Treatment of Ijtihad by Different Muslim Political Philosophers
Introduction
Muadh bin Jabal was appointed by Prophet Muhammad (SAS) to go to Yemen. Before leaving, he was asked how he would judge when the occasion of deciding a case arose.
Ma’adh said, according to the Quran. The Prophet thereupon asked what he would do if he did not find the solution to the problem in the Quran, to which Ma’adh said he would govern according to the Sunnah. But when the Prophet asked if he could not find it in the Sunnah also, Ma’adh said “ana ajtahidu” (I will exert myself to find the solution). The Prophet thereupon patted his back and told him he was right.
from Sunan Abu Dawud, Book 24
The word “Ijtihad” derives from the Arabic word jahada, meaning ‘struggle’. In its literal meaning, the word refers to effort, physical or mental, expended in a particular activity. In its technical sense, ijtihad can be defined as a “process of legal reasoning and hermeneutics through which the jurist-mujtahid derives or rationalizes law on the basis of the Quran and the Sunna”. Hallaq, Wael (2005). The Origins and Evolution of Islamic Law
Contrasted with taqleed meaning imitation and conformity to legal precedent, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence. However, Ijtihad cannot be employed where authentic and authoritative texts (Quran and Hadith) are considered unambiguous with regard to the question or where there is an existing scholarly consensus, Ijma.
It is generally stated that the practice of ijtihad continued both theoretically and practically among Sunni Muslims until the end of the 5th Hijri century. Afterwards, the famous controversy among Muslim jurists and political philosophers about whether Ijtihad was permissible started. By the 14th century AH, Sunni jurists concluded that the main legal questions had been addressed and the scope of ijtihad had been gradually restricted, the so-called “closing of the gate of ijtihad” concept.
However, recent scholarship has established that the practice of Ijtihad never ceased in Islamic history; it remained a key aspect of Islamic jurisprudence throughout the centuries. Ijtihad was practiced throughout the Early Modern Period, and claims for ijtihad and its superiority over taqlid were voiced unremittingly. This is evident even from a cursory reading of the debates in Muslim political philosophy, which often debate the balance between independent reasoning (ijtihad) and blind imitation (taqleed) when interpreting and applying Islamic law. This tension between ijtihad and taqleed has implications for governance and legal systems.
While a few Muslim political scholars have advocated for a more conservative approach, emphasizing taqleed and strict adherence to traditional interpretations, the majority of them have emphasized the importance of ijtihad and adapting Islamic jurisprudence to the changing needs of society.
Here are a few historical examples of these debates:
Al-Farabi (c. 872–950 CE): Known as Alpharabiusc in Europe and as “The Second Teacher” after Aristotle in the Islamic World, Al-Farabi, a philosopher and political thinker, contributed to the debate on ijtihad and taqleed by emphasizing the role of reason (aql) in understanding and interpreting Islamic law. He believed that reason should guide the interpretation of religious texts, allowing for adaptation to changing circumstances. In his work “The Book of Religion,” Al-Farabi argued that reason should be used to understand the underlying principles of Islamic law, and these principles should guide legal rulings. He advocated a more rational and philosophical approach to ijtihad while acknowledging the value of taqleed within established legal traditions.
Al-Ghazali (1058–1111 CE): Al-Ghazali, a renowned Islamic theologian and philosopher, is known for his advocacy of a balance between ijtihad and taqleed. He argued that while ijtehad is essential for addressing new and unprecedented issues, it should be carried out by qualified scholars well-versed in Islamic jurisprudence. At the same time, he recognized the importance of taqleed for the general population, as not everyone possesses the necessary expertise for independent reasoning. Al-Ghazali’s work, “The Revival of Religious Sciences,” emphasizes the role of qualified scholars in engaging in ijtihad to address contemporary challenges while emphasizing the importance of following established legal schools (taqleed) for the general Muslim population to maintain religious unity.
Ibn Rushd (Averroes) (1126–1198 CE): Ibn Rushd, a renowned Andalusian philosopher and jurist, was a proponent of the compatibility of reason and religion. He believed that reason could be employed in the interpretation of Islamic law to ensure its coherence with rational principles. Ibn Rushd’s extensive commentaries on the works of Aristotle and his commentaries on the writings of Ibn Sina (Avicenna) demonstrate his commitment to integrating reason and philosophy with Islamic jurisprudence. He argued that ijtihad should incorporate rational methods to arrive at legal rulings that align with both religious and philosophical principles.
Ibn Taymiyyah (1263–1328 CE): Ibn Taymiyyah was a controversial figure who advocated a more conservative approach to Islamic jurisprudence. He critiqued what he saw as excessive taqleed and called for a return to the Quran and Hadith (Prophet Muhammad’s sayings and actions) as primary sources of Islamic law. He believed that ijtihad should be based on a direct interpretation of these sources, without undue reliance on the opinions of past scholars. In his book “Ijtehad al-Sahaba,” Ibn Taymiyyah argued for the importance of referring directly to the Quran and Hadith, advocating a more purist approach to ijtehad, which he believed was necessary to uphold authentic Islamic teachings.
Ibn Khaldun (1332–1406 CE): Ibn Khaldun, a renowned historian, philosopher, and scholar, discussed the role of ijtihad and taqleed in his influential work, “The Muqaddimah.” He emphasized the importance of rational and empirical methods in understanding society and history. While acknowledging the value of taqleed, he argued that ijtihad should be a continuous process to adapt to changing social and political contexts.
Shah Waliullah al-Dihlawi (1703–1762 CE): This Indian Islamic scholar and reformer advocated a balanced approach to ijtihad and taqleed. He emphasized the need for qualified scholars to engage in ijtihad to address contemporary issues while still adhering to established legal schools (taqleed) in matters of jurisprudence.
Allama Muhammad Iqbal (1876–1938 CE). A prominent philosopher, poet, and scholar of the 20th century, Allama Iqbal had a nuanced perspective on the subject of ijtihad in Islamic thought. While he greatly admired the contributions of Imam Al-Ghazali (Al-Ghazali) to Islamic philosophy and spirituality, he did offer some critical observations about Ghazali’s views on ijtihad.
Allama Iqbal emphasized the importance of ijtihad as a dynamic and creative process within Islamic jurisprudence. He believed that ijtihad should not be limited to a mere imitation of past legal rulings but should evolve to address contemporary challenges and adapt to changing circumstances. Iqbal viewed ijtihad as a means of revitalizing the Islamic legal tradition to ensure its relevance in the modern world.
He argued that Muslims should engage in ijtihad guided by the spirit of ijtihad (independent reasoning) rather than being bound by rigid interpretations. This approach, according to Iqbal, would enable Islamic law to remain flexible and adaptable, catering to the needs of contemporary society while remaining faithful to its foundational principles.
Allama Iqbal admired Imam Al-Ghazali’s contributions to Islamic thought, particularly his works on Sufism and theology. However, he did offer some critical observations regarding Ghazali’s views on ijtihad, particularly in the context of his famous book, “The Incoherence of the Philosophers” (Tahafut al-Falasifah).
Iqbal believed that Ghazali’s critique of Greek philosophy in “The Incoherence of the Philosophers” was important for its time but should not be used as a permanent barrier to the engagement of reason and philosophy in Islamic thought. Ghazali’s critique, according to Iqbal, was a response to the challenges of his era, but it should not stifle intellectual inquiry and philosophical exploration within the Muslim world.
Sayyid Qutb (1906–1966 CE): Sayyid Qutb, an Egyptian Islamist thinker, had a significant impact on modern Islamic political thought. He called for a return to the Quran and the Sunnah (the practices and sayings of Prophet Muhammad) and criticized the blind imitation (taqleed) of foreign ideologies. He promoted a more activist and revolutionary approach to ijtihad.
Abdullahi Ahmed An-Na’im (Born 1946): A Sudanese-American legal scholar, Abdullahi An-Na’im has written extensively on the topics of ijtihad and taqleed, particularly in the context of human rights and secularism. He advocates for a form of secularism that allows for religious diversity and individual freedom while emphasizing the importance of informed and reasoned ijtihad.
Tariq Ramadan (Born 1962): Tariq Ramadan, a contemporary Swiss-Muslim philosopher, has explored the concepts of ijtihad and taqleed in the context of modernity. He encourages Muslims to engage in critical thinking and independent reasoning while also respecting traditional scholarship and established legal schools.
Conclusion
These examples illustrate how prominent Muslim political philosophers engaged in debates over the balance between ijtihad and taqleed, each offering their unique perspectives on the role of independent reasoning and blind imitation in the interpretation and application of Islamic law.
These debates continue to influence contemporary discussions within Islamic jurisprudence and political philosophy. Their perspectives reflect a wide range of views on how Muslims should engage with Islamic jurisprudence and adapt it to the challenges and opportunities of the modern world.
From the book “21 Muslim Political Philosophers: A Hand Book”, published by Amazon and available at
