The Twenty-Seventh Word

The Risale on Ijtihad

[Five or six years ago, in an Arabic risale, I wrote a matter concerning ijtihad. At the request of two of my brothers, this Word is written on that matter of ijtihad in order to take down the one, who overstepped his boundaries on this matter.]

بِسْمِ اللّٰهِ الرَّحْمٰنِ الرَّحِيمِ

1 وَلَوْ رَدُّوهُ اِلَى الرَّسُولِ وَ اِلَى اُولِى اْلاَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنْبِطُونَهُ مِنْهُمْ

The door of ijtihad is open. But at present time, there are “six obstacles” to entering it.

THE FIRST: Just as, in winter, when the storms are fierce, even small holes are closed. Opening up new doors is in no way an act of a reasonable man. Just as, under the onslaught of a great flood, opening holes in the walls for repair is also a cause for drowning. In the same way, at this time of harams and the moment of the invasion of foreign customs, the superabundance of bid’ahs and the destruction of dhalâlah, in the name of ijtihad, opening new doors in the palace of Islam and opening holes that will be the means for the destroyers to enter from the walls is a crime against Islam.

THE SECOND: As for the dharûriyyah of religion, ijtihad cannot enter them. Because they are certain, unconditional and determined. Those dharûriyyah are also the basic food and sustenance. At this time, they are abandoned and shaken. Although all effort and endeavour should be expended on their being raised and revived, and although there are judgments of As-Salaf on the nadhariyyah of Islam that were established by their pure and sincere ijtihads, which are sufficient for all times’ needs, to abandon them and make new ijtihads by following the desires of the nafs is the bid’ah and betrayal of Islam.

THE THIRD: Just as in a marketplace different merchandise is sought after according to the seasons, and different goods become popular from time to time. So too, in the exhibition of the ‘âlam, in the market of the social life and civilisation of mankind, in every age a different commodity becomes sought after and gains currency. It is displayed in the market of that age; attention is drawn to it, gazes turn toward it, and minds are captivated by it.

For example, at this time, the commodities in high demand are politics, securing worldly life and philosophy. Whereas in the age of Salaf as-Sâlihîn, and in the market of that era, the most sought-after commodity was to deduce from His Word what pleases Al-Khâliq of the samâwât and the earth and what He desires of us and to acquire the means to gain eternal happiness in the ‘âlam of the âkhirah, which was opened to an unclosable degree by the nûr of nubuwwah and the Qur'an.

Thus, at that time — since minds, hearts and rûhs were turned with all their strength toward understanding what pleases the Rabb of the samâwât and the earth — the conversations, discussions, events and circumstances of the social life of mankind all focused on this aim and unfolded in accordance with it. Consequently, whoever possessed a sound disposition his heart and fitrah would unconsciously receive a lesson of ma’rifat from everything; he would learn from the events, circumstances and conversations taking place in that era. It was as if every single thing became a teacher for him, instilling in his fitrah and disposition a preparatory capacity for ijtihad. Indeed, this fitrî lesson illuminated him to such a degree that he came close to acquiring the capacity for ijtihad almost without effort and acquiring nûr without fire...

Thus, when a capable person who had received such a fitrî lesson began working to make ijtihad, his capacity — which acted like a match — became a manifestation of the mystery of

‌نُورٌ عَلٰى نُورٍ2 ‌;

and he would become a mujtahid swiftly and in a short time.

But at this time, due to the domination of European civilisation, the tyranny of naturalistic philosophy and the heavy burden of the conditions of worldly life, minds and hearts have become scattered, and endeavour and attention divided. Minds have become alienated from the ma’nawî matters.

Thus, it is for this reason that if someone today possessed the intelligence of a mujtahid, such as Sufyan ibn ‘Uyayna, who memorised the Qur'an and held scholarly discussions with the ‘ulamâ at the age of four, he would need ten times more time than the time Sufyan took to acquire ijtihad. If Sufyan attained ijtihad in ten years, this man would need a hundred years to attain it. For Sufyan’s initial fitrî period of learning began at the age of discernment (sinn at-tamyîz)3 . His capacity was gradually prepared and illuminated; it received a lesson from everything and became like a match.

But as for his counterpart at the present time — since his mind is drowned in philosophy, his intellect plunged into politics and his heart dazed by worldly life — his capacity has grown distant from ijtihad.

Indeed, to the degree that he is occupied with modern sciences, his capacity has grown distant from the ability for ijtihad within the Sharî‘ah; and to the degree that he is versed in material sciences, he falls behind in comprehending ijtihad.

Therefore, he cannot say: “I am as intelligent as he is; why can I not reach him?” He has no right to say this, and he cannot reach Sufyan.

THE FOURTH: Just as within a body, there is an inclination to expand for the sake of growth and development. As for that inclination to expand — because it comes from within — it is a progressing towards perfection for that body. But if it is an inclination to expand from the outside, it is to tear the skin of the body and destroy it; it is not expansion.

In the same way, if the inclination to expand and the will to make ijtihad are present in those who enter the sphere of Islam through the door of perfect taqwâ by way of complying with the dharûriyyah of the religion, like the Salaf as-Sâlihîn, it is a perfection and a progressing towards perfection.

Otherwise, that inclination to expand and the will to make ijtihad arising from those who abandon the dharûriyyah, prefer the life of this world to that of the âkhirah and are tainted by materialist philosophy serve to destroy the body of Islam and to cast off the chain of the Sharî‘ah from its neck.

THE FIFTH: Three points of view make the ijtihad of this time earthly, and exclude it from being samâwî. While the Sharî’ah is samâwî and ijtihads belonging to the Sharî’ah are samâwî as well since they reveal its hidden laws.

The First: The hikmah of a law is different, while its real cause (‘illah)4 is different. Hikmah and benefit are not the cause of the necessity and creation of the law but are the cause of its preference. While the ‘illah is the cause for the existence of a law. For example, the salâh is shortened while travelling; it is performed two rak'ats. The ‘illah of this rukhsah of the Sharî'ah is the journey, while its hikmah is the hardship. If there is a journey, the salâh is still shortened even if there is no hardship. Because the ‘illah exists. But if there is no journey but hundreds of difficulties, it cannot be the ‘illah for shortening the salâh. Thus, contrary to this haqiqah, the view of this time appoints the benefit and hikmah in place of the ‘illah and makes its judgment in accordance with that. Such an ijtihad is certainly earthly, not samâwî.

The Second: The view of the present time looks primarily and directly to worldly happiness and directs the laws of the Sharî’ah towards it. Whereas the view of the Sharî’ah looks primarily and directly to happiness in the âkhirah; it looks to happiness in this world secondarily due to its being the means to the âkhirah. It means that the view of this time is alienated from the rûh of the Sharî’ah. In which case, it cannot make ijtihad in the name of the Sharî’ah.

The Third: The rule ofاِنَّ الضَّرُورَاتِ تُبِيحُ الْمَحْظُورَاتِ , that is, “Dharûrah makes halal what is haram.” Thus, this rule is not universal. If dharûrah did not occur by way of haram, it causes to make halal what is haram. Otherwise, if dharûrah occurred due to misuse of the will or haram causes, it cannot make halal what is haram, cannot be the source of the judgments with rukhsah and cannot constitute an excuse.

For example, if, through misusing his will, in a haram way, a man makes himself drunk, according to ‘ulamâ of the Sharî’ah, his actions are in force against him; he is not accepted as excused. If he divorces his wife, the divorce is in force. And if he commits a crime, he receives the punishment. But if it is not through misusing his will, the divorce is not in force neither does he receive any penalty. And, for example, an alcohol addict — even if his addiction is at the degree of dharûrah — cannot say, "It is a dharûrah; it is halal for me."

Thus, at this time, there are many matters that are considered dharûrah; they have taken the form of a general calamity that causes people to be addicted to them. Since they were born out of misuse of the will, haram inclinations and acts, they cannot be the source of the judgments with rukhsah and cannot cause to make halal what is haram. Whereas, since the people of ijtihad of the present time make those dharûrahs the source of judgments of the Sharî’ah, their ijtihâd is earthly and philosophic; they arise from the desires of their nafs; they cannot be sâmâwî and are not from the Sharî’ah. However, interfering with the decrees of Al-Khâliq of the samâwât and the Earth and meddling in the ‘ibâdah of His ‘abds, without the ma’nawî permission of Al-Khâliq, make such meddling and interference unacceptable and rejected.

For example, some ghâfil people approve of changing the Arabic language of some of the shaâ’er of Islam, such as the khutbah5 , and the delivery of it in the language of each nation for two reasons:

The First: "So, in this way, the current politics can be understood by the ‘awâm Muslims." However, current politics has become so full of lies, deception and evil that it has become the waswasa of shaytans. However, since the minbar6 is a place of conveying the wahy of Allah, the waswasa of politics does not have the right to ascend to that exalted place.

The Second reason: "The khutbah is for understanding the advice and warnings of certain surahs of the Qur'an." Yes, if the majority of the Islamic nation were to adhere to and fulfil the well-known and established laws of Islam, which are the dharûriyyah of Islam, perhaps it would be commendable to deliver the khutbah in each nation’s language and to translate — if it were possible — the surahs of the Qur'an {Note: The Twenty-Fifth Word on the miraculousness of the Qur'an has shown that a true translation of the Qur'an is not possible.} for the purpose of understanding the nadhariyyah of the Sharî’ah, the subtle matters and the hidden teachings of the Qur’an.

But the well-known definitive laws of Islam, such as the salâh, sawm and zakat being wâjib and the murder, fornication (zinâ) and wine being haram, are neglected. The ‘awâm people are not in need of receiving lessons on their being wâjib or haram. Rather, they need to be reminded of those sacred laws through encouragement and warnings, and they need to conform to them by stimulating the sense of îmân and the vein of Islam, and they need incentives, admonishments and warnings.

However ignorant an ‘awâm is, from the Arabic khutbah and the Qur'an that he listens to, he understands the following brief meaning: "The preacher and the hâfidh are recalling the pillars of îmân and the principles of Islam, which are known to everyone and to me; they are reciting and teaching these to us." A yearning for the pillars of îmân and the principles of Islam emerges in his heart. What words are there in the universe that can reach the miraculous and instructive warnings, admonishments and encouragement of Al-Qur’an Al-Hakîm, which comes from al-‘arsh al-â’dham?

THE SIXTH: Since the great mujtahids among the Salaf as-Sâlihîn were close to the era of the Sahabah, the era of nûr and the era of haqiqah, they were able to receive a pure nûr and make pure ijtihads. But the people of ijtihad of this time look at the book of haqiqah from behind so many veils and from such a long distance that they can see even its clearest letter only with difficulty.

If you say: The Sahabah were also human beings; they are not free of error and disagreements. While the source of ijtihad and the laws of the Sharî’ah is the justice and sidq of the Sahabah. As proof, it may be mentioned that the ummah have agreed upon "All the Sahabah were just and all spoke the truth."

The Answer: Yes, the absolute majority of the Sahâbah were lovers of the haqq and filled with the desire for sidq and justice. Because in that era, the ugliness of lie and falsehood was shown in all its ugliness and the beauty of righteousness and sidq was shown in all its beauty in such a way that the distance widened between them from the ground to the ‘arsh. A division from the pit of Musaylima the Liar at the asfal sâfilîn to the degree of sidq of Hazrat Prophet ‘Alayhissalâtu Wassalâm at the a’lâ ‘illiyyin has been seen. Indeed, just as it was lying that causes Musaylima to fall into the asfal sâfilîn, so it was sidq and truth which raised Muhammad Al-Amîn ‘Alayhissalâtu Wassalâm to the a’lâ ‘illiyyin.

Thus, this is certain, definite, and necessary that the Sahâbah, who bore elevated feelings and illuminated with the nûr of the conversation of the sun of nubuwwah and who revered the beauty of good morals, did not willingly stretch out their hands to lying, which is so ugly and the cause of descent and is in Musaylima's shop of filth tainted with buffoonery, and they flee from lying, which is the companion of kufr, as they flee from kufr, and as far as they were able, they sought, loved and conformed to — especially in the tablîgh and transmitting the laws of the Sharî’ah — sidq, truth and haqq, which are so beautiful and are the cause of pride and glory, the steps of ascent and progress and the thing most demanded from the elevated treasury of the Glory of Messengership (asm) and which illuminate man's social life with their beauteous splendour. Whereas at this time, the distance between sidq and lying has so shortened that they have become quite simply shoulder to shoulder. It is extremely easy to pass from sidq to lying. Even, lying is preferred to truthfulness by means of the propaganda of politics. Thus, if the ugliest thing is sold with the most beautiful things in the same shop, at the same price, certainly the most elevated brilliant of sidq and haqq, which leads to the jewel of haqiqah, is not to be bought blindly by relying on the word and skill of the shopkeeper.

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