Thursday, February 9, 2012

Islamic Jurisprudence Ijtihadand Part 2 Ijtihad:‘meanings,‘application‘&‘scope


pain and fear. Therefore utilization of different ways, means
and resources will be considered exactly in accordance with
Shari%a in every age for this purpose. The details of law and
demands of social life consist in the fact that the need of law
is felt in a civilized society because it serves as an instrument
for protection of moral and social values. There are three
preconditions for
establishment,
survival,
solidarity
and
evolution of such a society
1
.
Growth of human personality
2
.
Completion of social structure/order
3
.
Environment control
There are several aspects of human personality of which
biological aspect is one with three demands namely food,
clothes and shelter. If these demands are not met, personality
cannot
develop
biologically.
The
ambition,
greed
and
miserliness in
a society
are a stumbling block
in
the
fulfillment of these demands. Islam necessitates their removal
to ensure the fulfillment of biological needs of
human
personality. Another aspect of human personality is the socio-
biological aspect, which involves matrimony and procreation.
No healthy society can remain absolved of the fulfillment
of these demands as long as it does not lose sight of moral
excellence of the concept of the chastity. Another aspect
known as the socio-cultural aspect demands that society
undertakes the responsibility of education of society and its
economic development. No civilized society can abstain itself
from fulfilling this demand nor can it be saved from the
decline by such an abdication of responsibility. Psychological
aspect of
human
life emphasizes the proportional and
harmonious growth of emotion, determination and perception.
The psychical aspect warrants complete harmony among
consciousness,
sub-consciousness
and
unconsciousness.
Without this harmony, neither can mental balance of man be
maintained nor can his character be developed on the right



Ijtihad:‘meanings,‘application‘&‘scope
26
lines. All psychopathology generates from negligence of this
aspect.
The demands of another aspect of human life known as
transcendental aspect can be met through a struggle waged for
the establishment of an ideal society, religion, art, morality
and knowledge. What guarantees the growth of all aspects of
human life is the positive response to the sociological
structure. The establishment of societal institutions, their
organization and disciplined persistence depends upon a
system of lawful injunctions and negative imperatives, which
serves as a shield for the protection of human values. This
serves the
purpose of
reconstruction,
reformation
and
modernization of law.
The third precondition relates to environment control.
Environment is of two types i.e. natural and human. Science
and technology
are the means to conquer
the natural
environment. Human environment has two sides namely
hostile side and favourable side. The favourable human
environment is brought under control through profitable
policies and practices while hostile human environment is
conquered through profitability and benevolence after gaining
its control by coercive ventures. When these preconditions are
met in a society, environment is geared for a culture to
develop and grow.
Culture has three patterns namely ideational culture,
sensate culture and idealistic culture. According to P. A.
Sarvokin, !Islamic culture is the ideal culture". Every pattern
of culture is three-layered.
Firstly the philosophical aspect deals with questions like
what is knowledge and how can it be acquired? What is the
status of knowledge and what is its highest ideal? The second
aspect
of
culture
is
orientational
aspect
based
upon
mechanism to achieve the ideal identified by the philosophical
facet. It paves the way for the establishment of the societal



Ijtihad:‘meanings,‘application‘&‘scope
27
institutions, which are an instrument to achieve the ideal. The
completion of sociological structure is the precondition to
organize its action under which culture develops itself.
The code of conduct established to organize the action of
societal institutions can protect the societal benefits accruing
from them as long as forces of life do not register any change.
Since life is a dynamic entity, therefore, the forces are bound
to undergo change. If changes occur, the code of conduct that
was put in place previously to organize and control functions
of societal institutions fails to protect the values of life. This
necessitates that the means and resources adopted to achieve
the national ideal or orientational aspect be reviewed to
determine as to how much they can be effective in obtaining
the required
results.
This
critical
assessment
is
called
evaluational aspect and in the language of Islamic law, it is
known as  ijtihad, whose precedents can be found from the
times of the rightly guided Caliphs to later periods of Muslim
empire.
It dawns upon our consciousness in the light of the Holy
Book and the Sunna that the ideal which initiates and fosters
growth of higher values of life in human personality and
societal structures is determined by the Holy Book and Sunna.
The Holy Qur an and Sunna not only set the ideal but also
work out strategy to achieve it. As long as the sanction of
power of enforcement backs the strategy, worthwhile results
are produced. But when law is deprived of the ruling power,
neither can the system of law fulfill the demands of life nor
can it protect the values of life.
This is the stage where reconstruction of law is required
and need of ijtihadbecomes essential so that values of life can
be protected again through the employment of effective law
and the function of societal institutions may be controlled and
organized. Because it is in this way that the evolutionary
dynamism could continue towards collective ideal of life. It



Ijtihad:‘meanings,‘application‘&‘scope
28
should be kept in view here that at the time of Ijtihad, the
determination of ideal and its strategy should be worked out
in the light of teachings of the Holy Qur an and Sunna. As
Allah Almighty says in the Holy Qur an:


.
“We’have’designed’for’all’of’you’a’discrete’law’(ideal)
and all-embracing way of life (strategy)."
1
Reference to the Holy Qur an and Sunna is imperative
since due to change in the forces of life and mantle of
leadership
of
political and economic revolution having
abandoned Muslims, a demand may arise to conduct ijtihad‘to
create harmony with the changed circumstances. Such a
viewpoint may frustrate the collective objectives and interests
of Islam but can not visualize any betterment. We should not
lose sight of the fact in this respect that revival and
reconstruction of later period of the Muslim Umma can be
accomplished in the same manner as it was perpetrated in the
early days. I feel no hesitation in saying that instead of letting
ourselves be dictated by circumstances, we should conduct
ijtihad‘ to‘make‘our‘ideal‘shape‘circumstances.‘This‘feat‘can
not
be
accomplished
without
a
spiritualizing
and
revolutionary ideal.
At a time when the values of human life stand degraded
and blessings are turned into curses, no imposition of any
legal order can reverse the circumstances because the function
of law is not to revive the dying values of life but to protect
the present set of living values.
So in order to protect the traditions and values, the
precondition is their antecedence in the society. So with a
viewto reviving the dying values and to achieve the ultimate
ideal, we will have to bring about a comprehensive revolution
1
.
Qur an (al-Ma’idah), 5:48.



Ijtihad:‘meanings,‘application‘&‘scope
29
in our social life through employment of ijtihad. It is after this
stage that the implementation of Islamic law could guarantee
the protection of these values and their growth. Guidance can
be sought from the Holy Qur an, the Sunna, practices and
customs of the holy companions and consensus of the Umma
etc.
This principle, which enjoys the consensus of jurists of
the Umma, comprehensively represents the need of  ijtihad
that !the change in the circumstances and time warrants
change in Jurisprudence". To us, this principle of Islamic
jurisprudence is the basis of establishing the institution of
ijtihad‘ and‘it‘is‘by‘invoking‘this‘precept‘that‘the‘leading
pioneer
jurists
and
their
successors
have
been
doing
legislation in view of the new problems and issues of their
respective eras. That is ijtihad, a vital legislative instrument
of Islamic laws that guarantees the revival of Islamic culture
and civilization till the end of time.
After having discussed the need and significance of
ijtihad‘ in‘the‘light‘of‘present-day‘ground‘realities,‘we‘now
move onto the more specific issues related to ijtihad‘including
its definition, structure, scope and see as to how ijtihadcan be
done and what are the practical problems in its way

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