Definition of Ijtihâd

[Sadique]

Linguistically ijtihâd means:
to expend efforts in order to reach some difficult matter. Technically it means: expending efforts to arrive at a Sharî’ah ruling. And the Mujtahid is the one who expends efforts for this purpose.


Conditions for Ijtihâd:
Being a mujtahid has conditions, from them:-

1. That he knows the Sharî’ah proofs which he needs in his ijtihâd - such as the âyât (verses) and ahâdîth pertaining to rulings.
2. That he knows what relates to the authenticity or weakness of a hadîth, such as having knowledge of the isnâd (chain of narration) and it’s narrators, and other than this.
3. That he knows an-nâsikh (the abrogating) and al-mansûkh (the abrogated), and the places where there is ijmâ’ (consensus) - such that he does not give a ruling according to something that has been abrogated, nor give a ruling that opposes the (authentically related) ijmâ’.
4. That he knows from the proofs that which causes the rulings to vary, such as takhsîs (particularisation), or taqyîd (restriction), or it’s like. So he does not give a judgement which is contrary to this.
5. That he knows the Arabic language and usûlul-fiqh (fundamentals and principles of jurisprudence), and what relates to the meanings and indications of particular wordings - such as al-’âm (the general), al-khâss (the particular), al-mutlaq (the absolute and unrestricted), al-muqayyid (the restricted), al-mujmal (the unclarified), and al-mubayyin (the clarified), and it’s like - in order that he gives rulings in accordance with what this demands.
6. That he has the ability to extract rulings from the evidences. And ijtihâd may be split up, such that it may be undertaken in one particular branch of knowledge, or in one particular issue.

What is Essential for the Mujtahid

It is essential that the Mujtahid strives in expending his efforts to arrive at knowledge of the truth, and to give rulings in accordance to what is apparent to him. If he is correct, then he has two rewards: one for his ijtihâd, and the other for arriving at the truth - since arriving at the truth means that it is manifested and acted upon. If, however, he is mistaken, then he has a single reward, and his error is forgiven for him - as he sallallâhu ’alayhi wa sallam said: “When a judge judges and strives and is correct, then he has two rewards. If he judges and strives and errs, then he has a single reward.” [Related by al-Bukhârî (13/318) and Muslim (no.1716)]



--
Sadique

[mujta...@gmail.com]

Masha Allah, Sadique bhai.

please share more on this issue. Why aren't our brothers in the group participating on this issue?

 

Regards.

[Sadique]

Actually,

I do not possess more knowledge regarding this issue. I request others to share their knowledge also.

--
Sadique

[Peer-jada Qureshi]

Thanks - not much more to add and also a little busy - but my reading this at a later date may trigger my own thoughts/questions...

 

Peer-Jada Qureshi

2009/9/24 Sadique <sadi...@gmail.com>

[mujta...@gmail.com]

Asslamu alaikum - Brothers,

Infact, Sadique bhai is correct in all sense, as long as we are regarding ourselves. We all are dwelling aound the sphere of IJTIHAD, not into it. the immense requirements that are needed to dwell in it will take time for us to reach. But none the less; we should strive forward to gain that ability.

"

Who Should Perform Ijtihâd?

A Discussion on Independent Juristic Reasoning in Islamic Law

By Sheikh Salman b. Fahd al-Oadah

General Supervisor of the IslamToday Website

INTRODUCTION

Praise be to Allah; we praise Him, seek His forgiveness, and turn to Him in repentance.

We seek refuge with Him from the evils of our souls and the evils of our deeds. Whomever

Allah guides, none can misguide, and whomever Allah leads astray, none can guide. I

bear witness that there is no god but Allah alone without partner, and I bear witness that

Muhammad is His servant and Messenger.

We live in a time when almost everyone is talking about Islam. Matters of Islamic Law

are frequently being discussed by all and sundry. Riding this wave of Islamic interest are

a number of people who have no clue about Islamic Law and no previous experience in

religious matters. Students of knowledge have a duty to stand against this tide and repel

the falsehood that it brings with it. They must expose the deviance and ineptness of socalled

Islamic intellectuals who just yesterday were nationalists, socialists, or what have

you until that gravy train dried up and they had to search for a new way of making a

living. Those intellectuals expected the people to have very short memories or at least be

too much in the dark to figure out what was going on. Happily, they were disappointed.

The people quickly saw through them, turned their backs on them, and hurried back to

the truth. This, in itself, is a sign of the goodness that the Muslim nation still possesses. It

shows that the Muslims cannot be duped so easily. Praise be to Allah who showed us in

our people what brought contentment to our eyes.

In this short treatise, I hope to touch briefly upon the topic of

ijtihâd and to clarify who

has the qualifications to discuss religious beliefs and teachings and form opinions on

matters of Islamic Law. The discussion will be divided into four chapters:

Chapter One:

Why We Must Address the Issue of Ijtihâd

Chapter Two:

The Importance of Discussing Islamic Issues and Providing Legal

Judgments in Accordance with Islamic Law

Chapter Three:

What It Means to Speak on Allah’s Behalf without Knowledge

Chapter Four:

The Many Forms that Speaking on Allah’s Behalf without Knowledge

Can Take.

CHAPTER ONE

Why We Must Address the Issue of Ijtihâd

Today there are many reasons why we must talk about this matter. For one thing, many

people are investigating Islamic legal matters who are not qualified to do so. They are not

only delving into secondary legal issues, but also into fundamental matters of faith.

Though they have no expertise to think of, they are not shy to discuss and criticize every

single matter related to Islam, no matter how difficult or sensitive that matter might be.

Compounding this problem is the fact that the general public no longer tries to distinguish

between legitimate scholars and quacks. They do not know who they should listen to.

They do not ask themselves: Should I listen to this person when it comes to my religion?

Is this person worth my attention?

Everyone who decides to speak about Islamic Law finds a receptive ear. Their opinions

are passed on to others and discussed.

Those people who listen to all and sundry when it comes to their religion do not behave

in the same manner when it comes to their worldly concerns. They insist upon taking

their problems to the proper specialists. If one of their family members is sick, you do not

see them taking him to the green grocer for a diagnosis. If they need architectural

blueprints for a new house, they do not contract a tailor for the job.

This is, no doubt, the sensible way to behave, and people generally conduct themselves

this way when it comes to their worldly concerns. Then suddenly, when the issue at hand

is their religion, they do an about face and listen to anybody willing to shoot off his

mouth. It would not be an exaggeration to say that anybody who speaks about Islam these

days will find a receptive ear somewhere or another.

What makes matters more urgent is the fact that Islam has enjoyed a res urgence of late,

for which we must thank and praise Allah. Because of this, everyone living in the Muslim

world is now courting Islam and the Muslims. The most ardent Arab nationalists, leftists,

and even communists of old have begun to speak and write about Islam. Some are even

making a career of it. This is going on all over – in Egypt, North Africa, the Gulf States,

and elsewhere.

Many people today are pandering to the Islamic sentiments of the masses and are trying

to capitalize on their desire for Islamic knowledge and their eagerness to know the

Islamic rulings for the issues that affect their lives. Once we realize this, we can

appreciate the great danger that Muslim society is facing if the people do not learn to nswer the following questions for themselves:From whom should I take my Islamic knowledge?Who is qualified to discuss matters of Islamic Law?

Who should learn to keep quiet?" - Inshallah more to come. that same website doesn't have the same article, there. So, I've just pasted it.

 

--


"Al Muslimoon Ummatun Wahida, Wa Biladahum Wahida, Wa Harbahum Wahida, Wa Salmahum Wahida".

[Sadique]

walaikum assalam,

we are waiting for ur continuation.

Jazakallahu khair

--
Sadique

[mujta...@gmail.com]

Continuation:

"

CHAPTER TWO

The Importance of Discussing Islamic Issues and Providing Legal Judgments in

Accordance with Islamic Law

When a person gives an Islamic legal ruling on an issue, he is in effect speaking on behalf

of Allah. This should not come as a surprise to anyone. When a person gives an Islamic

ruling, he is not being asked about his personal opinion, his attitudes, his likes, or

dislikes. He is being asked about the ruling that has been given on a matter by Allah and

His Messenger (peace be upon him).

The great jurist and legal theorist of the Mâlikî school of law, al-Qarrâfî, describes the

jurist as “a translator for Allah”, because it is as if he translates the sacred texts into

practical application.

Ibn al-Qayyim came very close to hitting the nail on the head when he entitled his famous

book on Islamic Jurisprudence:

Informing Those Who Act as Signatories on Behalf of the

Lord of All the Worlds

.1 He regards the muftî, the one who gives the rulings on matters of

Islamic Law, as one who kind of signs on behalf of Allah in such matters, just as a

minister signs on behalf of the king or government he represents. Therefore, the

muftî is

merely a person who informs others of what he believes to be the ruling of Allah and His

Messenger (peace be upon him) in a given matter.

From this point of departure, Ibn al-Qayyim writes: “The position of signatory on behalf

of the king is a weighty position of indisputably high honor. It is one of the most

prestigious positions one can hold. So how esteemed must the same position be with

respect to the Lord of the heavens and the Earth?”

2

The position of

muftî is a very prestigious one. It is an honor for the one who assumes it

as well as a weighty responsibility. In many places in the

Qur’ân, Allah carries this role

out himself. He says , for instance: “They ask you for a legal ruling. Say: Allah gives you

the ruling…” [

Sûrah al-Nisâ’ : 176] Here Allah gives the ruling and attributes this activity

to Himself.

Because of the seriousness of this responsibility, the earliest Muslim scholars would

avoid giving legal rulings as much as they could, passing on the burden to others

whenever possible. There are many references to this kind of behavior to be found in the

writings of the early scholars. One excellent example of this can be found in the

Sunan of

al-Dârimî wherein he devotes a chapter to the matter entitled: “Chapter on Those Who

Dreaded Having to Give Legal Decisions”. In this chapter, he relates a good number of

instances where people avoided giving legal rulings. We will mention just two of these:

It is related that `Abd al-Rahmân b. Abî Laylâ (a well-known student of the Companions)

said: “I have met in this mosque one hundred twenty of the Ansâr. Not one of them

would relate a

hadîth without preferring that his brother did so in his stead.”3 Consider

that these were one hundred twenty of the most eminent Companions of the Prophet

(peace be upon him), some of whom had been with the Prophet (peace be upon him) for a

substantial amount of time and acquired a vast amount of knowledge. In spite of this,

they did their best to avoid giving legal rulings or even relating

hadîth , each one of them

preferring to refer the matter to someone else.

Al-Dârimî relates that al-Sha`bî was asked: “What did you all used to do when people

inquired with you about things?”

Al-Sha`bî replied: “You have asked the right person this question. If anyone was asked

about a matter, he would refer the matter to his colleague, who in turn would do the same.

This would go on until the question arrived back at the man who had been asked in the

first place!”

4

They only behaved in this manner because they fully appreciated the seriousness of the

task at hand. By giving a ruling on a matter, they were speaking on behalf of Allah, and

they knew that speaking on behalf of Allah without knowledge is a grave and most

serious sin. Ibn al-Qayyîm emphasizes this point repeatedly in his aforementioned work.

5

CHAPTER THREE

What It Means to Speak on Allah’s Behalf without Knowledge

Allah says: “Say: The things that my Lord has indeed prohibited are: licentious deeds

whether open or secret, sins, trespasses against rights, assigning partners to Allah for

which He has given no authority, and saying things about Allah of which you have no

knowledge.” [

Sûrah al-A`râf : 33] After mentioning these forbidden things that all the

revealed scriptures throughout time had prohibited, Allah concludes by saying: “…and

saying things about Allah of which you have no knowledge.”

This prohibition of speaking about Allah without knowledge comprises many things,

among which are the following:

It is prohibited to speak without knowledge about Allah’s essence, His names, His

attributes, and His actions.

Sadly, this is done by many people. Without any guidance

or evidence, they glibly speak about Allah’s divinity, His Lordship, His names, and His

attributes. They also have no reservations when speaking about the Unseen. They freely

discuss the Hereafter, Heaven and Hell, and the

Bridge that is suspended over the Fire

without having a scrap of evidence to their name.

Human reason can provide no guidance or evidence for such matters, for when the mind

departs from its area of expertise and plunges into the world of the Unseen, it starts to

wander around in a bleak desert of delusions and half-baked hypotheses. Look how the

philosophers led themselves and others astray with their strenuous but fruitless mental

exertions. How much benefit might they have realized for themselves and others had they

only pursued more productive lines of reasoning? But they preferred to waste their

energies on futile pursuits that were of no avail to humanity, neither in their religion nor

their worldly lives.

The proper role for reason in these matters is to understand the sacred texts, ascertain

their meanings, accept them wholeheartedly, and act upon their guidance. It is the

epitome of arrogance for a person to think that his rational faculties are the equal of

divine revelation. They think that with their puny minds they can penetrate the world of

the Unseen when their minds cannot even decipher all that goes on in the visible world

around them.

It is prohibited to speak without knowledge about what Allah’s has decreed for the

future.

Some people speak about what is going to happen in the future as if they know

what Allah intends. This is the traffic of soothsayers, astrologers, palm readers, and other

charlatans who fool the heedless in various ways.

It is prohibited to speak without knowledge about matters of Islamic Law.

There are

those who speak about what is lawful and prohibited. They discuss what is obligatory and

what is not. They do all this without having any authority to do so.

What, you may ask, would this authority be? It is the Book of Allah and the authentic

hadîth

of Allah’s Messenger (peace be upon him). Even with this , not everyone is

capable of understanding and expressing the meanings of these texts. It takes a qualified

and knowledgeable scholar to do so, someone who has the requisite knowledge and skills

to discuss matters of Islamic Law.

Allah forbids us from speaking on His behalf without knowledge. He says:

“Do not say – for any false thing that your tongues may put forth – ‘This is lawful and

this is forbidden’ so as to ascribe false things to Allah. For those who ascribe false things

to Allah will never prosper.” [

Sûrah al-Nahl: 116]

“Pursue not that which you have no knowledge, for surely the hearing, the sight, and the

heart all shall be questioned about it.” [

Sûrah al-Isrâ’: 36]

About the polytheists He says: “When they commit an indecent act, they say: ‘We found

our fathers doing so.’ and ‘Allah commanded us thus.’ Say: ‘Allah does not command

what is indecent. Do you say of Allah what you do not know?’” [

Sûrah al-A`râf: 28]

Such were people who, if they were accustomed to doing something and then were

prohibited from doing so, would say: “But Allah commanded us to do it.” Allah

condemns this behavior of theirs and condemns them for saying about Allah what they

did not know.

Speaking on Allah’s behalf without knowledge is as great a sin as there is. It is the root

cause of polytheism. Every Muslim, therefore, should be extra vigilant to avoid falling

into this sin. In the remainder of this treatise, I will mention different ways that people

today fall into the pitfall of speaking on behalf of Allah and His Messenger (peace be

upon him) without knowledge or guidance.

CHAPTER FOUR

The Many Forms that Speaking on Allah’s Behalf without Knowledge Can Take

1. Involvement of unqualified people in the various branches of Islamic knowledge:

Many eloquent speakers and writers who have little or no proper religious knowledge are

plunging blindly into Islamic issues that they are not qualified to discuss. It is not

surprising that they rarely back up what they say with evidence from the

Qur’ân and

Sunnah

.

Some of these people – actually most of them – justify what they are doing by the fact

that Islam has no clergy or “priest class”. Now, this is unequivocally true. Islam has no

specific class of people who act as priests and have the exclusive right to interpret

scripture. This is open to everyone – after they acquire the requisite knowledge and are

able to discuss matters of religion with knowledge and with the proper evidences. It is,

however, not open to everyone in the sense of being public domain for all and sundry to

do in as they please.

Though Islam has no priests or monks, it does have scholars with whom others must

consult when it comes to understanding the

Qur’ân and Sunnah. It is so strange that

people understand this concept when it comes to other matters of their life, but fail to

realize it when it comes to their religion.

For instance, the shelves in our bookshops these days are crammed full with medical

books. There are thousands of publishers around this world devoted to publishing

medical books and journals. There are centers devoted to producing, publishing, and

disseminating medical research. There is a vast amount of material in print, and this body

of literature is being updated every day, providing up to date information for the

specialists engaged in the medical profession.

Have the people, because of this, been able to dispense with doctors? Have they stopped

opening hospitals, clinics, and medical research centers? Far from it. People are as

acutely aware as ever of the need for these doctors and their services. Why is this? It is

because all those printed pages are just not enough. A layman cannot benefit from them

or even understand most of them. The most he can get out of reading such literature is

some general knowledge to help him converse with his doctor in an intelligent manner.

Effective self diagnosis and treatment is still very much beyond his reach.

So how can we presume that since the texts of the

Qur’ân, the Sunnah, and numerous

scholarly works are readily available in print, we can dispense with referring our religious

questions to qualified scholars? How can we think that every Muslim has the right to give

his opinion about any Islamic issue he feels like, simply because he has come across a

text that he thinks addresses the issue of his concern?

We should recall that poor man who published in a leading periodical a lengthy article

entitled: “Not Everything in

Sahîh al-Bukhârî is Authentic”. He clearly had not done his

homework before writing that article. One day, he came across a

hadîth from the

Prophet’s wife `Â’ishah in

Sahîh al-Bukhârî that he misread in the following manner:

“The Prophet (peace be upon him) ordered me to put on a waistcloth and had intercourse

with me during my menstruation.”

6 If he knew what he was reading, he would have

known that the Arabic word “

yubâshirunî” meant “touch” in the literal sense and did not

mean sexual intercourse at all. So he went on to declare the

hadîth weak and inauthentic.

Why? Because, as he claimed, it went against the words of the

Qur’ân! He then went on

to quote the verse: “They ask you concerning the women’s menstrual cycles. Say: they

are a hurt and a pollution, so keep away from women in their menstrual cycle and do not

approach them until they are clean.” [

Sûrah al-Baqarah: 222]

Those who make haste in these matters and neglect going back to the proper source

works and references can easily fall into this kind of mistake or one even more pathetic.

What is most amazing is how readily some people are to offer their opinions about the

Prophetic

hadîth , deciding what is authentic and what is not, deciding what should be

accepted and what should be rejected. They just as easily delve into maters of Islamic

Law, giving verdicts left and right, declaring this lawful, that forbidden, and something

else obligatory. They do not even bother to refer to the available commentaries on the

hadîth

literature and the opinions of the scholars before making the se declarations.

These same people have the gall to ridicule and mock others. They claim that the students

of religious knowledge spend a day and night learning and are then prepared to speak.

We have begun to hear many of these people criticize the young people who have studied

Islam, saying that they have no insight and insinuating that they have only studied for a

week or a month or a few days. Ironically, these critics have no hesitation in discussing

the most serious and critical of Islamic issues without bothering to do even an hour of

research to find out what the scholars have said. Would they have spent a month or a

week or a few days on the matter!

"

Too much for the day. More to Come, Inshsallah.

[Shamim Khan]

"Verily, we are not fuqaha'..."

--------------------------------------------------------------------------------

These are some deep narrations from al-Khatib al-Baghdadi's awesome,
awesome book, 'Iqtida' al-'Ilm al-'Amal' (Following Up Knowledge With
Action - p. 77-79):


119 - al-Awza'i said:

"I have been informed that it used to be said: 'Woe to those who
acquire religious knowledge for other than the sake of worship, and to
those who permit the unlawful due to doubtful arguments.'"


121 - ash-Sha'bi said:

"Verily, we are not fuqaha' (men of understanding). We merely listen
to the hadith and then narrate it to others. Rather, the fuqaha' are
those who, when they know something, act upon it."


122 - al-Awza'i said:

"When Allah desires evil for a people, He opens the door of
argumentation for them and prevents them from doing good deeds."


123 - Ma'ruf bin Fayruz al-Kurkhi said:

"When Allah intends good for a servant, He opens for him the door of
actions and closes for him the door of argumentation. And when Allah
intends evil for a servant, He opens for him the door of argumentation
and closes for him the door of actions."


124 - Abu Nu'aym bin Dukayn said:

"I entered into the presence of Zafar when he was at the point of
death, so, he raised his head up to me and said:

"O Abu Nu'aym, I wish that what we were upon (of seeking knowledge)
was instead tasbih (glorification of Allah).""

Quoted by Brother Abu Sabaayaa
At-Tibyân Publications

On 9/26/09, mujta...@gmail.com <mujta...@gmail.com> wrote:
> Continuation:
> "*

>
> CHAPTER TWO
>
> The Importance of Discussing Islamic Issues and Providing Legal Judgments in
>
> Accordance with Islamic Law

> *

>
> When a person gives an Islamic legal ruling on an issue, he is in effect
> speaking on behalf
>
> of Allah. This should not come as a surprise to anyone. When a person gives
> an Islamic
>
> ruling, he is not being asked about his personal opinion, his attitudes, his
> likes, or
>
> dislikes. He is being asked about the ruling that has been given on a matter
> by Allah and
>
> His Messenger (peace be upon him).
>
> The great jurist and legal theorist of the Mâlikî school of law, al-Qarrâfî,
> describes the
>
> jurist as “a translator for Allah”, because it is as if he translates the
> sacred texts into
>
> practical application.
>
> Ibn al-Qayyim came very close to hitting the nail on the head when he
> entitled his famous
>

> book on Islamic Jurisprudence: *Informing Those Who Act as Signatories on
> Behalf of the
>
> Lord of All the Worlds*.1 He regards the *muftî*, the one who gives the

> rulings on matters of
>
> Islamic Law, as one who kind of signs on behalf of Allah in such matters,
> just as a
>
> minister signs on behalf of the king or government he represents. Therefore,

> the *muftî *is

>
> merely a person who informs others of what he believes to be the ruling of
> Allah and His
>
> Messenger (peace be upon him) in a given matter.
>
> From this point of departure, Ibn al-Qayyim writes: “The position of
> signatory on behalf
>
> of the king is a weighty position of indisputably high honor. It is one of
> the most
>
> prestigious positions one can hold. So how esteemed must the same position
> be with
>
> respect to the Lord of the heavens and the Earth?”2
>

> The position of *muftî *is a very prestigious one. It is an honor for the
> one who assumes it
>
> as well as a weighty responsibility. In many places in the *Qur’ân*, Allah

> carries this role
>
> out himself. He says , for instance: “They ask you for a legal ruling. Say:
> Allah gives you
>

> the ruling…” [*Sûrah al-Nisâ’ *: 176] Here Allah gives the ruling and

> attributes this activity
>
> to Himself.
>
> Because of the seriousness of this responsibility, the earliest Muslim
> scholars would
>
> avoid giving legal rulings as much as they could, passing on the burden to
> others
>
> whenever possible. There are many references to this kind of behavior to be
> found in the
>
> writings of the early scholars. One excellent example of this can be found

> in the *Sunan *of

>
> al-Dârimî wherein he devotes a chapter to the matter entitled: “Chapter on
> Those Who
>
> Dreaded Having to Give Legal Decisions”. In this chapter, he relates a good
> number of
>
> instances where people avoided giving legal rulings. We will mention just
> two of these:
>
> It is related that `Abd al-Rahmân b. Abî Laylâ (a well-known student of the
> Companions)
>
> said: “I have met in this mosque one hundred twenty of the Ansâr. Not one of
> them
>

> would relate a *hadîth *without preferring that his brother did so in his

> stead.”3 Consider
>
> that these were one hundred twenty of the most eminent Companions of the
> Prophet
>
> (peace be upon him), some of whom had been with the Prophet (peace be upon
> him) for a
>
> substantial amount of time and acquired a vast amount of knowledge. In spite
> of this,
>

> they did their best to avoid giving legal rulings or even relating *hadîth
> *,

> each one of them
>
> preferring to refer the matter to someone else.
>
> Al-Dârimî relates that al-Sha`bî was asked: “What did you all used to do
> when people
>
> inquired with you about things?”
>
> Al-Sha`bî replied: “You have asked the right person this question. If anyone
> was asked
>
> about a matter, he would refer the matter to his colleague, who in turn
> would do the same.
>
> This would go on until the question arrived back at the man who had been
> asked in the
>
> first place!”4
>
> They only behaved in this manner because they fully appreciated the
> seriousness of the
>
> task at hand. By giving a ruling on a matter, they were speaking on behalf
> of Allah, and
>
> they knew that speaking on behalf of Allah without knowledge is a grave and
> most
>
> serious sin. Ibn al-Qayyîm emphasizes this point repeatedly in his
> aforementioned work.5

> *

>
> CHAPTER THREE
>
> What It Means to Speak on Allah’s Behalf without Knowledge

> *

>
> Allah says: “Say: The things that my Lord has indeed prohibited are:
> licentious deeds
>
> whether open or secret, sins, trespasses against rights, assigning partners
> to Allah for
>
> which He has given no authority, and saying things about Allah of which you
> have no
>

> knowledge.” [*Sûrah al-A`râf *: 33] After mentioning these forbidden things

> that all the
>
> revealed scriptures throughout time had prohibited, Allah concludes by
> saying: “…and
>
> saying things about Allah of which you have no knowledge.”
>
> This prohibition of speaking about Allah without knowledge comprises many
> things,
>
> among which are the following:

> *

>
> It is prohibited to speak without knowledge about Allah’s essence, His
> names, His
>

> attributes, and His actions. *Sadly, this is done by many people. Without

> *

>
> It is prohibited to speak without knowledge about what Allah’s has decreed
> for the
>

> future. *Some people speak about what is going to happen in the future as if

> they know
>
> what Allah intends. This is the traffic of soothsayers, astrologers, palm
> readers, and other
>
> charlatans who fool the heedless in various ways.

> *

>
> It is prohibited to speak without knowledge about matters of Islamic

> Law. *There

> are
>
> those who speak about what is lawful and prohibited. They discuss what is
> obligatory and
>
> what is not. They do all this without having any authority to do so.
>
> What, you may ask, would this authority be? It is the Book of Allah and the
> authentic

> *
>
> hadîth *of Allah’s Messenger (peace be upon him). Even with this , not

> everyone is
>
> capable of understanding and expressing the meanings of these texts. It
> takes a qualified
>
> and knowledgeable scholar to do so, someone who has the requisite knowledge
> and skills
>
> to discuss matters of Islamic Law.
>
> Allah forbids us from speaking on His behalf without knowledge. He says:
>
> “Do not say – for any false thing that your tongues may put forth – ‘This is
> lawful and
>
> this is forbidden’ so as to ascribe false things to Allah. For those who
> ascribe false things
>

> to Allah will never prosper.” [*Sûrah al-Nahl*: 116]

>
> “Pursue not that which you have no knowledge, for surely the hearing, the
> sight, and the
>

> heart all shall be questioned about it.” [*Sûrah al-Isrâ’*: 36]

>
> About the polytheists He says: “When they commit an indecent act, they say:
> ‘We found
>
> our fathers doing so.’ and ‘Allah commanded us thus.’ Say: ‘Allah does not
> command
>

> what is indecent. Do you say of Allah what you do not know?’” [*Sûrah
> al-A`râf*: 28]

>
> Such were people who, if they were accustomed to doing something and then
> were
>
> prohibited from doing so, would say: “But Allah commanded us to do it.”
> Allah
>
> condemns this behavior of theirs and condemns them for saying about Allah
> what they
>
> did not know.
>
> Speaking on Allah’s behalf without knowledge is as great a sin as there is.
> It is the root
>
> cause of polytheism. Every Muslim, therefore, should be extra vigilant to
> avoid falling
>
> into this sin. In the remainder of this treatise, I will mention different
> ways that people
>
> today fall into the pitfall of speaking on behalf of Allah and His Messenger
> (peace be
>
> upon him) without knowledge or guidance.

> *

>
> CHAPTER FOUR
>
> The Many Forms that Speaking on Allah’s Behalf without Knowledge Can Take
>
> 1. Involvement of unqualified people in the various branches of Islamic
> knowledge:

> *

>
> Many eloquent speakers and writers who have little or no proper religious
> knowledge are
>
> plunging blindly into Islamic issues that they are not qualified to discuss.
> It is not
>
> surprising that they rarely back up what they say with evidence from

> the *Qur’ân
> *and
> *
>
> Sunnah*.

>
> Some of these people – actually most of them – justify what they are doing
> by the fact
>
> that Islam has no clergy or “priest class”. Now, this is unequivocally true.
> Islam has no
>
> specific class of people who act as priests and have the exclusive right to
> interpret
>
> scripture. This is open to everyone – after they acquire the requisite
> knowledge and are
>
> able to discuss matters of religion with knowledge and with the proper
> evidences. It is,
>
> however, not open to everyone in the sense of being public domain for all
> and sundry to
>
> do in as they please.
>
> Though Islam has no priests or monks, it does have scholars with whom others
> must
>

> consult when it comes to understanding the *Qur’ân *and *Sunnah*. It is so

> So how can we presume that since the texts of the *Qur’ân*, the *Sunnah*,

> and numerous
>
> scholarly works are readily available in print, we can dispense with
> referring our religious
>
> questions to qualified scholars? How can we think that every Muslim has the
> right to give
>
> his opinion about any Islamic issue he feels like, simply because he has
> come across a
>
> text that he thinks addresses the issue of his concern?
>
> We should recall that poor man who published in a leading periodical a
> lengthy article
>

> entitled: “Not Everything in *Sahîh al-Bukhârî *is Authentic”. He clearly
> had not done his
>
> homework before writing that article. One day, he came across a *hadîth
> *from
> the
>
> Prophet’s wife `Â’ishah in *Sahîh al-Bukhârî *that he misread in the

> following manner:
>
> “The Prophet (peace be upon him) ordered me to put on a waistcloth and had
> intercourse
>
> with me during my menstruation.”6 If he knew what he was reading, he would
> have
>

> known that the Arabic word “*yubâshirunî*” meant “touch” in the literal
> sense and did not
>
> mean sexual intercourse at all. So he went on to declare the *hadîth *weak
> and inauthentic.
>
> Why? Because, as he claimed, it went against the words of the *Qur’ân*! He

> then went on
>
> to quote the verse: “They ask you concerning the women’s menstrual cycles.
> Say: they
>
> are a hurt and a pollution, so keep away from women in their menstrual cycle
> and do not
>

> approach them until they are clean.” [*Sûrah al-Baqarah*: 222]

>
> Those who make haste in these matters and neglect going back to the proper
> source
>
> works and references can easily fall into this kind of mistake or one even
> more pathetic.
>
> What is most amazing is how readily some people are to offer their opinions
> about the
>

> Prophetic *hadîth *, deciding what is authentic and what is not, deciding

> what should be
>
> accepted and what should be rejected. They just as easily delve into maters
> of Islamic
>
> Law, giving verdicts left and right, declaring this lawful, that forbidden,
> and something
>
> else obligatory. They do not even bother to refer to the available
> commentaries on the

> *
>
> hadîth *literature and the opinions of the scholars before making the se

>>> "**

>>>
>>> Who Should Perform Ijtihâd?
>>>
>>> A Discussion on Independent Juristic Reasoning in Islamic Law
>>>
>>> By Sheikh Salman b. Fahd al-Oadah

>>> *

>>>
>>> General Supervisor of the IslamToday Website

>>> **
>>>
>>> INTRODUCTION
>>> **

>>>
>>> Praise be to Allah; we praise Him, seek His forgiveness, and turn to Him
>>> in repentance.
>>>
>>> We seek refuge with Him from the evils of our souls and the evils of our
>>> deeds. Whomever
>>>
>>> Allah guides, none can misguide, and whomever Allah leads astray, none
>>> can
>>> guide. I
>>>
>>> bear witness that there is no god but Allah alone without partner, and I
>>> bear witness that
>>>
>>> Muhammad is His servant and Messenger.

>>> *

>>> *ijtihâd *and to clarify who

>>>
>>> has the qualifications to discuss religious beliefs and teachings and
>>> form
>>> opinions on
>>>
>>> matters of Islamic Law. The discussion will be divided into four
>>> chapters:

>>> *
>>>
>>> Chapter One:
>>> *Why We Must Address the Issue of *Ijtihâd**
>>>
>>> Chapter Two:
>>> *The Importance of Discussing Islamic Issues and Providing Legal

>>>
>>> Judgments in Accordance with Islamic Law

>>> *
>>>
>>> Chapter Three:
>>> *What It Means to Speak on Allah’s Behalf without Knowledge*
>>>
>>> Chapter Four:
>>> *The Many Forms that Speaking on Allah’s Behalf without Knowledge Can
>>> Take.
>>> *

>>>
>>> CHAPTER ONE
>>>
>>> Why We Must Address the Issue of Ijtihâd

>>> *

>>>>>>> *Linguistically ijtihâd means:*

>>>>>>> to expend efforts in order to reach some difficult matter.
>>>>>>> Technically
>>>>>>> it means: expending efforts to arrive at a Sharî’ah ruling. And the
>>>>>>> Mujtahid
>>>>>>> is the one who expends efforts for this purpose.
>>>>>>>
>>>>>>>

>>>>>>> *Conditions for Ijtihâd:
>>>>>>> *Being a mujtahid has conditions, from them:-
>>>>>>>
>>>>>>> 1. That he knows the Sharî’ah proofs which he needs in his ijtihâd

>>>>>>> - such as the âyât (verses) and ahâdîth pertaining to rulings.

>>>>>>> 2. That he knows what relates to the authenticity or weakness of a

>>>>>>> hadîth, such as having knowledge of the isnâd (chain of narration)
>>>>>>> and it’s
>>>>>>> narrators, and other than this.

>>>>>>> 3. That he knows an-nâsikh (the abrogating) and al-mansûkh (the

>>>>>>> abrogated), and the places where there is ijmâ’ (consensus) - such
>>>>>>> that he
>>>>>>> does not give a ruling according to something that has been
>>>>>>> abrogated, nor
>>>>>>> give a ruling that opposes the (authentically related) ijmâ’.

>>>>>>> 4. That he knows from the proofs that which causes the rulings to

>>>>>>> vary, such as takhsîs (particularisation), or taqyîd
>>>>>>> (restriction), or it’s
>>>>>>> like. So he does not give a judgement which is contrary to this.

>>>>>>> 5. That he knows the Arabic language and usûlul-fiqh (fundamentals

>>>>>>> and principles of jurisprudence), and what relates to the meanings
>>>>>>> and
>>>>>>> indications of particular wordings - such as al-’âm (the general),
>>>>>>> al-khâss
>>>>>>> (the particular), al-mutlaq (the absolute and unrestricted),
>>>>>>> al-muqayyid
>>>>>>> (the restricted), al-mujmal (the unclarified), and al-mubayyin
>>>>>>> (the
>>>>>>> clarified), and it’s like - in order that he gives rulings in
>>>>>>> accordance
>>>>>>> with what this demands.

>>>>>>> 6. That he has the ability to extract rulings from the evidences.

>>>>>>> And
>>>>>>> ijtihâd may be split up, such that it may be undertaken in one
>>>>>>> particular
>>>>>>> branch of knowledge, or in one particular issue.
>>>>>>>
>>>>>>>

>>>>>>> *What is Essential for the Mujtahid*