Hallaq defines ijtihad as, “the exertion of mental energy in the search for a legal opinion to the extent that the faculties of the jurist became incapable of further efforts. In other words, ijtihad is the maximum effort expended by the jurists to master and apply the principles and rules of usul al-fiqh or legal theory for the purpose of discovering God’s law” (Hallaq 3). The role of ijtihad in Islamic Jurisprudence is to discover God’s law, “it is essential… to determine God 's law in the light of the exigencies of human life. The jurist must acquaint himself with God 's attributes, which are the only guarantee for arriving at a correct understanding of His intentions as expressed in scripture” (Hallaq 5). The objective of jurisprudence
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Hallaq states, “A person entitled to ijtihad is called mujtahid” (Hallaq 3). Those who practice ijtihad must be a Muslim, a mukallaf, and willing to go through the hard work of ijtihad (Hallaq 5). The requirements are, also, having knowledge of Quranic verses, knowledge of Arabic language, knowledge of the secondary sources, the Quran and the Sunnah, knowledge of rules of obligation, knowledge of maqasid al-sharia, and knowledge of the rules of consciences (Hallaq 5). Hallaq also states, a mujtahid is to know the 500 verses needed in law, the way to relevant hadith literature, the substance of furu works and the points subject to ijma, how to derive legal evidence from text, the Arabic language, the rules of governing the doctrine of abrogation, and finally, investigate the authenticity of the hadith (Hallaq 6). One could also practice ijtihad in a single area, for example, “A jurist may practice ijtihad in the area of liquor drinking, muskirat, though his knowledge of hadith is limited. He must, however, be proficient in the procedure of qiyas and in the Quran, because muskirat cases depend heavily on the Quran and qiyas” (Hallaq …show more content…
In response to Schacht’s argument, Hallaq reveals, “A systematic and chronological study of the original legal sources reveals that these views on the history of ijtihad after the second/eighth century are entirely baseless and inaccurate. … The gate of ijtihad was not closed in theory nor in practice” (Hallaq 4). Later he proves that ijtihad is still in practice and the gate of ijtihad was not closed. Hallaq states, “I shall first demonstrate that ijtihad was indispensable in legal theory because it constituted the only means by which jurists were able to reach the judicial judgments decreed by God. In order to regulate the practice of ijtihad, a set of conditions were required to be met by any jurist who wished to embark on such activity” (Hallaq 3). It is critical to note that, “jurists who were capable of ijtihad existed at nearly all times; ijtihad was used in developing positive law after the formation of the schools; up to ca. 500 A.H. there was no mention whatsoever of the phrase, 'insidad bab al-ijtihad, ' or of any expression that may have alluded to the notion of the closure; the controversy about the closure of the gate and the extinction of mujtahids prevented jurists from reaching a consensus to that effect” (Hallaq 4). Further proof that ijtihad
Hallaq states, “A person entitled to ijtihad is called mujtahid” (Hallaq 3). Those who practice ijtihad must be a Muslim, a mukallaf, and willing to go through the hard work of ijtihad (Hallaq 5). The requirements are, also, having knowledge of Quranic verses, knowledge of Arabic language, knowledge of the secondary sources, the Quran and the Sunnah, knowledge of rules of obligation, knowledge of maqasid al-sharia, and knowledge of the rules of consciences (Hallaq 5). Hallaq also states, a mujtahid is to know the 500 verses needed in law, the way to relevant hadith literature, the substance of furu works and the points subject to ijma, how to derive legal evidence from text, the Arabic language, the rules of governing the doctrine of abrogation, and finally, investigate the authenticity of the hadith (Hallaq 6). One could also practice ijtihad in a single area, for example, “A jurist may practice ijtihad in the area of liquor drinking, muskirat, though his knowledge of hadith is limited. He must, however, be proficient in the procedure of qiyas and in the Quran, because muskirat cases depend heavily on the Quran and qiyas” (Hallaq …show more content…
In response to Schacht’s argument, Hallaq reveals, “A systematic and chronological study of the original legal sources reveals that these views on the history of ijtihad after the second/eighth century are entirely baseless and inaccurate. … The gate of ijtihad was not closed in theory nor in practice” (Hallaq 4). Later he proves that ijtihad is still in practice and the gate of ijtihad was not closed. Hallaq states, “I shall first demonstrate that ijtihad was indispensable in legal theory because it constituted the only means by which jurists were able to reach the judicial judgments decreed by God. In order to regulate the practice of ijtihad, a set of conditions were required to be met by any jurist who wished to embark on such activity” (Hallaq 3). It is critical to note that, “jurists who were capable of ijtihad existed at nearly all times; ijtihad was used in developing positive law after the formation of the schools; up to ca. 500 A.H. there was no mention whatsoever of the phrase, 'insidad bab al-ijtihad, ' or of any expression that may have alluded to the notion of the closure; the controversy about the closure of the gate and the extinction of mujtahids prevented jurists from reaching a consensus to that effect” (Hallaq 4). Further proof that ijtihad