholar of Usool-e-Fiqh
establishes the Principles of Islamic Law in order to
elaborate on the practical teachings of Islam for the
Faithful, in obedience to the following Quranic injunction:
"If a party from every group
remained behind, (they could devote themselves to the task
of) gaining sound knowledge in religion." (9:122)
(6) The Imams of Fiqh,
when they systematise the legal injunctions of Islam in the
light of Usool-e-Fiqh, do so merely to carry out the
Quranic injunction, which forms the remaining part of the
verse just quoted, namely : "and that they may warn their
folk when they return to them, so that they may beware."
(9:122)
Those Imams only further the
mission of the Holy Prophet (peace
be with him!) referred to in
the following verse : "O Messenger! Make known that which
hath been revealed unto thee from thy Lord." (5:67)
When they teach Islamic guidance to
the people, they do so in obedience to the Holy Prophet's
command : "Lo! Verily, let him who is present deliver the
Message to him who is absent."
When the Imams systematise
Islamic law so as to save men from falling into error and to
make the path of their understanding smooth, they only act
in accordance with the following Quranic command:
" Call unto the way of thy Lord
with wisdom and fair exhortation, and reason with them in
the better way. Lo! thy Lord is Best Aware of him who
strayeth from his way, and He is Best Aware of those who go
aright." (16:125)
Let us view this problem more closely.
Suppose a Muslim goes to an Islamic scholar and questions
him about Islamic law on some point of ceremony and worship
or on some point of human activity, what do you think should
be the procedure which that scholar should adopt? Do you
think the following procedure can be adopted as the normal
routine in all such cases ? When a questioner comes to an
Aalim, and asks a question, the Aalim concerned
will take up the Holy Qur'an, study it thoroughly in order
to discover the relevant verse or verses, shows the verse or
verses to the questioner, and then explains the verse or
verses in the light of linguistic, logical or historical
principles. Then he studies the whole Hadith literature
which comprises hundreds of thousands of Traditions, selects
the relevant Traditions, examines their authenticity in the
light of Historical and Logical Criticism, fixes up the
principles for preferring one Hadith to another. He then he
establishes the accurate legal form of the question, and
applies the knowledge he has obtained from the Qur'an and
the Hadith in accordance with certain valid
principles, formulates the Islamic law on the point, and
then explains the whole procedure to the questioner and so
as to prove to him its validity from the point of view of
the Qur'an and the Sunnah. Then the questioner might
feel that he had escaped Taqleed and that he has
received guidance direct from the Qur'an and the Sunnah.
Actually, even with such a procedure, the enquirer or
questioner has actually slipped into Taqleed, for the
knowledge he has obtained is through the medium of that
scholar.
Even if you can consider such a
procedure feasible in each and every case, do you think that
every Maulvi is really capable of adopting and
working according to that procedure? Does every Maulvi
possess the vast learning and deep insight necessary to
adopt that procedure? Does every Muslim possess that
understanding whereby he can associate himself in the
scholarly endeavour of the Maulvi to be able to
claim, even formally, that he has received the guidance
directly from the Qur'an and the Sunnah and has
escaped Taqleed?
Can the verdict of the Qur'an be
falsified when it says : "Can the learned and non-learned
ever be equal?" Tell me, my friends, is it humanly
possible for you to establish the above-mentioned procedure
as a normal and necessary routine?
And, let me ask you, what do you do
when you are confronted with any problem connected with the
man-made Law which governs your colony. When you have a
lawsuit, do you call upon your Barrister to explain to you
all the background of the relevant sections of the law,
their origin, their history, their different interpretations
by legal authorities, the various rulings given by Judges
from time to time, so on and so forth? Well, you only
explain the case to the Barrister and discuss it with him
and leave out all the above-mentioned questions as
irrelevant. Again, it is the function of the Barrister to
state the law and to employ it and interpret it for pleading
his case. Do you think that the government can accuse him on
that basis of acting as a legislator and a law-giver? Or, do
you think that the authors of law books and commentators of
law can be reasonably accused of taking the authority into
their hands?
If the answer is in the negative (and
it can only be in the negative) how can anyone accuse the
Imams of usurping the authority of God or His Prophet (peace
be with him!)? Let me declare,
and declare most emphatically, that if the Imams took
away the authority of anyone, it was only the authority of
those mischief-makers who are always out to create confusion
in the ranks of Muslims and of those less-educated people
who, because of their self-conceit and other faults, like to
pose as authorities to misguide people. The Imams
only acted as the spokesmen of God and His Holy Prophet and
whosoever follows their direction today actually follows
nothing else but the guidance of the Qur'an and the
Sunnah. The work of the Imams is a demonstration
that "the religion (of Islam) is easy." Thanks to the great
labours of the Imams of Tafsir and Hadith
and Fiqh, today the knowledge relating to every
department and every branch of the Islamic Way of Life is
open to us, properly systematised and simplified, completely
preserved and protected:
(1) The Quranic text is present,
preserved to the very letter.
(2) The commentary of the Qur'an is
present in extensive volumes.
(3) The Traditions of the Holy Prophet
are present in books of Hadith and Siyar.
(4) The literature on Asma-ur-Rijal
is present to help us analyse the Traditions.
(5) Comprehensive books on Principles
of Tradition and Principles of Law are present to make us
understand the method of deducing laws from the Qur'an and
the Sunnah.
(6) Voluminous books on theological
problems are present to guide us on Beliefs (Aqaid).
(7) Exhaustive books of Law are
present to guide us in matters of ceremonial, civil and
criminal laws.
It is now for us to either practice
Islam, which is the purpose for which Islam came, or to
continue to waste our time in meaningless and new-fangled
controversies. There can be no doubt that the Holy Qur'an is
"the storehouse which contains all the knowledge we need."
Similarly, the Holy Prophet's Traditions are "the
comprehensive Treasure of Guidance." If you want to find out
the answer to any one of your problems from the Qur'an and
the Hadith, you can certainly find it in them. There you
have the Source and the Fountainhead. But to discover it in
that vast and deep treasure demands all your ambition,
exertion, courage and a thorough mastery of all those
sciences which form the key to that unique treasure. Even if
you can do that according to your perspective, you might not
be still sure of your conclusions.
The safest and the truest path for all
is to seek help from those guidebooks which were produced by
centuries of honest research-labour performed by the highest
and the most pious intellects of Islam. Thus if you have any
problem relating to the meaning of the Quranic verses, refer
to the Commentaries. If you wish to obtain information on
any point relating to the Holy Prophet's life, refer to the
authentic books of Hadith. If you want to be clear on
any question of Belief, refer to the classics of Ashaerah
and Matureediyyeh philosophers. If you want a reply
to some problem relating to ceremonial or general law, then
refer to the books of Law according to the Hanafi, Maliki,
Shafi'i and Hanbali schools. You will find your problems
solved, your questions answered, without much ado. You will
discover the beauty of the Codified Islamic Law.
I would advise you not to follow the
example of the rat who found a piece of tamarind and started
claiming that he was a full-fledged grocer.
Remember! the Holy Prophet (peace
be with him!) prophesied for
the latter days in unambiguous terms that: "People will
appoint ignorant persons as their (religious) leaders, who
will give Fatwa (legal verdicts) without knowledge
and will mislead themselves as well as others. Beware of
those deceivers."
About those very people who do not
even know the Arabic language properly but who pose to be,
not only Muftis but, Mujtahids, the Holy
Prophet prophesied that they will be "wolves in human
dress" - hypocritical robbers of faith. They wear a
crown of service to him "who whispers (evil) into the
hearts of mankind - among Jinns and among men." (114:
5-6) They wear the mantle of hypocrisy. They utter the name
of Islam with their lips but instead invite people to all
sorts of immorality, nay, sometimes, to Kufr itself.
Those evil geniuses are there, thanks
to the ignorance of Muslims. But the true scholars of Islam
are also present at all times, to tear the mask from the
face of evil. Even as the true Prophet of God (peace
be with him!) truly
prophesied: "A party of my followers will continue to
conclusively demonstrate the Truth."
In the fulfilment of this prophecy,
numerous refulgent [brilliant] stars have appeared from time
to time on the firmament of Islamic learning and have
illumined the path for the followers of Islam. As for my
humble self. I would consider it my good fortune if God
Almighty counts me as among their true pupils. As such, I am
always ready to render any service of which I may be
capable.
Since my arrival on this island
[Trinidad], I have found Muslims entangled in various
controversies. The following are the questions which I have
been asked to reply to time and again.
(1) Whether Jesus (peace
be with him) was born without
a father or through the agency of a father?
(2) Whether Jesus died a natural death
or is still alive?
(3) Whether the Mir'aj
(Ascension) of the Holy Prophet Mohammed (peace
be with him!) was of a
spiritual character or physical?
(4) Whether a Muslim should read
twenty Rakats in Tarawih or eight?
(5) Is it permissible to hold the
Milad assemblies?
(6) Is it permissible to send
blessings to the dead with Quranic recitation?
(7) Is it permissible for Muslim
ladies to appear before strangers in the semi-naked Western
style of dress?
I have been replying to individuals on
these points. But I have been asked to state the verdict of
Islam in these matters for the benefit of the general Muslim
public. According to the argument, which I have fully
elucidated during the discussion of "The Codification of the
Islamic Law", my function is only to state the Fatwa
as it is found in the authoritative books of Fiqh.
That is the procedure, which the Islamic world has been
following. Let me now state that during the past thirteen
centuries, the overwhelming majority of the learned men of
Islam have unanimously held in the light of the Qur'an and
the Sunnah, that:
(1) Jesus (peace
be with him!) was born without
a father.
(2) Jesus was neither killed nor
crucified, but Allah saved him from the clutches of his
enemies and has preserved him alive under His protection at
a place that He chose for him.
(3) The Holy Prophet Mohammed (peace
be with him!) performed the
Mir'aj with his body which was Light personified. This
problem will be explained rationally during my lectures on
"Miracles."
(4) Keeping before him the Sayings of
the Holy Prophet, which referred to the blessings to be
obtained by increased amount of worship performed during the
nights of Ramadan and considering thoroughly the Sunnah
of the Holy Prophet, Amir-ul-Momineen Omar (God
be pleased with him!) fixed up
twenty Rakats of congregational Taraweeh
prayers behind the Imam. Twenty Rakats of
Taraweeh are the Sunnah of Omar, and it is
followed in obedience to the Holy Prophet's command: "You
should follow my Sunnah and the Sunnah of the
righteous Caliphs."
(5) To hold Milad assemblies
and to recite the life of the Holy Prophet, in conformity
with the Holy Qur'an and the Hadith, is Mustahab
and Mustahsan (i.e., a religiously good action.)
(6) To send blessings to the dead with
Quranic recitation is permissible and is an act based on the
teaching of the Qur'an and the Hadis.
(7) It is forbidden for Muslim ladies
to appear before strangers dressed half-naked in the Western
style. This bare statement of Islamic guidance should not,
however, mislead anyone to think that I am not prepared to
argue out the Fatwas which I might thus state. In
fact, I am always ready to discuss any issue on the basis of
the original sources found in the Holy Qur'an and the
Hadith, provided the person who wishes to discuss it
with me has proper access to the technical knowledge
necessary and comes to me as an honest student on the
subject. Otherwise to discus the 'ins' and 'outs' of
technical points with those who possess no technical
knowledge of the Qur'an and the Sunnah would be as
absurd an act as discussing Atomic Physics with a
schoolboy.
Unfortunately, certain sections of
Muslims today have lost all sense of proportion. They may
not even know the ABCD of the various Islamic sciences, but
they have the courage to indulge in discussions of Islamic
things with such a tone of authority as to make even the
worse form of lunacy look grave. And not only can they pose
as authorities, but they can also fight with fellow Muslims
on the basis of their unwarranted and unauthorised views and
can extend the fight to a limit where the community gets
smashed up into pieces and becomes the laughingstock of the
enemies of Islam. What is still more pathetic is that all
this bickering of those ignorant and petty "Mujtahids"
revolves mostly around problems and issues which have no
relation to the mission of Islam or the progress and
stabilisation of the Muslim community.
Here I might call to your attention an
incident in history which depicted very well the condition
of these so-called "friends" of Islam.
Before the Islamic conquest,
Constantinople was the seat of the Byzantine Church and a
great centre for Christian controversies. Fighting amongst
themselves on petty issues relating to ceremonials and the
like, had become the pastime of the Christian clergy. They
were engaged in it during that night also when the armies of
Mohammed the Conqueror were crossing the Bosphorus. The most
eminent among them were present in the beautiful church of
St. Sophia, and a heated discussion was in progress. The
issue was whether the bread to be used in the feast of
Eucharist should be leavened or unleavened. The fury of the
debaters rose ultimately to such a pitch that they tore off
the robes of each other. Everyone had in mind to vanquish
his opponent, not only in argument, but also physically. In
the meantime, the armies of Islam broke through the
fortification of the town. The Byzantine Empire came to an
end. The Byzantine Church also disappeared in due course.
The church of St. Sophia, where the Bishops fought on that
petty issue so ferociously, became the house of Islamic
Worship. Not only this petty controversy, but Christianity
itself was wiped out there.
I must make this admission, though I
must do so with a very sad heart, that I find the Muslims in
the same unenviable position today, which characterised the
Byzantine Christians of those days. Muslims have lost all
their past glory. They are virtually existing on a ticking
time bomb. The antagonistic forces are altogether busy in
decimating their spiritual and moral heritage. The very
fundamentals of Islam are under fire. The organised
movements of irreligion and immorality, which set out to
destroy and wipe out religion as such, are also attacking
Muslim religious life with a vengeance. Vast Muslim
populations in Central Asia, Transcaucasia, Eastern Europe
and China have been engulfed by atheistic Communism. Other
Muslim populations are also suffering under the stress of
the materialist-driven modernity.
Such an overall catastrophe requires
that Muslims should stand solidly united like a rock and
should concentrate on the fundamental spiritual and moral
issues which confront them. And not only this, they should
invite the whole world's religions to join with them to
fight the organised menace of irreligiousness.
But, in spite of this, there are
certain persons who are never tired of raising petty issues
for the purpose of dividing Muslims and of wasting their
energy. Of course such persons have their own axe to grind.
They don't care what their actions mean to Islam.
Nonetheless, it is for all sincere Muslims to see to it that
they do not fall into the snare and to not allow themselves
to be misled into wasteful pursuits.
Before I conclude, I pray that Almighty Allah may bless Muslims with the right understanding so that they may be able to distinguish right from wrong and to save themselves from pernicious influences. Amen!