Ijtihad

Bi ismillahir rahmanir rahim

assalamu alaikum

Definition of Ijtihad

-From the root word, Juhd (from which Jihad is derived)

- Ijtihad is exerting or striving of one to his utmost (synonymous with sincerity) abilities to extract rulings and principles compatible with the Shariah. The Quran and Sunnah establish the primary sources and Ijma and Qiyas establish the other two of the four sources for deriving rulings.

-Ijtihad itself in NOT a source of jurisprudence, but is the activity by which one comes to a conclusion of a ruling. Therefor extracting rulings from the primary texts is also Ijtihad; contrary to popular beliefe that ijtihad exists outside of the primary texts. As such it is commonly, but wrongly, interchanged with Qiyas.


Principles of Ijtihad

-La ijtihaada ma'al-nass; There is no Ijtihaad on a matter when the rule is explicitly stated in the Quran and Sunnah, where ther is no possibility of another meaning being derived. For example, "Pray at perscribed times","one hundred stripes"(it is a punishment), etc.

A note: pray at perscribed time is explicitly stated While finding out, what are these times is the Ijtihad.

-All texts that are subject to interpretation or are meant for numerous interpretations, the object of this activity to interpret for understanding is Ijtihad.

-Ijtihad takes the following forms
    -Understanding Texts.
    -Qiyas (in fiqh it means to use analogy to conclude towards a ruling.)
    -Maqaasid as-Shariah

-Ijtihad must lead to the intent of the law giver, Allah Ta'ala.

Note: There can be no Ijtihad for inovation.


Edited by rami