|
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
|
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