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Shiavault - a Vault of Shia Islamic Books Kashaf-ul-haqaiq CHAPTER 4: IJTIHAD Before I start discussing this important topic I think it is better if I were to mention a few points. The majority of us, in fact the majorities of the majority are of the understanding that whatever you hear you should accept and not try to find out what the reality is.

That is why when someone tries to explain the reality to them, they are surprised when it contradicts with their beliefs which they know nothing about, and then they start arguing. Therefore it is better for me to explain a few things beforehand so that it would cut out unnecessary arguments later on. IJTIHAD Ijtihad is the maximum efforts of a jurist to enable him to get the presumption of a Sharia law - Allama Asad Haider.

This is not my definition but one that I have taken from a Mujtahid and therefore am free from any blame. Anyhow, I thank Allah (s.w.t.) that in the very beginning it has reached the minds of my readers that Ijtihad has nothing to do with certainty. If the foundation of Sharia law were to be set on Ijtihad, which permits conjecture, then the result would be subject to doubt.

Let me quote another Mujtahid, Allama Bakhshahi of Tehran from his book ‘Imam Ja’far Al Sadiq (a.s.) Peshwa U Mazhab’, where he states: ‘The significance of Ijtihad in relation to Islamic Law is such that a Mujtahid takes the raw material of information and then processes it in his factory by doing Ijtihad and then supplies the final product to the Islamic Society. This is why the thinker Agha e Mutahhari has referred to Ijtihad as the engine that drives Islam.

Apparently it cannot be refuted that during the times of the Inafallibles (a.s.) the term Ijtihad was not there, and even in the traditions it has never been used like it is being done today in reference to the Shia and the Sunni jurists. This term was neither used to refer to the Infallibles (a.s.) nor did they use it for any of their companions who were scholars.

He goes on to say that, ‘We also see that until the 4th and the 5th century Hijra, the scholars use to make use of the term Ijtihad in reference to analogy and opinion. For example Sheikh Tusi in his book ‘Uddat Ul Usool’, in one of his arguments has referred to Ijtihad to mean analogy’. Let us take a breather here and let this sink in for a while.

1.The terms Ijtihad and Mujtahid have nothing to do with the Holy Infallibles (a.s.) and they never used these words in the manner that is being done today.