A.Rahman
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An indispensable tool
By Sidrah Unis
MUSLIMS proudly assert that Islam is a system of life valid, and compatible with, for all times and climes. But the question is how, when the whole universe is constantly in transition, can centuries-old commandments provide answers to the multitude of modern-day issues requiring new and unprecedented solutions? Well, this is accomplished by way of Ijtehad an indispensable tool that enables Islamic law to keep pace with the march of time.
The laws of Islam comprise rules of conduct revealed by God to His Prophet, whereby people are directed to lead their lives. Thus, revelation is the source of Islamic law. Revelation consists of: (1) communications made by Gabriel, under the directions of God, to the Holy Prophet (PBUH) either in the very words of God or by hints; or (2) such knowledge as occurred in the mind of the Prophet through inspiration from God; and (3) opinion of the Prophet, embodied in the form of ratiocination, delivered, from time to time, on issues that happened to be raised before him.
Revelation is available to us in the form of the Quran and the Sunnah of the Prophet. The Quran comprises only those revelations that were made in the very words of God; the rest form the corpus of the Sunnah.
The rules of conduct provided by revelation consist of: (1) laws that regulate mens relations to and dealings as among themselves; (2) laws that are concerned only with the spiritual aspect of individual life; and (3) laws that not only concern the spiritual aspect of individual life, but also affect the Muslim society as a whole.
Another unique aspect of Islamic law is that it attributes the authority of making laws to God only. According to Islam, no man or body of men can ever be capable of or allowed to make laws for other men. Now, as mentioned above, it can be validly asked that as the last set of laws made by God was bestowed upon mankind centuries ago, and that much has changed in the world since then, so in the absence of new laws for the new circumstances, how does Islam manage to survive?
To put it differently, as men cannot make new laws and as God has also not given any further laws, how can Islam cope and deal with the latest problems that confront the human society? It is an accepted fact that a legal system has to continuously adapt to the needs of changing times; otherwise, it loses its applicability and fades away.
To begin with, as the laws available in the form of revelation are concerned, in them God has explained the fundamental principles of behaviour pertaining to all the essential human transactions, dealings, and matters. He says: .... We have bestowed from on high upon thee, step by step, this divine writ, to make everything clear, and to provide guidance .... (Al-Quran: 16; 89); Thus, indeed, have We propounded unto men all kinds of parables in this Quran .... (Al-Quran: 39; 27); .... And if you are at variance over any matter, refer it unto God (i.e. the Quran and the Apostle (i.e. the Sunnah), if you (truly) believe in God and the Last Day .... (Al-Quran: 4; 59).
The above-narrated verses tell us that: (1) revelation is a complete set of guiding principles; and (2) revelation is well capable of settling and dealing with all controversies, conflicts, and problems.
However, where there is no room for the making of new laws, there is also no prohibition on the innovation, extension, and re-interpretation of the existing laws. This very process of innovation, extension, and re-interpretation of laws given in the Quran and the Sunnah, in order to explain and analyse the legality of latest issues, is denoted by Ijtehad. It is the method of Ijtehad by which God has enabled Muslim jurists to: (1) make provisions for the developing circumstances; and (2) prove Islam as a system of life practical for all times.
Ijtehad has two main kinds: Qiyas is an Ijtehad conducted by a single jurist; Ijma is an Ijtehad conducted by a body of jurists. If a Qiyas and an Ijma, both conducted at the same time regarding the same thing, come into conflict with each other, then Ijma prevails. This is done due to the presumption that jurists acting in a body are less likely to err than a jurist acting alone.
Let us see some examples of how the law is innovated and developed by way of Ijtehad. The Quran (5; 90, 91) has forbidden the drinking of alcohol. The ban has been put due to its being an intoxicant. By using Ijtehad this prohibition on the non-medical use of alcohol is applied to the non-medical use of all substances that have the property of intoxication. Heroin, cocaine etc, which are recent discoveries, are also prohibited due to the same reason.
The Quran enjoins honouring of commitments and honesty in dealings. These centuries old commandments also apply to the contracts and transactions made over the Internet. Similarly, whether a person steals money by using conventional methods, or by using a stolen credit card or ATM card, he will remain a thief and will be dealt with in accordance with the injunctions of the Quran and the Sunnah.
The law developed by way of Ijtehad may or may not be good for all times. A rule that is suitable for a certain matter, under the present circumstances, may not remain so in future, if the facts governing the matter undergo a change. Thus, an Ijtehad, made a thousand years ago, may not be held valid in todays world, in view of considerable change in facts and widening of knowledge in the past thousand years. Also, as no jurist can claim infallibility, no Ijtehad can be treated as infallible. All these factors give rise to the necessity for continuous exercise of Ijtehad. In other words, the law obtained by practising Ijtehad can be and must be modified, replaced, or cancelled according to the state of affairs and developments in society.
At this point, having studied the concept and significance of Ijtehad, it must be mentioned that certain Muslim jurists claim that Ijtehad cannot be practised anymore. According to them, people can look back to Ijtehads conducted in the past for seeking guidance for all their present and future needs, but it is not lawful for them to make any new Ijtehad. This stance is not only based on ignorance, but it has also immensely harmed the cause of Islam by arresting the intellectual growth of a large section of Muslims by making them blind followers of outdated judgments and interpretations.
The claim that Ijtehad can no more be practised is an antithesis to a Muslims duty of thinking and reflecting, which is so abundantly and clearly stressed in the Quran. Also, it is an established fact that the practice of Ijtehad was started in the time of the Prophet. There is not the slightest evidence of the Prophets ever having stated that the judgments of any of his Companions based on Ijtehad would or could be forever binding on people. Thus, any restriction on the exercise of Ijtehad is against the spirit of the Quran and the Sunnah.
By Sidrah Unis
MUSLIMS proudly assert that Islam is a system of life valid, and compatible with, for all times and climes. But the question is how, when the whole universe is constantly in transition, can centuries-old commandments provide answers to the multitude of modern-day issues requiring new and unprecedented solutions? Well, this is accomplished by way of Ijtehad an indispensable tool that enables Islamic law to keep pace with the march of time.
The laws of Islam comprise rules of conduct revealed by God to His Prophet, whereby people are directed to lead their lives. Thus, revelation is the source of Islamic law. Revelation consists of: (1) communications made by Gabriel, under the directions of God, to the Holy Prophet (PBUH) either in the very words of God or by hints; or (2) such knowledge as occurred in the mind of the Prophet through inspiration from God; and (3) opinion of the Prophet, embodied in the form of ratiocination, delivered, from time to time, on issues that happened to be raised before him.
Revelation is available to us in the form of the Quran and the Sunnah of the Prophet. The Quran comprises only those revelations that were made in the very words of God; the rest form the corpus of the Sunnah.
The rules of conduct provided by revelation consist of: (1) laws that regulate mens relations to and dealings as among themselves; (2) laws that are concerned only with the spiritual aspect of individual life; and (3) laws that not only concern the spiritual aspect of individual life, but also affect the Muslim society as a whole.
Another unique aspect of Islamic law is that it attributes the authority of making laws to God only. According to Islam, no man or body of men can ever be capable of or allowed to make laws for other men. Now, as mentioned above, it can be validly asked that as the last set of laws made by God was bestowed upon mankind centuries ago, and that much has changed in the world since then, so in the absence of new laws for the new circumstances, how does Islam manage to survive?
To put it differently, as men cannot make new laws and as God has also not given any further laws, how can Islam cope and deal with the latest problems that confront the human society? It is an accepted fact that a legal system has to continuously adapt to the needs of changing times; otherwise, it loses its applicability and fades away.
To begin with, as the laws available in the form of revelation are concerned, in them God has explained the fundamental principles of behaviour pertaining to all the essential human transactions, dealings, and matters. He says: .... We have bestowed from on high upon thee, step by step, this divine writ, to make everything clear, and to provide guidance .... (Al-Quran: 16; 89); Thus, indeed, have We propounded unto men all kinds of parables in this Quran .... (Al-Quran: 39; 27); .... And if you are at variance over any matter, refer it unto God (i.e. the Quran and the Apostle (i.e. the Sunnah), if you (truly) believe in God and the Last Day .... (Al-Quran: 4; 59).
The above-narrated verses tell us that: (1) revelation is a complete set of guiding principles; and (2) revelation is well capable of settling and dealing with all controversies, conflicts, and problems.
However, where there is no room for the making of new laws, there is also no prohibition on the innovation, extension, and re-interpretation of the existing laws. This very process of innovation, extension, and re-interpretation of laws given in the Quran and the Sunnah, in order to explain and analyse the legality of latest issues, is denoted by Ijtehad. It is the method of Ijtehad by which God has enabled Muslim jurists to: (1) make provisions for the developing circumstances; and (2) prove Islam as a system of life practical for all times.
Ijtehad has two main kinds: Qiyas is an Ijtehad conducted by a single jurist; Ijma is an Ijtehad conducted by a body of jurists. If a Qiyas and an Ijma, both conducted at the same time regarding the same thing, come into conflict with each other, then Ijma prevails. This is done due to the presumption that jurists acting in a body are less likely to err than a jurist acting alone.
Let us see some examples of how the law is innovated and developed by way of Ijtehad. The Quran (5; 90, 91) has forbidden the drinking of alcohol. The ban has been put due to its being an intoxicant. By using Ijtehad this prohibition on the non-medical use of alcohol is applied to the non-medical use of all substances that have the property of intoxication. Heroin, cocaine etc, which are recent discoveries, are also prohibited due to the same reason.
The Quran enjoins honouring of commitments and honesty in dealings. These centuries old commandments also apply to the contracts and transactions made over the Internet. Similarly, whether a person steals money by using conventional methods, or by using a stolen credit card or ATM card, he will remain a thief and will be dealt with in accordance with the injunctions of the Quran and the Sunnah.
The law developed by way of Ijtehad may or may not be good for all times. A rule that is suitable for a certain matter, under the present circumstances, may not remain so in future, if the facts governing the matter undergo a change. Thus, an Ijtehad, made a thousand years ago, may not be held valid in todays world, in view of considerable change in facts and widening of knowledge in the past thousand years. Also, as no jurist can claim infallibility, no Ijtehad can be treated as infallible. All these factors give rise to the necessity for continuous exercise of Ijtehad. In other words, the law obtained by practising Ijtehad can be and must be modified, replaced, or cancelled according to the state of affairs and developments in society.
At this point, having studied the concept and significance of Ijtehad, it must be mentioned that certain Muslim jurists claim that Ijtehad cannot be practised anymore. According to them, people can look back to Ijtehads conducted in the past for seeking guidance for all their present and future needs, but it is not lawful for them to make any new Ijtehad. This stance is not only based on ignorance, but it has also immensely harmed the cause of Islam by arresting the intellectual growth of a large section of Muslims by making them blind followers of outdated judgments and interpretations.
The claim that Ijtehad can no more be practised is an antithesis to a Muslims duty of thinking and reflecting, which is so abundantly and clearly stressed in the Quran. Also, it is an established fact that the practice of Ijtehad was started in the time of the Prophet. There is not the slightest evidence of the Prophets ever having stated that the judgments of any of his Companions based on Ijtehad would or could be forever binding on people. Thus, any restriction on the exercise of Ijtehad is against the spirit of the Quran and the Sunnah.
