In its literal sense, “Ijtihad” derives from the Arabic root "juhd," meaning "effort" or “exertion.” Technically, in the realm of Islamic jurisprudence (Usul al-Fiqh), Ijtihad refers to the process through which a qualified jurist (mujtahid) exerts intellectual effort to derive legal rulings on issues not explicitly addressed in the Qur’an or Sunnah.
The famous classical definition given by Imam Al-Ghazali states:
Ijtihad is the exertion of effort by a jurist in order to arrive at a probable ruling from the detailed sources of Shariah.
Ijtihad is not anarbitrary interpretation. It is a disciplined process that requires deep knowledge of the Arabic language, Qur’an, Hadith, consensus (Ijma), analogy (Qiyas), and objectives of Shariah (Maqasid al-Shariah). The jurist must also possess the ethical and intellectual integrity to remain unbiased and committed to the higher objectives of Islam.
Historically, Ijtihad was a driving force behind the development of the four major Sunni schools of thought: Hanafi, Maliki, Shafi’i, and Hanbali. Renowned jurists like Imam Abu Hanifa and Imam Shafi’i were themselves master mujtahids who developed legal methodologies to address complex societal issues based on Quranic guidance and prophetic traditions.
Follow Cssprepforum WhatsApp Channel: Pakistan’s Largest CSS, PMS Prep Community updated
Led by Sir Syed Kazim Ali, Cssprepforum helps 70,000+ aspirants monthly with top-tier CSS/PMS content. Follow our WhatsApp Channel for solved past papers, expert articles, and free study resources shared by qualifiers and high scorers.
The Historical Decline and Stagnation of Ijtihad
Despite its foundational role, Ijtihad faced gradual stagnation during the later centuries of the Islamic world. Many scholars declared the "closure of the gates of Ijtihad" (insidad bab al-ijtihad) around the 10th century, fearing that unrestricted reasoning might lead to deviation from authentic teachings. The practice of taqlid, blind following of earlier jurists, became widespread.
While this was done to preserve legal integrity and avoid chaos in interpretation, it also led to intellectual rigidity. Muslim societies were increasingly governed by inherited legal positions, some of which were no longer fully suited to the evolving social, economic, and technological realities.
The Revival of Ijtihad: A Contemporary Imperative
In the modern era, Muslim societies face unprecedented challenges that classical scholars could not have imagined such as organ transplantation, artificial intelligence, gender reassignment, Islamic banking, climate change ethics, and digital privacy laws. Addressing these complexities requires fresh legal insights rooted in Islamic principles but responsive to present-day realities.
Hence, Ijtihad has been revived as a crucial tool for renewal (Tajdid) in Islamic law, especially among scholars, academic institutions, and global Islamic councils.
1. Ijtihad in Islamic Finance and Economics
Modern Islamic finance relies heavily on Ijtihad to create Shariah-compliant products such as Murabaha (cost-plus financing), Sukuk (Islamic bonds), and Takaful (Islamic insurance). Classical texts contain no direct rulings on stock markets, cryptocurrencies, or e-commerce. It is through collective Ijtihad by Fiqh councils that such instruments are developed, ensuring financial integrity without compromising on Islamic values.
2. Ijtihad in Bioethics and Medical Advancements
Issues like IVF, genetic engineering, cloning, and euthanasia raise moral and legal questions not explicitly addressed in classical Fiqh. Jurists today use Ijtihad to apply Quranic principles of preservation of life, dignity, and harm reduction to formulate rulings. For example, organ donation is permitted in many parts of the Muslim world through modern Ijtihad, balancing between necessity and preservation of life.
3. Ijtihad and Women’s Rights
Contemporary scholars have used Ijtihad to revisit traditional rulings on women’s participation in public life, education, and leadership. By distinguishing cultural practices from core Islamic values, Ijtihad has helped affirm women's rights to education, economic participation, and legal autonomy while staying within the framework of the Qur’an and Sunnah.
4. Ijtihad and Environmental Ethics
With growing environmental crises, Islamic thinkers have drawn upon Ijtihad to extend the Quranic concept of Khilafah (stewardship) and Israf (wastefulness) to contemporary issues like deforestation, plastic pollution, and renewable energy. This has led to the rise of Islamic environmental ethics, a field unknown in classical Fiqh but crucial today.
5. Ijtihad in Governance and Human Rights
Modern Islamic states and institutions have also turned to Ijtihad in shaping democratic governance, human rights, and civil liberties, aligning constitutional frameworks with Shariah. Shura (consultation), Maslahah (public interest), and Maqasid (objectives) are invoked to build inclusive, just, and moral political systems.
Conditions and Limitations of Contemporary Ijtihad
While Ijtihad is indispensable, it must be approached with responsibility. Only scholars with mastery of Islamic sciences and moral uprightness should engage in it. Moreover, Ijtihad must not contradict clear injunctions of the Qur’an and Sunnah, nor be used to suit personal or political agendas. Also, collective Ijtihad (Ijtihad Jama’i) is now preferred, where scholars of different fields (Shariah, medicine, economics, sociology) collaborate to produce well-rounded rulings. This avoids isolated errors and better reflects the complexity of modern problems.
Ijtihad is not just an intellectual exercise; it is the lifeblood that keeps Islamic jurisprudence relevant, dynamic, and adaptable. While the Qur’an and Sunnah remain constant, Ijtihad allows for their practical application across different times and contexts without compromising the essence of divine guidance. In an age of rapid change, Muslim societies must encourage qualified Ijtihad to meet new challenges with confidence, clarity, and creativity. It is through this process that Islamic law can continue to offer holistic, ethical solutions for humanity, just as it did in its golden age. Therefore, reviving Ijtihad is not a threat to tradition; it is a return to its truest spirit.
