Ijtihad: Its Meaning, Sources, Beginnings and the Practice of Ra'y

E. Shafi’i Works On Fiqh Al-qur’an

Several Shafi'i `ulama' have attained fame for their compilations concerning fiqh al-Qur'an. Some of their works are noted below:

1. Ahkam al-Qur'an, compiled by Muhammad ibn Idris al-Shafi'i, the leader of the Shafi'i school of fiqh (d. 204/819).

2. Ahkam al-Qur'an, by Ibrahim ibn Khalid, known as Abu Tur al­Kalbi (d. 240/854).

3. Ayat al-'ahkam, by Ahmad ibn al-Husayn al-Bayhaqi (d. 458/1066).

4. Ayat al-'ahkam, by 'Ali ibn Muhammad al-Tabarsi (d. 504/1110).

5. An incomplete work by Ahmad ibn 'Ali, known as Ibn Hajar al­`Asqalani (d. 852/1448).

6. Ahkam al-Qur an, and Iklil fi istinbat al-tanzil, by `Abd al-Rahman ibn Abi Bakr al-Misri (d. 911/1505).

7. Manar al-'Islam fl sharh ayat al-'ahkam, by Ahmad Zayni Dahlin al­Hasani (d.1304/1886), Mufti of Makkah.

8. Ahkam al-Qur'an by Ahmad ibn Yusuf Samin (d. 756/1355).

F. Hanbali Works on Fiqh al-Qur'an:

Hanbali `Ulama' have also greatly contributed to this subject and compiled several treatises. Of their compilations are:

1. Ayat al-'ahkam, compiled by Qadi Abu Ya'la al-Kabir (d. 458/1066).

2. Ayat al-'ahkam, by Muhammad Abu Bakr al-Dimashqi al-Raz'i, known as Ibn Qayyim al-Jawzi (d. 751/1350).

G. Zahiri Works on Fiqh al-Qur’an.

Some `ulama' of the Zahiri school have as well written books on fiqh al-Qur'an. Of their works are:

1. Ahkam al-Qur an, compiled by Dawud ibn 'Ali al-Zahiri al-'Isfahani (201-270/816-883).

2. Ahkam al-Qur'an, by `Abd Allah ibn Ahmad, known as Ibn al-Muflis (d.324/936) .

Among the above-mentioned works, the best, perhaps, are: Qala’id al-durar fi ayat al- ahkam bi al- athar by Ahmad ibn Isma'il al-Jaza'iri from the Shi'i `ulama', and Ayat al-'ahkam by al-Jassas Abu Bakr al-Razi al-Hanafi from among the Sunni scholars. Nevertheless, some of the discussions in these works evidence certain shortcomings. God-willing, the salient features of these works will be described later.

In concluding this section of the article, it seems necessary to make a general observation concerning the jurisprudential study of ayat al-'ahkam. The thinkers of the Islamic legal schools have focused their attention and research largely on matters relating to `ibadat (rituals), in which no shortcoming is noticeable. The other areas inade­quately dealt with include: aradi (land), anfal (use of natural resources), jihad, qadawat (adjudication), hudud, qisas, ta`zirat, civil rights, eco­nomic and social affairs, etc. It is to be hoped that the `ulama' will fill this vacuum as early as possible.

Legal Deduction from the Qur'an:

The most authentic of all the sources for identifying the Divine laws is the Holy Qur'an. With regard to this fact, there is no difference of opinion whatever between Shi'i and Sunni scholars. However, in making use of this great and everlasting source, it is essential that one should have knowledge of certain prerequisite matters. Without the knowledge of these prerequisites, an effort to infer ahkam from the Qur'an will neither be productive nor indicative of correct judgement.

For properly inferring the Divine ahkam from the Qur'an, there exist certain criteria and standards, for the Qur'an has certainly entrusted mankind with the framework for answering all the legal and legislative needs of man until the Judgement's Day. Evidently, one cannot expect to find a detailed and elaborate description of the ahkam in some five hundred verses. Thus, in the Qur'anic verses we find mostly the general basic principles, which are susceptible to the derivation of particular laws. Furthermore, in many instances, it is possible to adjudge matters on the basis of an all-inclusive consideration of the Qur'anic statements of a general or specific nature, as well as its nusus and zawahir. For this very reason, deduction of a hukrn from the Qur'an requires expertise in usul and jurisprudential principles, and any novice unfamiliar with the subtleties of the revelation can hardly be expected to possess the power of deduction of the ahkam of the Shari'ah from the Qur'an.

On the other hand, it is these criteria and standards, as well as the degree of the understanding of scholars of them, that have given rise to differences among the Islamic sects in regard to the deduction of the ahkam.

Amir al-Mu'minin `Ali (A) has given a statement in this regard. He says:

On this basis, the inference of the Divine ahkam, the laws of the Shari'ah, and Islamic values presuppose sufficient knowledge of these kind of subtleties, nuances, specifics and particulars required for investi­gation and research into the meaning and significance of the Qur'anic verses. It is obvious that the different categories mentioned in the above narrations are to be found in the Qur'an, and each of them calls for meticulous and intensive study and investigation.

In this article, however, we will confine our discussion to only some aspects of the verses, zawahir al-Qur’an, muhkamat and mutasha­bihat, the takhsis (limitation) of the general statements of the Qur'an by khabar al-wahid, and some other issues.

The Authority of Zawahhir al-Qur'an:

That zawahir (literal meanings) of the Qur'an have authority (hujjiyyah), in that laws can be deduced from the same, is something to be recognized at the outset. The Akhbhris did not consider the zawahir of the Qur’an as a valid basis for action for anyone except the contemporaries of the Holy Prophet (S). They exclude even those who were not present during the period of revelation in Madinah. They believed that the zawahir had authority only for those whom the Qur'an was orally addressed to.

They held the conviction that the Qur’an is unlike other scientific books, whose authors generally do not have any specific audience in their minds, having only the exposition of their ideas in view. On the contrary, the Qur’an involves particular addressees to whom it speaks (elsewhere we have discussed the invalidity of this view and given answers to some of the doubts raised by the Akhbaris).

The Usulis on their own part have advanced elaborate arguments upholding the validity of the Qur'anic zawahir.

Muhkamat and Mutashabihat:

The Qur'an itself expressly states that its verses are divisible into two groups: muhkamat and mutashabihat (3:7). Since the faqih has to deal with both the kinds in the process of istinbat (legal deduction), it is necessary to discuss even if in passing the nature of the two. The term `muhkam' is derived from `ihkam', signifying something that is stable, and firmly established and is not vulnerable. Accord­ingly, the muhkamat are verses which are clear and firm, easy to under­stand without requiring any special investigation and research.

When different components of something have similarity and are of an ambiguous or complicated kind, it is called `mutashabih'. Like­wise, verses with ambiguous meaning and susceptible to various prob­abilities are called mutashabihat. Their comprehension is not easy with­out close examination and investigation in depth. To quote a tradition in this regard:

Abu `Abd Allih (al-'Imam al-Sadiq) (A) was asked about the muhkam and the mutashabih. He said: "Muhkam is that upon which we act, and mutashabih isthat which appears ambiguous to one who is ignorant of it (i.e. of the exact import of the verse). (Bihar, vol. 92,p.382)

In the above narration, (to one who is ignorant of it) signifies a fine distinction. It indicates that the mutashabihat are not unclear to one and all, including the Masumun (i.e. the Prophet [S], Fatimah [ A] and the Imams [ A] ). The "mutashabihat" are so called because of the difficulty that most people face in understanding the verses. Al-'Imam al-Shdiq (A) has also pointed out that:

...The muhkam is that which is acted upon, and the mutashabih is that some of which resembles some other. (Bihar, vo1.92, p.383)

In any case, it is obvious that derivation of ahkam is easier in the case of muhkamat. As for mutashabihat, much effort is needed, involv­ing the referring of Sunnah to muhkamat. Al-'Imam 'Ali ibn Mush al­-Rida (A) has said ...One who refers the mutashabihat of the Qur'an to its muhkamat is guided to the path. (Bihar, vo1.92, p.377 ).

The muhkamat verses are not only clear in themselves, but also help in the interpretation of the other verses. From this point of view, they have been called `umm al Kitab"(lit. the mother of the Book), for the muhkamat form the foundation of the other verses.

Why Mutashabih Verses?

Considering that the Qur'an is the basic source as well as the pri­mary reference for deriving ahkam, a question may possibly arise in one's mind as to why not all the verses of the Qur'an have been revealed as muhkamat. In that event, there would have been less differences among the jurisprudents and their fatwas (decrees). Further, it may be argued that, especially since the Qur'an is the book of enlightenment and guidance for all mankind and for all ages, not merely a source for the derivation of ahkam, it would have been followed without errors or deviations, arising from its misinterpretation, had its verses been entirely muhkamat.

In answer to the question mentioned above, certain reasons have been suggested by scholars. Some of these are noted below:

1. AI-Shaykh al-Tusi, in his tafsir, Tibyan (p. 11), has said: "Wis­dom has required that the Qur'anic words and phrases be used in a way that their understanding should require investigation, effort and exer­tion, so as to result in the growth of knowledge." That is, since human development and growth, on the level of the individual as well as of society, is a law of God embedded in nature, God has set forth the verses of the Qur'an in such a profound and rich fashion so as to afford human beings to benefit from them and seek inspiration from them in step with their growing intellectual, spiritual and material needs in their individual and social lives, and thus traverse the Divinely-envisaged path of development and perfection without encountering any stagnation.

2. The mutashabih verses, by their very existence in the Qur'an, point towards the need that people have for the Prophet (S) and his Successors (A). That is, they cause the people to make recourse to them for necessary clarifications, in the manner of pupils approaching their teachers for the solution of their difficulties. Amir al-Mu'minin (A) has said: "God has set forth the Qur'an in three categories: muhkam, mutashabih, and mujmal, so that the truth should be distinguished from falsehood through the means of the Prophet's Successors."

The importance of what has been stated above becomes clear when we realize the essential need for the Imam's existence and its impact on the growth of humanity and Islamic society. Furthermore, it is realizable by referring to the Qur'anic verses and traditions concern­ing Imamate and the need for the leadership of society. It is equally re­cognizable in the light of the realities of human life and the past and contemporary history of human societies in general and of Islamic countries in particular.

The role of an imam, or leader, in guiding or misguiding mankind is not to be denied. God, in order to set apart the righteous leaders, who guide towards light, from those who lead into darkness, and to enable people to distinguish between them on the basis of clear criteria, so that they may elect to follow the righteous leaders, has set forth some of the Qur'anic verses in such a fashion that none other than the Infallible Imams or the Prophet have the requisite capacity of under­standing and elucidating them. This fact has been instrumental in prompting believers to seek understanding of the Qur'anic meanings from them. The people's other profound requirements, too, were answered in this process. This fact has been indicated in the hadith from Amir al­Mu'minin (A).

Amir al-Mu'minin (A) was asked concerning the exposition of muhkam (verses) of the Book of God Almighty. He said: "As to the muhkam (verse) which has never been abrogated by any other verse of the Qur'an is the utterance of God Almighty: 'It is He Who sent down upon thee the Book, wherein are muhkam verses that are the umm al-Kitab, and others are mutash­abih. Verily, the people have perished on account of the mutashabihat, for they did not understand their meaning and reality. Thus they fabricated their ta'wilat themselves, in accordance with their own opinions, seeking thereby to be able to do without the Awsiya' (the Prophet's Successors, i.e. the Imams)." vol.93, p.12)

The last sentence of the above tradition indicates that for under­standing the mutashdbihdt the followers of Islam cannot do without the Awsiya' (A) of the Prophet (S) and that they should refer to them.

3. Some of the mutashabihat pertain to the realms of Resurrection and the Hereafter, which are beyond human experience and thought; hence their obscurity is something natural and inevitable.