The Sharia Ruling of Ijtihad between Correctness and Error

 

This article aims to clarify the boundaries of correctness and error in Islamic jurisprudential ijtihad. Some modernists or critics of the idea of jurisprudential sectarianism argue that everyone is capable of directly examining the Quran and Sunna to derive Islamic rulings. They claim that following established jurisprudential rulings is akin to a form of priestly authority in Islam. Consequently, they claim that ijtihad is accessible to everyone, regardless of their ijtihad qualifications or scholarly capabilities. They argue that the door to ijtihad is open and that everyone’s opinion is liable to be taken or rejected, except for that of the Messenger of Allah (PBUH). This perspective undermines the structure of ijtihad by dismantling the criteria that qualify someone to issue fatwas (Ruling of Islamic Law) in contemporary times, effectively making ijtihad a free-for-all for anyone, regardless of their qualifications or expertise.

Ijtihad is the exertion of one's utmost effort in seeking a Sharia ruling. [1]Sharia rulings are divided into rational and textual. [2] Rational rulings include topics such as the creation of the universe, the existence of a Creator, and the proof of prophethood. These are fundamental principles of religion. Textual rulings are further divided into two categories: [3] Those that do not permit ijtihad: These are matters that are definitively established in Islamic law, such as the obligatory nature of prayer and fasting, and the prohibition of adultery, homosexuality, and drinking alcohol. Those who deny these fundamental principles are considered disbelievers by scholarly consensus. Those that permit ijtihad: These are matters where there is a difference of opinion among Islamic scholars, such as specific Sharia rulings that are not explicitly stated in the Quran or Sunna. In matters where there is a consensus among scholars, the consensus is considered the correct opinion. Anyone who goes against this consensus, after knowing it, is considered an evil sinner. "'As for matters where ijtihad is permissible, they are namely issues on which the jurists of different cities have differed on two or more opinions." [4].

Based on the aforementioned, scholars have differentiated between ijtihad in the branches of jurisprudence and ijtihad in the branches of theology (Kalam), which are beliefs known as rational rulings. Thus, it becomes clear that what is permissible for ijtihad is what is not definitively established, leading to differences of opinion.

Scholars have differed in their opinions regarding the judgment of ijtihad in this latter category of issues. Is every mujtahid correct in these matters, or are some right and others wrong? While all agree that the mujtahid whose opinion is considered valid is one who has mastered the tools of ijtihad, Imam Al-Juwayni, may Allah have mercy upon him, said: "And if the mujtahid is fully equipped for ijtihad, then if he exerts himself in the branches of Sharia law and is correct, he has two rewards, and if he exerts himself and errs, he has one reward.' [5] This statement is based on the hadith of the Messenger of Allah, peace be upon him: 'If a judge judges and is correct, he has two rewards, and if he judges and errs, he has one reward.' [6]"

Perhaps the difference in the narrations from the four imams concerning this matter is based on the initial existence of disagreement among them on this issue. Therefore, scholars have been divided into two groups: those who say that every mujtahid is correct, and those who say that some are correct and others are wrong. Imam al-Juwayni explains that the argument of those who say that some mujtahids are wrong is based on the hadith of the Prophet, peace be upon him: 'Whoever tries their best to decide correctly and is correct, they have two rewards, and whoever tries their best to decide correctly and errs, they have one reward." [Agreed upon]. [7].

Following are the opinions of each group:

Firstly, those who believe every mujtahid is correct: They argue that every mujtahid is initially correct in matters of opinion, based on the premise that Allah The Almighty does not have a specific predetermined ruling for every issue. Rather, the ruling is determined by the mujtahid's reasoning and the preponderance of their opinion. Imam Al-Ghazali held this view, [8] and it is reported to be the apparent position of Malik and Abu Hanifa, may Allah have mercy upon them. It is also the position of the Mu'tazilis and Abu Al-Hasan Al-Ash'ari. [9] Imam Al-Ghazali states: 'People have differed on this matter, and there are differing narrations from Al-Shafi'i and Abu Hanifa. In general, some people have said that every mujtahid in matters of opinion is correct, while others have said that only one is correct. Both groups have differed on whether, in a matter where there is no explicit textual evidence, there is a specific divine ruling that the mujtahid seeks to discover. Those who hold the view that every mujtahid is correct maintain that in a matter where there is no explicit textual evidence, there is no specific ruling to be sought through reasoning. Rather, the ruling follows the opinion, and Allah's judgment for each mujtahid is whatever predominates in their opinion. This is the preferred view.' [10]"

Therefore, those who hold the view of 'Taswiyb' (affirming the correctness of every mujtahid) believe that a mujtahid is always correct. In fact, they argue that the outcome of their ijtihad is precisely what Allah intends as the ruling.

Secondly, those who believe some mujtahids are wrong: They argue that for every issue, there is a specific divine ruling. If a mujtahid discovers this correct ruling, they have two rewards; if they err, they are simply mistaken and not sinful. This is the opinion of Abdullah ibn Mubarak, [11] al-Shafi'i, may Allah have mercy upon him, [12] and a large group of scholars. Al-Shirazi, may Allah have mercy upon him, states: 'As for matters where ijtihad is permissible, namely issues on which the jurists of different cities have differed on two or more opinions, our scholars have differed on this matter. Some of them have said that the truth lies in only one of these opinions, and all others are incorrect, except that the one who errs is not held accountable for a sin. The proponent of this view stated that this is the position of al-Shafi'i, may Allah have mercy upon him, and there is no other opinion from him.' [13]"

Regarding whether a mujtahid is held accountable for error, it has been narrated from Ibn Mubarak and Imam Shafi'i, along with a majority of scholars, that the sin is lifted from the one who errs without negligence. [14] However, there are those who have explicitly stated that the one who errs is sinful. Al-Qadi Abu Bakr al-Ash'ari narrated from Abu Ali Ibn Abi Huraira that he used to say: 'The truth among these opinions is one, definitively determined by Allah, and the one who errs is sinful, and ruling contrary to it is explicit. This is the opinion of Al-Asam, Ibn Aliya, and Bishr Al-Marisi.' [15]"

Therefore, the prevailing opinion, according to the majority of scholars, is that a mujtahid is either correct or mistaken, and they are cleared from sin in the case of error.

Ijtihad in Beliefs and Principles Based on Narrations:

The Imams Ahlu Sunna Wal Jama`ah, as well as the Mu'tazilis, unanimously agree that ijtihad in matters of reason differs from ijtihad in matters of Islamic law. A mujtahid in matters of reason is either correct or incorrect, and there is no room to say that both are correct. Rather, the one who errs is sinful. Al-Juwayni says, "Some have said that every mujtahid in the branches of Islamic law is correct, but it cannot be said that every mujtahid in the principles of theology is correct."[16]

Imam al-Shirazi further clarifies what prevents ijtihad by saying, "As for matters of reason, such as the creation of the universe, the existence of a creator, and the prophethood, and other fundamental principles of religion, the truth in these matters is one, and anything else is false."[17]

The claim that a mujtahid in theological matters is always correct, by analogy to the branches of Islamic law, is an odd opinion and has not been held by anyone other than Al-Jahiz and Al-'Anbari. For this reason, al-Isnawi says, "It is well-known that not every mujtahid in matters of reason is correct, but the truth in these matters is one. Whoever finds it is correct, and whoever misses it is wrong and sinful. Al-'Anbari and Al-Jahiz said that a mujtahid in these matters is correct, meaning there is no sin upon him, but they are refuted by consensus, as reported by Al-Amadi."[18]

Al-Shirazi, may Allah have mercy upon him, presents the justifications that some have given for Al-'Anbari’s view, saying: "It has been narrated from 'Abd Allah Ibn Al-Hasan Al-‘Anbari that he said: "Every mujtahid in matters of the principles of jurisprudence is correct." Some people have interpreted this statement from him to mean that he only intended the principles of religion in which the people of the Qibla (Muslims) differ, and in which the opposing views rely on verses and traditions that are subject to interpretation, such as seeing Allah, the creation of actions, anthropomorphism, and the like. This is in contrast to matters that involve differences between Muslims and non-Muslims. The evidence for the fallacy of his statement is that these opinions that contradict the truth, such as anthropomorphism and the negation of divine attributes, cannot be permitted by Islamic law. Therefore, it is not permissible for the one who holds such opinions to be considered correct, just like the belief in the Trinity and the denial of the prophets." [19]

Abu Al-Husayn Al-Basri, the Mu'tazilite, said: "Those who believe in something with contradictory beliefs cannot all be right; such as those who believe that Allah, the Exalted, can be seen in some states, and those who believe that He cannot be seen in any state. And ‘Abd Allah ibn al-Hasan al-‘Anbari said that those who exert ijtihad in the fundamentals of religion, such as those who don`t liken Allah to creation and those who liken Allah to creation, those who believe that man has free will and those who don`t, are all correct. And we should clarify the meaning of our saying 'correct,' and then we should explain that it is not possible for contradictory beliefs to coexist in it." [20]

Therefore, a mujtahid in theological issues or rational questions is either correct or mistaken, and the one who is mistaken is undoubtedly sinful. The statement of al-Jahiz and al-‘Anbari cannot be taken into consideration, as they have gone against the consensus.

Summary and Conclusions:

Based on the preceding discussion, it becomes evident that:

1. The scope of acceptable ijtihad is tied to those who possess the tools of ijtihad and whose opinions are considered authoritative.

2. Considerable ijtihad is that in which the mujtahid has exerted their utmost effort and capacity to reach a judgment.

3. Ijtihad is not permissible in matters that have definitive proofs or in rational and fundamental issues based on traditions.

4. Ijtihad is permissible in matters where there is room for disagreement, where the evidence is probabilistic, and where scholars of recognized ijtihad differ in their interpretations.

5. Scholars have differed on the question of whether every mujtahid is correct. Some have said that a mujtahid is either correct and rewarded or mistaken but not sinful. The consensus is that those who consider the mistaken mujtahid sinful are not considered authoritative among scholars. It is unanimously agreed that those who err in rational matters are sinful.

6. The notion of religious priesthood in following established legal schools is invalid. This is because following established legal schools prevents fatwas from being contradictory, conflicting, and destructive. Adhering to established legal schools is not a form of legal priesthood but rather a recourse to legal experts. It is a manifestation of Islamic civilizational progress, as it gives great importance and respect to specialization. Allah Says (What means): "And ask those who know if you do not know." [An-Nahil/43].

7. It is important to avoid accusing others of disbelief (Takfir) or deviance (Tafsiq) simply for disagreeing. Matters in which scholars have permitted disagreement do not justify hostility towards those who hold different opinions or labeling them as outside the fold of Islam or diminishing their scholarly, social, or religious status.

 

 

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[1] - Irshad al-Nuqad ila Taysir al-Ijtihad by Muhammad ibn Ismail ibn Salah ibn Muhammad al-Hasani, al-Kahlanī then al-San'ānī, Abu Ibrahim, 'Izz al-Din, known like his ancestors as al-Amir (died: 1182 AH), edited by Salah al-Din Maqbul Ahmad, published by Dar al-Salafiya – Kuwait, 1405 AH, p. 8.

[2] - Al-Luma' fi Usul al-Fiqh by al-Shirazi, Abu Ishaq Ibrahim ibn Ali ibn Yusuf al-Shirazi (died 476 AH), Dar al-Kutub al-'Ilmiyya, second edition 2003 AD - 1424 AH: (129), with modifications.

[3] - Al-Luma' fi Usul al-Fiqh by al-Shirazi, p. (129), with modifications.

[4] - Al-Luma' fi Usul al-Fiqh by al-Shirazi, Abu Ishaq Ibrahim ibn Ali ibn Yusuf al-Shirazi (died 476 AH), Dar al-Kutub al-'Ilmiyya, second edition 2003 AD - 1424 AH: (pp. 129-130), with modifications.

[5] - Sharh al-Waraqat fi Usul al-Fiqh by Jalal al-Din Muhammad ibn Ahmad ibn Muhammad ibn Ibrahim al-Mahalli al-Shafi'i (died: 864 AH), introduced, edited, and annotated by Dr. Husam al-Din ibn Musa Afana, 1st edition, published by Al-Quds University, Palestine, 1420 AH - 1999 AD, p. (218).

[6] - Narrated by al-Bukhari, Sahih al-Bukhari, Muhammad ibn Ismail Abu Abdullah al-Bukhari al-Ja'fī, Dar Tawq al-Najat, 1422 AH, vol. 9/108. And Muslim, Sahih Muslim, Muslim ibn al-Hajjaj Abu al-Hasan al-Qushayri al-Naysaburi, Dar Ihya al-Turath al-Arabi, Beirut, vol. 3/1342, hadith number (1716).

[7] - Sharh al-Waraqat fi Usul al-Fiqh, (p. 218), previously cited.

[8] - Al-Mustasfa by Abu Hamid Muhammad ibn Muhammad al-Ghazali al-Tusi (died: 505 AH), edited by Muhammad Abdul Salam Abdul Shafi, published by Dar al-Kutub al-'Ilmiyya, 1st edition, 1413 AH - 1993 AD, (p. 352).

[9] - Al-Luma' fi Usul al-Fiqh by al-Shirazi, (p. 130), previously cited. See also: Al-Faqih wa al-Mutafaqih by Abu Bakr Ahmad ibn Ali ibn Thabit ibn Ahmad ibn Mahdi al-Khatib al-Baghdadi (died: 463 AH), edited by Adel ibn Yusuf al-Gharazi, Dar Ibn al-Jawzi – Saudi Arabia, 2nd edition, 1421 AH, (vol. 2 / 114).

[10] - Al-Mustasfa (p. 352), previously cited.

[11] - Al-Faqih wa al-Mutafaqih by al-Khatib al-Baghdadi (vol. 2 / 114), previously cited.

[12] - Al-Risalah by Imam al-Shafi'i, Abu Abdullah Muhammad ibn Idris ibn al-Abbas ibn Uthman ibn al-Shafi'i ibn Abdul-Muttalib ibn Abdul-Manaf al-Qurashi al-Makki (died: 204 AH), edited by Ahmad Shakir, published by Maktabah al-Halabi, Egypt, 1st edition, 1358 AH/1940 AD, p. 494.

[13] - Al-Luma' fi Usul al-Fiqh by al-Shirazi (p. 130), Nihayah al-Sul Sharh Minhaj al-Wusul (p. 399), and see: Al-Ibhaj fi Sharh al-Minhaj (vol. 3 / 257), and see: Al-Mustasfa (p. 352). And see: Al-'Iddah fi Usul al-Fiqh (vol. 5 / 1554).

[14] - Al-Risalah, by Imam al-Shafi'i, p. 494, previously cited.

[15] - Al-Luma' fi Usul al-Fiqh by al-Shirazi (p. 130), previously cited.

[16] - Sharh al-Waraqat fi Usul al-Fiqh, (p. 225), previously cited.

[17] - Al-Luma' fi Usul al-Fiqh by al-Shirazi (p. 129), previously cited.

[18] - Nihayah al-Sul Sharh Minhaj al-Wusul, by Abdul Rahim ibn al-Hassan ibn Ali al-Isnawi al-Shafi'i, Abu Muhammad, Jamal al-Din (died: 772 AH), 1st edition, published by Dar al-Kutub al-'Ilmiyya - Beirut - Lebanon, 1420 AH - 1999 AD, (p. 399).

[19] - Al-Luma' fi Usul al-Fiqh by al-Shirazi (p. 129), previously cited.

[20] - Al-Mu'tamad fi Usul al-Fiqh by Muhammad ibn Ali al-Tayyib Abu al-Husayn al-Basri al-Mu'tazili (died: 436 AH), edited by Khalil al-Mays, published by Dar al-Kutub al-'Ilmiyya – Beirut, 1403 AH, (vol. 2 / 398).