That exit was nothing but the enactment as a law the freedom...
That exit was nothing but the enactment as a law the freedom of experiencing one’s personal opinions and views as regards the issues of the religious legislation so that `Umar, as well as those who would follow his course, would be excused in whatsoever decision they would take. As a consequence, the Muslims had to be separated into two parties.
The first party embraced those who rejected any personal judgment or deduction unless they are inferred in the light of the texts of the Holy Qur'an and Sunnah—the two major sources of the Islamic legislation. The second party embraced those who argued that efforts should be exerted in issuing laws in events about which no sacred text is found and argued that only that which conforms to the public interests would be issued even if it would be in violation of the sacred texts.
Interest has been the strongest means that was adopted by the rulers who always claimed that they ordered of matters and warned against others only due to the achievement of the public interests. However, there is an inescapable question that they should answer: Were all these decisions that were claimed to achieve the public interest deduced from the sacred texts of the Holy Qur'an and Sunnah or not?
When the followers of the trend of thorough compliance with the sacred texts adopt a secondary ruling, they will certainly have adopted it in the light of the sacred texts and for a period limited by the necessity, not out of personal perspectives. On the other hand, the interest in the trend of the pro-caliphs was derived from the act of the caliph and his personal appreciation of a certain question and such ruling would be permanent, not limited.
Of course, there is a great difference between the two. It is undeniable that Ijtihad is so elastic and streamlined that none can stop its procession. One who assumes Ijtihad will find himself the best example on Imam `Ali’s description in the famous sermon of al-Shaqshaqiyyah where he says, “One in contact with it was like the rider of an unruly camel.