Basic Principles of Methodology of 'Ijtihaad'

                                      

We have seen in articles https://secondriseofislam.blogspot.com/2016/12/nabuwwat-and-its-functions-in-light-of.html that basic function of Nabuwwah/ Nabi ﷺ is to interpret the Book (Quran). In other words, Nabuwwah is a title.  Believing in Nabuwwat is to believe that functions of Nabuwwah are part of Deen. The basic function of Nabuwwat is always to interpret Kalam ullah i.e. revealed Book.  This interpretation of Kalamullah is done by the respective Nabi (a.s.) in the light of wahi. The followers of respective Nabi (a.s.) are bound to understand Kalamullah/Book as it has been interpreted by the Nabi (a.s). That is why a Nabi’s interpretations of a revealed Book  are part of Deen; these interpretations are made in the form of ahadith. In other words, believing in NabuwwaH of our Nabi ﷺ means ahadith are part of Deen; and such a belief is part of Eman/Faith.   However process of ascertaining whether or not a particular hadith is rightly attributed to our Nabi ﷺ is NOT part of Deen/Eman. But  belief  in Nabuwwah of our Nabi ﷺ requires us to believe  whatever is the hadith/interpretation of Quran made by our Nabi ﷺ is part of Deen/ Eman. It means denying status of Hadith as interpretation of Quran, and as part of Deen, is denying Nabuwwah of our Nabi ﷺ.

In the article https://secondriseofislam.blogspot.com/2017/09/wahi-islamic-thinking-islam-and-deen.html we have seen  Deen is  way of life; ‘Deen’ encompasses all  what we are permitted to do, and what we are prohibited to do, in short all  what we have to face in our lives is covered by Deen. Allah has created us for His ‘ibadah’; it means a person can/ is to perform ‘ibadah’ in each and every moment of his life and it is possible only if we can live each and every moment of our lives according to Deen (the people who think every matter to be faced by human being is not a matter of Deen, they in fact are suggesting that Allah has created human being partially for His 'ibadah' and partially for 'ibadah' of something else). Obviously wahi i.e. Quran and Hadith does not describe in written words what we are permitted or prohibited to do in each and every event of life. Therefore, ‘wahi’ has allowed to adopt ‘Ijtihad’ as a tool to transform ‘wahi’/ Quran and Hadith into a Deen which provides us the guidance as to what is permitted or prohibited in each and every event of life.

In the article https://secondriseofislam.blogspot.com/2018/05/difference-between-shariah-wahi-deen.html we have seen that ‘wahi’ which is compulsory to be accepted/complied with by the people is always a ‘wahi’ which involves/carries ’shariah’; a ‘wahi’ not involving/carrying ‘shariah’ is not to be accepted/complied with compulsorily by the people. In other words, prophetic ‘wahi’ always involves/carries ‘shariah’ because a Nabi/Rasool is essentially to be followed; and non-prophetic ‘wahi’ is what does not involve/carry ‘shariah’. In other words, Shariah is what is compulsorily to be complied with by the people till Qiyamah. No Shariah’s provision is changeable or replaceable with any man-made provision. Shariah is second name of prophetic wahi. In other words, Shariah is what is contained in Quran and Hadith.

Shariah is Quran and Hadith and Ijtihaad is application of Shariah principles and their implications, to a situation not provided in Shariah. Deen is combination of Shariah and Ijtihaad.

In the article https://secondriseofislam.blogspot.com/2016/10/itbaa-e-nabi-second-name-of-deen-1.html we have seen that Deen is second name of  Itba,a e Nabi ﷺ.

 There is difference between obeying (ata,at) and following (itba,a). Obeying is related to commandment; whereas ‘Itba,a’/following is related to every act/saying whether commanded or not. Itba,a e Nabi (ﷺ) means we have to follow our Nabi’s (ﷺ) all commandments as well as all sayings and acts which are not in the form of commandments, except such acts which have been specifically prohibited by Allah and Nabi (ﷺ).  It means Itba,a e Nabi (ﷺ)/ following Nabi ﷺ constitutes such a framework which is based on all Quranic verses as well as all sayings and acts of our Nabi (ﷺ).  Because this framework covers all aspects of our Nabi’s (ﷺ) life including political, social, economic, ethical, moral, legal, penal, judicial etc, it means Itba,a e Nabi (ﷺ) includes all collective systems e.g. political, economic, social etc. and all these collective systems are INTEGRAL parts of Itba,a e Nabi (ﷺ). In other words, Itba,a e Nabi (ﷺ)/ following Nabi ﷺ is in fact second name of Deen. 

We have also seen in the same article that ‘Munkareen e Hadith’ raise objection that human needs keep on changing with passage of time so it is not advisable to follow our Nabi (ﷺ) in all times to come because sayings and acts of our Nabi (ﷺ) were meant to meet the needs of his (ﷺ) time. This is a misconception to think that human needs are changeable with time. Actually human needs are the same as were developed at the time when human beings started living a social life. It is the ways and means to meet human needs, which keep on changing with passage of time. Human needs like those related to thirst, hunger, shelter, life, property, honor, recognition, freedom, personal growth, emotional stability, communication, transportation, justice, relationship, and intellectual guidance etc. are a few broad categories of human needs  which are the same as may be found  in the initial period of  human social life. Our Nabi’s (ﷺ) acts and sayings lead us to find out human needs as well as how to meet them. There may be hundreds of Different ways mentioned in 'ahadith' to fulfill the same need. 

 The ways and means described in ahadith to fulfill a need may be of two kinds; Different ways and means, and Contradictory ways and means. Two views/ acts are different views/ acts, if any one of the two may be adopted without negating or accepting the other one. Two views/ acts are contradictory views/ acts, if any one  of the two may NOT be   adopted without negating the other. If our Nabi (ﷺ) adopts two contradictory ways to meet the same need at different places/ times, such ways and means would be taken as time specific or people specific  [for details about difference between contradictory and different, plz see article https://secondriseofislam.blogspot.com/2015/07/khilafah-and-imamah-not-contradictory.html; for concept of time specific and people specific pls see  https://secondriseofislam.blogspot.com/2015/12/enforcement-of-islam-through-muslims.html.  As mentioned earlier, needs are permanent; they cannot be time specific or people specific. Only ways and means to meet a human need may be time specific and people specific, if they happen to be  Contradictory; if ways and means are Different only, they are not time specific or people specific. If ways and means happen to be time specific or people specific, we are not under obligation to follow such ways and means as they are; we are allowed to adopt other ways and means according to our own circumstances. But if ways and means are Different only (not Contradictory) we are under obligation to follow such ways and means. In other words,  the role of sayings and acts of our Nabi (ﷺ) to find out human needs and to find out Different ways and means to fulfill human needs is  unchangeable and permanent role.

As stated already, Ijtihaad is application of Shariah principles and their implications, to a situation not provided in Shariah. In  the light of the foregoing, we may find following basic principles of methodology of ‘Ijtihaad’. The first basic principle of Ijtihaad is that we must follow our Nabi ﷺ through Quran and Hadith- in other words, principles contained in Shariah (Quran and Hadith) are to be applied through Ijtihaad. These principles contained in Quran and Hadith are either in the form of acts or statements. Secondly, if any ways and means (acts or statements) mentioned in Hadith to meet any human need happen to be contradictory (time specific or people specific), we can adopt through Ijtihaad any other principle of Shariah as a way and mean to meet with the same need. Thirdly, if any ways and means (acts and statements) mentioned in Hadith to fulfil any human need are ‘Different’ only (not contradictory)- if ways and means are not time and people specific- we can adopt any one of such Different ways and means. Fourthly, if any way and mean (act or statement) mentioned in Hadith to meet with any need does not remain effective, or cannot be applied due to any reason, or cannot be applied effectively and efficiently, we can apply any other way and mean contained in Shariah principles and their implications. Fifthly, any provision of Shariah cannot be replaced or modified with any man- made provision (man-made provision is that which is not included in the Shariah principles and their implications); one Shariah principle (act or statement) can be replaced with another Shariah principle ONLY.