Critique of the Fourth Type of Definitions These definitions...

Critique of the Fourth Type of Definitions These definitions, also, are controvertible like the previous ones, because firstly, they do not convey the real meaning of ijtihad, for ijtihad per se is not a capacity; for had ijtihad been a capacity, its addi­tion would have served an explanatory purpose, and such is not the case here.

Secondly, the titles that have been mentioned in traditions, like 'faqih, arif, () nazir, () rawi, ()as in the widely accepted tradition narrated by `Umar ibn Hanzalah, and other such titles which are mentioned in other riwayahs - are not applicable to one who merely possesses the capacity, but apply only to those in whom the capacity has reached the stage of actualization. Capacity (malakah) is a potential ability; it may or may not reach the point of actualization.

It is for this very reason that the phrasehas to follow the words above definitions. Thirdly, the jurisprudential authorities (maraji taqlid) have set forth three courses by way of al-wajib al-takhyiri in their handbooks of rulings (rasa’il 'amaliyyah) and works of fiqh for the mukallaf (adult person liable to perform religious duties); they are: ijtihad, taqlid (imitation) and ihtiyat (caution).

If ijtihad be a capacity, it is not correct to put it by the side of taqlid and ihtiyat; for taqlid and ihtiyat are concerned with actual practice, while capacity is an inner psychic state. Accordingly, there is no doubt that in the above statement about a mukallaf's duty ijtihad is the de facto knowledge of the ahkam of the Shari'ah and the Practical Rules derived from the sources of the Shari'ah.

Further Clarification It is evident that the actual ahkam issued by the Sacred Lawgiver (like obligatory duties and impermissible acts, etc.) are known to apply to all the mukallafun. This essential knowledge with the possibility of chastisement is before every mukallaf.

And since every sane person essentially knows that God Almighty has prescribed certain duties for him, his rational faculty enjoins him to comply with the dictates of reason in comprehending his duties, and to obtain the certainty of their fulfilment; and - as is said in `ilm al-'usul - the certainty of execution brings the certainty of fulfilment.