[^27] Ijtihad as a Technical Term There is no consensus of...

[^27] Ijtihad as a Technical Term There is no consensus of opinion among scholars belonging to dif­ferent Islamic schools regarding the literal meaning of the term ijtihad. A section of Sunni `ulama' believes that ijtihad means making effort and endeavour in order to achieve presumption (zann) regarding a hukm (law) of the Shari'ah. The same definition is also found in the writings of some Shi'i `ulama'. But this interpretation was first proposed by a group of Sunni `ulama'.

In any case, it would be appropriate to cite some of the views held by Shi'i and the Sunni `ulama' in this regard: (a) The great `Allamah Sayf al-Din al-'Amidi al-Shafi`i (d.631/1234) says: Ijtihad means putting in of effort and endeavour in order to reach presumption (zann) regarding one of the ahkam of the Shari'ah in such a manner that one feels that he can do nothing more. [^28] (b) Al-`Allamah Ibn Hajib Abu `Amr `Uthman ibn `Umar ibn Abi Baler al-Kurdi al-Maliki (c.

570 - 646/1174 - 1248) writes in his Mukhtasar al-‘usul: Ijtihad means making effort to arrive at presump­tion or conjecture regarding a hukm of the Shari'ah. (c) Qadi `Abd al-Rahman ibn Ahmad ibn `Abd al-Ghaffar al-Shafi`i al-Adudi (d. 756/1355) , in his book Sharh Mukhtasar usul Ibn Hajib, writes: Ijtihad is employing one's effort and capacity in the way of arriving at a presumption regarding some hukm of the Shari'ah.

(d) Abu Hamid Muhammad al-Ghazali al-Shafi`i (460-505/1068­1111) quotes the writer of Fawatih al-rahamut to the effect that: Ijtihad is the effort made on the part of the faqih to derive a presumed hukm of the Shari`ah. [^29] (e) Muhammad Ma`ruf al-Dawalibi writes: Ijtihad means the exer­cise of ray which is not acceptable to all the `ulama', for if it is accept­ed by all it would be called ijma` (consensus), not ijtihad. Therefore, ijtihad is on a lower standing than ijma’.

[^30] (f) The great mujtahid al-`Allamah al-Hilli (648-726/1250-1325), in his work al Nihayah on usul al-fiqh, writes: Ijtihad means employ­ment of effort for arriving at presumption with regard to a hukm of the Shari ah, in a way that is not blameworthy on account of negligence or omission. (g) Al-`Allamah al Turayhi says: Ijtihad is to employ one's effort and endeavour in pursuit of some difficult task and for arriving at pre­sumption with regard to a hukm of the Shari`ah.