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Ijtihad and Legal Pluralism: Navigating Diversity in Contemporary Islamic Law

Miss Ayesha Irfan

Miss Ayesha Irfan, an expert Islamiat coach, guides students with deep insights.

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5 August 2025

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Ijtihad, or independent reasoning, is a foundational tool of Islamic jurisprudence that allows qualified scholars to derive legal rulings on matters not explicitly addressed in the Qur’an and Sunnah. Far from being a relic of the past, Ijtihad is essential for the survival and adaptability of Islamic law in the modern world. This editorial defines Ijtihad, traces its historical evolution, and explores its methodological requirements within Islamic Fiqh. It then highlights its relevance in dealing with new socio-political, technological, and ethical challenges. By reviving Ijtihad within scholarly and institutional frameworks, Muslim societies can harmonize divine guidance with contemporary realities, ensuring that Islamic law remains both authentic and practical.

Ijtihad and Legal Pluralism: Navigating Diversity in Contemporary Islamic Law

The term Ijtihad is derived from the Arabic root “j-h-d,” meaning to exert effort or struggle. In legal terminology, Ijtihad refers to the process by which a qualified jurist (mujtahid) strives to derive legal rulings from the sources of Islamic law when no clear text from the Qur’an or Hadith exists. It is a method of exercising scholarly judgment in the interpretation of Shariah. Ijtihad is not based on personal opinion or convenience but on rigorous scholarship, linguistic analysis, and contextual understanding. As such, it requires deep knowledge of Arabic, Qur’anic sciences, Hadith, principles of jurisprudence (Usul al-Fiqh), and the objectives of Shariah (Maqasid al-Shariah).

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Scriptural Basis for Ijtihad

While the Qur’an does not use the word Ijtihad explicitly, its teachings strongly support the use of reason and reflection. Allah commands: “Do they not reflect upon the Qur’an?” (Surah An-Nisa, 4:82). Likewise, in Surah Al-Zumar, it is stated: “So give good news to My servants who listen to speech and follow the best of it. Those are the ones Allah has guided...” (39:17–18). The Sunnah also provides direct support for Ijtihad. When the Prophet (PBUH) appointed Muadh ibn Jabal as governor to Yemen, he asked, “How will you judge?” Muadh replied, “According to the Book of Allah. If I do not find the answer there, then by the Sunnah of the Messenger. If I do not find it there, I will exert my own reasoning.” The Prophet approved this method, validating Ijtihad as a legitimate source of Islamic law.

Conditions and Qualifications of a Mujtahid

Not every person is qualified to perform Ijtihad. Islamic scholars have outlined stringent conditions for someone to be considered a Mujtahid:

1. Mastery of Arabic language and grammar.
2. Deep understanding of the Qur’an and Sunnah.
3. Knowledge of abrogating and abrogated verses.
4. Familiarity with the objectives of Shariah (Maqasid).
5. Proficiency in Usul al-Fiqh (principles of jurisprudence).
6. Awareness of consensus (Ijma’) and previous juristic opinions.

Only those meeting these criteria can perform Ijtihad responsibly, ensuring the integrity of Islamic law is upheld.

Historical Significance of Ijtihad

Throughout Islamic history, Ijtihad played a crucial role in expanding and applying the Shariah. The four Sunni schools of law, Hanafi, Maliki, Shafi’i, and Hanbali, were themselves products of intense scholarly Ijtihad. Imam Abu Hanifa relied heavily on reasoning (ra’y) and analogy (qiyas), while Imam Malik used the practice of the people of Madinah as a source. Imam Shafi’i developed the methodology of Usul al-Fiqh, and Imam Ahmad emphasized strict adherence to Hadith. During the golden age of Islamic civilization, Ijtihad allowed jurists to legislate on trade, governance, medicine, and civil administration. This flexibility allowed Islamic law to flourish across diverse cultures and regions.

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The Decline of Ijtihad and Rise of Taqlid

From the 10th century onward, many scholars began to believe that the “gates of Ijtihad” had closed, due to the fear of heretical interpretations and political pressures. This led to a reliance on Taqlid (imitation), where jurists followed the established rulings of earlier scholars without fresh interpretation. While Taqlid preserved legal consistency, it also stifled intellectual growth and limited the ability of Islamic law to respond to new challenges. This rigid legalism contributed to a stagnation in jurisprudential thinking, particularly during colonial and post-colonial periods, when Muslim societies needed renewed engagement with modern realities.

Contemporary Need for Ijtihad in Islamic Fiqh

In today’s rapidly changing world, the revival of Ijtihad is not optional, it is necessary. Muslims face novel issues in bioethics, finance, international law, climate change, artificial intelligence, and human rights. Questions about organ donation, cryptocurrency, digital contracts, and gender roles cannot be answered by referring solely to classical texts. These require ijtihadi solutions grounded in the objectives of Shariah. Institutions such as the Islamic Fiqh Council and Al-Azhar University have re-emphasized the role of Ijtihad in contemporary jurisprudence. The key is to ensure that this process remains in the hands of well-qualified scholars and is carried out within the ethical and epistemological boundaries of Islamic tradition.

Maqasid al-Shariah and Modern Ijtihad

Modern Ijtihad must be guided by the higher objectives of Shariah—Maqasid—which include the protection of religion, life, intellect, lineage, and property. These objectives offer a moral and legal framework through which jurists can evaluate modern situations. For example, promoting public health through vaccination or environmental sustainability aligns with the objective of preserving life. Islamic finance, through the prohibition of riba (usury), aims to protect economic justice. By interpreting new realities through Maqasid, Ijtihad ensures that Islamic law remains a source of benefit and mercy for all humanity.

Balancing Innovation and Orthodoxy

A major challenge for contemporary Ijtihad is maintaining a balance between innovation and orthodoxy. While it must respond to new realities, it cannot deviate from foundational principles. Scholars must avoid both extremes: rigid literalism that ignores context, and unchecked liberalism that dilutes Islamic identity. The Prophet (PBUH) said, “The best of affairs are those that are moderate.” Hence, a sound process of Ijtihad requires not only intellectual rigor but also spiritual sincerity and communal responsibility. Ijtihad should be viewed as a collective effort by qualified jurists, rather than individual speculation.
Thus, Ijtihad is the dynamic spirit of Islamic jurisprudence that bridges revelation and reason. Far from being a relic of the past, it is an enduring mechanism that ensures Islamic law remains relevant, adaptive, and compassionate. In an era of rapid transformation, the revival of Ijtihad under scholarly and institutional guidance is essential for guiding Muslims through ethical dilemmas, legal complexities, and societal challenges. Anchored in the Qur’an, Sunnah, and Maqasid, Ijtihad has the potential to reclaim Islam’s intellectual legacy and offer holistic solutions to modern problems. As long as it is practiced with humility, precision, and adherence to divine principles, Ijtihad will continue to illuminate the path for future generations.

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5 August 2025

Written By

Miss Ayesha Irfan

BS (Hons.) Zoology

Author | Coach

The following are the sources used in the editorial “Ijtihad: Reviving Independent Reasoning in Contemporary Islamic Jurisprudence.”

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