Ijtihad

‫بسم هللا الرحمن الرحيم‬
‫نحمده و نصلى على رسوله الكرٌم و على آله وأهل بٌته وأصحابه أحجمعٌن‬

‫مثل كلمة طٌبة كشجرة طٌبة أصلها ثابت و فرعها فً السماء‬

‫والعصر‬
‫إن اإلنسان لفً خسر‬
‫إال الذٌن آمنوا وعموا الصالحات وتواصوا بالحق بالصبر‬

‫بسم هللا الرحمن الرحيم‬

Iqbal’s view of Ijtihad

Presented To:
Highly Respectable
and Reputable:
Dr. Hammad Lakhvi

By:
Muhammad Abdullah

Dr. Muhammad Iqbal (1877-1938)
Our National Poet

The Reconstruction of Religious
Thought in Islam (1930)

 This is a collection of Iqbal‟s six lectures which he
delivered at Madras, Hyderabad and Aligarh.
 Iqbal calls for the renewal of the intellectual
foundations of Islamic philosophy in a manner
suited to the scientific climate of the modern age.

The Reconstruction of Religious
Thought in Islam (1930)

 He tries to meet the challenge of materialist thought
on its own ground.
 These issues are discussed briefly in a thought
provoking manner in the light of Islam and the
modern age.

The Principles of Movement in the
Structure of Islam.(‫)إجتهاد‬

Importance of Ijtihad.
Political system of Islam.
Turkish Movements.
Limits of Ijtihad.
Sources of Ijtihad.
Closings & conclusions.
Questions.

Importance Of Ijtihad
Tendency Of The Universe:

1. Physically universe is expanding, and its
expansion is very much balanced in nature.
2. Muslims never believed its old static theory.
‫ والسماء بنٌنا ها بأٌد و إنا لموسعون‬
‫ إن هللا ٌمسك السماوات واألرض ألن تزوال‬

From Human History:

1.Christianity failed due to monasticism in the
Roman Empire.
2. The 4000 years old civilization destroyed due to
Static bases

‫ظهر الفساد فً البر والبحر بما كسبت أٌدي الناس لٌذٌقهم بعض الذي‬
‫عملوا لعلهم ٌرجعون‬

Tendency Of The Human Nature:

1. Color, race, traditions, land and other Static
Symbols of life are not essential.
‫إن أكرمكم عند هللا اتقى كم‬
2. Psychological foundation of human unity
becomes possible only with the view that all human
life is spiritual in its origin
‫فإذا سوٌته ونفخت فٌه من روحى فقعوا له سجدٌن‬

Need Of New Civilization:

The new culture finds the foundation of world-unity
in the principle of Tauhid. As Allah is the ultimate
spiritual basis of all life, loyalty to Allah is truly
man's loyalty to his own ideal nature.

Natural Structure Of Islam:

1. Everlasting Principles: So that it may not
dissolve in this dynamic universe, and to regulate
its collective life.
2. Dynamic principles: Because the variation is
among the Biggest signs of Allah.
‫ومن آٌته خلق السموت واألرض واختالف ألسنتكم وألونكم‬
Idealism and flexibility are two basic tools for life
survival.
‫مثل كلمة طٌبة كشجرة طٌبة أصلها ثابت و فرعها فً السماء‬

In The Light Of Quran:

Well-known verse of the Quran:–

“And to those who exert We show Our path.”

)‫والذٌن جاهدوا فٌنا لنهدٌنهم سبلنا و إن هللا لمع المحسنٌن (القرآن‬

In The Light Of Hadith:

Maaz Bin Jabal Appointed To Yemen:-
“I will judge matters according to the Book of God,"
Prophet asked: “But if the Book of God contains
nothing to guide you? He answered “Then I will act
on the precedents of the Prophet of God.” Prophet
asked again:" But if the precedents fail?” He
answered: “Then I will exert to form my own
judgment.”

‫‪Importance Of Ijtihad‬‬
‫:‪In The Light Of Hadith‬‬

‫َْ َ ِ‬ ‫َّ َ ِ َ َ َ َ َ َ ُ َ ً‬ ‫َّ ِ َ‬
‫أَنَّ رسول َ هللا صلَّى هللا ُ عل ٌَْه وسلَّم بعث معاذا إِلَى الٌمن‬ ‫َ ُ‬ ‫‪‬‬
‫َْ َ َْ‬
‫فقال َ: كٌف تقضِ ً؟؟‬ ‫ََ‬ ‫‪‬‬
‫ِ َ ِ َّ‬
‫فقال َ: أ َْقضِ ً بما فًِ كتاب هللاِ.‬
‫َِ‬ ‫ََ‬ ‫‪‬‬
‫ِ َ ِ َّ‬
‫قال َ: فإِنْ لَم ٌكنْ فًِ كتاب هللاِ؟؟‬
‫ْ َُ‬ ‫َ‬ ‫َ‬ ‫‪‬‬
‫َّ َ ِ َ َ َ‬ ‫َ ِ ُ َّ ِ َ ُ ِ َّ َ‬
‫قال َ: فبسنة رسول هللاِ صلَّى هللا ُ عل ٌَْه وسلَّم.‬ ‫َ‬ ‫‪‬‬

‫َّ َ ِ َ َ َ‬ ‫ُ َّ ِ َ ُ ِ َّ َ‬
‫قال َ: فإِنْ لَم ٌكنْ فًِ سنة رسول هللاِ صلَّى هللا ُ عل ٌَْه وسلَّم ؟؟‬
‫ْ َُ‬ ‫َ‬ ‫َ‬ ‫‪‬‬
‫قال َ: أَجتهد رأًٌْ.‬
‫َْ ُِ َ ِ‬ ‫َ‬ ‫‪‬‬
‫َّ َ ِ َ َ َ‬ ‫َ ُ ِ َّ َ‬ ‫َ َّ َ َ ُ‬ ‫ْ َ ْ ُ ِ َّ‬
‫قال َ: الحمد ّلِلِ الَّذِي وفق رسول َ رسول هللاِ صلَّى هللا ُ عل ٌَْه وسلَّم‬ ‫َ‬ ‫‪‬‬
‫أحمد ,أبو داؤد , ترمذي , دارمى‬

Islamic Historical Evidence:

The early schools of Law recognize its three
degrees
(1) Complete authority in legislation, that Used by the
founders.‫إجتهاد فى الشرائع‬
(2) Relative authority, that used by the followers of
founders. ‫إجتهاد فى المذاهب‬
(3) Special authority, to a particular case which was
left by the founders.‫إجتهاد فى المسائل‬

Why It Stopped ??

 Abbasid did not appreciate it to keep their control
for long time.
 Due to clash between different inflexible schools,
Sufism attracted and finally wrapped up all the best
minds in Islam.
 For fear of further collapse, after Baghdad fall, old
thinkers of Islam focused on preserving a uniform
social life.

Need To Restart:

 Since the real destiny of a people does not depend
so much on organization as on the value of
individual men.
 After 13th century the tendency to over-
organization by a false respect of the history was
not according to the inner desire of Islam.
 The spirit of Tauhid as a working idea is equality,
solidarity, and freedom.

How It Restarted ??

1. Ibn e Taimīyyah rose voice against the finality of
the schools and he rejected Hanafi standard of
Qiyas.
2. Suyūtī claimed the same right of Ijtihād
3. Muhammad Ibn „Abd al-Wahhāb stressed on the
traditions of the Prophet instead of static Fiqah.

Political System Of Islam.
Introduction:

“We have to re-evaluate our intellectual inheritance,
so we have a check on the rapid movement of
liberalism in the world of Islam.”

The State, according to Islam, is only an effort to
realize the spiritual in a human organization.

Nationalist &Religious Parties:

In Islam the spiritual and the secular are not two
separate domains.
As Holy Prophet PBUH said:
“The whole of this earth is a mosque.”
Turkish Nationalists get the idea of the separation
of Church and State from the history of European
politics, which is not true in Islam.

State, Christian View:

Christianity was not appeared as a political unit, but
as a simple order in a dirty world, and obeying the
Roman law in all matters. When the State became
Christian, there came out clash between them.
Such a thing could never happen in Islam; Islam
was started as a civil society having a set of simple
legal principles of Quran.

Caliphate, Ibne Khuldoon‟s View:

He gives three Hypotheses:
1. That Universal Imamate is a Divine body, and is so
essential (Ahle Sunaat)
2. That it is simply a matter of Use ness (Mutaziala)
3. That there is no need of such an institution
(Khuwarij)

Caliphate, Turkish View:

 Turk has the 2nd opinion due their past political
experience, because free Muslim States are
appeared, and there is no Muslim Caliphate.
 As the power of the Quraysh has gone, so we have
to accept the most powerful man as Imam.

Movement In Turkey
Introduction:

After Great War, Turkey has given up her sleep,
and got her self-consciousness. She alone has
passed from the ideal to the real, whereas most
Muslim countries are mechanically repeating their
old values.

Movement In Turkey
Turkish Poet “Ziya”:

“ Restoring the Muslim Caliphate”
“Muslim nation must sink into her own deeper self,
until all are strong and powerful to form a living
family of republics.” i.e. Islam is neither Nationalism
nor Imperialism but a League of Nations which
knows artificial borders for reference only, and not
for restricting the social horizon of its members.
‫وجعلناكم شعوبا وقبائل لتعارفوا‬

Movement In Turkey

“Religion and Science”
First spiritual leaders of mankind were the
prophets, so philosophy followed them, but after
them religion became weak, so philosophy rejected
it and positive science appeared, that says,
“Tradition is history and Reason is the method of
history!” Religion and Science, both find
spiritualized heart.

Movement In Turkey

“Arabic in the educational system”
“If the aim of religion is to spiritualize the heart,
then it must enter the soul of man, in his mother
tongue.”
According to Quran:
‫”وما أرسلنا من الرسول إال بلسان قومه لٌبٌن لهم فٌضل من ٌشاء‬
“‫و ٌهدى من ٌشاء وهو العزٌز الحكٌم‬
4 ‫إبراهٌم آٌة‬

Movement In Turkey

“Idea of Womanhood ”
 “Woman is an integral part of my life. Hence
equality is necessary in three things, divorce,
separation and inheritance.”
 Otherwise she‟ll try to get her rights from our hands
through a revolution.

Limits Of Ijtihad
Liberal Ijtihad Calls Disparity:

1. Our Reformers may not exceed the proper limits
of Ijtihad as happened with Protestants, which
produced the war in Europe.
2. We should move forward with self-control to set
up an Islamic social society.
3. Non Muslims have not any kind of authority for
Ijtihad.

Limits Of Ijtihad
Capability Of Evolution:

Hazrat Umer said:
“The Book of God is sufficient for us.”
Horten, (University of Bonn) said:
“A Muslim always adjusts his religious outlook to
the basics of culture which he takes from the
peoples that surround him.”
The founders of our schools did not claim finality of
their Laws.

Limits Of Ijtihad
Capability Of Evolution:

 Up to the beginning of Abbasids, there was no
written law of Islam except for the Qur‟an.
 Up to the 19 schools of law appeared from 50 Hijri
to 400 Hijri.
 Four accepted sources of Islamic Law and their
controversies prove further possibility of a further
evolution.

Sources Of Ijtihad: 1.Quran
A Complete Guidance:

Spiritualizing: Unlike Christianity and Judaism; Quran
combines all fields of life in a single contact to
spiritualize individual and social life, it has dynamic
point of view so it can support the idea of evolution.
Personal Identity: People cannot reject their past
completely, because it is their personal identity.

A Complete Guidance:

Universality: Islam is not a local in its character, and
its aim is to give a model for the final combination
of humanity by self-consciousness of their own.
Equality: Socially neutral rules are not need to be
changed because they produce external and
internal equality in all types of people.

Legal Structure Of Quran:

 Our early doctors of law took their ideas mainly
from Holy Quran and produced many legal
systems; and nearly half the victories of Islam as a
social and political power were due to the legal
depth of these doctors, but they could not claim any
finality of their legal systems.
 Shātibī says: The Law of Islam aims to save five
things, Dīn, Nafs, ‘Aql, Māl, and Nasl.

Womanhood And Quran:

Ziya could not realize family law of Islam.
1. The wife at the time of marriage is at liberty to get
the equality of divorce with her husband.
2. In Islam marriage is a civil contract.
‫ مٌثقا ً غلٌظا‬
3. Differences in the shares of inheritance do not
mean low social status of woman.
‫ ولهن مثل الذى علٌهن بالمعرف‬

Womanhood And Quran:

A husband in Islam uses his inheritance to support
his family while a wife has not to so compulsorily.
He pays a marriage gift to his wife rather than the
opposite.
‫وعلى المولود له رزقهن وكسوتهن بالمعروف‬
‫وآتوا النساء صدقتهن نحلة‬

Quran And Woman Heirs:

There are three possible cases:
 Both have equal share
 Man gets more
 Woman gets more


1. Both have equal share
Parents have equal part
If there are children
Father
Father = 1/6 Mother
Children
Mother = 1/6
Children = Remaining

‫وألبوٌه لكل واحد منهما السدس‬


2. Man gets more
Daughter and son case
Son = 2/3
Daughter = 1/3

‫ٌوصٌكم هللا فً أوالدكم للذكر مثل حظ األنثٌن‬


3. Woman gets more:
Parents- Husband case
According to Ibn Abbas
Father = 1/6
Mother = 1/3
Husband = 1/2
‫ان لم ٌكن له ولد وورثه أبواه فألمه الثلث‬ 
‫ولكم نصف ماترك ازواجكم إن لم ٌكن لهن ولد‬ 

Sources Of Ijtihad: 2.Hadith
Authenticity Of Hadith:

“Most part the collections of Sunnah considered by
the Moslems as canonical are authentic records of
the early history of Islam.”

(Mohammedan Theories of Finance)

Types Of Hadith:

We have two types of
Hadith, purely legal
and non-legal in spirit.
Hadith

Legal Other

Pre-Islamic Traditions Of Arabia

Such legal customs of Pre-Islamic
Arabia having silent Traditions
support of the Holy
Prophet PBUH were Of Arabia
planned to be universal
in their use,
Or they now could be
Modified Taken
modified by other by the as a
cultures?
Prophet whole

Sha Wali Allah: Wahi & Local Culture

A Prophet gives the revealed Principles based on
the social life of all mankind, and to give a suitable
example of these Principles he applies them
directly to the local culture of his nation. The
Ahkām resulting from this application (e.g.
penalties & crimes) are in a sense specific to that
people; these rules cannot be strictly required in
the case of future generations or in another culture.

Imam Abu Hanifa‟s View:

Abū Hanīfah did not use of these traditions due to
universal character of Islam. He introduced the
principle of Istihsān, which is careful study of actual
conditions in legal thinking.

Muhaditheen‟s View:

Muhaditheen, used solid case instead of
hypothetical thinking in law, have done the greatest
service to the Law of Islam.

A Way To Recognize Quran:

A deep study of Hadith, tells us the life-value of the
legal principles pointed out in the Qur‟an. It can
provide us a rule to reinterpret the foundational
principles.
‫قل أطٌعوا هللا والرسول فإن تولوا فإن هللا الٌحب الكفرٌن‬

Sources Of Ijtihad: 3.Ijmaa
Ijmaa Of The Companions:

Karkhee says: “The
Ijmā‘ of the
Sunnah of Sahaba is
only compulsory in companions
issues which cannot be
cleared up by Qiyās,
but it is not so in
matters which can be
known by Qiyās.” Fact Law

Ijmaa, After companions :

Umayyad and the Abbasid Caliphs did not allow
establishing a stable lawmaking body so it might
become too powerful for them. Therefore they give
power of Ijtihād to individual Mujtahids.

Persian constitution of 1906:

“The king is a natural custodian of the kingdom
which really belongs to the Absent Imām. The
Ulema consider themselves free to control the
whole life of the community”.
It is not free from danger.

Precautions in Modern Ijmaa:

New world demands the idea of Ijmaa in modern
Muslim assembly but it can make serious mistakes
so to avoid these mistakes we have to improve our
knowledge about the details of Islamic Law, and to
combine it with a bright study of modern philosophy
of Law.

Sources Of Ijtihad: 4.Qiyas
An Introduction:

Due to the variation of situation, the school of Abū
Hanīfah saw, little or no guidance from traditions.
So they had to find analogical approximate reason
in their interpretations, which we may call Qiyas.

Limitations Of Qiyas:

Early Ahnaf ignored the creative freedom of life by
applying the Aristotelian logic which resulted
lifeless mechanism. The sharp criticism of Mālik
and Shāfi„ī on Abū Hanīfah‟s principle of Qiyas be
really an effective Semitic control on the Aryan
tendency to enjoy the idea rather than the event.
So the limits of Qiyas were declared and it became
more creative.

Closing The Ijtihad:

 It is pure fiction suggested partially by the
crystallization of legal thought in Islam, and partially
by that intellectual laziness.
 Now modern Ahnaf eternalized the teachings of
their founders. As the early Maliki and Shafi„i
eternalized the decisions given on concrete cases.
 Quran does not support both of these views.

Closings
Need Of Humanity :

1. A spiritual interpretation of the universe,
2. Spiritual freedom of the individual,
3. Basic principles of a universal significance
directing the evolution of human society on a
spiritual basis

Closings
Europe Vs Islam:

Modern Europe is trying these three principles in
her systems, but, by the view of rationalism whose
function is to utilize the poor and care the rich, that
is the greatest barrier in the way of man‟s ethical
progression.

Closings
Common Muslim.

The Muslim ultimately believes in revelation, which,
speaking from the inmost depths of life,
personalizes its own apparent externality. He
believes in spiritual basis of life so even a liberal
man among us can easily lay down his life. So the
modern Muslim has to reconstruct his social life in
the light of these ultimate principles.

Conclusions
Universality Of Islam:

– Islamics Principles are very much strong and
dynamic so they are valid absolutely.
– Liberal Ijtihad could be very dangerous in
practice.
– We‟ll apply Islamic principles by careful Ijtihad to
survive in this modern age.

Questions??

1. Concept of Ijtihad in the light of Quran (Islam).
2. Be it an institute in the entire Muslim History?
3. When, how and who closed it?
4. When, how and who reopened it?
5. Who be the authority for it in 1st Hijri & now?
6. Could be the structure of Islam moved?

Ijtihad

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