This argument is not valid, for the capacity of ijtihad is not similar to other qualities. Other qualities cannot be actualized without many attempts and persistent repetition, but the capacity of ijtihad can be acquired without deducing any hukm. On the contrary, unless one possesses the capacity of ijtihad and the ability to derive the ahkam, he cannot perform ijtihad and derive ahkam of the Shari'ah.
Hence it is the exercise of deriving which is dependent upon the capacity, not the capacity on repeated derivation. It is true that extensive derivation and repeated employment of the capacity of ijtihad. In short, ijtihad in the sense of faculty does not guarantee security from Divine chastisement, or repel its potential danger from the mukallaf.
It cannot be placed in the category of taqlid and ihtiyat either, for that which is equivalent to taqlid and ihtiyat is the knowledge of the ahkam from the Shar'i sources. Hence ijtihad should be defined in a way which is not open to such objections. Some other scholars have defined ijtihad in yet another way. In Islamic law there is a hukm for every issue, either as a particular or a general law. As for the issues for which no express text exists, a mujtahid can derive laws by applying to them the general laws of the Book or the Sunnah.
As a result, the cause does not lead to certainty about the desired hukm, which has to be based on ijtihad and derivation through ray. If the criterion of the validity of an act is considered acquisition of hujjah, the above given definition is safe from the objections raised against the earlier definitions, as hujjah is inclusive of: certainty; the adillah that lead to certainty such as reliable usul and dicta ; and presumption, in accordance with the Sunni outlook.
Similarly the term hujjah covers presumption during the period of closure of doors of certainty, in accordance with the belief of those who believe in such a closure. Accordingly, employment of effort for securing legal validity in regard to the ahkam of the Shari'ah is no doubt regarded as ijtihad, whether the hujjah leads to certainty or is based on a dalil; and it does not make any difference whether it gives rise to presumption or not.
It states that ijtihad is to derive and determine ahkam from the sources; it does not specify that the person performing derivation should also possess the capacity, whereas the mujtahid is one who possesses the capacity of ijtihad.
This objection is valid, unless it is said that ijtihad depends on the capacity and it is not possible to derive ahkam from reliable sources except through that capacity, and here possession of the capacity is taken for granted. It is appropriate here to clarify one thing about the capacity of ijtihad: it is a capacity acquired through the knowledge of ten types of disciplines on which derivation and understanding of the ahkam of the Shari'ah depends.
The term ijtihad as used in the writings of scholars of different Islamic sects conveys two different meanings, each of which gives rise to different viewpoints regarding the sources of Shar'i ahkam. Ijtihad in this sense is. According to this conception, the activity of the mujtahid involves deduction of the laws of the Shari'ah for emergent issues and new phenomena of life by employing general principles and rules. Thereby the mujtahid refers new secondary issues to the general principles and applies the general laws to their particular instances in external reality, thus obtaining the ahkam governing them.
Leading Sunni jurists have chosen the first conception of ijtihad, as an independent source parallel to the Book of God and the Sunnah of the Prophet S. They have included ijtihad itself, besides the four sources of fiqh, as the fifth one.
He writes:. What is qiyas? Is qiyas the same as ijtihad, or are they different'? This is what we mean by ijtihad and qiyas, which are synonymous with istinbat and istihsan. This statement appears to be strange, for ijtihad, istinbat, ray, qiyas and istihsan are terms which are different from one another regarding their meaning.
How can they be considered synonymous and equivalent terms, and how can it be said that these words convey the same meaning when there is nothing common either between the words or their meanings? Skip to main content. Because, an argument dalil related to a hukm and derived from the Shari'ah or reason belongs to one of the following three kinds: 1. The argument creates presumption. The argument creates certainty. The argument creates neither presumption nor certainty. Second Definition of Ijtihad Another group of scholars defines ijtihad as effort on the part of a faqih for deriving the ahkam of the Shari'ah.
Critique of the Third Type of Definitions These definitions are also not free from the defects of the earlier ones, because, like the previous definitions, they need the word waza'if in order to include the Practical and the Rational Rules with the ahkam of the Shari'ah. Further Clarification It is evident that the actual ahkam issued by the Sacred Lawgiver like obligatory duties and impermissible acts, etc. A Misconception Some people believe that the capacity of ijtihad is similar to some other traits like generosity, justice, valour, etc.
Fifth Definition of Ijtihad Some other scholars have defined ijtihad in yet another way. Note It is appropriate here to clarify one thing about the capacity of ijtihad: it is a capacity acquired through the knowledge of ten types of disciplines on which derivation and understanding of the ahkam of the Shari'ah depends.
Freebase 4. Rap Dictionary 4. Matched Categories Interpretation. How to pronounce ijtihad? Alex US English. David US English. Mark US English. Daniel British. Libby British. Mia British. Karen Australian. Hayley Australian. Natasha Australian. Veena Indian.
Priya Indian. Neerja Indian. Zira US English. Edited by Colin Imber. New York: Cambridge University Press, DOI: In his attempt to provide context to these posthumously published essays, Gleave locates Calder within the debates of secondary scholarship on Islamic law, thereby giving us a relatively thorough overview of the field.
Hallaq, Wael. Edited by John L. Esposito, 78— New York: Oxford University Press, A short, comprehensive introduction to the historical development of the term. Jannati, Muhammad Ibrahim. This piece can be found in its entirety online, and in print in serialized form in Al Tawhid Islamic Journal 5.
Cairo: Dar al-Risala, Turki, Abdel-Magid. Weiss, Bernard G. A strong overview of the theoretical and philosophical concerns underpinning the interpretive process of ijtihad. Users without a subscription are not able to see the full content on this page. Please subscribe or login. Oxford Bibliographies Online is available by subscription and perpetual access to institutions.
0コメント