The article captioned above is divided in four part, the origin of Ijtehad is traced out in the historical perspective which is about the early years of Khilafat-e- Abbasia in the period of Imam Abu Hanifa.
Before that time there were four sources of Islamic Law acknowledged commonly which are (1) Quran (2) Sunnah (3) Ijma and (4) Qyias. The authority of first two is absolute and the jurists obtained guidance from these in settling legal issues and their authority was a part of faith.
The third source i.e., Ijma was defined as unanimous agreement of jurists of community on a certain issue on the basic of Qyias which by the passage of time has assumed form of modern assemblies or the house of parliament to decide issues by majority’s consent after through discussion and debate by the members of pro and opposite sides. Imam Malik was stanch exponent of Ijma.
The fourth source is called Qyias meaning a systematic and very careful method of reasoning keeping in view all the QUranic verses although not applicable directly but having relevance to help the jurist, arriave at an equitable decision in solving specific issues. Iman Abu Hanifa relied mostly on Qyias by his impeccable power of reasoning so much so that in particular issues he preferred Qyias over Hadith as in his views the veracity and correctness of Hadith could be doubtful and if the source is not reliable in that case he avoided to rely on Hadith for fear of committing the sin of disrespect to the Holy Prophet.
There are four schools of Islamic Law generally acceptable which were formed in the 2nd century of Islamic calendar and these are:
1. Hanfi School after the name of Imam Abu Hnaifa.
2. Maliki School attributed to Imam Malik
3. Shaif School after the name of Imam Shafi
4. Humbli School attributed to Imam Ahmad Bin Humbel.
Since the subject under discussion pertains to Ijtehad therefore to be precise it may be stated that Ijtehad ammanates as an advance from of Qyias, the method of reasoning practiced by Imam Abu Hanifa, who was the first and greatest advocate of validity of free and independent reasoning i.e., Qyias. His method of arguments is know as Istehsan i.e., to establish legal rules that meet, the requirements of equity and justice in daily life. He always kept in view common sense and reason in the perspective of Quran and Hadith injunctions and thus his Fiqh is more sensible, judicious, moderate and easy to follow than other schools of Law. Although Imam Malik is bitter opponent of Qyias is comparison to Ijma but still the followers of Abu Hanifa are in majority among the Muslims in the world.
The importance of Qyias is widely acknowledged as it is the basis of foundation on which the structure of Ijtehad stands gloriously in modern Assemblies.
No written jurisprudence existed during time of the Holy Prophet. The questions asked by his Sehaba were answered by the H. Prophet and his conduct was absolute authority for the Muslims but no boundary walls were erected to decide issues of different nature and those which did not occur yet which were left to be decided by independent reasoning according to specific situation and circumstances. Had the Prophet laid down rigid rules for solving such issue, it would have deprived coming generations of using reason and framing laws according to the needs of time. In support several actions of Hazrat Umar deciding matters according to his judicious reasoning without consulting the Holy Prophet can be cited which were confiremed later as correct by the Holy Prophet or Vahi. The Hadith of Sehabi Muad Bin Jabal to apply his mind i.e., Qyias for deciding the issues in absence of solution from first three sources is a glorious example of Islamic liberalism to prove it as a dynamic and progressive religion allowing adjustment in legal issues to the coming generations.
WHAT IJTEHAD MEANS
Literally it means employing utmost care, effort and hardship in Shariah by the jurist for deducting new ruling to meet a challenge or situation without violating spirit of Quran and Sunnah. This act of deduction, analyzing and formulating rules from the text of Quran and Sunnah to adjust the new situation is known as Ijtehad. The most common meaning attributed to term Ijtehad are independent reasoning or Ra’y. according to Imam Ghazali Ijtehad or Ra’y should be exercised only when there remains no possibility of finding a solution from first three sources of law i.e., Quran, Sunnah and Ijmah. However, Qyias has established itself the 4th source of Islamic Law and as long as the humanity keeps inhibiting on this earth, the reliance on Ijtehad cannot be forsaken.
Now as the mankind in the 21st Century has entered an age of computer science, internet, space exploration and innumerable sophisticated devices, the multifarious problems and issues un anticipated fourteen hundred years ago can not be solved without independent reasoning captioned as ljtehad.
On the opposite side the classical theologians believe in TAQLID or blind following without any effort. to verify the veracity or truth of the matter and consider it a virtue and piety to bind themselves with the Shariah as in their opinion it. is ordained by Quran and Sunnah. Thus they have closed upon them selves the doors of advancement and progress lagging behind the open minded nations. IQBAL has criticized this passive attitude saying:-
تقلید کی روش سے تو بہتر ہے خود کشی
رستہ بھی ڈھونڈ خضر کا سودا بھی چھوڑ دے
Since the modern time is faced with enormous and complicated political social, economical and religious problems which can not be surmounted with the help of text of Quran. 8r, Sunnah so- it is imperative on the Islamic jurists to apply their minds to elaborate upon the vast and hidden knowledge of Quranic verses to meet the new situations.
This tins led to emergence of three groups of religious schools. 1. Traditionalists i.e., the followers of Taqlid like Deoband School, Brelwi School (2) Neo-traditionaiists such as Abul-Ala-Modudi, Dr. Israr Ahmad, Dr. Tahir Ul Qadri and (3)The Moderinists, that of Sir Syed Ahmad. Allama Iqbal, Dr. Fazal.ur Rehm an and Chulam Ahmad Pervaiz etc. Considering the condition of prevailing situation it can easily be understood which group infact can encounter the problems to meet the challenges of time. The situation demands serious reconsideration of Islamic Legal System to reconstruct. the orthodox rules for adjustment to meet new constitutional and legal needs.
It is great misfortune of the Muslims Ummah that vested interests in politics and theology gave a great set back to the advancement of free thinking, learning and expression of opinion to perpetuate their hold on power and position in their respective areas. The class of thinkers and researchers like Mot azila who propogated reason, argument- and deductive method, to arrive at the truth were labeled as misled and “Bidat” and suffered oppression and restrictions. The Abbasi despotic rulers imposed ban on the right of free thinking, research and expression to save their despotic rule which resulted in stagnation in the flow of learning and thus the Muslims fell behind in advancement, Iqbal has criticized despotic rule saying:-
کرتی ہے ملُوکیّت آثارِِ جنوُں پیدا
اللہ کے نشتر ہیں تیمُور ہو یا چنگیز
The religious traditionalist like Imam. Malik, Imam Shah and such others also set strict barriers on Ijtehad. The fall of Baghdad and Gharnata brought destruction of gigantic libraries containing vast precious knowledge of all sort of prevailing subjects and deprived the Muslim world of their invaluable legacy. On the other hand the European seized this opportunity of liberal approach for acquirement of knowledge and their thinkers like Luther, Voltair, Rousseau etc spread a wave of awareness bringing renaissance in place of deep dhrkness of ignorance and backwardness. Iqbal has pointed out this tragedy in the words:-
لے گئے تثلیث فرزند میراثِ خلیل
خشتِ بنیاد کلیسا بن گئی خاکِ حجاز
مگر وہ علم کے موتی کتابیں اپنے آبا کی
جو دیکھیں ان کو یورپ میں تو دل ہوتا ہے سیپارہ
Thus the doors of ljtehad and advancement in knowledge and science were closed for several centuries till the new revolutionary thinkers in 18th century onward like Abdul Wallah in Arabia. Shah Wali Ullah, Sir Syed Ahmad came to amend the dismal situation and revive spirit of ljtehad in resolving the conflict between reason and theology to bring the Muslims realize their negative and passive attitude.. Alas much precious time has lost and the ummah has fallen centuries back and unless some dynamic group of leaders inspire them to cover up the lost ground, the undignified and disgraceful plight. of economic, political and cultural subjugation of Western countries may continue incessantly. Iqbal laments the past. glory of the Muslims saying:
نشانِ راہ دکھاتے تھے جو ستاروں کو
ترس گئے ہیں کسی مردِ راہ داں کے لیے
However, in order to close the gap between the West. &, Muslim world the doctrine of Ijtehad should be employed as an instrument of rationality in Sharih Fiqh and Hadith. and other, modern and scientific subjects to cope with challenges of modernization. In order to gain ground it is extremely essential to make progress in religious research alongwitll the fields of science, technology, industry, commerce and latest arts like electronic media, information technology and communication. The situation demands that the instrument.of ljtehad be given due importance and free hand to every individual. to exercise his impact collectively in assemblies for mutual discussion criticism adopting necessary steps according to the present, age in free and liberal atmosphere ands put forth its decisions in practice for betterment of all people in the frame work of Ijtahad provided by Imam Abu Hanifa, In this way the efforts of every individual canbecome fruitful for the Ummah. as Iqbal says:-
افراد کے ہاتھوں میں ہے اقوام کی تقدیر
ہر فرد ہے ملت کے مقدر کا ستارہ
Now 1 come to the 2nd part of article. Because of centuries long slumber of backwardness, the people started thinking that there was something wrong with the Muslim nation or the religion. The orthodox held the Muslims responsible for not. following the precepts of Quran and -Summit with due solemnity, and piety.
The Modernist balamed inactivity and lack of updating education and knowledge according to new age. In consequence under this gloomy and dismal conditions several reform moments sprang up among the Muslims in 18th Cent ury onward.
First. was Wahab-Ud-Din movement started by Abdul Wahab in Arabia preaching return to orthodox Islam rejecting mystical and soofi pattern of religion favouring aloofness from world which had made Muslims inactive devoid of true spirit of religion detrimental. to progress
In India Shah Wali Ullah led other movement. He desired a new system in Islamic Law and presented his philosophy in his famous book Hujat-Ul-Baligha. Ile was stanch supporter of Khilafat. Shah Abdul Aziz, Shah Ismail; Syed Ahmad Brelwi were his prominent and ardent successors.
The 3rd movement was of Pan Islamic led by S. Jamal-ud-Din Afghni, who wanted the freedom of entire Muslim world political and religious and advocated unity among them. lqbal held him. in great esteem for his revolutionary thinking and efforts. His disciple Muhammad Abduh of Egypt. and Sir Syed. Ahmd in India took up the task to prove that Islam was not against reason and science. They wanted to solve the problems with modern methods without violating eternal principles of Islam.
Then Abaid ullah Sindhi advocated both modern Muslim thought and Soofism. He was more in favour of Ijma than Qiyas. He liked that Fiqah and reason should both go together. He was in favour of material revolution with the help of scientific and modern knowledge to make Muslim powerful and prosperous.
Sir Syed Ahmad was founder of Ali Garh Movement. He was a crusader against Taqlid and staunch believer in Ijtehad. He is considered as father of Indo-Pak modernists and greatly influenced Pakistan Movement. He was champion of reason against blind tradition. He gave new direction to Muslim in rationality, culture, politics and religion. He introduced reforms in polygamy, banking, conception of Riba, education trade, commerce etc.
On. the other side we observe that the role of orthodox theologians like Deoband and Brelavi schools and of Jamiat ul Ulna. Hind was static and against Pakistan Movement. However, maulana Shabbir Ahmad Usmani a member of Jamiat was a liberal theologian who formed separate party and played positive role in achievement of Pakistan.
Maulana A.A. Maududi was a. neo-traditionalist, interpreter of modern Islam. He wrote extensively on wide range of topics of religious, political, social, cultural, trade, commence, woman’s position, Zakat, War, Jazia. etc. Rather he gave a complete system of Government in the light of Quran and Sunnah giving supreme power to Amir of his Jamat as a Naib of Allah the absolute sovereign Maulana Modudi is a midway supporter of Ijtehad.
Dr. Israr Ahmad an other modern thinker who holds modern education and knowledge necessary to achieve targets. He favours Ijtehad so that we may march along with the time. He is great admirer of Allama Iqbal’s thoughts.
Prof. Tahir ul Qadri is an other theologian who favours Ijtehad considering necessity of taking in to account the contemporary contingencies and current realities.
Apart. from above Ghulam Ahmad Parvez is considered ultra modernist and has formed a. new Fiqh from Quran. He tried to revolutionize every thing like Sir Syed Ahmad and also impressed the philosophy of lqbal. He had two objects i.e., to interpret independently without jurists limitations the message of Quran and (2) to present Islam rationally in. response to modern spirit arid circumstances. According to his system of government the State should keep all resources and means of production and surplus wealth under its control and by equitable distribution close the gap between rich and poor. He is quite liberal in equal rights of man and woman and is against obligatory “Pardah and. Polygamy” .
From the foregoing we can understand to what extent
the above named theologians and scholars are in favour of or ‘against Ijtehad. In conclusion it can be drawn out that Islamic countries need an effective institution to make Ijtehad cooperative and collective to transform the countries into civilized and democratic society in order to solve their religious, political, social, economical problems.
The third part. of essay goes totally in describing contribution of Allama lqbal towards reconstruction of Islamic thoughts under the conception of ljtehad. According to lqbal Islam is a positive science. It. invites study of nature which is dynamic and always in motion and evolutionary process. The very purpose of man’s entrance on the earth is to study and explore the nature and conquer the innumerable and vast treasures scattered allover the universe, Let us look at the scene when the earth welcomes Adam when he steps first time on it as described in lqbal’s poem:
ہیں تیرے تصرف میں یہ بادل یہ گھٹائیں
یہ گنبد افلاک یہ خاموش فضائیں
یہ کوہ یہ صحرا یہ سمندر یہ ہوائیں
تھیں پیش نظر کل تو فرشتوں کی ادائیں
آئینہ ایام میں آج اپنی ادا دیکھ
Deen-e-Islam which is a complete code of conduct as ordained by Allah:
اَلْیَوْمَ اَکْمَلْتُ لَکُمْ دِیْنَکُمْ وَ اَتمَمْتُ عَلَیْکُمْ نعمَتِیْ
can never therefore, be static but is flexible, advancing and expanding capable of making adjustment all the times according to new situation as Iqbal says:-
یہ کائنات ابھی نا تمام ہے شاید
کہ آ رہی ہے دمادم صدائے کُن فیکون
فریب نظر ہے سکون و ثبات
تڑپتا ہے ہر ذرہِ کائنات
تو اسے پیمانۂ افروز و فردا سے نہ ناپ
جاوداں پیہم دواں ہر دم جواں ہے زندگی
عالم ہے فقط مومن ِ جانباز کی میراث
مومن نہیں جو صاحبِ لولاک نہیں
Iqbal exercised tremendous impact on theological, polit ical and social institutions to open doors of independent reasoning and set-forth new principles of legal advancement to solve the problems faced by the Muslims and emphasized that due need of fresh interpretation in term of Islamic Jurisprudence for application to daily vital issues was -extremely essential. The beaten track i.e, TAQLID in his views was suicidal for the Muslims as remonstrated by him.
تعمیرِ نو سے ڈرنا طرزِ کہن پر اَڑنا
منزل یہی کٹھن ہے قوموں کی زندگی میں
Emphasizing upon the need of Ijtehad he concluded that. Islam discards stagnation and obsolete conceptions. He persuades to gain fresh grounds and creation of new practical ideas in this evolutionary and expanding world.
پرانے ہیں یہ ستارے فلک بھی فرسودہ
جہاں وہ چاہیے مجھ کو کہ ہوا بھی نوخیز
کریں گے اہلِ نظر تازہ بستیاں آباد
مری نظر نہیں سوئے کوفہ و بغداد
In fact his poetry and prose after return from Europe is mostly focussed on the importance of Ijtehad. No he had given this idea in 1904. Book what is your consideration about Iqbals writing:
اجتہاد اندر زمانِ انحطاط
قوم را برہم ایں پیچیدہ بساط
عقل آبایت ہوس فرسودہ نیت
کار پایمان از عرض آلودہ بنت
زاجتہاد عالمانِ کم نظر
اقتدار بر رفتگاں محفوظ تر
نگرش ایسد باریک د
دربے شاں با مصطفی نزدیک تر
(رموزبیخودی)
Iqbal praises IBN-e-Tamiya, the great Muslim scholar and Mujtahid for his efforts for freedom of Ijtehad. He also praised Turks when they abolished Khilafat to replace the individual institution by collective representation of people. This step according to him is Ijtehad. In his views renaissance in Islam through Ijtehad was very necessary so that under liberal arid enlightened environments, the Muslims in subcontinent concentrate on becoming a strong modern individual nation and then gradually proceed furthers to develop fraternal relations in Muslim states and ultimately bring global unity of mankind.
As there was no written law in Islam before Abbasi Khilafat therefore, with the grown civilization the early schools of Islamic law became inadequate and the advancement, adjustment, reinterpretation and reconstruction of Islamic law became imperative and that is what Ijtehad enunciates. He regrets that during past several centuries religious thoughts in Islam remained practically. stationery and dormant.. The only course left for us is to approach modern knowledge with keen, continuous but independent attitude in the light of fresh discoveries in science and art even though we Many have to differ from those who have gone before us. Unless we demolish the dilapidated obsolete structure of the past traditions we cannot have a bright and a secure future as expressed in the words of Maulana Roomi.
گفت رومی بر بنائے کہنہ کا باداں کنند
می ندانی اول آں بنیاد در اویراں کنند
According to Iqbal we are passing through a period similar to tht of Protestant revolution.
We should learn how the change took place for emancipation of common man from the yoke of priesthood. But that renaissance turned into a political movement replacing the religious strangle hold with national rivalries and capitalistic suppression as evidently said:
مکر کی چالوں سے بازی لے گیا سرمایہ دار
انتہائے سادگی سے کھا گیا مزدور مات
We on the contrary should always keep in view the spirit of Islamic unity, brother hood and liberalism.
According to Iqbal Jjmah is most: important legal notion in Islam. It. is not. only a source of fiqh but an institution through which consensus of entire Muslim community could be achieved. Due to despotic regimes the Ijma became dormant under one man rule and Ijtehad became an individualistic approach rather than collective effort. Now in democratic form of Government the transfer of power of Ijtehad from individuals to legislative assemblies has made it possible to continue the sources of law of Ijma and ljtahad within the working of assemblies which represent. the whole nation. The desired revolutionary change can be understood as expressed below:
سلطانی جمہور کا آتا ہے زمانہ
جو نقشِ کہن تم کو نظر آئے مٹا دو
زمانے کے انداز بدلے گئے
نیا راگ ہے ساز بدلے گئے
پرانی ساس ت گری خوار ہے
زمیں میر وسلطان سے بیزار ہے
The Ijmah in the form of assemblies is a modern development that expresses the collective will of whole commmun. In the changed circumstances the elected representatives, theologians, scientists, industrialists, trade experts, educationists all can coordinate to formulate necessary regulations after detailed discussions, experiments seminars and debates which will remove stagnation and open
way towards progress and prosperity. In framing the new laws the Islamic ethical teachings should be kept in view. Western democracy according to Iqbal failed due to lack of universally applicable moral values known as liberty, equality fraternity and tolerance as stated by him:
ہے وہی ساز کہن مغرب کا جمہوری نظام
جس کے پردوں میں نہیں غیر از نوائے قیصری
دیو استبداد جمہوری قبا میں پائے کوب
تو سمجھتا ہے یہ آزادی کی ہے نیلم پری
زمام کا ر اگر مزدور کے ہاتھوں میں ہو پھر کیا
طریقِ کوہکن میں بھی وہی حیلے ہیں پرویزی
تدبر کی فسوں کاری سے محکم ہو نہیں سکتا
جہاں میں جس تمدن کی بنا سرمایہ داری ہے
In view of the above Iqbal’s message to reconstruct the role of cooperation with Ijma in the modern conditions must be given full and practical consideration keeping alive the spirtt of Islam.
Coming to the last part we can see the impact. of Muslim theologian, scholars and reformers efforts in different periods of history ultimately giving rise to the movement of demand for Pakistan in India on the basis of two nations theory achieving the goal in 1947 and then passing of Objectives Resolution in 1949 to form basis for the legal reforms according to tenets of Islam in the form of Pakistan constitution.
The Muslims established that. in. India there were two nations and the Muslims were separate from Hindus on the basis of different. religion, civilization, history, customs and culture. The goal of independent country was achieved but there was wide difference among orthodox school and modernists in enactment of law in the newly born country. The traditionalist comprising of Deo band, Brelwi, Jammiat ul Ulm a, Ahrars and Khaksars wanted enforcement. of Shariat in the old and original form acording to Quran and Sunnah The Muslim League belonging to modernists group and successful in getting independence from the ex-rulers wanted that country should be governed in accordance with fundamental principles of Islam employing spirit of ljtihad in legal enactment. as the modern conditions required. On as iqbal and Quaid-e-Azam worked as the founders of Pakistan.
Quaid-e-Azam wanted that the religion should be regarded a personal matter of each individual and the constitution should ensure each citizen whether Muslim, Parsi, Hindu and Christen equality in eye of law on the secular basis,. This was not acceptable to the traditionalists who demanded implementation of Shari-ah apparently in Taliban style. However, since Quran did not constitute detailed legal code for the unperceived future needs the legislature could frame certain laws within frame work of Quranic principles to meet the needs, of modern society as there is constant change in life, leading to unknown destinations.
اطیعوا اللہ واطعیواالرسول فان تنازعتم فی شی ء فردود الی اللہ و الرسول ، ایک کامکمل فریم ورک مہیا کرتی ہے۔ (اس ضمن میں اسلامی ملت و حکومت ، از ارشاد شاکر اعوان، قرطاس فیصل آباد دیکھنی چاہیے )۔
There was sharp difference between orthodox and modernists on the definition of Islamic State. According to modernists it is not theologian, western brand, despotic or socialist one. Islam has not specifically marked any one to be framed strictly but has given importance to human dignity, ¬freedom of thought and expression and equality before law which presently was possible only through Ijma and ljtihad together.
Both the Schools held their ground strictly without likelihood of mutual compromise. However Prime Minister Liaqat Ali Khan succeeded in having the Objectives Resolution passed by the Constituent. Assembly on which fortunately both sides felt satisfied. The gist of important clauses is stated here which made it possible to satisfy both camps.
“In the name of Allah the most Beneficent and the most. Merciful“.
Whereas Sovereignty over Universe belongs to Almighty Allah alone and the Authority which He delegated to the State of Pakistan through its ‘people for being exercised within limits prescribed by Him is sacred trust, the State shall: exercise its powers and authority through the chosen representatives of People
Wherein the principles of democracy, freedom, equality tolerance and social justice as enunciated by Islam shall fully observe and shall guarantee all fundamental rights.
Thus the objectives Resolution was the first collective Ijtjhad not created by the ulema as a mujtahid but by modern theologians and elected representatives. The constituent assembly of PakiStan was the first political institution to get the powers of MUJTAHID-E-MUTLIQ in the history of Fiqh and it will interpret Shariah and prepare law in future also. So the issues or bills are debated in the parliament and / outside as well by citizens, ulema, elites and the press to share participation.
This revolutionary change has proved that Islam is not a static religion and is capable to adjust, adopt, modify, interpret its social and practical laws. It has also demonstrated that doors of ljtihad were not dosed at any time. Islam does not believe in stale political system and may adopt any system desired by elected people who are trusted to rule independently and justly.
Pakistan is the 1st state in modems times to confirm that. God Almighty is the only Sovereign.
سروری زیبا فقط اُس ذاتِ بے ہمتا کو ہے
حکمراں ہے اک وہی باقی شانِ انوری
So it may be concluded that there is no contradiction between Sharia.h and reason. Both are inter dependant and interrelated to accomplish the targets before the Govt. Resultantly objectives Resolution established a foremost model for modern collective ljtihad in order to incorporate Islamic essence into the country in the future political frame Work.
It in ay also be mentioned in the last. that this achievement paved the way of approval of present. constitution of Pakistan with strenuous and sagacious efforts of Prime Minister Zulfiqar Ali Bhutto with consensus of all political parties and Ulema of various schools of thought.
However, it is unfortunate that. unwarranted corrupt and influential politicians and fortune hunters have made Pakistan a happy hunting ground for amassing illegal wealth misusing their position and power and because of their lust and avarice the elected governments often fail due to lack of loyalty to country and dedication to their duty creating chaos and anarchy which provided in roads to military take over three, time, since creation of Pakistan. So there is a great need that, law and religion should groom the citizens in general and politicians in particular to stand committed to follow the path of high morality in their private, public and political lives without which the unstable, governments will turn the situation into mockery of constitution and endanger the existence of country. In this regard Iqbal has given final verdict,
جلالِ پادشاہی ہو کہ جمہوری تماشا ہو
جدا ہو دیں سیاست سے تو رہ جاتی ہے چنگیزی
