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

Qur'anic Exegesis Through Khabar Al-wahid

Having made a cursory appraisal of the topic of takhsis through khabar al-wahid, that of interpreting the Qur'an through khabar alwahid too may be discussed here. Some believe that such tafsir is not permissible. They reason that the authority and reliability of khabar al wahid is confined to the deduction of the practical laws of the Shari'ah. But whenever a khabar al-wahid concerns doctrinal issues or pertains to the historical events and anecdotes (qisas) mentioned in the Qur'an, or concerns matter of social or moral significance, the grounds justifying reliance on khabar al-wahid are not valid in such cases.

Since many Qur'anic verses pertain to issues other than those concerning the ahkam, many traditions relating to tafsir pertain to such issues. Accordingly, it can be concluded that, on the whole, Qur'anic exegesis through khabar al-wahid is not lawful, except in the case of Ayat al-'ahkam, which constitute nearly one-sixth of all the verses.

In contrast, many of those who accept the hujjiyyah of khabar al-wahid also accept its general applicability for the purpose of interpreting the Qur'an as well. In this regard, they do not make a distinction between ayat al- ahkam and other verses. According to their reasoning, the practice of rational people (sirat al-`uqala) can be the best testimony for the support of this viewpoint. This is because in the same way as rational people accept definite proofs and mutawatir reports, they also accept reliable proofs creating probability (dalil zanni). Of course, if a khabar al-wahid is not reliable, it cannot be used for interpreting the Qur'an. This is because, firstly, following a dalil zanni of an unreliable kind is not permissible. Secondly, to ascribe something to God without any justification is tantamount to ascribing a falsehood to Him, which is reckoned as an unforgivable sin. Thirdly, there are many ahadith which forbid tafsir based on subjective opinion (ray), and those who indulge in it have been threatened with chastisement.

In view of the foregoing, Qur'anic tafsir is lawful only when it is carried out with reference to traditions which are mutawatir, or in accordance with a definite proof or a khabar al-wahid of established reliability. Qur'anic exegesis through unreliable traditions amounts to interpreting it in accordance with one's subjective judgement and ascribing a falsehood to God, and this is prohibited. The point around which all these judgements revolve is the essential need for safeguarding the Qur'an as the source of all religious knowledge and teachings. Just as the Qur'an has sanctity and credibility, its exposition and explanation too should bear a seal of reliability.

Role of Exegesis in Legal Deduction

No doubt, the difference of viewpoint regarding Qur'anic tafsir has a significant effect upon the process of a jurisprudent's deduction of ahkam from the Qur'an. Hence a mujtahid cannot afford to be unfamiliar, in the course of his work, with tafsir and its historical development (to the extent that it has a bearing on legal deduction). Researchers in the field of Qur'anic studies have identified three separate areas for the sake of classifying and systematizing these studies:

`Ilm al-tajwid, dealing with phonetics and the pronunciation of consonants and vowels. 2.`Ilm al-qira'ah; dealing with words, their syllabication and composition and the techniques of recitation. 3. `Ilm al-tafsir, dealing with the meanings of words, the historical circumstances of the revelation of verses (asbab al-nuzul), etc. Discussions regarding nasikh and mansukh, and muhkam and mutashabih also relate to `ilm al-tafsir. Researchers in Qur'anic sciences have compiled various books and treatises in this field. However, for reasons of space, we shall refrain from mentioning them here.

The Mode of Revelation:

The temporal aspect of the Qur'an's revelation, too, has received attention among the topics of discussion pertaining to Qur'anic studies. However, it is difficult to visualize any effect of the aforesaid topic on the process of legal inference from the Qur'an.

Some are of the opinion that the Qur'an was revealed all at once and completely, although the Holy Prophet recited the same in parts in different contexts. Some others believe that the Qur'an was gradually revealed over a period of time, and its revelation, being in the temporal order of its communication, was also gradual. Some of the verses, like those of the Surat al-Qadr, apparently confirm the first view, and some others, like verse 106 of Surat al-'Isra; are compatible with the theory of gradual revelation. Be that as it may, this question does not significantly affect ijtihad and the understanding of the Qur'an, for it is an established fact that the Prophet (S) conveyed the Qur'anic verses at different times and on various occasions and recited them to the Muslims at Makkah and Madinah over a period of time. The time, place and circumstances of revelation, however, do help in the process of understanding the Qur'in. But the question as to whether or not the verses were revealed at one time and completely or gradually and in parts does not make any difference. Accordingly, we refrain from further discussion in this regard.

Makki and Madani Verses:

The division of the Qur'anic vers6s into Makki and Madani is also a topic of discussion in the Qur'anic studies. It does considerably affect the understanding of the Qur'an and the Lawgiver's intent, and consequently the deduction of ahkam. Experts and researchers have considered twenty of the Qur'anic surahs as Madani. Opinions differ in respect of twelve surahs and the remaining surahs have been reckoned as Makki.

Some investigators have sought for the distinctive characteristics of Makki and Madani surahs. A close study of these qualities will indicate the historical order of the exposition of different ethical, spiritual, doctrinal and ritual issues. Al-`Allamah al-Suyuti has specified some special features of Makki surahs, as follows:

The Makki surahs contain verses that mention sajdah (prostration).
The name 'Makkah' occurs in some of them.
The phrase `O people,' is used therein to address the Muslims in general.
The stories of the prophets and of past peoples, as well as the episode of Iblis (with the exception of Surat al-Baqarah), are narrated therein.
The surahs begin with what are called al-huruf al-muqatta`ah such as etc.

The presence of these characteristics indicates that a surah is Makkan. There are, of course, other characteristics of Makkan surahs that have been pointed out, such as the shortness of the surahs and verses, powerful phrases and expressions, reference to doctrinal issues, the recurring oaths, arguments addressed to the idolaters and so on. But these characteristics are not generally applicable, though they may be of assistance to the researcher in pursuit of a more definite viewpoint.

The Different Readings:

Another subject relevant to the study of the Qur'an and legal deduction is the difference of readings. There are three matters that need to be studied in this regard. (a) The reasons for the emergence of the various readings.

(b) The identification of reliable and more common readings, both from Sunni and Imami viewpoints.

(c) The effect of the difference of readings on the understanding of the verses and the Lawgiver's intent and, as a result, on the deduction of ahkam.

a. The Reason Behind Variant Readings:

At the outset when the Qur'an was collected and compiled, the scribes and copyists wrote the text without using any diacritical points or marks. They relied on their familiarity with the text for correct reading. However, with the passage of time the readers of the Qur'an faced difficulties in this respect and they came to read and understand the verses in ways that differed slightly from one another. The emergence of this difference compelled some experts on the recitation of the Qur'an to take steps to specify the correct manner of reading. Seven of such experts came to acquire fame. They were:

Ibn `Amir: Abu `Imran `Abd Allah ibn `Amir al-Dimashqi (8-118/6269-736) was the expert of qira'ah among the people of Syria. It is commonly said of him that he had learnt it under al Mughirah ibn Abi Shihab. 2. Ibn Kathir al-Makki: `Abd Allah ibn Kathir ibn `Abd Allah ibn Zadan ibn Firuzan ibn Hurmuz (45-120/664-737). According to a tradition, he had learnt qira'ah from `Abd Allah ibn Sa'ib al-Makhzumi. But that which is widely known is that he learnt it from Mujahid. 3. `Asim al-Kufi: Abu Baler `Aim ibn Abi al-Najud al-'Asadi (d. 127 or 128/745 or 746), according to various narrations that have come down from him, had learnt qira'ah from Abu `Abd al-Rahman alSalami, who had learnt it from 'Ali ibn Abi Talib (A).
Abu `Amr al-Basri: Zabban ibn `Ala' ibn `Amman al-Mazini (68r-154/687-770) was from Basrah and was an Iranian according to one tradition. He had learnt qira'ah in Makkah, Madinah, Kufah and Basrah. He was the most eminent qari of his period.
Hamzah al-Kufi: Abu `Ammar Hamzah ibn Habib ibn `Umarah ibn Isma'il (80-156/699-772) belonged to the tribe of Tamim and was a Kufan. According to the author of al Kifayat al-kubra wa al-taysir, he had learnt qira'ah from Muhammad ibn `Abd al-Rahman and Talhah ibn Mu'arrif. According to the book al Mustanir, he had learnt it from al 'Imam al-Sadiq (A). According to other traditions he had learnt it from al-Mughirah ibn Muqsim, al-Mansur, Layth ibn Abi Sulaym, Sulayman ibn al-'A'mash, and Humran ibn A'yan.
Nafil al-Madani: Nafi' ibn `Abd al-Rahman ibn Abi Nu'aym (d. 169/785), an Iranian from Isfahan, had learnt qira'ah from the tabi'i scholars of Madinah. 7. Al-Kisa’i: Abu al-Hasan `Ali ibn Hamzah ibn `Abd Allah ibn Behman ibn Firuz (d. 189/804), according to Ibn al-Jazari, had acquired the leadership of the qurra' of Kufah after Hamzah. He had heard qira'ah from al-'Imam al-Sadiq (A), al-`Azrami, and Sulayman ibn Arqam, and learnt it from Hamzah, Muhammad ibn `Abd al-Rahman and `Isa ibn `Umar.

Later, other names that were added to these were the following:

Khalaf ibn Hisham: Abu Muhammad Khalaf ibn Hisham ibn Taghlib al-Bazzaz (150-229/767-843). He was from Baghdad and is said to have a very powerful memory. Having memorized the Qur'an at the age of 10, he began his study of qira'ah at 13.
Yaqub ibn Ishaq: Abu Muhammad Ya'qub ibn Ishaq (d. 205/ 820) belonged to Basrah. He said that he had learnt the entire qira'ah in a year and a half.
Qa’qa: Abu Ja'far Yazid ibn Qa'qa` al-Makhzumi of Madinah was the leading qari' of Madinah. He had learnt it from `Abd Allah ibn `Ayyash and `Abd Allah ibn `Abbas.

This was a brief account of the ten qurra ; to whom four more names were subsequently added: al-Hasan al-Basri, Ibn Mahid, Yahya ibn Mubarak al-Yazdi and Muhammad ibn Ahmad al-Shanbudhi. These came to be known as "the fourteen qurra'. "For further details about them one may refer to these books: Tabaqat al-qura ; Tahdhib al-Tahdhib, Lisan al-mizan, and ,Tibat al-nashr fi al-qira’at al-`ashr. A group of the Prophet's Companions possessed special expertise and fame in the qira'ah of the Qur'an. Having learnt it from the Prophet (S) they endeavoured to teach it to others. Among the Tabi'un those who had learnt it from the Sahabah and are well-known are:

`Ubayd ibn `Umayr, `Ala' ibn Abi Riyah, Tawus, Mujahid, Ibn Abi Malkiyyah in Makkah. Said ibn Musayyib, `Urwah, Salim, `Umar ibn `Abd al-`Aziz, Sulayman ibn Yasar, `Ata' ibn Yasar, Mu'adh ibn al-Harith, `Abd alRahmAn ibn Hurmuz, Ibn Shihab al-Zuhri, Muslim ibn Jundab and Zayd ibn Adam in Madinah. `Alqamah, al-'Aswad, Masruq, `Ubaydah, `Amr ibn Shurahbil, alHarith ibn Qays, Rabi` ibn Khashim, `Amr ibn Maymun, Abu `Abd alAahman al-Salami, and Zirr ibn Hubaysh in Kufah. Abu `Aliyah, Abu Raja', Abu al-'Aswad al-Du'ali, Nasr ibn `,&4im, and Yahya ibn Ya`mar in Basrah.

Al-Mughirah ibn Abi Shihab al-Makhzumi and Khalifah ibn Sa'd in Syria.

b. The Reliable Readings:

Now it should be seen to what extent the above-mentioned readings are to be relied upon. Some scholars have divided the qira’atinto three kinds: mutawatir, ahad and shadhdh. According to this division, the qira’at of the seven qurra' have been considered mutawatir, the qird'at of the other three as ahad, and those of the next four as shadhdh. Some, like Jalal al-Din al-Balqini, have accepted this classification, while al-Suyuti considers the tawatur of the seven qurra' as doubtful for the following reasons.

Because they have been transmitted through akhbar ahad.
Because some of the seven qurra' were not reliable (muwaththaq) as narrators.
Because these qira’at depend on subjective judgement (ray) and personal ijtihad of the qurra'. Had these been received through tawatur from the Messenger of Allah (S), there would have been no need of a proof to establish their authenticity.
Because some scholars have rejected some instances in the readings of the seven qurra'.

According to al-Zarakshi in al-Burhan fi `ulum al-Qur’an (i, 318), those who believe in these seven qira’at being mutawatir do so on the following bases:

a. They claim ijma` on the affirmation of their tawatur.

b. They furnish evidence in favour of their authenticity on the basis of the care exercised by the Sahabah and Tabi`un in the memorization and recitation of the Qur'an.

c. They argue that not to regard these qira’at as mutawatir necessarily leads to regarding the Qur'an also as non-mutawatir.

That which is significant in this relation is that believers in the tawatur of the seven qira’at put a special kind of reliance upon them, to the extent of considering them as permissible bases for deduction of ahkam. Those who deny that such a tawatur existed do not consider such a reliance as legitimate. `Abd al-Rahman al-Suyuti in his work al-Itqan fi `ulum al-Qur'an (i, 13.) states that Ibn al-Jazari has divided the qira’at into six categories.

The readings which are mutawatir, having been narrated by so many different narrators that any possibility of a conspiracy to establish something false as true is not imaginable.
The mashhur readings whose narrators are `adil although their number does not reach the extent of tawatur.
The readings whose narrators are `adil but are either different from the writing of the `Uthmani codices or are not in harmony with the rules of Arabic grammar. This kind of reading should not be used in reciting the Qur'an, in prayers or something else.
The shadhdh readings, whose chains of narrators are not sahih. An example of it is the reading of Ibn Samigh` of verse 92 of Surat Yunus, in which is read with a ha' instead of jim and is read'with fathah on the lam of . The reading of Hafs is
The reading which is maj`ul or mawdu` (fabricated) is one which is ascribed to its author and has no other basis. An instance of it are the reading mentioned by Abu al-Fadl Muhammad ibn Ja'far al Khuza'i (d. 408/1017) in his book al Muntaha that he has attributed to Abu Hanifah.

One of such readings is that of the verse (35:28) with raf` on 'Allah' and nasb on al-`ulama'. 6. Like the mudraj hadith, this is a reading in which an expository word or phrase is added to the accepted reading of the text. An instance of this kind is the qira'ah of Sa'd ibn Abi Waqqas of 4:12 as with the addition , Another instance of it is the qira’ah of verse 2:198 as with the addition of the phrase For more details in this regard one may refer to these books: al-Taysir dal-qira'at al-sab` by al-Dani, al-Shatibiyyah by Abu Muhammad al-Qasim al-Shatibi, and Tibat al-nashr fi al-qira'at al-`ashr by Ibn al-Jazari.

c. The Effect of the Readings on Legal Deduction:

The difference of readings can influence one's understanding of the doctrinal and ideological issues from the Our'an as well as effect the deduction of practical ahkam. For instance, in the verse if the word `Allah' be read as marfu` (as ) and al-' `ulama' as mansub (), the meaning becomes something which is not in harmony with Islamic doctrine and ideology (for then if it means, "God is apprehensive of His knowledgeable servants"). Rather, it would then be in accordance with the belief of some non-Islamic modes of thought according to which the prohibited tree in Paradise was the tree of knowledge and that God expelled Adam from Paradise because of his inclination for knowledge. But if the verse is read with nasb on "Allah " and raf ' on al-`Ulama' the meaning derived is the opposite of the above one and in harmony with the other Qur'anic verses that constantly call man to knowledge, understanding, contemplation and intellection, and consider the basis of man's obedience and servitude to God to be his intellect and consciousness.

Although such differences of reading are few, the knowledge of them and complete familiarity with them is essential for someone who wants to acquire expert understanding of the Qur'an, both the verses relating to ahkam and other verses besides them. For instance, in verse 222 of Surat al-Baqarah, God Almighty says:

…..Go apart from women during the monthly course, and do not approach them till they are clean. (2: 222)

There is a difference of reading regarding the word , some read it as and others as . If read as it means that it is permissible to have intercourse with a woman after her mensus have ceased but before she has taken a ritual bath. If read as means that intercourse with her is not permissible before she takes the bath. means' (until) they become clean' and means `(until) they clean', i.e. through a ritual bath. A group of jurists belonging to different schools of Islamic law, including some eminent Shi'i jurists, Abu Hanifah and his followers, have given their faatwa according to the first reading. Another group, including Malik, al-Shafi'i and Ahmad ibn Hanbal as well as some Shi`i jurists have given fatwa in accordance with the second reading.

By the way, a third viewpoint is found among the Sunnis according to which `taharah' in the verse is taken to mean washing clean of the bloody locale, not bath. Among them are `Abd al-Rahman al-'Awza'i, the founder of the Awza'i school of law and Ibn Hazm, the second ranking leader of the Zahiri school.

The reason for the divergence of views between the jurists is due to the fact that the word tuhr is used in all the three meanings in the Arabic tongue.

The Comprehensive Character of the Qur'an:

After this brief outline of legal studies relating to the Qur'an, it is necessary to point out that the terms `fiqh ; `faqahah'and `faqih' in the parlance current in Islamic society convey a significance related exclusively to matters of worship and ritual. As a result of it the task of jtihad has practically been confined to about 500 verses, or nearly onesixth, of the Qur'an. Accordingly, the rest of the Qur'anic verses have not been studied sufficiently from the viewpoint of ijtihad.

But it is a fact that the fiqh, faqahah and tafaqquh which are mentioned in the Qur'an and many traditions as an activity possessing sublime value are not what these terms have come to mean in our current vocabulary. Rather, the meaning that they signify today may be considered only a part of the real meaning of `fiqh' and `faqahah' because the spirit of Islam is asocial and an all-embracing one. The movement of the prophets has been a comprehensive and an all-embracing movement which, for the purpose of developing spirituality, devotion and observance of divine laws, has placed the reform of human society, the purification and education of human beings, their moral development and the implementation of social justice at the head of its programme.

Fiqh or tafaqquh includes the recognition and understanding of all the values that the Messenger of Allah (S) has brought in his capacity as the messenger and communicator of the revelation. Evidently, that which the Prophet (S) has brought meets all the real needs of man and those of his spiritual and material life. The Qur'an, obviously, occupies the foremost arid the most fundamental position in the message. Accordingly, attention to a part of its contents and neglect of its other parts amounts to deviation from the straight path, which is condemned by the Qur'an, which declares:

Those who say, `We believe in part, and disbelieve in part,' desiring to take between this and that a way - those in truth are the unbelievers. (4:150-151).

And also says:

And (O Prophet) beware of them lest they tempt thee away from any of what God has sent down to thee. (5:49). To limit fiqh to the ayat al-'ahkam, and that too to a section of them related to prayer, fasting, hajj and such matters of ritual as wudu', tayammum and so on, is equivalent to the exercise of a selective, discriminatory approach in relation to the Divine 8yat and ahkam - something which has taken place unwittingly and unconsciously. The same thing has been responsible for the decline of the Muslim society after the first centuries of rising glory. This is because the Qur'an and Sunnah that guarantee the flourishing life of human society are the whole of the Qur'an and the Sunnah in their uncompromised totality. If this totality is ignored or neglected, that guarantee too shall cease to operate.

If we observe that the magnificent Prophet of Islam (S) was able to mould a primitive and unlettered people within half a century into a civilized, progressive and exemplary society with a system of political and social life, law, morality and doctrine superior to all the other systems that existed in the world of those days, that was because he presented a perfect and multifaceted totality to the Muslims. This totality in all its dimensions was understood, absorbed and put into practice by genuine Muslims.

And if we observe that the same Islam lost its effectiveness in the social arena after the passage of some centuries, that was because those who were entrusted with the duty to safeguard its intellectual and ideological frontiers had come to forget its totality and comprehensiveness, thus depriving Islam of its real power and efficiency. The biggest factor in this crisis was the existence of the unwholesome dominance of the tyrannical and despotic regimes that had captured the leadership of Islamic society in the name of the Prophet's khilBfah and produced rulers who in the impious state of ignorance and intoxication stood up in the mihrab to lead Muslims in congregational prayers. These rulers promoted. mercenary scholars and pseudo-fuqaha' devoid of taqwa who served their interest and sent into exile the committed, aware and authentic fuqaha' who strove to awaken the people or often subjected them to martyrdom.

Elsewhere, while discussing the ninefold eras of the development of fiqh that followed the period of legislation, the sevenfold eras in the history of ijtihad, and the sixfold eras in respect of the exposition of fiqh, we have shown the real faces of these pseudo-fuqaha' and pseudomujtahids, pointing out their nefarious views in every period, and revealed the havoc that has been wrought on the body of fiqh and faqahah by these mercenaries in the garb of fuqaha' in their pursuit of worldly gain. The harm done by them to fiqh was so serious that they made fiqh, with its spring of ijtihad and all its effusive vigour and dynamism, loose its relevance and withdraw into isolation in front of the expansion of human knowledge and civilization, to the extent that the people of the world came to believe that Islamic law has no solution to the multifaceted problems of life.

Although in the early eras there did exist great fuqaha' and pious and aware mujtahidun, but none of them had the free hand - which the wali-e faqih does at the present - to take punitive measures against such elements. But that which is certain is that they have been and shall remain the object of history's censure. This is because they have made the shining face of progressive Islamic fiqh to appear dark and clouded and have distorted its features.

In any case, if we really intend to revive authentic fiqh and true faqahah and if we have concern for the genuine life of Islam and the Islamic Ummah and revival of the past glory and sublimity of the word of tawhid, we should direct our understanding to the totality of the human and the comprehensiveness of Islam in all its dimensions: devotional, economic, political, legal and cultural in the spheres of social and individual life. Only then can we use this invaluable source which is a great Divine trust and the al-thaql al-'akbar, for the benefit of humanity in the contemporary era.