Ijtihad as a Technical Term

Ijtihad as a Technical Term
Guardian for the Jurist

There is no consensus of opinion among scholars belonging to different Islamic schools regarding the literal meaning of the term ijtihad. A section of Sunni ulama' believes that ijtihad means making effort and endeavor in order to achieve presumption (zann) regarding a hukm (law) of the Shari'ah. The same definition is also found in the writings of some Shi'i ulama'. But this interpretation was first proposed by a group of Sunni ulama'. In any case, it would be appropriate to cite some of the views held by Shi'i and the Sunni ulama' in this regard:

a- The great Allamah Sayf al‑Din al‑'Amidi al‑Shafii (d.631/1234) says: Ijtihad means putting in of effort and endeavor in order to reach presumption (zann) regarding one of the ahkam of the Shari'ah in such a manner that one feels that he can do nothing more1.

b- Al‑Allamah Ibn Hajib Abu Amr Uthman ibn Umar ibn Abi Baler al‑Kurdi al‑Maliki (c. 570 ‑ 646/1174 ‑ 1248) writes in his Mukhtasar al‑usul: Ijtihad means making effort to arrive at presumption or conjecture regarding a hukm of the Shari'ah.

c- Qadi Abd al‑Rahman ibn Ahmad ibn Abd al‑Ghaffar al‑Shafii al-Adudi (d. 756/1355), in his book Sharh Mukhtasar usul Ibn Hajib, writes: Ijtihad is employing one's effort and capacity in the way of arriving at a presumption regarding some hukm of the Shari'ah.

d- Abu Hamid Muhammad al‑Ghazali al‑Shafii (460‑505/10681111) quotes the writer of Fawatih al‑rahamut to the effect that: Ijtihad is the effort made on the part of the faqih to derive a presumed hukm of the Shariah2.

e- Muhammad Maruf al‑Dawalibi writes: Ijtihad means the exercise of ray which is not acceptable to all the ulama', for if it is accepted by all it would be called ijma (consensus), not ijtihad. Therefore, ijtihad is on a lower standing than ijma'3.

* Ijtihad Its Meaning Sources Beginnings and the Practice of Ray. Section 1: "Ijtihad as a Technical Term". By Muhammad Ibrahim Jannati.

^{1- Al‑'Ihkam fi usul al‑'ahkam, vol. 4, p. 218.18.
2- Al‑Mustusfa fi usul al‑fiqh, p. 55.
3- Al‑Madkhal ila ilm usul al‑fiqh, p. 55.}