[^31] (h) The Usuli mujtahid al-`Amili al-Jiba`i says...

[^31] (h) The Usuli mujtahid al-`Amili al-Jiba`i says: Ijtihad is the effort and endeavour of a faqih in order to arrive at presumption in regard to a hukm of the Shari`ah. [^32] (i) Al-Shaykh al-Baha i in his Zubdah quotes al-Hajibi to the ef­fect that: By ijtihad is meant the exhaustive efforts of a faqih for ar­riving at presumption in regard to a hukm of the Shari’ah. Al-`Allamah al-Hilli agrees with this definition in his book Tahdhib al-‘usul.

(j) Al `Allamah Taj al-Din al-Subuki, in his book Jam` al jawami`, writes: Ijtihad as a technical term means the utmost efforts made by a faqih for arriving at presumption in regard to a hukm (of the Shari'ah). Critique of the Above Definitions The above-mentioned definitions of ijtihad do not appear to be correct; for if these are meant for determining the logical and technical limits of ijtihad, these definitions fail to do so.

However, if only an ex­planation and clarification of the term ijtihad is meant, they are not objectionable. Beyond that purpose, they have no scientific value. Here we shall briefly point out the defects in the said definitions. According to the science of logic, a definition should be inclusive of all the members of the set and exclude all alien elements; the said definitions are not such.

For , if by `presumption' (zann) they mean something based on the Shari'ah or reason, they are not inclusive of all their concerned instances. Because, an argument (dalil) related to a hukm and derived from the Shari'ah or reason belongs to one of the following three kinds: The argument creates presumption. The argument creates certainty. The argument creates neither presumption nor certainty.

The said definitions deal with the first kind alone, and leave out the two remaining kinds; whereas a definition of ijtihad should include these two as well. The exclusion of the second kind in the definitions cited - that is that the argument should create certainty - is due to the fact that cer­tainty is different from presumption and the word `presumption' does not include it.

As to the exclusion of the third - in which an argument does not produce either presumption or certainty - the reason is that the argument may not create presumption.