Formative period During the early period,
ijtihad referred to the exertion of mental energy to arrive at a legal opinion (''ra'y'') on the basis of the knowledge of the Divine Revelation. As the practice of
ijtihad transformed over time, it became religious duty of a
mujtahid to conduct legal rulings for the Muslim society.
Mujtahid is defined as a Muslim scholar that has met certain requirements including a strong knowledge of the
Qur'an,
Sunna, and Arabic, as well as a deep understanding of legal theory and the precedent; all of which allows them to be considered fully qualified to practice
ijtihad.
Classical era Origins of the controversy The controversy over the existence of
Mujtahids began in its nascent form during the sixth/12th century. The fifth-century Hanbali jurist
Ibn 'Aqil (1040–1119) responding to a Hanafi jurist's statement, advocated for the necessity of existence of
Mujtahids using scripture and reasoning. A century later, Shafi'i jurist
Al-Amidi would counter the premise of Hanbalis and prominent Shafīʿis arguing that extinction of
Mujtahids is possible. Over the centuries, the controversy would garner more attention with the scholars gathering around 3 camps: 1)
Hanbalis and majority of
Shafīʿis who denied the theoretical possibility of
Mujtahid's extinction 2) a group of jurists who asserted that extinction of
Mujtahids is possible but not proven 3) a group who advocated the extinction of
Mujtahids. To validate their points, the scholars of
Taqlid camp cited Prophetic
hadiths that report the disappearance of knowledge when ignorant leaders "will give judgements" and misguide others.
Muqallids also argued that
Ijtihad isn't a communal obligation (
fard kifaya) when it is possible to blindly imitate the laws of ancestors received through transmitted chains of narrations. Hanbalis, the staunch advocates of permanent existence of
Mujtahids, countered by citing Prophetic reports which validated their view that knowledge and sound judgement would accompany the Muslim
Ummah led by
Mujtahid scholars until the
Day of Judgment, thus giving theological implications to the controversy. They also raised the question of leadership and interpretive religious authority to vigorously deny the possibility of an age without
Mujtahids, a doctrine which they defended using both Scripultural and rational arguments. Citing Prophetic traditions such as "scholars are the heirs of the prophets", Hanbalis settled on the belief that God would not leave any age without a proper guide, i.e., Islamic
Fuqaha (jurists) who solve novel issues through
Ijtihad. The majority of Shafīʿi scholars were also leading advocates of
Ijtihad as a
fard kifaya (communal obligation). The prominent 16th century Shafi'i legal treatise
Fath-ul-Mueen affirmed the existence of
Mujtahids and obligated them to take the post of
Qadi as
fard kifaya. Leading Shafīʿi jurist
Al-Suyuti (1445-1505) also stipulated
Ijtihad as a communal obligation, the abandonment of which would be sinful upon the whole
Ummah. Shafīʿis also upheld the popular Muslim tradition of appearance of
Mujaddids who would renew the religion every century. As promoters of the idea of
Mujaddids; (who were assumed as
Mujtahids) majority of jurists who claimed
Tajdid or honoured as
Mujaddids were Shafīʿis. On the other hand, some prominent Shafīʿi jurists like Al-Rafi'i (d. 623 AH) had made statements speculating an "agreement" on the absence of
Mujtahid Mutlaqs (highest-ranking
Mujtahid) during his era, while few others affirmed the theoretical possibility of the absence of
Mujtahids. However, such statements had ambiguities in legal terminology and didn't stipulate an established consensus on the issue. In addition, Rafi'i himself was considered as a
Mujtahid and a
Mujaddid.
Yahya ibn Sharaf al-Nawawi (d. 676/1277), a prominent Shafī'i
Muhaddith and Jurist, who is a primary reference even for Shafiites of the Taqleed camp; advocated that it isn't obligatory for laymen to adhere to a ''mad'hab'', reinforcing the orthodox Shafī'ite pro-Ijtihad position. Other prominent classical Shafī'i jurists who advocated the pro-Ijtihad position included
Taj ud Din al Subki,
Dhahabi,
Izz ud Deen Ibn Abdussalam,
Ibn al Salah,
Al Bulqini, etc. Taj ud Din al Subki (d. 1370 CE) summed up the classical-era Shafi'i position in his ''Kitāb Mu'īd an-Ni'am wa-Mubīd an-Niqām'':
Emergence of the "closure of the gates" notion In contrast to the view of these Shafiites, classical Shafi'ite theologian
'Abd al-Malik al-Juwayni (d. 1085 C.E/ 478 A.H) postulated a new doctrine on the controversy of the existence of
Mujtahids. Juwaynī and his Shāfiʿī colleagues insisted that not only was the disappearance of Mujtahids was possible, but that it had already happened. Juwayni's doctrine was taken by his student
Ghazālī (d. 1111 C.E/ 505 A.H), al-Qaffāl al-Shāshī (d. 1113 C.E/507 A.H) and promoted in the next century by the Shafi'i scholars
Fakhr al-Dīn al-Rāzī (d. 606/1209), Sayf al-Dīn al-Āmidī (d. 631/1233), and Rāfiʿī (d. 623/1226). These scholars asserted the belief that
Mujtahids had already disappeared, and some would claim a consensus on this point. Thereafter, the theory of legal minimalism elucidated by Juwayni in his book
Ghiyāth al-umam fī iltiyāth al zulam, penned for his
Seljuk patron Nizam ul-Mulk, would be popularised. This system listed a set of core principles that implemented legal and procedural minimalism; and attempted the standardisation of Islamic courts and legal framework in the
medieval Muslim World. Most significantly, the influential Islamic theologian Al Ghazzali introduced the notion of closure of
Ijtihad since he viewed numerous people with inadequate knowledge of ''Qur'an
as claiming to be Mujtahids
. Owing to his status as a great scholar, numerous ulema followed his call; even though many continued to dispute it. Intellectuals like Hasan Hanafi argue that Ghazali had tried to preclude the endeavour of Ijtihad'' during his era in order to establish a rigid, stable orthodoxy that could effectively challenge external enemies of Islam like the
Crusaders. According to
C.A Qadir, Ghazzali's efforts had tremendous impact on limiting the scope of
Ijtihad in medieval Islamic orthodxy. However, there is still a vigorous scholarly debate regarding whether Al-Ghazali had himself "closed the gates" or whether he merely continued an established policy of his scholarly predecessors or whether the gate was ever closed. According to James P. Piscatori, the provision for
Ijtihad in Sunni
Fiqh was never "tightly shut" and remained open to some extent. During the 16th century, majority of the clerical classes would claim Ghazzali's doctrine as sacrosanct and inviolable by
Ijma (consensus). Post-classical era, a large part of Shafīʿi scholarship would also shift to a pro-
Taqleed position owing to external influence from
Hanafite-
Malikite
Muqallid camps. Most noteworthy amongst them were
Ibn Hajar al-Haytami (d. 1566). However many still defended
Ijtihad while others who theoretically affirmed the disappearance of
Mujtahids rejected the claim that they did in reality.
Late classical period Until the end of the 14th century, no voice had before actively risen to condemn the claims of
mujtahids to practice
ijtihad within their schools. However, the doctrine of
Taqlid was steadily amassing support amongst the masses. The first incident in which
muqallids openly attacked the claims of
mujtahids occurred in Egypt, during the lifetime of
Suyuti. Suyuti had claimed to practice the highest degree of
Ijtihad within the Shafi'i school. He advocated that Ijtihad is a backbone of
Sharia and believed in the continuous existence of
Mujtahids. Around the 15th century, most Sunni jurists argued that all major matters of religious law had been settled, allowing for
taqlid (تقليد), "the established legal precedents and traditions," to take priority over
ijtihād (اجتهاد). Although the
Ottoman clergy denied
Ijtihad in theory
, throughout the 16th and 17th centuries, the Ottoman Hanafite
ulema had practiced
Ijtihad to solve a number of new legal issues. Various legal rulings were formulated on a number of issues, such as the
Waqf of movables, on drugs, coffee, music, tobacco, etc. However to support the official doctrine of "extinction of
Mujtahids", the Ottoman
ulema denied
Ijtihad even when it was practiced. The increasing prominence of
taqlid had at one point led most Western scholars to believe that the "gate of
ijtihad" was in fact effectively closed around the tenth century. The
Ijtihad camp primarily consisted of Hanbalis and Shafiites, while the Taqlid camp were primarily Hanafites who were supported to a greater or lesser extent by Malikis as well as some Shafi'is.
Ranking of Mujtahids After the 11th century, Sunni legal theory developed systems for ranking jurists according to their qualifications for
ijtihad. One such ranking placed the founders of
maddhabs, who were credited with being "
absolute mujtahids" (
mujtahid muṭlaq) capable of methodological innovation, at the top, and jurists capable only of
taqlīd at the bottom, with
mujtahids and those who combined
ijtihād and
taqlīd given the middle ranks. In the 11th century, jurists required a
mufti (jurisconsult) to be a
mujtahid; by the middle of the 13th century, however, most scholars considered a
muqallid (practitioner of
taqlīd) to be qualified for the role. During that era some jurists began to ponder whether practitioners of
ijtihad continued to exist and the phrase "closing of the gate of
ijtihād" (إغلاق باب الاجتهاد
iġlāq bāb al-ijtihād) appeared after the 16th century. The classical
Hanbali theologian
Taqi al-Din Ibn Taymiyya (d. 1328 C.E/ 728 A.H) was a notable figure who dissented from the prevalent ''Madh'hab
-based ranking standardisations and classifications. Arguing that the practice of Ijtihad'' is allowed for every Muslim, Ibn Taymiyya writes: Legal schools(''mad'habs
) had begun to take shape by the middle of the fourth/tenth century and practice of affiliating to the madhabs began to become popular. Systematic categorisation of Mujtahids
emerged during late fifth/eleventh century into ranks of excellence. By doing so, they sought to facilitate the Ijtihad'' of qualified
Muftis. The earliest known typology of jurists is
Ibn Rushd's (d. 520/1126) tripartite classification of Muftis. In this typology, the top-Mufti was a
Mujtahid (like Ibn Rushd himself) while the latter two ranks weren't, i.e., a
Mujtahid must independently reason on the basis of Scriptures and general principles of the school. On the other hand, Ghazzali distinguished between two ranks of
Mujtahids, the independent(
Mutlaq) and the affiliated(
Muqayyad) in a three-rank classification. In the seventh century, Shafi'i jurist
Ibn al-Salah (d. 643/1245) would elaborate a five rank classification of Muftis. During the 10th/16th century, Ottoman Shaykh al-Islam
Ammad Ibn Kamal (d. 940/1533) articulated a Hanafite typology of jurists with seven ranks. Unlike the previous typologies, the latter classification was promoted by
Taqlid partisans who advocated that
Mujtahids ceased to exist. All these classifications created an archetype of an ideal standard to which all other typologies must conform, i.e., the founders of 4 schools. However, this typological conception of the founder
Mujtahid suffered from chronological ruptures, overlooking in the process the founder's predecessors as well as his immediate intellectual history that formed a continuity. Although the founder imams were accomplished jurists, they were not as absolute and as categorical as they were portrayed to be, starting from the 5th/11th century. Ibn Kamal's seven-rank typology, in particular, would come under scathing criticism by other Hanafites as well, such as
Muhammad Bakhit al-Muti'i (1854 or 1856 — 1935), who was the
Grand Mufti of Al-Azhar. Many Islamic reformers, starting from the 18th century would criticize these classifications altogether, since these classifications assumed every Mufti in terms of leaders and followers, affiliated to the founder imams and succeeding generations who are progressively inferior to knowledge of imams. Faithful to the tenets of Ibn Taymiyya and
Muhammad Ibn 'Abd al-Wahhab (1792 C.E/ 1206 A.H), the Wahhabi movement called for
Ijtihad and opposed
Taqlid. Advocating the Wahhabi stance on
Ijtihad, 'Abd al-Rahman ibn Hasan
Aal-Al Shaykh (1196-1285 A.H / 1782-1868 C.E), influential
Qadi of the
Emirate of Nejd, asserts: The 18th-century
Islamic reformer and top-most
Qadi of Yemen,
Al-Shawkani (1759-1839) totally rejected the theory of classification of
Mujtahids. According to him, there is only one form of
Ijtihad which can be practiced by anybody possessing sufficient knowledge. Shawkani maintains that it is sufficient for a scholar to study one compendium in each of the five disciplines to practice
Ijtihad. According to Shawkani, the
Muqallids who propagate the closure of
Ijtihad and argue that only the four Imams can understand ''Qur'an
and Sunnah'' are guilty of: This view would influence many 19th and 20th century Salafi reform movements. Shah Waliullah Dehlawi was an ardent advocate of
Ijtihad and considered it essential for the vigour of society. Re-inforcing the classical theory, he considered Ijtihad to be
fard kifaya (communal obligation). Condemning the prevalent partisanship over
Taqleed he denounced the
Muqallid camp as the misguided "simpletons of our time". He considered himself as a
Mujtahid of the highest rank affiliated to Hanafi school. In his treatise
Usul al-Sittah (Six Foundations), Ibn 'Abd al-Wahhab harshly rebuked the
Muqallids for raising the description of
Mujtahids to humanely unattainable levels. He also condemned the practice of obligating
Taqleed which deviated people away from Qur'an and Sunnah. In similar terms, Yemeni scholar Shawkani too condemned the practice of rigid
Taqleed. Demonstrating the perpetual existence of Mujtahids in his works, Shawkani also argued that
Ijtihad at later times was far easier due to detailed manuals unavailable for jurists of the past era. Amongst the eighteenth-century reformers, the most radical condemnation of
Taqlid and advocacy of
Ijtihad was championed by the Arabian scholar Muhammad ibn 'Abd al-Wahhab, whose uncompromising reformist efforts often turned violent. Ibn 'Abd al-Wahhab condemned the centuries-long heritage of jurisprudence (
Fiqh) that coalesced into four schools (''mad'habs'') as an innovation. Challenging the authority of religious clerics, and a large portion of the classical scholarship, he proclaimed the necessity of directly returning to Qur'an and hadith, rather than relying on medieval interpretations. According to Ibn 'Abd al-Wahhab, in order to uphold true monotheism (
Tawhid), Muslims should return to the pristine Islam of the early generations (
Salaf), stripped of all human additions and speculations. In his legal treatises such as
Mukhtasar al-Insaf wa al-Sharh al-Kabir, Ibn 'Abd al-Wahhab weighed in legal opinions between different schools, opening the realm to comparative Fiqh thinking and often referring the conclusions of Ibn Taymiyya. This legal approach of drawing inferences directly from Qur'an and Hadith (
istinbat), instead of
taqlid to one of the 4 law schools, as well as his prohibition of
Taqlid, drew sharp condemnation from the
Muqallid camp. In a scathing response, Muhammad Ibn 'Abdul Wahhab accused his detractors of taking "the scholars as lords" and vehemently condemned
taqleed as the biggest principle of the
kuffar (disbelievers), in his treatise ''Masa'il al-Jahiliyya'' (Aspects of the Days of Ignorance) writing : In face of the backlash towards Ibn 'Abd al-Wahhab's uncompromising stance in his rejection of taqlid, advocacy of Ijtihad and radical anti-madhab views, the later Wahhabis became more conciliatory towards traditional four schools of Fiqh.
Abdallah, the son of Ibn 'Abd al-Wahhab also toned down the radical anti-Taqlid stances by stating that they affiliate themselves to the Hanbali school and do not condemn the common people who make taqleed to the four schools of jurisprudence. The earliest substantial Wahhabite treatise on
Ijtihad was written by the scholar Ibn Mu'ammar (d. 1810), a student of Ibn Abd al-Wahhab and a
Qadi of
First Saudi state. In his treatise "
Risalat al-Ijtihad wal Taqlid", Ibn Muammar gave respect to the four traditional Sunni schools of law and distinguished between two ranks of
Mujtahids: independent
Mujtahid and
Mujtahid al-Muqayyid bound to the
Imams. According to Ibn Mu'ammar,
Taqlid is permissible for laymen and scholar without sufficient knowledge, but forbidden for those who can comprehend the bases of the law. Unlike Ibn 'Abd al-Wahhab, Ibn Mu'ammar permitted laypeople to make
Taqleed to trustworthy scholars, with certain reservations. Despite this, he also criticized strict adherence to a
madhab and denounced ''mad'hab
fanaticism as a bid'ah'' (innovation). According to Ibn Mu'ammar, the opinions of Imams should be discarded if they differ from authentic Prophetic traditions. Outlining the conventional Wahhabi legal theory which harmonised the
madhhab system with the practice of Ijtihad, Ibn Mu'ammar writes:"Adopting the [revealed] proof [for a position] without considering the statements of [other]
ulama is the function of the absolute mujtahid... [Laity are] obligated to practice taqlid and to consult those with knowledge.. [But the idea that one must always follow a single school] is a false view which Satan has cast upon many claimants to knowledge. ... [T]hey imagine that study of the proofs is a difficult matter, of which only an absolute mujtahid is capable... [They have even arrived at a claim] that one associated with the school of an imam is obliged to accept that school... even if it differs with the ''
Qur'an and the sunna''. Thus, the imam of the school is to the members of his school as the
Prophet is to his
Community, ... You will [also] find the fanatic adherents of the schools in many matters differing with the explicit positions of their imams, and following the views of the latecomers in their school,.. the books of the predecessors are hardly found among them." Ahmad Ibn Idris Al-Fasi also emphasized on the practice of
ijtihad. His criticism of
Taqleed of the schools of law (
madhhabs) was based on three concerns. First, the need for following the Prophetic traditions. Second, to reduce divisions between the Muslims. He therefore rejected any 'attempt to fill a silence deliberately left by God, and so to abrogate one of His mercies.' Remarkably, all these reformers shared common points of contact in
Hijaz and a network of scholars with a Hijazi-Yemeni centre. Shah Waliullah Dehlawi and
Muhammad Hayat as-Sindi were pupils of Muhammad Ibn Ibrahim Al Kurrani Al Kurdi as well as connected to
Ibrahim Ibn Hasan Al Kurrani Al Kurdi (d. 1690) and AbuI-Baqa' al-Hasan ibn 'Ali al- Ajami (d. 1702). Al-Sanusi is also linked with these scholars via his teacher al-Badr b. 'Amir al-Mi'dani who was a student of Al-Sindi as well as via other independent chains. Al-Shawkani is connected to Ibrahim Al-Kurrani via his teacher Yusuf Ibn Muhammad. However, if a previous Hanafi scholar hasn't found an answer to the issue, then he should employ
Ijtihad to solve the novel issue. According to Ibn Abidin, it is not obligatory to follow a particular ''mad'hab'' as well.
Contemporary debates over Ijtihad On the issue of existence of
Mujtahids and continuity of
Ijtihad, contemporary scholarship are divided into two diametric camps, and a third moderate camp: 1) Those who oppose
Ijtihad: These include the Orientalist scholars who view that "Gates of
Ijtihad are closed". Sufi groups such as
Barelvis,
Deobandis, etc. believe that
Mujtahids have ceased to exist. Some others such as
Said Nursi is not theoretically against
Ijtihad, but advocates postponing
Ijtihad to a later time when Muslims attain sufficient strength. 2) Those who advocate
Ijtihad: These include
Salafi scholars and
Islamic modernists who believe in the existence of
Mujtahids. Salafis argue that
Ijtihad doesn't have a gate, but only pre-requisites. Others who advocate Ijtihad include
Muhammad Iqbal,
Muhammad Asad, etc. Recent scholars in academia such as
Wael Hallaq are also its supporters. 3) Those who take an intermediary position.
Islamic modernism Starting in the middle of the 19th century,
Islamic modernists such as Sir
Sayyid Ahmed Khan,
Jamal al-din Al-Afghani, and
Muhammad Abduh emerged seeking to revitalize Islam by re-establish and reform
Islamic law and its interpretations to accommodate Islam with modern society. They emphasized the use of
ijtihad, but in contrast to its original use, they sought to "apply contemporary intellectual methods" such as academic or scientific thought "to the task of reforming Islam".
Ahl-i-Hadith revivalist movement of
Indian subcontinent highly influenced by the thoughts of Shah Waliullah Dehlawi, Shawkani and
Syed Ahmed Barelvi, fully condemn
taqlid and advocate for
ijtihad based on scriptures. Founded in mid-19th century in Bhopal, it places great emphasis on hadith studies and condemns imitation to the canonical law schools. They identify with the early school of
Ahl al-Hadith. During the late 19th century,
Najdi scholars would establish contacts with Ahl-i-Hadith and many Najdi students would study under the scholars of Ahl-i-Hadith, amongst them prominent scholars. The
Muslim Brotherhood traces its founding philosophies to al-Afghani's
ijtihad. The Muslim Brotherhood holds that the practice of
ijtihad will strengthen the faith of believers by compelling them to better familiarize themselves with the
Quran and come to their own conclusions about its teachings. But as a political group the
Muslim Brotherhood faces a major paradox between
ijtihad as a religious matter and as a political one.
Ijtihad weakens political unity and promotes pluralism (which is also why many oppressive regimes reject
ijtihads legitimacy). The Iranian Ayatollah
Ruhollah Khomeini envisioned a prominent role for
ijtihad in his political theory of "
guardianship of the jurist" (
vilāyat-e faqīh).
Osama bin Laden supported
ijtihad. He criticized the
Saudi regime for disallowing the "free believer" and imposing harsh restrictions on successful practice of
Islam. Thus, Bin Laden believed his striving for the implementation of
ijtihad was his "duty" (
takleef). ==Qualifications of a mujtahid==