1. The sources of Islam – two kinds
| Kind | What they include |
|---|---|
| Primary sources | The Quran, the Sunnah |
| Secondary sources | Those derived from the two through ijtihad |
- The secondary sources act as support to the primary sources during the ijtihad carried out to solve the legal problems that arise from time to time.
2. What is ijtihad?
| Explanation | |
|---|---|
| Root word | Jahada (جهد) |
| Meaning | To strive (make an effort) |
| Technical meaning | When the Quran or the Sunnah has not directly given the solution to a new problem, those with deep knowledge of both make a research effort to reach a solution based on them |
| Those who do this work | Mujtahids (المجتهد) |
Imam ash-Shawkani's definition (meaning): ijtihad is a legal scholar using all his abilities to derive, from the deep meanings of the primary sources of Islam, solutions to the practical problems the Shari'ah faces.
3. Ijtihad in the Prophet's ﷺ time
- New problems arose even while the Prophet ﷺ was alive; Allah solved some through revelation; sometimes the Prophet ﷺ put forward solutions.
The incident of Mu'adh ibn Jabal (RA) (Tirmidhi*)
When Mu'adh (RA) was sent to Yemen as governor:
| The Prophet's ﷺ question | Mu'adh's (RA) answer |
|---|---|
| How will you judge when new problems are brought to you? | By what is said in the Quran, the word of Allah |
| And if you do not find it there? | I will take it from the example of the Messenger of Allah |
| And if you do not find it there either? | I will make ijtihad based on both and judge |
- The Prophet ﷺ praised him (meaning): "All praise is for Allah, who has inspired the messenger of the Messenger of Allah to such a solution."
*Some hadith scholars have criticised the chain of this narration – confirm with the teacher before quoting its grading.
The order of seeking a ruling: Quran → Sunnah → ijtihad.
- The Prophet ﷺ also trained the Companions by creating different situations in which they had to make ijtihad.
4. Who are the ulul-amr (أولي الأمر)?
- The mufassirun (commentators on the Quran) have explained that the "ulul-amr" in verse 4:59 are the mujtahids (as given in the textbook; another well-known explanation is "those in authority / rulers").
5. Seven qualities a mujtahid must have
- Being a Muslim
- Having deep knowledge of the Quran and the Sunnah
- Having expertise in the (Islamic) sciences
- Having mastery of Arabic
- Understanding the ijtihad of earlier mujtahids
- Being clear about the problems taken up for research
- Having taqwa and good conduct
Memory tip: Muslim – Quran/Sunnah – Sciences – Arabic – Earlier ijtihad – Problem clarity – Taqwa.
6. The reward for ijtihad
Hadith (Bukhari) – meaning: "If a mujtahid makes ijtihad and his decision is right, he has two rewards. If he makes ijtihad and his decision is wrong, he has one reward."
| Decision | Reward |
|---|---|
| Right | 2 |
| Wrong | 1 |
This encourages those who are qualified to take part in ijtihad.
7. Key Arabic terms
| Arabic | Meaning |
|---|---|
| الاجتهاد | Ijtihad – the effort to derive rulings through research |
| جهد | Jahada – to strive (root word) |
| المجتهد | Mujtahid – a scholar qualified to make ijtihad |
| أولي الأمر | Ulul-amr – those in authority (explained as the mujtahids) |
Quick revision
- Primary sources – Quran, Sunnah; secondary sources – those derived through ijtihad.
- Ijtihad ← jahada = to strive; Imam ash-Shawkani's definition.
- Mu'adh (RA) – governor of Yemen: Quran → Sunnah → ijtihad (Tirmidhi).
- 4:59 – ulul-amr = the mujtahids (the mufassirun).
- 7 qualities of a mujtahid.
- Right – 2 rewards; wrong – 1 reward (Bukhari).