For this reason...

For this reason, unlike the understanding of the infallible Imāms ( ‘a ), the theory of ijtihād is not considered a flawless pillar of the religion. Rather, at most it is an understanding which serves as a proof [ ḥujjah ] for the mujtahid and those who emulate him [ muqallidīn ]. Therefore, the concept of “proof” [ ḥujjiyyah ] distinguishes ijtihād from speculative interpretation [ tafsīr bi’r-rayy ].

Forbidding of speculative interpretation starts exactly from the moment when systematic reasoning is lost. As such, in replying to a juristic question, a mujtahid must traverse difficult and tortuous ways. The reason for this is that the faqīh does not treat religious laws as facilitators. His aim is to try his best so that his deduction is within the framework of a set of rules and this is the reason for the concern for credibility—so that it may serve as “proof”. Dynamism of ijtihād.

Since Islam is the final religion, it must be able to offer answers to the problems and predicaments of every age. “Final religion” means that its rules are such that they are applicable in every period. It is true that ijtihād is exercised within the framework of specific rules, but it gives the mujtahidīn the opportunity to offer answers to the problems of his particular time by referring back to the religious sources.

In the Islamic sharī‘ah , there are alterable elements which make it possible for laws to be implemented in different areas. Some of these elements are as follows: a. In the Islamic sharī‘ah , rules are presented in general form. Since the addressees of the religion are all people in all places, many of the laws are in the form of permanent rules and not confined to a particular time in history. For example, the principle of pacta sunt servanda [^4] covers every treaty at every period. b.

In the Islamic sharī‘ah , apart from the common laws that are implemented in normal conditions, certain laws are considered for special conditions which are called secondary laws [ al-aḥkām ath-thānawīyyah ]. These laws make it possible for the sharī‘ah to conform to special conditions. For instance, in an emergency situation in which it is not possible to implement a mandatory law, as long as the situation is not normalized, it is not mandatory to implement it.

Or, in the case that the implementation of a law causes harm to a person or persons, it must not be implemented. c.