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> "The practice of ijtihad," stresses the report compiled with the
> participation of several respected Muslim scholars, "must be revived."
> Ijtihad -- or hermeneutics -- refers to the institutionalized
> practice of interpreting Islamic law (sharia) to take into account
> changing historical circumstances and, therefore, different views.
> Ijtihad is the independent or original interpretation of problems
> not covered by the Koran (Islam's holy book), the Hadith (traditions
> concerning the Prophet's life and utterances), and ijma' (scholarly
> consensus). In the early days of the Muslim community, every adequately
> qualified jurist had the right to exercise such original thinking.
> Fearing too much change would weaken their political clout,
> religious scholars closed the gates of ijtihad to Sunni Muslims about
> 500 years ago. From then on, scholars and jurists were to rely only on
> the original meaning and earlier interpretations of the Koran and the
> Hadith. However, there now is a growing movement among scholars and
> intellectuals to revive the practice of ijtihad.
> Today, Muslim society is experiencing turbulence. The wars in Iraq
> and Afghanistan, the continued occupation of Palestinian lands, the
> frustrations caused by oppressive regimes and the absence of democracy
> have all conspired to give birth to a radical, politicized and violent
> form of Islam, whose adherents have turned to terror as a means of
> achieving their aims. They have politicized Islam.
> Contrary to Samuel P. Huntington's belief that Islam and the West
> are headed for a clash of civilizations, other scholars argue the real
> clash is between two diverging ideas within Islam itself. The clash is
> between the politicized Islam of a radical element which has turned to
> violence as a means of expressing itself, and the mainstream majority
> that remains largely silent. In fact, the violent tactics of this
> fringe-force of highly-politicized Muslims have proven useful in
> directly intimidating the mainstream into relative silence.
> "Political Islam has proven a formidable force even though Islamic
> movements or organizations often constitute a minority of the
> community," states John Esposito, a professor of religion at
> Washington's Georgetown University.
> As in most conflicts, solutions can only come from within.
> Similarly, the cures for what ails some Muslim communities can only
> emerge from Islam itself. Resolutions cannot be imposed from the West.
> Before that can occur, two things must happen.
> First, the Muslim mainstream must play a greater role in its
> community; and second, it must be given an authoritative tool enabling
> it to enact positive changes. That tool is ijtihad.
> The re-introduction of ijtihad enjoys the support of a growing
> number of scholars, intellectuals and Islamic institutions, both in the
> West and in the Arab world. Even the Saudi Arabian Minister of the
> Wakf, or Religious Affairs, Sheikh Saleh Abdel Aziz al-Sheikh, and Ali
> Bardakoglu, president of the Diyanet, or the highest religious
> authority in Turkey, support this. Both Messrs. al-Sheikh and
> Bardakoglu divulged in interviews that they favor reinstating ijtihad.
> "The general strategy is to expand the base of moderates," said the
> Saudi minister. He warned, however, that "so long as there were bad
> things" happening in Iraq and Palestine, it would prolong negative
> events in the rest of the world.
> The roadblocks to ijtihad are numerous and tough. A preliminary
> study shows the Muslim world remains divided over who should have the
> authority to implement ijtihad and how much should be allowed to
> change. There is no religious hierarchy in Sunnism, the branch of Islam
> that dominates the Muslim world, as there is in Shi'ism.
> Still, the belief is that with time, effort and education, ijtihad
> will eventually be re-introduced, allowing important changes to be
> made.
> Historically, reform of Islamic law has often been confused with
> criticism of Islam itself. Conservative Muslims have, at various times,
> labeled those who have tried to introduce reforms as nonbelievers.
> Fatwas, or religious edicts, have been issued against potential
> reformers, at times condemning them to death. This hurdle is real and
> requires Muslims to see the difference between critiquing Islam in
> order to tear it down, and reforming Islamic law to build up Muslims
> and their societies.
> If ijtihad's doors remain closed and political Islam continues to
> rise, this will lead to a greater schism between the average Muslim and
> the radical as well as between Islam and the West. This would expand
> the existing conflict, turning it into the infamous "clash of
> civilizations" and would have severe repercussions for Muslims
> everywhere, especially those living in the West.
> Claude Salhani is international editor for United Press
> International. This article is part of a series of views on "The Role
> of Ijtihad in Western-Muslim Relations," published in partnership with
> the Common Ground News Service-Partners in Humanity (CGNews-PiH) and
> UPI.
