Urgent Need for Ijtihad in our times

Ijtihad, Rethinking Islam

27 Sep 2008, NewAgeIslam.Com

Urgent Need for Ijtihad in our times

By Dr Asghar Ali Engineer   OURS is one of the most progressive religions. The Prophet of Islam (PBUH) was surprisingly open and modern in his concepts. He not only accepted validity of other religions before him through divine word but emphasised peaceful coexistence with all, if others do not take up arms against Muslims.   He drew up the Covenant of Madina to promote harmonious co-existence between all faiths and called it one community. The Quran emphasised the doctrine of freedom of conscience (la ikrah fi'deen – 2:256) which was no less than a revolutionary concept in those days. It is also a harbinger of human rights as it declares, "We have given equal honour to children of Adam" (17:70).   The Quran also declared gender equality when it says, "And women have rights similar to those against them in a just manner." (2:228). These are revolutionary declarations. The world realised equal dignity of human beings, gender equality and freedom of conscience only in the 20th century whereas Islam had declared this more than 1,400 years ago.   But today we see very different practices in the Muslim world. Many even accuse Islam of not permitting human freedom and deny human rights; women enjoy few rights in the Muslim world. Partly it is due to misconceptions and partly the Muslim world is responsible for all this. The conservatism which we see in the Muslim world today is more cultural and due to social structures, as it developed through centuries of monarchical or colonial rule which strengthened feudal values.   What developed by way of jurisprudence during these centuries was taken as authentic teachings of Islam representing its values. However, fact was that Quranic teachings were too revolutionary for the early medieval society to be accepted and hence the then social values became predominant and the dream of a Quranic society remained unfulfilled. Time has now come to realise this dream in more concrete terms.   The Prophet of Islam (PBUH) with his vision had realised that the Quranic teachings may not be easily accepted as prevalent social structures would try to overwhelm the Quranic values. Also, he wanted society to move ahead and not remain stagnant. He thus left room in the Sharia for the doctrine of ijtihad i.e. maximum assertion of human intellect to resolve new problems arising in society.   We find this doctrine enunciated in the hadith pertaining to his companion Ma'az bin Jabal who was appointed by the Prophet as governor of Yemen. The Prophet advised him to resolve problems through ijtihad if he did not find their solution in the Quran and the Sunnah. He also said that if one commits a mistake in doing ijtihad, one would be rewarded for the sincere effort; if one finds the correct solution then the reward would be twice as much.   One will hardly find such parallels in history of other religions where intellectual freedom to solve problems is promoted instead of falling back on conservatism. There is complete consensus among ulema on the concept of ijtihad as the way forward, yet the tragedy is that none encourages its application. This is not because of Islam but because of social conservatism pervading the Muslim world.   It is not only a necessary exercise today, it is, I believe, obligatory on scholars committed to the Quranic values to attempt ijtihad in order to rediscover the spirit of the faith. Many extremist and militant Islamic groups have promoted serious misunderstandings about the values and teachings of Islam and have thus hijacked it for their own political agenda.   Also, unlike during the Muslim rule in the first few centuries, a vast number of Muslims live as minorities in various non-Muslim-majority countries. There is a great need to develop a new code to serve the needs of these substantial Muslim minorities so that they could live with a good Islamic conscience.   Only ijtihad can make that a reality.   The writer is an Islamic scholar and heads the Centre for Study of Society and Secularism, Mumbai. http://www.newageislam.org/NewAgeIslamArticleDetail.aspx?ArticleID=813