IJTIHAAD

THE LAST MESSAGE AND THE LAST MESSENGER

Allah has sent messengers (Alaihimus Salaam) and divine books in order to guide man. Thousands of messengers (Alaihimus Salaam) have come to this world, the first of which is Hadhrat Adam (Alaihis Salaam) and the last Hadhrat Muhammad (Sallallaahu A'laihi Wasallam).

Since he is the last of the messengers, Hadhrat Muhammad (Sallallaahu A'laihi Wasallam) came to complete the religion. The 4th verse of Surah Maaidah, which was revealed on a Friday on the occasion of Hajjat-ul-Wada in Arafat, confirms this fact:

"..Today I have perfected your Deen for you, completed My bounty upon you and chosen Islam as your Deen.. " (5: 3)

Islam is also a code and a way of life. Therefore, no way of life other than that advocated by Islam is acceptable in the eyes of Allah:

"..Definitely the only Deen by Allah Ta'ala is Islam.." (3:19)

"Whoever seeks a Deen besides Islam, it shall never be accepted from him.." (3:85)

When Allah says that He has completed the religion, this implies that there will be no need for another Prophet to come after Hadhrat Muhammad (Sallallaahu A'laihi Wasallam) and that the latter's Shari'ah is intended to be applied until the last day (Qiyamah). In addition, Allah has made a pact with all the Prophets (Alaihimus Salaam) where they should help Hadhrat Muhammad (Sallallaahu A'laihi Wasallam).

"When Allah Ta'ala took the pledge with (all) the Ambiyaa saying "(Take hold of) whatever I give you of the Book and wisdom, and then when there comes to you a Rasul (Muhammad Sallallaahu Alaihi Wasallam) confirming what is with you, you must believe in him and you must assist him…" (3:81)

Commenting on this verse, Hadhrat A'li (Radiyallahu anhu) and Hadhrat Abdullah ibn Abbaas (Radiyallahu anhuma) said:

"Allah did not send a single Prophet (Alaihis Salaam) with whom He did not make a pact. If he were to send Hadhrat Muhammad (Sallallaahu A'laihi Wasallam), if the other Prophets were still alive, they should have accepted him (have Imaan in him) and support him." (Ibn Jareer)

The Prophet (Sallallaahu A'laihi Wasallam) said:

"And if Hadhrat Musa (Alaihis Salaam) was still alive, he would have had no choice but to follow me." (Ahmad, Baihaqi)

When Hadhrat Isa (Alaihis Salaam) will return to this world (nuzul-e-Isa), he will follow the Shari'ah established by Hadhrat Muhammad (Sallallaahu A'laihi Wasallam).

Hadhrat Muhammad (Sallallaahu A'laihi Wasallam) is not the Messenger for a family, a community or a country only, but he is the Messenger for all mankind:

"Say, 'O people! Indeed to all of you I am the Rasool of that Allah to Whom belongs the kingdom of the heavens and the earth ...'"(7:158)

In another verse of the Qur'an, it is said:

"We have sent you to the whole of mankind only as a carrier of good news and a warner.." (34:28)

Just as the Prophet (Sallallaahu A'laihi Wasallam) is the Messenger for all mankind, so his message is also for all people.

Since Hadhrat Muhammad (Sallallaahu A'laihi Wasallam) is the last of the Prophets – Khaatamun Nabiyyeen – anyone who declares himself or claims to be a Prophet after him is nothing but an impostor. The Prophet (Sallallaahu A'laihi Wasallam) said in this regard:

"And there will be thirty liars (impostors) in my Ummat. Each one will say that he is a Prophet. I am "Khatamun Nabiyyeen" (last of the Prophets), so there will be no Prophet after me." (Tirmizi)

Since Muhammad (Sallallaahu A'laihi Wasallam) is the last of the Prophets and since there will be no Prophet to come, it follows that the Qur'an and the laws formulated in the light of the Qur'an are destined to be applied up to Qiyaamah. Allah says:

".. And we have revealed the Book to you that explains all things to you and which is (a means of) guidance, a mercy and good news for those who submit (the Muslims)." (16:89)

THE ROLE OF THE PROPHET (SALLALLAAHU A'LAIHI WASALLAM) AND THE HADITH

Allah Subhaanahu wa Ta'ala revealed His message - the Qur'an Hakim - through the Holy Prophet (Sallallaahu A'laihi Wasallam). However, the role of the latter was not limited to that of an intermediary. It was also incumbent on him to explain this message in detail:

".. And We have revealed the Reminder (the Qur'an) to you so that you may explain to the people what has been revealed to them, and so that they may reflect." (16:44)

The Holy Prophet (Sallallaahu A'laihi Wasallam) explained the Qur'an Hakim by (a) his words, (b) his actions, and (c) his approval. All three ways are known as Hadith, which implies that the Hadith Sharif is the explanation and elaboration of the Qur'an.

The Prophet (Sallallaahu A'laihi Wasallam) did not explain the holy Qur'an, guided by his own desire. All the explanations he gave were inspired by Allah. Therefore, just as the Qur'an is the revelation of Allah Subhaanahu wa Ta'ala, so too can his explanations be considered as such. Allah Ta'ala says:

"And he does not speak of his own desires. (Rather) Whatever he says is revelation (which Allah Ta'ala has) revealed to him." (53:3 and 4)

A tradition of Bukhari explains this fact further: 'once a woman of the Banu-Asad, called Umme Ya'qub, heard that Hadhrat Abdullah ibn Mas'ud (Radiyallahu anhu) cursed women who tattoo themselves and those who tattoos others, those who pluck their eyebrows and those who file their teeth out of coquetry (this is a practice of separating the front teeth from each other by isolating them completely), she came to him and said: "I am told that you have cursed such and such people." Hadhrat Ibne Mas'ud (Radiyallahu anhu) replied: "Why should I not curse those whom the Prophet (Alaihis Salaam) has cursed and who are cursed by the Book of Allah?" she replied: "I have read all that is between the two covers (the Qur'an) and I have found nothing of what you say." "If you had really read (the Qur'an), you would have found it," said Hadhrat Abdullah Ibne Mas'ud (Radiyallahu anhu): "Have you not read these words":

".. Hold fast to what the Rasul (Sallallaahu Alaihi Wasallam) gives you and refrain from what he prevents you..." (59:7)

The woman continued, "Certainly, yes, I have read it."

"Well! The Prophet (Sallallaahu A'laihi Wasallam) forbade all this," replied Ibne Mas'ud (Radiyallahu anhu).

Here Abdullah ibn Mas'ud (Radiyallahu anhu) wanted to show that not all details need to be mentioned in the Qur'an. The main thing is that it contains principles on the basis of which laws can be formulated.

Once the principles are accepted, all the details and laws drawn from them must necessarily be accepted.

The Qur'an considers obedience to the Prophet (Sallallaahu A'laihi Wasallam) as an indispensable condition for obedience to Allah:

"Whoever obeys the Rasul Sallallaahu Alaihi Wasallam obeys Allah Ta'ala ..." (4:80)

In other words, whoever follows the Hadith, follows the Qur'an. According to the principle of the Qur'an, therefore, any practice forbidden by the Hadith is forbidden by the Qur'an, and we must refrain from it at all costs. This is precisely what Hadhrat Abdullah ibn Mas'ud (Radiyallahu anhuma) wanted to make clear to the woman who came to ask him a question. All this gives us an idea of how prudent should be the one who does the Tafsir of the Qur'an. Moreover, it is understood that it is not possible to do Tafsir of the Qur'an without making reference to the Hadith, as its Tafsir also comes from Allah Subhaanahu wa Ta'ala.

All those who wanted to lead the Muslims astray rejected the Hadith in order to then have free rein to interpret the Qur'an as they pleased. This practice has done great harm to Muslims and has allowed the infiltration of notions and thoughts contrary to Islam within the community. In a Hadith, the Prophet (Sallallaahu A'laihi Wasallam) predicted that there would be people who, when they will be presented the Hadith, would say:

"Among us, there is the Book of Allah (Qur'an). Whatever we find halaal in it, we consider halal, and what we find haram, we consider haraam."

The Prophet (Sallallaahu A'laihi Wasallam) warned us of this danger and, in order to prevent us from falling into such a trap, said:

"Certainly what the Messenger of Allah (Sallallaahu A'laihi Wasallam) has declared as haram, it is as if Allah has declared it haraam." (Tirmizi)

In regards to those who interpret the Qur'an as they please, according to their opinions and personal interests, the Prophet (Sallallaahu A'laihi Wasallam) said:

"He is also in error who expresses his personal opinion on the (verse of the Qur'an), even if that opinion coincides with the correct answer." (Tirmizi)

This tradition is a stern warning against those who engage in this practice, as it makes it clear that whoever interprets the Qur'an according to his own opinions without resorting to the Hadith is mistaken, even if his opinions coincide with the correct interpretation. Such a person is wrong because he has adopted a method of interpretation that is dangerous, forbidden and contrary to the teaching of Islam - a method that is likely to lead people astray. In Islam, the end in no way justifies the means. If the end counts, the means count as well and must conform to the Shari'ah. In one tradition, the Prophet (Sallallaahu A'laihi Wasallam) says:

"Whoever expresses his personal opinion about the Qur'an will have hell as his refuge." (Tirmizi)

NEED FOR IJTIHAAD

The Qur'an is a source of hidaayah for all the time. However, it is not possible to mention all the problems that would arise over time until Qiyaamah. It is not possible to mention everything even in the Hadith. So how can we find solutions to the various problems that a believer has to face? Allah has left nothing randomly. He has taken care to include in the Qur'an and the Hadith, principles from which solutions can be drawn to the various problems that arise from time to time. Therefore, any problem that has not been specified in the Qur'an and the Hadith must necessarily be covered by one of the principles of the Qur'an or Hadith.

At this stage, another difficulty arises. How do you determine that a problem falls under this or that principle? It is precisely this difficulty that gives rise to Ijtihaad.

DEFINITION OF IJTIHAAD

Literally, "Ijtihaad" means "to make efforts". But in Islamic terminology, it means "to exert the utmost effort in order to find solutions to the various problems in the light of the Qur'an and the Hadith, solutions not explicitly specified in the Book of Allah and the Sunnah".

THE MASAAIL (PROBLEMS) THAT ARE THE SUBJECT OF IJTIHAAD

A believer faces three kinds of issues (Masaail):

An issue that has only one solution - a solution that is clearly and explicitly mentioned in the Qur'an or the Hadith.
An issue regarding which there is more than one verdict.
An issue regarding which there is no explicit solution mentioned.

Of these three kinds of issues, only the first is not subjected to Ijtihaad, while the other two (the second and the third) are.

With respect to Issue No. 2, it is necessary to have recourse to the Ijtihaad in order to find out which verdicts have been revoked and which have not, or to find valid and plausible explanations in order to reconcile the different verdicts.

With regard to Issue No. 3, one must resort to Ijtihaad in order to determine under what principle of the Qur'an or the Hadith can it be applied in order to find a solution.

THE LEGITIMACY OF IJTIHAAD

The task of Ijtihaad, according to the Qur'an and the Hadith, is for qualified people only: "If you dispute regarding any matter, then refer it to Allah Ta'ala and the Rasul Sallallaahu Alaihi Wasallam..." (4:59)

This verse requires that we refer to the Qur'an and the Hadith to settle our differences. However, as we have seen above, the solutions to all the problems are not necessarily mentioned explicitly. So what is the real meaning of this verse? It asks us to have recourse first to the Qur'an, then to the Hadith, and then, if we have not been able to find a clear, definite and specific solution, then we must resort to Ijtihaad in order to find a solution.

Allaamah Abu Bakr Al Jassaas (Rahmatullaahi Alayh.), commenting on this verse, said:

"There are two ways of referring to the Qur'an and the Hadith. Firstly (by referring) to the text and secondly (by resorting to) the meanings implied by the text and analysed by analogy in the light of the text." (Ahkaam-ul-Qur'an)

Another verse sheds more light on the matter:

".. If they had referred the matter to the Rasulullah (Sallallaahu Alaihi Wasallam) and to those of them who have understanding, it would surely be known to those of them who investigate the matter ..." (4:83)

In this verse, the word "Istimbaat" (Yastanbitunahu) means "to deduce by analogy" (Ijtihaad), which demonstrates the importance and legitimacy of Ijtihaad. Commenting on this verse, Allaaamah Abu Bakr Al Jassaas (Rahmatullaahi Alayh) said:

"This verse confirms the opinion of those who say that it is Waajib to make deductions by analogy (Ijtihaad) (to find solutions) to (different) problems". (Ahkaam-ul-Qur'an)

The Prophet (Sallallaahu A'laihi Wasallam) also approved of the practice of Ijtihaad. Once, when he was sending Hadhrat Mu'az Ibn Jabal (Radiyallahu anhu) as governor to Yemen, he asked him:

"How are you going to judge a case that is brought before you?"

"I will judge according to the book of Allah", he said.

"If you can't find anything in the book of Allah?" The Prophet (Sallallaahu A'laihi Wasallam) asked.

"(I will judge) according to the Sunnah (principle) of the Messenger of Allah (Sallallaahu A'laihi Wasallam)."

"If you do not find anything in the Sunnah of the Messenger of Allah (Sallallaahu A'laihi Wasallam) and in the Book of Allah," the Prophet (Sallallaahu A'laihi Wasallam) asked.

"I will do Ijtihaad and I will spare no effort," he replied.

At this answer, the Prophet (Sallallaahu A'laihi Wasallam) hit his chest and said: "Praise be to Allah, the One who gave the delegate of Rasulullah (Sallallaahu A'laihi Wasallam) the "Taufeeq" to do something that pleases the Messenger of Allah (Sallallaahu A'laihi Wasallam)." (Abu Daawud)

We have seen so far that in certain situations it becomes absolutely necessary to have recourse to Ijtihaad, hence its importance. As for its legitimacy, we have just seen it together in the light of the Qur'an and the Hadith.

IJMA OR CONSENSUS

A verdict issued using deduction by analogy (Ijtihaad in the light of the Qur'an and the Hadith) and approved by all scholars is called "Ijma" (consensus). Ijma is ranked third in the hierarchy of Islamic law. Hadhrat Abdullah ibn Mas'ud (Radiyallahu anhu) said that if the Qur'an and the Hadith are not clear and specific as to the solution to a problem, then we should refer to the verdicts of the righteous:

"Give verdicts according to the verdicts of the pious." (Abdur Razzaaq)

Hadhrat Umar (Radiyallahu anhu) was of the same opinion. (Nasai)

The word "As-swalihun" (the pious) applies especially to the Sahabah (Radiyallahu anhum) here. Allah appreciated their efforts, devotion and deeds and gave them the certificate of:

"Allah is pleased with them."

The Sahabah (Radiyallahu anhum) are those whom Allah has chosen to propagate Islam. Their verdicts deserve our full consideration and must be accepted as concrete evidence. To go against a judgment they have rendered is to be ignorant and to go straight into error.

Referring to Ijma, the Qur'an uses the word "Sabeelil Mu'mineen" (path of the believers). A verse reads as follows:

"Whoever opposes the Rasool after the guidance has become manifest (clear) to him and follows a path other than that of the Mu'mineen, We shall allow him to do that which he is doing and then enter him into Jahannam ..." (4:115).

The Ijma can never be in contradiction to what Allah and His Prophet (Sallallaahu A'laihi Wasallam) have said. The Prophet (Sallallaahu A'laihi Wasallam) said:

"Surely Allah will not gather my ummah on error. And Allah's help is upon the Jama'ah, and whoever turns away from it, will be thrown into the fire." (Tirmizi)

In other words, there will never be a consensus on something that is not in accordance to the Shari'ah. It follows, therefore, that the decision of "Ijma" will never be in contradiction with the Shari'ah.

THE ABILITY TO UNDERSTAND SHARI'AH

The level of intelligence and aptitude varies from person to person. Allah Ta'ala says in the Qur'an: "He gives wisdom to whom He wills." (2: 269)

The Prophet (Sallallaahu A'laihi Wasallam) said that there are three categories of people in relation to their ability to acquire knowledge:

"The guide (Hidaayah) and the science (knowledge) that Allah has given me as a mission to spread are like abundant rain that waters the soil. Where there is fertile soil, water is absorbed and plants, grasses and shrubs grow in large numbers. Elsewhere, there are places with low permeability that retain water. Allah makes them serve men for drinking, watering, animals, and cultivation. Finally, there is another category of places where the water falls. These are flat, rocky lands that do not retain water and where no grass grows. Similarly, there are three categories of men: (1) those who are educated in the religion of Allah and who takes benefits from the things for which Allah has sent me — who have learned and have taught; (2) those who know and teach; (3) Those who do not agree to lift up their heads and do not accept the straight path that Allah has sent me to bring." (Bukhari)

Imam Nawawi (Rahimahullah), in the light of this tradition, says that there are three categories of people:

Educated and intelligent people who practice and propagate what they know.
People who have a very good memory, but less intelligent than those of the first category to make deductions by analogy in the light of their knowledge. However, others can benefit from what they have memorized.
Uneducated people from whom no one can benefit.

For Imam Nawawi, the people of the first category are the scholars (U'lama), those of the second are the narrators who, despite their good memory, do not possess the faculty of analysis and deduction by analogy, and those of the third are ordinary people - the general public - who have no knowledge of religion and who, therefore, cannot transmit anything to others. (Commentary of Muslim Sharif of Imam Nawawi)

Fiqhuddeen (understanding the Shari'ah) or hikmah (wisdom) is a great gift that not everyone has: Allah says:

"..And whoever is given wisdom has indeed received tremendous good..." (2: 269)

In turn, the Prophet (Sallallaahu A'laihi Wasallam) said:

"For whomsoever He wishes well, Allah makes him acquire knowledge (understanding - fiqh) in religion." (Bukhari)

Since not everyone gets the good fortune to be able to acquire fiqh and hikmah, it follows that it is not appropriate for just anyone to make an analogy deduction in the light of the Qur'an and the Hadith. In other words, not everyone is fit to do Ijtihaad. Only those who are qualified can do it.

QUALIFICATIONS REQUIRED TO DO IJTIHAAD

The scholars have listed the qualifications required for a person to be considered a Mujtahid. However, before looking at them in detail, it would be good to point out that piety (Taqwa) is one of the indispensable qualities. Allah sheds light on the Muttaqi (the pious person) that allows him to distinguish truth (Haq) from falsehood (Baatil), light (Nur) from darkness (Zulmat). It is precisely this light which Allah calls "Furqaan" in the Qur'an:

"If you fear Allah, He will grant you a criterion (standard by which you can differentiate between right and wrong) ..." (8: 29)

In another verse, it says:

".. From Allah Ta'ala's bondsmen (servants) it is only the learned ones (those who recognise Him and the Ulama who possess understanding) who fear him." (35: 28)

Let us now see what the Prophet (Sallallaahu A'laihi Wasallam) says about the word "Nur" (light):

"The heart expands when light enters it."

He (Sallallaahu A'laihi Wasallam) also said that there are three signs which show that the light (Nur) has penetrated into the heart of a person:

"Distancing oneself from the place of disappointment (the world), inclining toward the eternal world, and preparing for death before it comes."

It is from this tradition that Hadhrat Mujaahid (Rahimahullah) defined a Faqih as follows:

"A Faqih is none other than one who fears Allah." (Daarimi)

Hadhrat Hassan Basri (Rahimahullah) was of the same opinion as Hadhrat Mujaahid (Rahimahullah) (Umdat-ul-Qaari - Vol. 2, page 29).

"Taqwa" is therefore an essential, even indispensable, quality in a Mujtahid. But since it is not visible, scholars have only mentioned the visible criteria. A Mujtahid must:

Be an adult and sane Muslim.
Know the psychology of people, especially that relating to mentalities and manners.
Have a great knowledge of the Arabic language, which includes etymology, morphology, grammar, and rhetoric.
Have a deep knowledge of the Qur'an.
Have a deep knowledge of the Hadith which includes the text and also the chains of transmission.
Know which laws have been abrogated (Mansukh) and which laws have repealed the previous laws (naasikh).
Know the regulations and principles of analogy (Raddul Mukhtaar).

Hadhrat Umar ibn 'Abd al-'Aziz (Rahimahullah) said:

"A Qaazi must possess five qualities. If one of them fails him, he is unworthy of his office. He must be intelligent (wise), calm, chaste, firm, learned, and eager for knowledge (knowledge)." (Bukhari)

Allaamah Tajuddeen Subki (Rahimahullah), an eminent scholar of the 10th century Hijri, commenting on the study of Hadith in his time said: "Nowadays, those of average intelligence think that they have learned everything about Hadith after studying Mashaariq-ul-Anwaar. And the one who has studied "Masaabeeh" by Allaamah Baghwi is considered to be a Muhaddith (scholar or doctor of Hadith). All this is only because of their ignorance of what Hadith really is. Even one who has learned these two books by heart, as well as other texts, even twice as long, cannot be taken for a Muhaddith as long as a camel cannot pass through the eye of a needle."

For Allaamah Subki (Rahimahullah), a Muhaddith must:

Know the chain of transmission of the Ahaadith.
Know the criteria that affect the authenticity of a Hadith.
Have some knowledge about the narrators of Hadith.
Know the Ahaadith whose chains of transmission are close to the Prophet (Sallallaahu A'laihi Wasallam) and those chains of transmission that are distant.
Have memorized a large number of the Ahaadith and have heard, in addition to the booklets on specific subjects, Siha Sitta, Musnad Ahmad, Baihaqui and Tabrani.

These are the minimum qualifications required to be considered a Muhaddith according to Allaamah Subki (Rahimahullah). (Excerpt from Fataawa Abdul Hay)

If this was the situation concerning the knowledge of the religion (I'lm-e-Deen) at that time, what would be the situation today? The Prophet (Sallallaahu A'laihi Wasallam) said:

"Allah will not make the science (knowledge) disappear by taking it away from men directly, but He will make it disappear by making the scholars disappear, until there is none left. Then men will take ignorant people as their leaders, who, when questioned, will answer without the slightest science, thus leading themselves astray and leading others astray." (Bukhari)

Commenting on this Hadith, Hadhrat Qaazi Iyaadh (Rahimahullah) said that this prediction of the Prophet (Sallallaahu A'laihi Wasallam) had already come true in his time. Of this commentary, Sheikh Qutubuddeen says that this was the situation at that time in spite of the many scholars who lived there. Sheikh Allaamah Badruddin (R.A) said:

"If this was the situation at a time when there were many scholars, jurists of the four mazaahib and very great Muhadditheen, what would be the situation in our days, when the ignorant give fatwa and teach in the Madrassahs?" (Umdat-ul-Qaari - Vol. 2, page 83)

Allaamah Badruddin, the author of Umdat-ul-Qaari, was an eminent scholar of the 9^th century Hijri. The analysis he made, relating to the knowledge of religion in his time and to that which preceded it, calls for the following reflection on our side:

"What is the position, in this 15th century Hijri, of knowledge on religion?" The answer is too obvious. We live in a time when people learn religion superficially and as a hobby. They think that it is easy to acquire knowledge about Islam, because Islam is simple and teaches simplicity, and that this is limited to the study of a few booklets. They are deeply mistaken about this."

That's not all. There is another serious illness that is corroding the community. The Islamic education and training of most Muslims is flawed and marked by the unhealthy influence of the West. And to make matters worse, they dare to venture to explain Islam in the light of this polluted and contaminated knowledge! This method of analysis will not help us to understand Islam better than how Western writers have understood it. To understand the human problem, you have to have a human heart. In the same way, to understand Islam, one must have an Islamic education and training!

[English version of "Ijtihaad" – Al Haadi – Vol. 1 No. 3]