Ijtihad — Independent Legal Reasoning

Definition

Ijtihad (اجتهاد) means exerting utmost intellectual effort to derive a legal ruling from the Islamic sources. A mujtahid is a scholar qualified to perform ijtihad. This process is the engine of Islamic legal development, allowing qualified scholars to address new questions, reexamine old opinions in light of new evidence, and apply the principles of the Shariah to changing circumstances. The Prophet praised ijtihad: 'If a judge gives a ruling based on ijtihad and is correct, he receives two rewards. If he gives a ruling based on ijtihad and is wrong, he receives one reward' (Bukhari and Muslim).

Qualifications of a Mujtahid

Not everyone is qualified to perform ijtihad. Classical scholars required mastery of Arabic to the level of understanding Quranic and hadith texts directly; comprehensive knowledge of the Quran, including its abrogating and abrogated verses; extensive knowledge of hadith and the ability to evaluate their authenticity; understanding of ijma so as not to contradict established consensus; mastery of usul al-fiqh (legal methodology); knowledge of the maqasid al-shariah (objectives of Islamic law); and piety, uprightness, and sound judgment.

Levels of Ijtihad

Scholars identify different levels. Ijtihad mutlaq (absolute ijtihad) is practiced by founders of madhabs who developed complete legal methodologies. Ijtihad within a madhab involves applying the school's established principles to new questions. Ijtihad on specific issues (ijtihad juz'i) addresses particular contemporary questions using established methodology. Tarjih (preference) involves choosing between existing opinions within a madhab based on evidence. Most qualified scholars today operate at the levels of specific-issue ijtihad or tarjih.

The Gate of Ijtihad

A common claim is that 'the gate of ijtihad was closed' after the fourth century of Islam. Most serious scholars reject this as historically inaccurate. Scholars like Ibn Taymiyyah, al-Suyuti, al-Shawkani, and many others practiced ijtihad centuries after this supposed closure. What did happen was a shift toward working within established madhabs rather than creating new ones, which was a natural maturation of the legal system rather than an abandonment of independent reasoning. Today, collective ijtihad through bodies like the International Islamic Fiqh Academy addresses contemporary issues through scholarly consultation.