Ijtihaad and Mujtahid
Linguistic meaning:
The term 'Ijtihaad' is derived from the Arabic root j-h-d (ج-ه-د), which literally translates to "striving with full exertion" or "diligent effort".
Ibn Hazm said that there is no difference of opinion among experts of the Arabic language regarding the linguistic meaning of Ijtihad.
(Al-Ihkaam fee Usool al-Ahkaam (8/133))
Technical meaning:
In the context of Islamic jurisprudence, Ijtihad refers to the process of exerting one’s utmost effort to derive legal rulings and judgments from the sources of Islamic law.
(Al Luma fee Usool Al-Fiqh by Abu Ishaaq Al-Shirazi p.72; Usool al-Fiqh by Ibn Muflih 4/1469; Usool al-Fiqh al-Islami by Mustafa Zarqa 2/1039).
Other scholars have also defined Ijtihad in various ways with slight differences and elaborations.
(See Al-Mustasfa by al-Ghazali p.342; al-Mahsool by al-Razi 6/7; Al-Bahr al-Muheet by al-Zarkashi 6/197, etc.)
The one who performs Ijtihad is known as a Mujtahid.
Types of Ijtihaad and Mujtahid: Classification 1
1. Mujtahid Mutlaq
Mujtahid Mutlaq refers to the independent jurists who do not follow the rulings or methodologies of any other scholars. These mujtahids derive their rulings directly from the primary sources — the Qur’an and the Sunnah — and their own methodologies and principles form the foundations that others later follow.
Example:
Several of the Sahabah and Tabi’een, such as:
The famous Seven Fuqaha of Madinah, the Fuqaha of Makkah, Basrah, Kufah, and Yemen.
Also among them were those who had their own distinct madhab, such as the four famous Imams — Abu Hanifa, Malik, Shafi’i, and Ahmad — as well as scholars like Imam Sufyan bin Uyaynah, Imam Sufyan al-Thawri, Imam al-Awzai, Imam Layth bin Sa’d, Imam Ishaq bin Rahawayh, Imam Dawood al-Zahiri, Ibn Khuzaymah, Ibn Jareer al-Tabari, and Abu Thawr. (Refer to article 1.)
Arriqaaq
Examples of other Mujtahid Mutlaq scholars include:
- Al-Imam al-Bukhari:
Anwar Shah Kashmiri Hanafi wrote: Know that al-Imam al-Bukhari was a Mujtahid, there is no doubt in that. The widespread notion that he was a Shafi'i scholar was only because he agreed with Imam Shafi'i on certain famous rulings (masaa’il).
(Faidh ul-Bari Sharh Saheeh al-Bukhari: 1/58). - Imam Abu Dawood:
According to Ibn Taymiyyah, Abu Dawood was absolute Mujtahid.
(Majmoo al-Fatawaa 20/40).
Note: Some have mentioned Abu Dawood in Tabaqat al-Hanabilah, however it is not a proof because al-Shafiee has been mentioned in Tabaqat al-Malikiyyah (Al-Dibaaj al-Madhab of Ibn Farhun p. 326), Imam Ahmad bin Hanbal has been mentioned in Tabaqat ash-Shafiyyah by Al-Subki (1/199)). - Imam Ibn Hazm:
Refer to “Ibn Hazm: The Life and Ideas of the Spanish Genius”.
Arriqaaq
2. Mujtahid Muntasib
A Mujtahid Muntasib refers to a scholar who is attributed to a specific madhab, even though he is an independent mujtahid and has not been conclusively proven to follow the methodological principles of that madhab. He maintains his own independent reasoning and approach to deriving Islamic legal rulings.
Example:
Muhammad bin Nasr al-Marwazi was an independent Mujtahid who is ascribed to Shafiyyah, likewise Ibn Mundhir was an independent Mujtahid who is ascribed to Shafiyyah.
Shaykhul Islam Ibn Taymiyyah will also come under this category as he is an independent Mujtahid who is ascribed to Hanabilah. (Al-Awaasim min al-Qawaasim by Ibn Wazeer 5/261-264).
Imam al-Shawkani is also an independent Mujtahid who is ascribed to Zaydiyyah.
3. Mujtahid fil Madhab or Mujtahid al-Muqayyad
This type of scholar adheres to the general principles and framework of a particular madhab, but maintains independence in deriving rulings on specific, detailed issues of fiqh. While the scholar's overall approach is grounded in the established school of thought, they exercise flexibility and independent reasoning when dealing with specific cases and derived rulings, rather than strictly following the established positions of that particular madhhab.
Example:
Imam Abu Yusuf, Imam Muhammad al-Shaybani, Imam al-Nawawi, Imam al-Rafiee, etc.
(Refer to Mualim Usool al-Fiqh inda Ahl al-Sunnah wal Jamaah by Muhammad Hussain al-Jeezani p 465)
Types of Ijtihaad and Mujtahid: Classification 2
- Ijtihaad Mutlaq (person is Mujtahid Mutlaq):
A Mujtahid Mutlaq refers to a scholar who has reached the level of Ijtihaad in all topics within the Islamic Jurisprudence. - Ijtihaad Juz’ee (person is Mujtahid Juz’ee):
A "Mujtahid Juzee" refers to a scholar who has reached the level of Ijtihaad in specific or exclusive topics within the realm of Islam. This means that their expertise and authority is limited to those particular areas, rather than spanning the entirety of Islamic jurisprudence. The Mujtahid Juzee has demonstrated the ability to derive rulings and make independent judgments on those particular topics, but may not possess the same level of expertise or authority in other areas of Islamic law.
(Mualim Usool al-Fiqh inda Ahl al-Sunnah wal Jamaah by Muhammad Hussain al-Jeezani p 466)
Ijtihaad of Laymen
The discussion of Ijtihad is not limited to scholars alone; Ibn Hazm extended it even to laymen, each according to their ability.
He said:
“Ijtihad is exerting effort in trying to seek the knowledge of what Allah has commanded one with, and the people who do so are of varying levels, with the lowest being a common person (layman) or someone who has recently accepted Islam in a non-Muslim land.”
(Al-Ihkaam fee Usool al-Ahkaam (5/121)).
Under the section ‘If it is said: what should a layman do in case of a new religious issue?’, Ibn Hazm wrote:
“The concept of Ijtihad, as described, is an obligation for all Muslims, both the learned scholars and the laypeople, when it comes to seeking knowledge of Allah's and His Prophet's (صلى الله عليه وسلم) commands regarding all aspects of one's religion.”
He further explained:
- People differ in how they perform Ijtihad.
- Each person is obligated to do only what lies within their capability, as Allah does not burden anyone beyond their capacity. (Qur’an 2:286).
- Taqwa means acting upon what Allah requires, within one’s ability, and Allah only requires us to do what we are able to do.
- Therefore, what one cannot do is not required of them.
- Each person has their own share or level of Ijtihad, depending on their capacity.
(Al-Ihkaam fee Usool al-Ahkaam (6/151)).
In another passage (Al-Ihkaam fee Usool al-Ahkaam 6/152–153), Ibn Hazm clarified the procedure for laymen seeking rulings:
- For a layman seeking a religious ruling from a scholar, the layman's obligation is to ask the scholar if the ruling is based on what Allah and His Messenger (صلى الله عليه وسلم) have commanded.
- If the scholar confirms that the ruling is based on the Quran and Sunnah, then the layman is not required to investigate further and should act upon it.
- However, if the scholar says ‘no’, or ‘this is my opinion’ or ‘this is the saying of Malik or Ibn al-Qasim or Abu Hanifa or Abu Yusuf or Shafiee or Ahmad or Dawood or so-and-so Sahabi or Tabiee or anyone below them other than the Prophet (صلى الله عليه وسلم) or remains quiet or scolds him off, then it is Haraam for him to accept his verdicts.
- It is Fard (obligatory) upon layman to seek a ruling from another scholar.
- The scholar, when providing a ruling, is obligated to clarify if it is based on the Quran, Sunnah, or scholarly ijmaa, and not attribute it to Allah or the Prophet (صلى الله عليه وسلم) if it is based on Qiyas, Istihsaan, or Taqleed of another scholar.
- This obligation to seek a ruling based on the primary sources of Islam is incumbent upon everyone, even the most ignorant, and there is no excuse for neglecting it.
Fatwaa and Mufti
According to the linguistic definition provided in Lisan ul Arab,
Linguistically, the term al-Fatwa means “Aftaa’hu fil amri” — to provide a legal opinion, clarify, or explain a matter.
The terms al-Futyaa, al-Futwaa, and al-Fatwa all denote the legal verdict issued by a qualified jurist.
The act of seeking such a ruling or fatwaa is called al-Istifta’a — as in the Qur’an:
يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ ۚ
They request from you a [legal] ruling. Say, "Allāh gives you a ruling concerning one having neither descendants nor ascendants [as heirs].” (Quran 4:186)
The one who gives a Fatwa is known as the Mufti.
Who is “Faqeeh” or “Mufti” eligible to give fatwa?
Ibn Hazm detailed the essential qualifications for a Faqeeh or Mufti in Al-Ihkaam fee Usool al-Ahkaam (5/123–127):
- It is obligatory for a Faqeeh to have knowledge of the Arabic language, its grammar (Nahw) in order to properly understand the words of Allah and the words of His Prophet (صلى الله عليه وسلم).
- It is obligatory for the Faqeeh to have knowledge of the history of the Prophet Muhammad (صلى الله عليه وسلم), so that they can understand the chronology and context of his commands and teachings.
- The Faqeeh must have knowledge of:
- The rulings in the Quran, including what has been abrogated
- The rulings in the Prophet's speech (Sunnah), including what has been abrogated
- Distinguishing between authentic and non-authentic narrations
- The scholarly consensus (ijma') and differences of opinion (ikhtilaf)
- How to refer differences back to the Quran and the Prophet’s (صلى الله عليه وسلم) Sunnah
- In summary, he needs the extensive knowledge encompassing linguistics, prophetic history, Quranic exegesis, Hadith sciences, and jurisprudential principles.
The Lack Of Necessity Of Knowing All Knowledge Before Giving Fatawa
Ibn Hazm further clarified in Al-Ihkaam (5/128) that it is not necessary for a scholar to possess exhaustive knowledge of all Islamic rulings before issuing a fatwa. He says:
- The Prophet's (صلى الله عليه وسلم) sending of his emissaries to various lands to teach the Quran and the rulings of the religion is a clear proof that scholars do not need to possess comprehensive knowledge of all available religious information before issuing fatawa (legal rulings). This is because new verses and rulings would continue to be revealed after the emissaries had been dispatched.
- This example demonstrates that even if a scholar is lacking in certain areas of knowledge, they may still provide fatawa based on what they do know, as long as that knowledge is correct.
- Whoever possesses accurate knowledge on a particular religious matter is permitted to issue a fatwa accordingly. However, they are obligated to seek out knowledge on any aspects they are ignorant of regarding that issue.
- If a scholar is aware that there is a relevant hadith that they do not have knowledge of, they are not allowed to give a fatwa on that matter until they acquire that hadith.
- It is not permissible for a Muslim to seek a fatwa from someone who has only performed Taqleed in the masaa'il (rulings), without having an independent understanding. Nor is it permissible for such a person to issue fatawa.
Giving “fatwa” is dangerous affair
Ibn al-Qayyim says in Alam al-Muwaqqieen by 2/73-74:
Every one of you should fear saying:
“Allah has made this Halal and Allah has made this Haraam”,
so Allah will say to him:
“You lied, I didn’t make this Halal and I didn’t make this Haraam.”
So no one should speak about anything in which he doesn’t know if the revelation from Allah has made it lawful or prohibited, and one should not say it based on taqleed or false interpretation.
