Ijtihad

Ijtihad ( , ’iğtihād ) is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources, the Qur'an and the Sunnah . The opposite of ijtihad is taqlid , Arabic for "imitation". Generally, a Mujtahid ( , ’muğtahid ) is an educated Muslim who makes up his own ruling on the permissibility of an Islamic law but only for himself, by rejecting the authority of the Ulema . Ijtihad is mainly associated with the Shi'a Muslim Jafari school of jurisprudence . Western scholars such as Joseph Schacht accepted the notion that the "gates of ijtihad" were "closed" in the 10th century in Sunni fiqh , meaning that ijtihad is not practiced in Sunni Islam anymore. Modern scholars of Islamic law (e.g. Wael Hallaq ) demonstrate that ijtihad has remained an essential part of the Sunni Muslim tradition, despite the emphasis on taqlid.

Ijtihad ( ijtihād , " diligence ") is an Islamic legal term that means "independent reasoning" or "the utmost effort an individual can put forth in an activity." As one of the four sources of Sunni law, it is recognized as the decision-making process in Islamic law ( sharia ) through personal effort ( jihad ) which is completely independent of any school ( madhhab ) of jurisprudence ( fiqh ). As opposed to taqlid , it requires a "thorough knowledge of theology, revealed texts and legal theory (usually al-fiqh); an exceptional capacity for legal reasoning; thorough knowledge of Arabic." By using both the Qu'ran and Hadith as resources, the scholar is required to carefully rely on analogical reasoning to find a solution to a legal problem, which is considered to be a religious duty for those qualified to conduct it. Thus, a mujtahid is recognized as an Islamic scholar who is competent in interpreting sharia by ijtihad . Today, there are many different opinions surrounding the role of ijtihad in modern society. In the Islamic World: Past and Present .

Ijtihad ( ijtihād , ; lit. physical or mental effort , expended in a particular activity) is an Islamic legal term 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 with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence ( usul al-fiqh ), and 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 ). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called a mujtahid . By the beginning of the 10th century, development of Sunni jurisprudence prompted leading Sunni jurists to state that the main legal questions had been addressed and the scope of ijtihad was gradually restricted. In the modern era, this gave rise to a perception among Western scholars and lay Muslim public that the so-called "gate of ijtihad " was closed at the start of the classical era. While recent scholarship has disproved this notion, the extent and mechanisms of legal change in the post-formative period remain a subject of debate. Starting from the 18th century, some Muslim reformers began calling for abandonment of taqlid and emphasis on ijtihad , which they saw as a return to Islamic origins. Public debates in the Muslim world surrounding ijtihad continue to the present day. The advocacy of ijtihad has been particularly associated with Islamic modernists and purist Salafi thinkers. Among contemporary Muslims in the West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical methodology. Shia jurists did not use the term ijtihad until the 12th century, but they employed a rational mode of legal reasoning from the early period, and its scope was not narrowed as in the Sunni tradition, with the exception of Zaydi jurisprudence. The Oxford Encyclopedia of the Islamic World . The Oxford Dictionary of Islam . The Oxford Dictionary of Islam .

Islamic legal term referring to independent reasoning Ijtihad ( / ˌ ɪ dʒ t ə ˈ h ɑː d / IJ -tə- HAHD ; ijtihād , ; lit. physical or mental effort ) is an Islamic legal term referring to independent reasoning by an expert in Islamic law , or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence ( usul al-fiqh ), and 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 ). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called as a " mujtahid ". Throughout the first five Islamic centuries, the practice of ijtihad continued both theoretically and practically amongst Sunni Muslims. The controversy surrounding ijtihad and the existence of mujtahids started, in its primitive form, around the beginning of the sixth/twelfth century. By the 14th century, development of Islamic Fiqh (jurisprudence) prompted leading Sunni jurists to state that the main legal questions had been addressed and the scope of ijtihad was gradually restricted. In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the Muslim public that the so-called "gate of ijtihad " was closed at the start of the classical era. While recent scholarship established that the practice of Ijtihad had never ceased in Islamic history , the extent and mechanisms of legal change in the post-formative period remain a subject of debate. Differences amongst the Fuqaha (jurists) prevented Sunni Muslims from reaching any consensus ( Ijma ) on the issues of continuity of Ijtihad and existence of Mujtahids . Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries. Ijtihad was practiced throughout the Early modern period and claims for ijtihad and its superiority over taqlid were voiced unremittingly. Starting from the 18th century, Islamic reformers began calling for abandonment of taqlid and emphasis on ijtihad , which they saw as a return to Islamic origins. Public debates in the Muslim world surrounding ijtihad continue to the present day. The advocacy of ijtihad has been particularly associated with Islamic modernist and Salafiyya movements. Among contemporary Muslims in the West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical methodology. Shia jurists did not use the term ijtihad until the 12th century. With the exception of Zaydi jurisprudence, the early Imami Shia were unanimous in censuring Ijtihad in the field of law ( Ahkam ). After the Shiite embrace of various doctrines of Mu'tazila and classical Sunnite Fiqh (jurisprudence), this led to a change. After the victory of the Usulis who based law on principles ( usul ) over the Akhbaris ("traditionalists") who emphasized on reports or traditions ( khabar ) by the 19th century, Ijtihad would become a mainstream Shia practice. The Oxford Encyclopedia of the Islamic World . The Oxford Dictionary of Islam . The Oxford Dictionary of Islam . "Ijtihād against Madhhab: Legal Hybridity and the Meanings of Modernity in Early Modern Daghestan" .

Islamic legal term referring to independent reasoning Ijtihad ( / ˌ ɪ dʒ t ə ˈ h ɑː d / IJ -tə- HAHD ; Arabic : اجتهاد ijtihād [ʔidʒ.tihaːd] , lit. ' physical effort ' or ' mental effort ' ) is an Islamic legal term referring to independent reasoning by an expert in Islamic law , or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence ( usul al-fiqh ), and 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 ). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called a " mujtahid ". It then first became subject to dispute in the 12th century. By the 14th century, development of classic Islamic jurisprudence or fiqh prompted leading Sunni jurists to state that the main legal questions in Islam had been addressed, and to call for the scope of ijtihad to be restricted. In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the Muslim public that the so-called "gate of ijtihad " was closed at the start of the classical era. While recent scholarship established that the practice of Ijtihad had never ceased in Islamic history , the extent and mechanisms of legal change in the post-formative period remain a subject of debate. Differences amongst the Fuqaha (jurists) prevented Sunni Muslims from reaching any consensus ( Ijma ) on the issues of continuity of Ijtihad and existence of Mujtahids . Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries. Ijtihad was practiced throughout the Early modern period and claims for ijtihad and its superiority over taqlid were voiced unremittingly. Starting from the 18th century, Islamic reformers began calling for abandonment of taqlid and emphasis on ijtihad , which they saw as a return to Islamic origins. Public debates in the Muslim world surrounding ijtihad continue to the present day. The advocacy of ijtihad has been particularly associated with the Salafiyya and modernist movements. Among contemporary Muslims in the West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical methodology. Shia jurists did not use the term ijtihad until the 12th century. With the exception of Zaydi jurisprudence, the early Imami Shia were unanimous in censuring Ijtihad in the field of law ( Ahkam ). After the Shiite embrace of various doctrines of Mu'tazila and classical Sunnite Fiqh (jurisprudence), this led to a change. After the victory of the Usulis who based law on principles ( usul ) over the Akhbaris ("traditionalists") who emphasized on reports or traditions ( khabar ) by the 19th century, Ijtihad would become a mainstream Shia practice. The Oxford Encyclopedia of the Islamic World . The Oxford Dictionary of Islam . The Oxford Dictionary of Islam . "Ijtihād against Madhhab: Legal Hybridity and the Meanings of Modernity in Early Modern Daghestan" .