Development of Ijtihad —II

The Ijtihad and development of fiqh on part of classical jurists of Islam like Imam Abu Hanifa, Maalik, Shaafi, etc took the shape of formidable schools among their followers and students. They are known as muqalideen.It was argued by them that the gate of Ijtihad is closed now and there is no room for furtherIjtihad.Thus taqlid emerged as an institution which literally means imitation. It means to accept with full faith the interpretations and understanding of religion and traditions as advocated by the older generation of Jurists who claimed their views to be authoritative and infallible, and did not tolerate the examination of the authenticity of such views by anybody. Men with such faith hold that only the fuqaha of early centuries of Islam possessed the real perspicuity and learning to deduce the relevant fiqh from divine tenants embodied in the Quran and Hadith. Advocates of Ijtihad, on the other hand, opined that this view of stagnation emerged merelyas a result of fear of disunity among Muslims in a period of political instability, intellectual stagnation and destruction of Baghdad in 13th century.The discourses on Ijtihad gained significant momentum from 17th century onwards. Among the traditional reformers who argued to renew Ijtihad were Shah Wali Allah (d. 1763), IbnMu’mar (d. 1810), Muhammad ibn Ali al-Shawkani (d. 1832), and Muhammad ibn Ali al-Sanusi (d.1859). Their emphasis on the centrality of Ijtihad amounted to a criticism of taqlid. They maintained that taqlid is lawful only when applied on behalf of laymen who need the guidance of legal scholars in running their mundane and religious affairs.” They argued that for the learned jurists the ultimate authorities did not lie in the doctrines of past masters but rather in the Qur’an and the Sunnah. Muslim scholars like Jamal al-Din Afghani (d. 1893) and his disciple Shaykh Muhammad Abduh (d. 1905) wrote about reopening of the door of Ijtihad. A similar stance was adopted by Shaykh Rashid Ridda (d. 1935). They claimed that to perceive the true essence of Islam one must free oneself from taqlid and blind dependence on the traditional interpretations of the four classical schools of thought and return to the religion of the forefathers (Salaf).The pro ijithad group claimed that not every interpretation, rulings, and opinions of old generation jurists need to be rejected, but where there is a scope of improvement and difference, one must be ready to improve on that keeping in view the emerging social political and economic dimensions of the times. Among some of the most noteworthy Muslim Scholars who made eminent contribution in the promotion of Ijtihad was Shah WalliullahDehlvi(d.1762).As a great spiritual leader, reformer, established thinker and intellectual of par excellence in Islamic world, Shah Walliulah, made a tremendous contribution towards revival of Islam in the subcontinent. He lived in an age marked by political and moral crisis following decline of Mughal Empire. The state of Muslim society was also dormant as a result of intellectual decay among Muslims. He was against any kind of extremism and was for moderation as well as compromise, which of course should in no way violate or challenge the basics of Islam. Shah Waliullah was first scholar in the subcontinent who translated the Holy Qur’an into Persian despite bitter opposition of orthodox Ulema. This, to some extent broke the monopoly of theologians and enabled educated Muslims to study and understand the Holy Qur’an on their own. This was a sort of breakthrough because it encouraged study of the Holy Qur’an on much wider scale among Muslims. With sharp intellect and powerful pen he, strongly advocated the necessity of taking resort to Ijtihad in almost all his writings. He says that Ijtihad in every age is obligatory on the Muslim Scholars. He was of the view that on various problems and issues confronting Muslims because of new developments and changes and because of cultural variations from Arabia, Muslims should restart Ijtihad and suggest formulate to new solutions and create new paradigms. However he advised caution and care in bringing about any change in the solutions already proposed and agreed by the scholars of Islam. He showed and advised great respect and reverence to the Islamic thinkers of the past i.e. classical jurists. His role was to suggest ways and means to counter political and moral decline of Muslims. In this endeavor, he opted for moderation, unity of thought and reconciliation among various schools of thought in Islam.
According to him, Ijtihad means the full understanding of the Shariahvalues based on the fundamentals of Islam, the elucidation of their details and the compilation and codification of new laws, although it may be in conformity with the approach adopted by the founder of a particular School.” For Shah Walliullah every age has its countless peculiar problems, and cognizance of the Divine Injunctions with regard to them is essential. Therefore only way open is to review and reassess these differences. According to Sir Syed Ahmad Khan (d. 1898) Muslims should develop the spirit of enquiry and research. Life in every age brings new problems and new needs. If we do not have living Mujthahdis, how can we ask the dead Mujtahids about needs and problems which had no existed in their times.Maualna Mohammad Ali Johar (d. 1931) an illustrious writer on Islamic literature and English translator of the Holy Qur’an.devoted a complete chapter on Ijtihad in his book ‘The Religion of Islam’where he has laid emphasis on reason and momentum of thought which Islam teaches. He says: “Reasoning or the exercise of Judgment in theological as well as legal matters, plays a very important part in the Religion of Islam, and the values of reasons expressly recognized in the Holy Quran, Ijtihad or the exercise of judgment is expressly recognized in Hadith as the means by which a decision may be arrived at, when there is no direction in the Holy Qur’an or Hadith. The impression prevailing in the Muslim world at present that on one has the right, even in the light of the new circumstances with a thousand years of the World’s progress have brought about, to differ with the four Imams is entirely a mistaken idea. The right to differ with the highest of men below the Prophet is a Muslim’s birth right, and to take away that birth right is to stifle the very existence of Islam. Under the present circumstances, when conditions have quite changed and the World has been moving on for a thousand years, while the Muslims have more or less stagnated, it is the duty of Muslim states and Muslim Peoples to apply their own Judgment to the changed conditions, and find out the ways and means for their temporal salvation.”( to be continued ………….)
( Continued From Previous Saturday>>>>>>>>>>>>>>>>>>>>>>>>>>)
( The author is pursuing Ph.D at Law Department at Kashmir University Srinagar. Views are his own)
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