Allama Iqbal's lecture on Islamic laws

Ijtihad

Definition:

          Ijtihad has been defined differently by various Muslim scholars, but, the basic ingredients or elements are almost the same. Iqbal also defines it.

          “Ijtihad is the Reconstruction of religious laws in accordance with modern thinking and experience.” (Iqbal)

Evolution and development of Ijtihad:

          Islam rejects the static concept of the universe and offers dynamic theory mostly based on the concept of Ijtihad which means reconstruction of Islamic laws and values in accordance with modern thinking and experiences gained by the scholars. The  Holy Prophet (PBUH) stressed his followers to make Ijtihad and get the faced problems solved. He (PBUH) advised HazratMu’adh(R.A) to follow Islamic laws in solving problems and making decisions, if these laws did not guide then follow the principle of Ijtihad and your personal experiences. HazratMu’adh(R.A) followed the guide line of the Holy Prophet (PBUH) and judged the affairs in Yemen wisely. The four caliphs promoted the principle of Ijtihad, especially Hazrat Umar (R.A) administration and decisions promoted Ijtihad .Further , Islamic scholars, especially Hazrat Imam Abu-Hanifa developed the practice of Ijtihad. There are four schools of thoughts regarding Ijtihad or Islamic Fiqh.

1)   Hanfi

2)   Maliki

3)   Shafi

4)   Humbli

All titled to the names of their founding scholars (i.e) fiqhins.

Reasons behind stoppage of Ijtihad

          There are different reasons behind stoppage of Ijtiad. Three important reasons are as under:

1)   Rationalist Movement   2)Asertic Sufi-ism   3)Fall of Baghdad

1)   Rationalistic or Mutazilities(Isolationists)

          Rationalism is the attitude of appealing to reason so the fundamental justification of knowledge on beliefs. According to imad-aldin al-jubouri describes that the rationalist movement focused on the disputes among early Islamic scholars about the limits of what can known through science and rationality. These rationalistic scholars also named as Mutazilities means isolationists. The movement started about half of the century. Some important scholars of this school of thought are

i)                  Mabad al-juhni(702), al-Judibn(721) and JahnIbnSafwan(745).  The famous Abbassaid Caliph Haroon-ur-rashid was also reported to be a Mutazilatie. Three important features of this movement are:

1)   Denial of fate.

2)   Denial of attributes of Allah.

3)   Denial of the Qur’an (i.e) the Qur’an is created.

WasilIbn Ata (699-749) founded Rationalists school in Basra to teach the Muslims new methods of thinking. The Abbassaid Caliphate tried to save their political stance and opposed the Mutazilities and crushed them with iron hands.

2)   AscertiveSufi-ism

According to the religious point of view, Sufi-ism is an independent behavior and connected with rationalism. It, later on developed into a complete aloofness from the world which resembled to the priesthood of Christianity. HazratSuffiyanSorri proved a revolutionary against the mere verbal litterily controversies of Islamic scholars of earlier period.

3)   Fall ofBaghdad.

The Mongols under command of Hulaqukhan, besieged Baghdad in 1258. He capurted the city on 29^th January, sacked it, looted general masses, destroyed the libraries including the “house of Wisdom.” The mongols also massacred the residents for 21 days until February 10 1258. They did not capture the caliphate but it was the end of Golden Islamic Age. It is considered the biggest reason for the stoppage of Ijtihad.

Sources of Ijtihad

1)   The Qur’an.

2)   The hadith

3)   Ijmaa

4)   Qias

These recognized sources clear out the possibilities of Ijtihad.

Ijmaa:

The third most important source of Ijtihad is Ijmaa. It is the principle of Unification/integration of Ulemaor religious scholars on some definite issue of the Islamic laws (Fiqh). According to Iqbal, it is the most fundamental theory, but, alas, it was not developed and remained only theoretical, especially due to the dictator ship after the fourth poise Caliph. Presently, Ijmaa is reconsidered as the basic spirit behind developing the democratic attitude and establishing the constitutional assemblies in the Muslim World. The west also based its political experiences on it. Most of the western scholars considered it mistakingly as the cancelation of the Qur’an, whereas it never means as, rather, according to Imam Shatbi, it the extension of or revival of application of any Qur’anic law. It will not be an authority to cancel any Qur’anic law or even to replace it with another. Ijmaa was the unified application of Qur’anic laws by Sahaba (R.A) the followers of the Holy Prophet (PBUH)

Iqbal views of Ijthad (current situation)

According to Iqbal, the dynamic theory or spirit in Islam, is Ijtihad. The fourth source of Islam, law (i.e) Qiyas, has been turned into Ijtihad, under shafi school of thought realy absorbed the controversial debates in it and made themselves free in fundamental principles, especially Imam Abu Hanifa himself  did this great service and mide Hanifiz having creativity, but, the later scholars applied the interpretations of their founders as eternal and proved static. According to Iqbal the lock or stoppage of Ijtihad is only a fiction. The modern Islam would not confined itself to make its rationalistic independence stopped, because, interpretations the Qur’an and Ahadith are widespread now and a lot of material/sources are available for modern scholars. The revival of Turk after WorldWar1, is an element of Islamic revival. According to Iqbal the European Idealism have nothing vital for social life. They are only intolerable democracies which are selfish in origin and these are exploiting the poor. The present Europe is the main (hindrance in moral or ethical development of man. Whereas the Muslims who have absolute faith in Wahi and such beliefs which may change their appearance as well reality and prove as the spiritual foundations, and for these even a layman muslim can sacrifice his life. Islam according to Iqbal, on the very bases of this theory that there is no more need of ‘Wahi’ can be proved as the most free and redemptive religion and the muslims as Ummah. Iqbal stresses that we, the Muslims must understand it and reconstruct our social lives on the very fundamental principles so that spiritual Democracy can be established.

     Islam encourages Ijtihad, Which is indeed, the dynamic concept of society, culture and political system. It was the most acceptable debates for Islamic laws among Sahabas (R.A) and according Hazrat Imam QaziShokani, it was allowed in the holy life of Prophet Muhammad (PBUH). These are clear examples from which it can be proved that the Holy Prophet(PBUH) encouraged Ijtihad. For example, the appointment HazratMu’az (R.A) for Yaman.