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Ijtihad and its importance

Question:

I have been told that followers of madhabs do not believe in the exercise of Ijtihad in this day. I was told that they believe that Ijtihad finished with the passing of the great Imams (ra) and that now we have to follow everything they said. Could you please clarify this?

Answer:

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No scholar who adheres to a madhhab will say that the door to Ijtihad is closed. Rather what they say is it is open, but only for those who have the necessary qualifications. We must also keep in mind that there are several different levels of Ijtihad. In other words just as not every doctor can perform brain surgery, similarly Scholars in the Deen are of different levels.

The Ummah and her scholars for centuries agreed that the highest level for scholars is the category of Mujtahid Mutlaq (Absolute Ijtihad) and they also agree that the four main Mujtahid Imams are from this category. These luminaries had their own principles of legal interpretation (Usul-al-Fiqh) and furthermore employed them in every chapter of the Deen, thus it is necessary for the non-scholar to follow one of them as their schools are the best structures present to act upon the Deen in non-arbitrary manner.

In our age, we have many great scholars but none who reach their level, in fact it is not hidden from anyone who knows the scholars of the world that the scholars of today, almost entirely are compelled to follow one of the four Imams, due to their incredible academic achievements. If they do not follow them in every masalah (issue), then they do so in their principles (Usul). One proof of this is, for example, the standard texts in usul taught even in Saudi Islamic Universities are from those of the Maliki or Hanbali Madhabs, eg. Maraqi al-Saood. Thus it is obvious, rather than reinventing the wheel, for the unlearned non-scholar, by arguing for the following the opinions that have been already thorougly analysed, debated, and documented, such as what things break wudhu, of any scholar today, it is also more astute and sensible to follow one of the four Imams.

Though the highest level of ijtihad is not present today (which necessitates for us to follow one of the four Imams) we still find, and will continue to find till the Day of Judgement, the lesser category of Mujtahids in Masaail. These are scholars who have exerted themselves in discovering the ruling for new issues that have arisen. Thus they have employed the Usuli principles of their relative school, having the ability to do so, and extracted the rulings for particular issues like the rulings on organ transplants, nuclear weapons, premium bonds etc. Thus it is incorrect to say those who follow Madhabs hold Ijtihad cannot be done today. Islam is a religion for all times and places, as Allah taala says:

Is it, then, the judgement of (the days of) Ignorance that they seek? Who is better in judgement than Allah, for a people who believe? (5:50)


Mufti Mohammed Sajjad

Wallahu Aalam bis-sawab

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The answer to this question is the opinion of the scholar and does not reflect the opinion of other scholars of As-Suffa Institute and As-Suffa Institute as an organisation.