Ijtihad

Ijtihad literally means ‘to exert’. In the Islamic terminology it means to exert with a view to form
an independent judgement on a legal question. It has its origin in the well-known verse of the
Qur’an ‘And to those who exert we show our path.’

While defining Ijtihad Shatibi writes, “A process in which one exerts one’s efforts to one’s full
capacity in order to acquire exact or probable knowledge or reach judgement in a given case.”

Ijtihad and Holy Prophet (Pbuh)

The Prophet Muhammad (Pbuh), while sending Ma’ad Ibn Jabal to Yemen as its governor, is
reported to have asked him as to how he would decide matters coming up before him. ‘I will
judge matters according to the Book of Allah,’ said Ma’ad. But if the book of Allah contains
nothing to guide you’ then I will act on the precedents of the Prophet of Allah. But if the
precedent fails? “Then I will exert to form my own judgement”. The Prophet (Pbuh) approved
his answers.

The Qur’anic verse ‘their affairs are (conducted) by mutual counsel’, was applied to its fullest
extent by the Prophet (Pbuh) in his private and public life and was fully acted upon by the
Caliphs.

Why did the necessity of Ijtihad arise?

During the life of the Prophet, he got the divine message from God, and his life itself is an
attempt to concretely apply what the text means. It is of course in a metaphorical sense. There
was not much gap between the message and the meaning. When he died the question as to the
meaning of texts arose. Each human being see things differently, so differences get resolved
through discourse. Al-Iftilah or divergence of opinion occurs among scholars. If there was only
one interpretation, there would result a dictatorship, Dogmatism, monism. So divergence is a
mercy from God. It gives room for human beings to interpret the Quran and adapt, and apply to
different situations, various problems, and questions as they come up.

Ijtihad is an intellectual endeavor to seek the solutions of day to day matters. Ijtihad has been
much emphasized in Islam. It is a rational and analytical approach, based on the Quran and on
the teachings of the Sunnah, for interpreting religious matters. Time and again the Quran says
that its verses are for thinkers. It stresses the exercise of the rational mind. In Sura The Heifer the
Quran says: “Do not treat Allah’s signs as a jest, but solemnly rehearse Allah’s favors to you,
and the fact that He sent down to you the Book and wisdom, for your instruction.” (2:231).This
verse shows that Book and wisdom are prerequisites to keep society on track and a progressive
and right path. God has put our brain in our skull not in our ankle. The place of the brain at the
top of the human body signifies the value and importance of the mind. The Book has laid down
the foundations, but we have to be wise in taking steps to build our lives upon it through the
course of time.
Definition of a Mujtahid?

The work of the interpreter of the text is to ascertain the authenticity of the source(s) and then

1. discover the laws through the interpretation of the sources;

2. extend the laws to new cases that may be similar to the cases mentioned in the sources for
which the laws cannot be discovered through literal interpretation (this is called the method of
analogy, or qiyas); and

3. extend the laws to new cases that have not been covered by the previous two methods by
looking at the general principles and objectives of the sharia (this method is known as istihsan or
istislah—general interests of the community).

Qualifications of a Mujtahid:

The basic role of the mujtahid is to explain and articulate the law of God in a particular situation.
The mujtahid takes on the considerable responsibility of explaining the will of God to individuals
and communities.

The qualifications for a mujtahid were set out by Abu’l Husayn al-Basri in “al Mu’tamad fi Usul
al-Fiqh” and accepted by later Sunni scholars, including al-Ghazali. These qualifications can be
summed up as (i) an understanding of the objectives of the sharia and (ii) a knowledge of its
sources and methods of deduction. They include

1. a competence in the Arabic language which allows him to have a correct understanding
of the Qur’an . That is, he must appreciate the subtleties of the language so as to be able to draw
accurate deductions from the “clear and un-crooked Arabic” of this infallible source, and that of
the sunnah.

2. an adequate knowledge of the Meccan and Medinese contents of the Qu'ran, the events
surrounding their revelation and the incidences of abrogation (suspending or repealing a ruling)
revealed therein. He must be fully acquainted with its legal contents (the ayat al-ahkam) - some
500 verses, according to al-Ghazali. He need not have a detailed knowledge the narratives and
parables, nor of the sections relating to the hereafter, but he must be able to use these to infer a
legal rule. He needs to acquainted with all the classical commentaries on the ayat al-ahkam,
especially the views of the Companions of the Prophet .

3. an adequate knowledge of the sunnah, especially those related to his specialisation. He

needs to know the relative reliability of the narrators of the hadith, and be able to distinguish
between the reliable from the weak. He needs to have a thorough knowledge of incidences of
abrogation, distinguish between the general and specific, the absolute and the qualified. One
estimate (by Ahmad ibn Hanbal) suggests that 1,200 hadith need to be known.

4. he should be able to verifiy the consensus ijma of the Companions of the Prophet, the
successors and the leading imams and mujtahidim of the past, especially with regard to his
specialisation. Complementary to this, he should be familiar with the issues on which there is no
consensus.

5. he should have a thorough knowledge of the the rules and procedures for reasoning by
analogy (qiyas) so he can apply revealed law to an unprecedented case.

6. he should understand the revealed purposes of sharia, which relate to "considerations of

public interest", including the Five Pillars protection of "life, religion, intellect, lineage" and
property. He should also understand the general maxims for the interpretation of sharia, which
include the "removal of hardship", that "certainty must prevail over doubt", and the
achievement of a balance between unnecessary rigidity and too free an interpretation.

7. he must practice what he preaches, that is he must be an upright person whose

judgement people can trust.

Some Islamic traditions consider that these high conditions cannot be met by anyone nowadays,
while for others - especially the Shi’ite tradition - they are met in every generation.

Ranks of Mujtahids and categories of Ijtihad

Study shows that by eleventh and twelfth century Sunni legal practice had evolved to the point
at which jurists were ranked according to their ability to practice Ijtihad. To make the matter
simple we may say that both the Mujtahid and their Ijtihad are of three kinds.

1. Mujtahid mutlaq: This category is also known as Ijtihad fi'sh-Shar, absolute independence in
legislation.18 The first four caliphs are considered to be in this category but it is principally the
great masters of the four schools who are recognised as the Mujtahidun Mutlaq.19 They are
known as such because of their laying down a methodology of the law and deriving from it
doctrines that were to dominate their respective schools. Of course, the founders of these
schools were not the only workers in this field. There were others like the Zaahiri school who
held their own legal opinions and were not dependent on anyone. Apparently, the last person to
have been an independent Mujtahid with his own independent approach in legal issues was the
well-known historian and exegete Muhammad ibn Jarir al-Tabari (d. 922), who although famous
for his work on history, is considered by some a Mujtahid of the first rank.

2. Mujtahid muntasib: A jurist who operates within each school following its methodology but
producing new solutions for new legal cases. Such a jurist is also known as Mujtahid fi al-
madhab. The work of a Mujtahid in this category is known as Ijtihad fil Madhab. Such a Mujtahid
who is attached to one of the well-known schools and follows its juristic approach, may
formulate his own independent legal opinions which may be different from the legal opinions of
the founder. This degree has been granted to the immediate disciples of the great Imams who
elaborated the systems of their Imams and added their own opinions. The most famous of these,
for example in Hanafi fiqh, are the two disciples of Abu Hanifah, Abu Yusuf and Muhammad Ibn
al-Hassan. In secondary matters their opinion carries great weight. "It is laid down as a rule that
a Mufti may follow the unanimous opinion of these two even when it goes against that of Abu
Hanifah."20 Others that one may add to this class are: Imam al-Haramayn al-Juwaym, Abu
Hamid al-Ghazali21 and Ibn al-Sabbagh.

3. Mujtahid muqallid:22 A jurist who merely follows the rulings arrived at by the mujtahids
previously. However in issues in which he does not find an opinion of the founder, he exercises
his own Ijtihad and issues a judgement. Such a Mujtahid must have a perfect knowledge of all
the branches of jurisprudence according to the four schools and of the rulings that followed. His
decision must always be in uniformity with the Mujtahadun of first and second classes and with
the principles which guided them. Such an Ijtihad within the framework of the juristic and legal
positions of a school is known as Ijtihad al-fatwa.

Between the ranks of Mujtahids and muqallids there are other levels of jurists who have
combined Ijtihad with taqlid and while it is acknowledged that the absolute Mujtahid is
something that cannot be attained now, other levels are probably attainable.23 Countless jurists
from the tenth century to the early nineteenth century have been considered to have attained
the rank of Mujtahid within their own schools. In later years all that the highest in rank have
done is to explain obscure passages in the writings of the older jurists. If they found several
conflicting opinions on any point, they selected one opinion on which to base their own opinion.
Many of these have written commentaries on the legal systems without originating anything
new. The author of the Al-Hidayah, who lived at the end of the sixth century is one example of a
Mujtahid Muqallid.

How Might Ijtihad Be Revived?

One of the gravest mistakes Muslims have committed, according to Qazwini, is closing the doors
of ijtihad. They have limited legal interpretation to only four prominent scholars: Malik Ibn Anas,
Abu Hanifa al-No'man, Muhammad Ibn Idris al-Shafi'i, and Ahmad Ibn Hambal—the heads of
the Maliki, Hanafi, Shafi'i, and Hambali schools of thought. The motivation for this was political.
During the Abbasid Dynasty (750–1258 CE), the Abbasids decided to outlaw all other sects in
order to strictly control religion and worship, as well as political matters.

Closing the doors of ijtihad has had extremely detrimental ramifications for the Muslim world.
According to Qazwini, this decision has resulted in chronic intellectual stagnation, as thousands
of potential mujtahids and scholars have been prohibited from offering workable solutions to
newly emerging problems. Muslim thinkers have become captive to rules that were made long
ago, leaving little scope for liberal or innovative thought.
Governments in Muslim countries today, many of which are corrupt, greatly benefit from the
absence of ijtihad. Moreover, these governments help keep the doors of ijtihad closed in order
to control the religious establishment. Since religious bodies in Muslim countries rely on
government financing, this makes them captive to government policies. The domination of the
religious establishments by secular governments has been so powerful that it has often made
religious authorities look inept. The first step toward opening the door of ijtihad, according to
Qazwini, should be the liberation of religious establishments from the influence of political
regimes. Religious authorities should dissociate themselves from political regimes so that they
can independently issue and interpret religious law.

There cannot be true ijtihad, Siddiqi pointed out, unless scholars are free to express their
opinions and other scholars are free to criticize them if they make errors. Freedom of expression
is inherent in the concept and practice of ijtihad. This means that the democratization of Muslim
societies and basic freedom for scholars is sine qua non for this process to work.

Reforming Muslim educational systems is also essential, including revising the curricula of
religious schools and seminaries. Instead of learning about only a single school of interpretation,
which is common practice, students should be exposed to all such schools. Instead of studying
only the rulings and interpretations of the schools, students should also learn about the
evidence used to arrive at these interpretations, as well as other methods of interpretation.
Students should also study comparative religion, modern logic, philosophy, psychology, and
history, as well as economics and political theory as background for improved interpretation.
Islamic schools and seminaries should also pay more attention to the great Islamic literature on
the objectives of sharia.

Siddiqi also asserted that ijtihad should be a collective endeavor. There are currently several
national and international fiqh councils (councils of jurisprudence and interpretation of sharia),
but they need to be better organized and they should work together collaboratively. Sharia
experts, both men and women, should be members of these councils. Membership should not
be limited to sharia scholars; experts from the fields of medicine, astronomy, economics, social
and political sciences, and law should also be included as consultants and advisers. Even non-
Muslim scholars who are sympathetic and objective should be invited to contribute. These
councils should not only issue rulings but also provide the evidence and methodologies behind
their rulings. They should also strive to build consensus as much as possible.

As Masmoudi pointed out, all four panelists mentioned the lack of freedom and democracy as
serious impediments to ijtihad. Without freedom and democracy, which are sharply limited in
the Muslim world and particularly in Arab countries, ijtihad cannot be performed. Democracy is
the key to opening up ijtihad, and ijtihad is the key to solving the principal problems confronting
the Muslim world today.

What Issues Should Be Subjected to Ijtihad?

Many issues facing Muslims today require ijtihad, and urgent attention can be listed below as:
The role of women. The role of women in Islam needs to be reviewed by carefully examining the
original texts.

Sunnis and Shiites. The gap in doctrine between various Islamic madhahib (schools and sectarian
positions) should be narrowed.

The spirit of globalization. Using modern ijtihad, Muslims should reinterpret the classical
division of the world into darul Islam (the world of Islam) and darul Harb (the world of non-
Muslims). Emphasis should be placed on a one-world view and responsible citizenship in our
global village. Ijtihad should also be used to foster better relations between people of diverse
faiths and cultures by promoting dialogue among various groups rather than encouraging the
notion of a clash of cultures and civilizations.

Economics. There is a need to radically rethink Islamic economic theories, in the process
incorporating elements of modern economic theories. Why is the Muslim world impoverished
and how can this be changed? What kind of collaboration is possible between Muslims and
world economic bodies without compromising authentic Islamic values and principles of justice,
equity, and fairness?

Unity among Muslim states. Islamic political thinking and statecraft should also be reviewed.
How can Muslim states be brought together to collaborate more closely, and what new
structures are needed to promote unity among Muslim states? Ethical and moral standards of
the Islamic state need to be examined, as does the promotion of individual freedom, especially
that of religious minorities.

Muslims in non-Muslim countries. Ijtihad should be used to guide the almost one-third of the
umma (the worldwide Muslim community) that is living as minorities in non-Muslim countries.
What Islamic rules and guidelines should these Muslims follow to be good citizens of their native
or adopted land? How can they become active and responsible participants in the life of these
countries while not neglecting their Islamic beliefs and values?

Other major obstacles facing Muslims and the practice of ijtihad today include prejudice,
intellectual stagnation, political dictatorship, rejection of others, lack of democracy and freedom,
factionalism, and extremism. Regrettably, these illnesses pervasive in Muslim societies are
worsening, reaching a point where they may spiral out of control.

some articles related to ijtihad

Finding the causes for the decline and fall of the Muslim Ummah has become a life long pursuit
for me. One of the most important causes of Muslims deterioration is the low literacy rate. Even
the Islamic faith's fundamental requirement of knowledge of the Qur'an and the Sunnah is
marginal. They lack knowledge of even the simple and basic laws of Islam. Those who have read
books of collections of Ahadith and have devotedly and extensively studied the Qur'an are
ignorant of the many fundamental Aqaid(canons) of Islam including Fiqh. The term Fiqh means
knowledge of all the laws of Islam(Shari'ah). Shariah is synonym for Fiqh. It is necessary for
Muslims to understand there are four basic sources for the Sharia, viz: (1) Qur'an (2) Sunnah (3)
Ijma(consensus) and (4)Qiyas(analogical deduction). These laws cover every action performed by
an individual or society.

Today we live in a highly complex and technologically advanced world as a result we are facing
very complex problems- to give some examples such as genetic engineering, permissibility eating
of genetically altered cattle or vegetables /fruits, gene therapy, in vitro fertilization, organ
transplants, space travel(in the near future), etc., Problems of this nature cannot be solved by
the Shariah.

To solve problems like these, Prophet Muhammad (SAS) himself introduced the fifth component
(if I would say so) of the Shariah called Ijtihad which is individual intellectual effort. One who
performs Ijtihad is a Mujtahid. The word Ijtihad is derived from the Arabic root word of jihad.
Ijtihad was once an important force in the articulation and interpretation of Shariah. Some of the
greatest minds in the history of Islamic jurisprudence used Ijtihad during the first centuries of
Hijra. With time for reasons given below, Ijtihad faltered and was replaced by the doctrine of
taqlid or blind imitation. Taqlid not only discouraged individual interpretation but also prohibited
it. Some Muslim scholars throughout the ages have been protesting the prohibition of Ijtihad as
it violates the original spirit and intention of Islam. Muslims all over the world are fond of saying
that Islam is applicable to all places and in all times. How can this be achieved without Ijtehad?

In order to perform Ijtihad, a Muslim man or woman should be thoroughly familiar with the
sciences of Qur'an and the Sunnah, comprehend the wider purposes of the Sharia and
understand Arabic correctly. On complicated and complex issues of law, Ijtihad should be
purviewed by trained scholars. Any Muslim or Muslima with some knowledge of religion can
perform Ijtihad on certain matters, particularly those of personal concern. For example Muslims
have been practicing Ijtihad routinely in determining the direction of Qibla or to ascertain the
times of prayer by the position of the sun. The Hanbali scholar, Imam Ibn Taymiyah(1263-1328
CE) wrote that " a Muslim can perform Ijtihad for himself or herself on certain questions, it is
permitted, because Ijtihad is not an absolute-the pivotal point is ability or the lack thereof. Thus
a person might be able to perform Ijtihad on certain questions and not others." Taqlid (blind
imitation) is based on an absence of intellectual activity on the part of the believer, and early
Muslims held that it was permissible only if one was incapable of understanding due to a lack of
mental ability or faculties. Dr. Taha J. al-Alwani of IIIT (International Institute of Islamic Thought)
argues that" both the Prophet (SAS) and the Qur'an rejected taqlid, the Sahabas (companions of
the Prophet) and many others considered it an evil and also rejected it." He further quotes one
of the successors to the companions as saying, "There is no difference between an animal that is
led and a person who makes taqlid." By the end of 4th century Hijra taqlid became the rule
rather than the exception in Shariah, in spite of the early contempt for taqlid and judgments
against its permissibility. Ultimately a majority of the medireview.

Muslim scholars (ulama) declared the door of Ijtihad to be closed and ruled that all future
Muslims must practice taqlid. Why did they do this? Because after 400 years they thought all
conceivable questions and situations had been explored and resolved by the ulama, obviating
the need for new judgments. Some historians say that the door of Ijtihad was closed because
Muslim Ummah was under attack from external forces such as the Crusades and Mongol
invasion and sacking of Baghdad on June 6, 1258 CE (seventh century Hijra). However taqlid was
adopted one hundred before Crusades and 300 years before the devastation by the Mongol
hordes who were still in the far Asian steppes. The real reason there was a serious split between
different schools of law and theology among individual jurists and imposition of taqlid was the
best way to resolve, but at a tremendous cost. Secondly the jurists such as Imam Abu Hanifa,
Imam Malik wanted to preserve their intellectual and juristic independence and did not want to
rule in accordance with the wishes of the caliphs. As time passed the pressure from the rulers
increased, until the ulama declared the Shariah complete to provide an excuse in the face of an
angry ruler. On the one hand the ulama preserved the Shariah from dissolute and corrupt
Muslim rulers, but on the other they ensured that the Shariah would remain static and therefore
stagnant. As a result we are living in a state of withered intellectual activity, starved for fresh
ideas and insights.

In the past a number of scholars have claimed the right to Ijtihad. Eminent scholars like Ibn
Taymiyah, al-Suyuti, Muhammad ibn Abdal-Wahhab, al-Sanusi,Muhammad Abduh of Egypt,
Allama Iqbal of the Indian subcontinent and Ben Badis of Algeria (1889-1940) called for the
reactivation of Ijtihad to rouse the Muslim world from its intellectual lethargy and recreate the
vigor and elan of the early Muslim community. Today this calls for Ijtihad continues louder and
more insistent. Modern scholars are demanding the systematic reinterpretation of the Islamic
tradition using the Qur'an and the Hadith as a foundation. In the face of new technologies, new
philosophies and new challenges, Muslim thinkers are demanding the right to individual
interpretation. Allama Muhammad Iqbal in his famous book "The Reconstruction of Religious
Thought in Islam" (p.178, Ashraf, Lahore, 1988) declares, "The closing of the door of Ijtihad is
pure fiction suggested partly by the crystallization of legal thought in Islam, and partly by the
intellectual laziness which, especially in the period of spiritual decay, turns great thinkers into
idols. If some of the later doctors have upheld this fiction, modern Islam is not bound by this
voluntary surrender of intellectual independence." A modern scholar said taqlid is a renunciation
of "critical faith", while Ijtihad is the key to "the Islam of those who understand." Today's
Muslims must be critical in their beliefs and in their actions, and have freedom to question,
discuss and debate issues that are of personal and collective importance. Only through the
exchange of ideas (through Ijtihad) it will be possible to safeguard the Muslim world from
deterioration and empty westernization. Reinterpretation for 21st Century!

Muslims all over the world believe that the Qur'an is the literal word of God as revealed to
Prophet Muhammad through the Angel Gabriel at the beginning of the seventh century. The
Qur'an was revealed over the course of twenty-three years. Most of its verses came in response
to and as guidance for emerging situations or conditions faced by the Prophet and his
community of believers. Because any verse, when taken out of context, could be misunderstood
or misapplied, a science known as asbab an-nouzoul ("the causes for the revelation") was
developed to understand the specific reasons for and conditions related to any particular verse,
thus enabling interpreters to better determine its meaning.

While there has been no disagreement among Muslims that the Qur'an is the literal word of
God, there has been and continues to be substantial disagreement about the meanings of
certain verses and their application to different situations. That is why, following the death of
Prophet Muhammad in 632 CE and for at least the first eight or nine centuries of Islam, there
were a wide variety of opinions and schools of thought on almost every issue and question.
Another science known as ijtihad (or reasoning and interpretation) was developed by Muslim
scholars in order to understand and apply the message of the Qur'an to varying societal needs
and conditions.

Sharia (Islamic law) is also subject to interpretation and to the ever-changing needs of society. Its
guiding principles were designed to protect the individual and the society, but it was not
established as a set of fixed rules. To respond to the changing needs of Muslim societies, Muslim
jurists and scholars have relied on the well-established process of innovation, ijtihad. This
process is based not only on the Qur'an and religious tradition (sunna), but also on reason,
deduction, and prioritization.

The following examples illustrate the use of ijtihad. Fifteen years after the death of Prophet
Muhammad, Caliph Omar ibn-al-Khattab stopped cutting off the hands of thieves because most
of them were stealing out of necessity due to hunger, poverty, and drought. While this
contradicted a verse from the Qur'an, he justified his decision by stating that the principles of
justice and fairness were supreme. Similarly, in 2000, councils of Muslim ulamas (scholars) in
Europe and the United States decreed that it was permissible for Muslims residing in the West to
buy houses with mortgages and to pay interest on these loans. This contradicted a Qur'anic
teaching against charging and paying interest, but respected Muslim scholars justified the ruling,
arguing that such permission was necessary for Muslims to meet their financial and social needs
in the West. Another example is a case in which Imam Muhammad Ibn Idris al-Shafi'i, one of the
founders of Islamic jurisprudence, gave a certain legal opinion in Baghdad. One year later he
moved to Cairo, and in response to the same question he gave a very different opinion. Someone
questioned him, "Oh Imam, last year in Baghdad you gave a different answer," and he replied,
"That was in Baghdad and this is in Cairo. That was last year and this is now." When employing
ijtihad, scholars considered the time, place, norms, and prevailing conditions when they
rendered their religious advice and opinions.

The process of ijtihad has enabled Muslims to be flexible and to learn from other cultures and
civilizations. Islam teaches that no one owns the truth and that the true believer is always in
search of the truth and wisdom; wherever he finds them, he follows. This ongoing search for
truth and for the overarching Islamic principle of justice has led Muslims and Muslim scholars to
respect one another's opinions, making them willing to change their own opinions if proven
wrong. Muslim religious scholars used to say, "This is my opinion and I could be wrong. And this
is someone else's opinion and they could be right." No one had a monopoly on the truth.

Until about 1500 CE, this process allowed Muslims and Muslim societies to continually adapt in
the face of changing societal conditions and new advances in knowledge. Unfortunately, as
Muslim civilization began to weaken about four or five centuries ago in the face of Western
advances, Muslims began to adopt a more conservative stance in an attempt to preserve
traditional values and institutions. As a result, many scholars became inclined to view innovation
and adaptation negatively.

This was the beginning of the decline of Muslim civilization. Since then, Islamic law has become
increasingly detached from reality and modernity. Old interpretations no longer provide suitable
answers to the difficult questions facing the Muslim world.

Many Muslims believe that they must choose between Islam and modernity, or Islam and
democracy. This is a false choice. When faced with this decision, most Muslims would choose
Islam and reject anything that they regarded as alien or contrary to the principles of their faith.
For this reason there is a crisis in the Muslim world today. There is no way out of this
predicament without renewing the concept of ijtihad and using the process to develop modern
interpretations of Islamic principles compatible with both the word of God and the situations,
ideas, and values that have emerged over the past several centuries.

One of the gravest mistakes Muslims have committed is closing the doors of ijtihad. They have
limited legal interpretation to only four prominent scholars: Malik Ibn Anas, Abu Hanifa al-
No'man, Muhammad Ibn Idris al-Shafi'i, and Ahmad Ibn Hambal—the heads of the Maliki,
Hanafi, Shafi'i, and Hambali schools of thought. The motivation for this was political. During the
Abbasid Dynasty (750–1258 CE), the Abbasids decided to outlaw all other sects in order to
strictly control religion and worship, as well as political matters.

Closing the doors of ijtihad has had extremely detrimental ramifications for the Muslim world.
This decision has resulted in chronic intellectual stagnation, as thousands of potential mujtahids
and scholars have been prohibited from offering workable solutions to newly emerging
problems. Muslim thinkers have become captive to rules that were made long ago, leaving little
scope for liberal or innovative thought.

Governments in Muslim countries today, many of which are corrupt, greatly benefit from the
absence of ijtihad. Moreover, these governments help keep the doors of ijtihad closed in order
to control the religious establishment. Since religious bodies in Muslim countries rely on
government financing, this makes them captive to government policies. The domination of the
religious establishments by secular governments has been so powerful that it has often made
religious authorities look inept. The first step toward opening the door of ijtihad.should be the
liberation of religious establishments from the influence of political regimes. Religious
authorities should dissociate themselves from political regimes so that they can independently
issue and interpret religious law.

There cannot be true ijtihad, unless scholars are free to express their opinions and other scholars
are free to criticize them if they make errors. Freedom of expression is inherent in the concept
and practice of ijtihad. This means that the democratization of Muslim societies and basic
freedom for scholars is sine qua non for this process to work.

Reforming Muslim educational systems is also essential, including revising the curricula of
religious schools and seminaries. Instead of learning about only a single school of interpretation,
which is common practice, students should be exposed to all such schools. Instead of studying
only the rulings and interpretations of the schools, students should also learn about the
evidence used to arrive at these interpretations, as well as other methods of interpretation.
Students should also study comparative religion, modern logic, philosophy, psychology, and
history, as well as economics and political theory as background for improved interpretation.
Islamic schools and seminaries should also pay more attention to the great Islamic literature on
the objectives of sharia.

Ijtihad should be a collective endeavor. There are currently several national and international
fiqh councils (councils of jurisprudence and interpretation of sharia), but they need to be better
organized and they should work together collaboratively. Sharia experts, both men and women,
should be members of these councils. Membership should not be limited to sharia scholars;
experts from the fields of medicine, astronomy, economics, social and political sciences, and law
should also be included as consultants and advisers. Even non-Muslim scholars who are
sympathetic and objective should be invited to contribute. These councils should not only issue
rulings but also provide the evidence and methodologies behind their rulings. They should also
strive to build consensus as much as possible.

One of the principal reasons for the failure of Muslims to reconcile Islam and modernity is that
the process of ijtihad was closed several centuries ago. However, the sacred texts of Islam need
to be interpreted in the light of contemporary realities and modern knowledge. For ijtihad to be
performed successfully in a society, democracy and freedom of expression must prevail. While
scholars of Islamic law clearly have very important roles to play in the revived practice of ijtihad,
they should not have exclusive responsibility over this practice. Faithfulness to the text needs to
be combined with creative imagination to produce the most enlightened reinterpretations,
suitable for the twenty-first century. Muslim scholars and leaders in the United States and other
Western societies have particular opportunities as well as a responsibility to lead a revival of
ijtihad. Muslim scholars in the West have the freedom to think creatively while still being faithful
to the texts, and their new interpretations could stimulate new thinking among the more
traditional religious establishments in Muslim countries.