بسم هللا الرحمن الرحيم نحمده و نصلى على رسوله الكرم و على آله وأهل بته وأصحابه أحجمعن

والعصر

إن اإلنسان لف خسر

إال الذن آمنوا وعموا الصالحات وتواصوا بالحق بالصبر

السماء ف فرعها و ثابت أصلها طبة كشجرة طبة كلمة مثل

Iqbal’s view of Ijtihad

Presented To:

Highly Respectable and Reputable:

Dr. Hammad Lakhvi

بسم هللا الرحمن الرحيم

By:

Muhammad Abdullah

Dr. Muhammad Iqbal (1877-1938) Our National Poet

The Reconstruction of Religious Thought in Islam (1930)

This is a collection of Iqbal‟s six lectures which he

delivered at Madras, Hyderabad and Aligarh.

Iqbal calls for the renewal of the intellectual

foundations of Islamic philosophy in a manner

suited to the scientific climate of the modern age.

The Reconstruction of Religious Thought in Islam (1930)

He tries to meet the challenge of materialist thought

on its own ground.

These issues are discussed briefly in a thought

provoking manner in the light of Islam and the

modern age.

The Principles of Movement in the Structure of Islam.(إجتهاد)

Importance of Ijtihad.

Political system of Islam.

Turkish Movements.

Limits of Ijtihad.

Sources of Ijtihad.

Closings & conclusions.

Questions.

Importance Of Ijtihad Tendency Of The Universe:

1. Physically universe is expanding, and its

expansion is very much balanced in nature.

2. Muslims never believed its old static theory.

لموسعون إنا و بأد ها بننا والسماء

تزوال ألن واألرض السماوات مسك هللا إن

Importance Of Ijtihad From Human History:

1.Christianity failed due to monasticism in the

Roman Empire.

2. The 4000 years old civilization destroyed due to

Static bases

ظهر الفساد ف البر والبحر بما كسبت أدي الناس لذقهم بعض الذي

عملوا لعلهم رجعون

Importance Of Ijtihad Tendency Of The Human Nature:

1. Color, race, traditions, land and other Static

Symbols of life are not essential.

كم اتقى هللا عند أكرمكم إن

2. Psychological foundation of human unity

becomes possible only with the view that all human

life is spiritual in its origin

سجدن له فقعوا روحى من فه ونفخت سوته فإذا

Importance Of Ijtihad Need Of New Civilization:

The new culture finds the foundation of world-unity

in the principle of Tauhid. As Allah is the ultimate

spiritual basis of all life, loyalty to Allah is truly

man's loyalty to his own ideal nature.

Importance Of Ijtihad Natural Structure Of Islam:

1. Everlasting Principles: So that it may not dissolve in this dynamic universe, and to regulate its collective life.

2. Dynamic principles: Because the variation is among the Biggest signs of Allah.

وألونكم ألسنتكم واختالف واألرض السموت خلق آته ومن Idealism and flexibility are two basic tools for life

survival. السماء ف فرعها و ثابت أصلها طبة كشجرة طبة كلمة مثل

Importance Of Ijtihad In The Light Of Quran:

Well-known verse of the Quran:–

“And to those who exert We show Our path.”

(القرآن)والذن جاهدوا فنا لنهدنهم سبلنا و إن هللا لمع المحسنن

Importance Of Ijtihad In The Light Of Hadith:

Maaz Bin Jabal Appointed To Yemen:-

“I will judge matters according to the Book of God,"

Prophet asked: “But if the Book of God contains

nothing to guide you? He answered “Then I will act

on the precedents of the Prophet of God.” Prophet

asked again:" But if the precedents fail?” He

answered: “Then I will exert to form my own

judgment.”

Importance Of Ijtihad In The Light Of Hadith:

من ه وسلم بعث معاذا إلى ال عل صلى هللا أن رسول هللا

ف تقض؟؟: فقال ك

فقال : .أقض بما ف كتاب هللا

؟؟: قال كن ف كتاب هللا فإن لم

ه وسلم : قال عل صلى هللا ة رسول هللا .فبسن

ه وسلم ؟؟: قال عل صلى هللا ة رسول هللا كن ف سن فإن لم

أجتهد رأ: قال.

ه وسلم : قال عل صلى هللا الذي وفق رسول رسول هللا الحمد لل دارمى, ترمذي , أبو داؤد ,أحمد

Importance Of Ijtihad Islamic Historical Evidence:

The early schools of Law recognize its three

degrees

(1) Complete authority in legislation, that Used by the

founders.إجتهاد فى الشرائع

(2) Relative authority, that used by the followers of

founders. إجتهاد فى المذاهب

(3) Special authority, to a particular case which was

left by the founders.إجتهاد فى المسائل

Importance Of Ijtihad Why It Stopped ??

Abbasid did not appreciate it to keep their control

for long time.

Due to clash between different inflexible schools,

Sufism attracted and finally wrapped up all the best

minds in Islam.

For fear of further collapse, after Baghdad fall, old

thinkers of Islam focused on preserving a uniform

social life.

Importance Of Ijtihad Need To Restart:

Since the real destiny of a people does not depend

so much on organization as on the value of

individual men.

After 13th century the tendency to over-

organization by a false respect of the history was

not according to the inner desire of Islam.

The spirit of Tauhid as a working idea is equality,

solidarity, and freedom.

Importance Of Ijtihad How It Restarted ??

1. Ibn e Taimīyyah rose voice against the finality of

the schools and he rejected Hanafi standard of

Qiyas.

2. Suyūtī claimed the same right of Ijtihād

3. Muhammad Ibn „Abd al-Wahhāb stressed on the

traditions of the Prophet instead of static Fiqah.

Political System Of Islam. Introduction:

“We have to re-evaluate our intellectual inheritance,

so we have a check on the rapid movement of

liberalism in the world of Islam.”

The State, according to Islam, is only an effort to

realize the spiritual in a human organization.

Political System Of Islam. Nationalist &Religious Parties:

In Islam the spiritual and the secular are not two separate domains.

As Holy Prophet PBUH said:

“The whole of this earth is a mosque.”

Turkish Nationalists get the idea of the separation of Church and State from the history of European politics, which is not true in Islam.

Political System Of Islam. State, Christian View:

Christianity was not appeared as a political unit, but

as a simple order in a dirty world, and obeying the

Roman law in all matters. When the State became

Christian, there came out clash between them.

Such a thing could never happen in Islam; Islam

was started as a civil society having a set of simple

legal principles of Quran.

Political System Of Islam. Caliphate, Ibne Khuldoon‟s View:

He gives three Hypotheses:

1. That Universal Imamate is a Divine body, and is so

essential (Ahle Sunaat)

2. That it is simply a matter of Use ness (Mutaziala)

3. That there is no need of such an institution

(Khuwarij)

Political System Of Islam. Caliphate, Turkish View:

Turk has the 2nd opinion due their past political

experience, because free Muslim States are

appeared, and there is no Muslim Caliphate.

As the power of the Quraysh has gone, so we have

to accept the most powerful man as Imam.

Movement In Turkey Introduction:

After Great War, Turkey has given up her sleep,

and got her self-consciousness. She alone has

passed from the ideal to the real, whereas most

Muslim countries are mechanically repeating their

old values.

Movement In Turkey Turkish Poet “Ziya”:

“ Restoring the Muslim Caliphate”

“Muslim nation must sink into her own deeper self,

until all are strong and powerful to form a living

family of republics.” i.e. Islam is neither Nationalism

nor Imperialism but a League of Nations which

knows artificial borders for reference only, and not

for restricting the social horizon of its members.

لتعارفوا وقبائل شعوبا وجعلناكم

Movement In Turkey Turkish Poet “Ziya”:

“Religion and Science”

First spiritual leaders of mankind were the

prophets, so philosophy followed them, but after

them religion became weak, so philosophy rejected

it and positive science appeared, that says,

“Tradition is history and Reason is the method of

history!” Religion and Science, both find

spiritualized heart.

Movement In Turkey Turkish Poet “Ziya”:

“Arabic in the educational system”

“If the aim of religion is to spiritualize the heart,

then it must enter the soul of man, in his mother

tongue.”

According to Quran:

شاء من فضل لهم لبن قومه بلسان إال الرسول من أرسلنا وما”

“الحكم العزز وهو شاء من هدى و

4 آة إبراهم

Movement In Turkey Turkish Poet “Ziya”:

“Idea of Womanhood ”

“Woman is an integral part of my life. Hence

equality is necessary in three things, divorce,

separation and inheritance.”

Otherwise she‟ll try to get her rights from our hands

through a revolution.

Limits Of Ijtihad Liberal Ijtihad Calls Disparity:

1. Our Reformers may not exceed the proper limits

of Ijtihad as happened with Protestants, which

produced the war in Europe.

2. We should move forward with self-control to set

up an Islamic social society.

3. Non Muslims have not any kind of authority for

Ijtihad.

Limits Of Ijtihad Capability Of Evolution:

Hazrat Umer said:

“The Book of God is sufficient for us.”

Horten, (University of Bonn) said:

“A Muslim always adjusts his religious outlook to the basics of culture which he takes from the peoples that surround him.”

The founders of our schools did not claim finality of their Laws.

Limits Of Ijtihad Capability Of Evolution:

Up to the beginning of Abbasids, there was no

written law of Islam except for the Qur‟an.

Up to the 19 schools of law appeared from 50 Hijri

to 400 Hijri.

Four accepted sources of Islamic Law and their

controversies prove further possibility of a further

evolution.

Sources Of Ijtihad: 1.Quran A Complete Guidance:

Spiritualizing: Unlike Christianity and Judaism; Quran

combines all fields of life in a single contact to

spiritualize individual and social life, it has dynamic

point of view so it can support the idea of evolution.

Personal Identity: People cannot reject their past

completely, because it is their personal identity.

Sources Of Ijtihad: 1.Quran A Complete Guidance:

Universality: Islam is not a local in its character, and

its aim is to give a model for the final combination

of humanity by self-consciousness of their own.

Equality: Socially neutral rules are not need to be

changed because they produce external and

internal equality in all types of people.

Sources Of Ijtihad: 1.Quran Legal Structure Of Quran:

Our early doctors of law took their ideas mainly

from Holy Quran and produced many legal

systems; and nearly half the victories of Islam as a

social and political power were due to the legal

depth of these doctors, but they could not claim any

finality of their legal systems.

Shātibī says: The Law of Islam aims to save five

things, Dīn, Nafs, „Aql, Māl, and Nasl.

Sources Of Ijtihad: 1.Quran Womanhood And Quran:

Ziya could not realize family law of Islam.

1. The wife at the time of marriage is at liberty to get the equality of divorce with her husband.

2. In Islam marriage is a civil contract.

غلظا مثقا

3. Differences in the shares of inheritance do not mean low social status of woman.

بالمعرف علهن الذى مثل ولهن

Sources Of Ijtihad: 1.Quran Womanhood And Quran:

A husband in Islam uses his inheritance to support

his family while a wife has not to so compulsorily.

He pays a marriage gift to his wife rather than the

opposite.

بالمعروف وكسوتهن رزقهن له المولود وعلى

نحلة صدقتهن النساء وآتوا

Sources Of Ijtihad: 1.Quran Quran And Woman Heirs:

There are three possible cases:

Both have equal share

Man gets more

Woman gets more

Sources Of Ijtihad: 1.Quran Quran And Woman Heirs:

1. Both have equal share

Parents have equal part

If there are children

Father = 1/6

Mother = 1/6

Children = Remaining

Father

Mother

Children

وألبوه لكل واحد منهما السدس

Sources Of Ijtihad: 1.Quran Quran And Woman Heirs:

2. Man gets more

Daughter and son case

Son = 2/3

Daughter = 1/3

وصكم هللا ف أوالدكم للذكر مثل حظ األنثن

Ijtihad: 1.Quran Quran And Woman Heirs:

3. Woman gets more:

Parents- Husband case

According to Ibn Abbas

Father = 1/6

Mother = 1/3

Husband = 1/2

الثلثان لم كن له ولد وورثه أبواه فألمه

ماترك ازواجكم إن لم كن لهن ولدنصف ولكم

Sources Of Ijtihad: 2.Hadith Authenticity Of Hadith:

“Most part the collections of Sunnah considered by

the Moslems as canonical are authentic records of

the early history of Islam.”

(Mohammedan Theories of Finance)

Sources Of Ijtihad: 2.Hadith Types Of Hadith:

We have two types of

Hadith, purely legal

and non-legal in spirit. Hadith

Legal Other

Sources Of Ijtihad: 2.Hadith Pre-Islamic Traditions Of Arabia

Such legal customs of Arabia having silent support of the Holy Prophet PBUH were planned to be universal in their use,

Or they now could be modified by other cultures?

Pre-Islamic

Traditions

Of Arabia

Modified

by the

Prophet

Taken

as a

whole

Sources Of Ijtihad: 2.Hadith Sha Wali Allah: Wahi & Local Culture

A Prophet gives the revealed Principles based on the social life of all mankind, and to give a suitable example of these Principles he applies them directly to the local culture of his nation. The Ahkām resulting from this application (e.g. penalties & crimes) are in a sense specific to that people; these rules cannot be strictly required in the case of future generations or in another culture.

Sources Of Ijtihad: 2.Hadith Imam Abu Hanifa‟s View:

Abū Hanīfah did not use of these traditions due to

universal character of Islam. He introduced the

principle of Istihsān, which is careful study of actual

conditions in legal thinking.

Sources Of Ijtihad: 2.Hadith Muhaditheen‟s View:

Muhaditheen, used solid case instead of

hypothetical thinking in law, have done the greatest

service to the Law of Islam.

Sources Of Ijtihad: 2.Hadith A Way To Recognize Quran:

A deep study of Hadith, tells us the life-value of the

legal principles pointed out in the Qur‟an. It can

provide us a rule to reinterpret the foundational

principles.

الكفرن الحب هللا فإن تولوا فإن والرسول هللا أطعوا قل

Sources Of Ijtihad: 3.Ijmaa Ijmaa Of The Companions:

Karkhee says: “The

Sunnah of Sahaba is

only compulsory in

issues which cannot be

cleared up by Qiyās,

but it is not so in

matters which can be

known by Qiyās.”

Ijmā„ of the

companions

Fact Law

Sources Of Ijtihad: 3.Ijmaa Ijmaa, After companions :

Umayyad and the Abbasid Caliphs did not allow

establishing a stable lawmaking body so it might

become too powerful for them. Therefore they give

power of Ijtihād to individual Mujtahids.

Sources Of Ijtihad: 3.Ijmaa Persian constitution of 1906:

“The king is a natural custodian of the kingdom

which really belongs to the Absent Imām. The

Ulema consider themselves free to control the

whole life of the community”.

It is not free from danger.

Ijtihad: 3.Ijmaa Precautions in Modern Ijmaa:

New world demands the idea of Ijmaa in modern

Muslim assembly but it can make serious mistakes

so to avoid these mistakes we have to improve our

knowledge about the details of Islamic Law, and to

combine it with a bright study of modern philosophy

of Law.

Sources Of Ijtihad: 4.Qiyas An Introduction:

Due to the variation of situation, the school of Abū

Hanīfah saw, little or no guidance from traditions.

So they had to find analogical approximate reason

in their interpretations, which we may call Qiyas.

Sources Of Ijtihad: 4.Qiyas Limitations Of Qiyas:

Early Ahnaf ignored the creative freedom of life by

applying the Aristotelian logic which resulted

lifeless mechanism. The sharp criticism of Mālik

and Shāfi„ī on Abū Hanīfah‟s principle of Qiyas be

really an effective Semitic control on the Aryan

tendency to enjoy the idea rather than the event.

So the limits of Qiyas were declared and it became

more creative.

Sources Of Ijtihad: 4.Qiyas Closing The Ijtihad:

It is pure fiction suggested partially by the

crystallization of legal thought in Islam, and partially

by that intellectual laziness.

Now modern Ahnaf eternalized the teachings of

their founders. As the early Maliki and Shafi„i

eternalized the decisions given on concrete cases.

Quran does not support both of these views.

Closings Need Of Humanity :

1. A spiritual interpretation of the universe,

2. Spiritual freedom of the individual,

3. Basic principles of a universal significance

directing the evolution of human society on a

spiritual basis

Closings Europe Vs Islam:

Modern Europe is trying these three principles in

her systems, but, by the view of rationalism whose

function is to utilize the poor and care the rich, that

is the greatest barrier in the way of man‟s ethical

progression.

Closings Common Muslim.

The Muslim ultimately believes in revelation, which, speaking from the inmost depths of life, personalizes its own apparent externality. He believes in spiritual basis of life so even a liberal man among us can easily lay down his life. So the modern Muslim has to reconstruct his social life in the light of these ultimate principles.

Conclusions Universality Of Islam:

– Islamics Principles are very much strong and

dynamic so they are valid absolutely.

– Liberal Ijtihad could be very dangerous in

practice.

– We‟ll apply Islamic principles by careful Ijtihad to

survive in this modern age.

Questions??

1. Concept of Ijtihad in the light of Quran (Islam).

2. Be it an institute in the entire Muslim History?

3. When, how and who closed it?

4. When, how and who reopened it?

5. Who be the authority for it in 1st Hijri & now?

6. Could be the structure of Islam moved?