The Conditions (Shurut) of Ijtihad

The framework we have just presented, with the definition and classification of ijtihad, has been taken into account by the ulama when determining the conditions for ijtihad. In order to analyze and classify, they have focused on the qualities a scholar must possess in order to practice an authentic and reliable ijtihad, in order to become a mujtahid. As with other classifications, the conditions formulated by the ulama have been numerous and divergent because of their various opinions about legal instruments, the applicability of laws, or, simply, the priority allotted to their implementation.

Before going further in setting out the requirements for being a mujtahid, it may be useful to refer here to the concise opinion of al-Shatibi, who differentiated between the very nature of ijtihad and its instruments. His overall view, in this sense, is simple and edifying, for he brings together all the conditions under two main rubrics. Thus, according to him, “the level of ijtihad is attained when two qualities are present:

1 – A deep understanding of the objectives (maqasid) of the Sharia.

2 – A real mastery of the various methods of deduction and extraction (istinbat) based on knowledge and understanding.

The “five essential principles” (al-daruriyyat al-khamsa) that we have already mentioned (religion, life, intellect, lineage, and property), as well as the necessary distinctions between the indispensable (daruri), the necessary or complementary (haji), and the embellishments or improvements (tahsini), constitute the framework provided by the Lawgiver to guide the research of the mujtahid and so represent the fundamental terms of reference. The mujtahid must also know which instruments he may resort to among the general maxims of fiqh, qiyas, istihsan, and soon.

From Abu al-Husayn al-Basri and his work Mutamad fi usul al-fiqh (eleventh century) to Ibn al-Qayyim al-Jawziyya with his Ilam al-muwaqqiin an rabb al-alamin (fourteenth century), numerous ulama have proposed various classifications of the qualities required and the conditions to be met in order for a scholar to be considered a mujtahid. Some believed that the first condition was knowledge of the Arabic language; others thought that what mattered above all was knowledge of the verses and ahadith that had legal significance. In spite of these divergences, which are in fact essentially procedural, since their respective conditions overlap, we may summarize the efforts of the ulama in this area in the following seven points:

The mujtahid must possess:

1- A knowledge of Arabic, which enables him to understand the Qur’anand Sunna correctly and particularly the verses and ahadith that contain rulings (ayat wa-ahadith al-ahkam)

2 – A knowledge of the sciences of the Qur’an and hadith, which enables him to understand and identify the evidence (adilla) contained in the texts and, what is more, to deduce and extract judgments from them

3 – A thorough knowledge of the objectives (maqasid) of the Sharia, their classification, and the priorities they imply

4 – Knowledge of questions on which there was ijma; this requires knowledge of the works on secondary issues (furu)

5 – Knowledge of the principle of analogical reasoning (qiyas) and its methodology (the causes [ilal] and circumstances [asbab] of a specific judgment, conditions, e.g., shurut)

6 – Knowledge of his historical, social, and political context, that is tosay, the situation of the people living around him (ahwal al-nas), the state of their affairs, traditions and customs, and so on

7 – Recognition of his own competence, honesty, reliability, and uprightness.

As we have already mentioned, numerous other conditions, in different orders, have been proposed, but these seven points more or less cover the most important qualities needed by a mujtahid. Some ulama believe that these conditions and qualifications are so advanced and demanding that it has not been possible to reach this standard since the time of the great ulama in about the ninth century. This is how they justify the pronouncement that forever closed the “doors of ijtihad” after this very rich period. Other ulama, the great majority, are of the opinion that the practice of ijtihad has been partly abandoned for historical reasons that have pressed either the political leaders or the ulama to declare that it was no longer necessary to practice ijtihad. Consequently, the doors of ijtihad have never been closed; no scholar would have had the right to make such a decision in the name of Islam because a declaration such as this is, by its very nature, against Islam. In fact, ijtihad, as the third source of Islamic law and jurisprudence, is fard kifaya, a collective responsibility.

Everyone recognizes that these conditions are demanding and that they are required for a qualified ijtihad, but they also say that these qualifications have never been beyond the reach of the ulama in recent times and up to the present. The progress that has been made in authenticating ahadith, easier access to reference works, and computer-aided classification make the work of the mujtahid easier and more effective. Consequently, the Muslim community, through its ulama, should still be fulfilling this fundamental duty today, even though it will be necessary to find a way to apply it appropriately in our contemporary context because of the new complexity of many sciences, such as medicine, technology, economics, the social sciences, and so on. Ijtihad remains the most important instrument the ulama have at their disposal to fulfil the universal vocation of Islam, through a constant dynamic of adaptation in response to the time and the context.