The fourfold bases of Shi'i jurisprudence and teachings are the Qur'an, the Sunna, intellect and consensus. The act of deducing specific religious rulings from these principles, in accordance with particular conditions clarified in the science of jurisprudence, is called ijtihad ('applied reasoning').
Insofar as the Shari'a of Islam is the last religious law to be revealed-with no further such dispensations coming after its promulgation-it must of necessity respond to all of the needs of mankind, in both the individual and collective domain. The Muslims of the Prophet's epoch, taking due note of the perfection and comprehensiveness of lslam, considered the Prophet's life as a model to be followed as scrupulously as possible in their own lives, such that in all the affairs of their lives they fixed their gaze upon the commands and prohibitions ordained by God and His Prophet.
From another point of view, it cannot be denied that since not all phenomena and events can have been encountered in this early epoch, and since continuous transformations in lifestyles have brought about phenomena that were altogether new, there has been a constant need for appropriate religious rulings to deal with the new situations. Taking this into account, it will be seen that keeping open the door of ijtihad for the jurisprudence throughout the course of Islamic history was a real necessity. Could it be conceived that Islam, this perfect and comprehensive religion, should remain silent in the face of new conditions, and leave mankind bewildered and rudderless in the turbulent sea-changes of history?
It cannot be denied that since not all phenomena and events can have been encountered in this early epoch, and since continuous transformations in lifestyles have brought about phenomena that were altogether new, there has been a constant need for appropriate religious rulings to deal with the new situations. Taking this into account, it will be seen that keeping open the door of ijtihad for the jurisprudence throughout the course of Islamic history was a real necessity. Could it be conceived that Islam, this perfect and comprehensive religion, should remain silent in the face of new conditions, and leave mankind bewildered and rudderless in the turbulent sea-changes of history?
Types of Ijtihad
We know that the scholars of jurisprudence divide ijtihad into two categories: unrestricted ijtihad on the one hand, and ijtihad within a specific madhhab, on the other. For example, when one applies ijtihad' within the framework of the Hanafi madhhab, one will attempt to address the question in hand according to the perspective of Abu Hanifa, and this will be termed ijtihad within a madhhab. But when a Mujtahid, one who exercises Ijtihad does not confine himself to the method of a given individual or within the framework of a specific system of fiqh, applying himself instead to the principal sources of jurisprudence-whether the outcome is in accord with a given system or not-this is referred to as unrestricted ijtihad.
Unfortunately, from the year 665/1226, the door of unrestricted ijtihad has been closed to the scholars of the Sunnis; [1] so ijtihad has been confined within the delimited jurisprudential systems, this naturally resulting in a restriction of the scope of truth-seeking and open-minded inference from the divine sources of jurisprudence.
The jurisprudents of Shi'ism, basing themselves on the Qur'an, the Sunna, consensus and intellect, have always conducted ijtihad, and their efforts to arrive at religious truths and sciences have not been restricted by anything other than these religious sources. Thus, the scholars of this madhhab, by virtue of this living and deeply rooted tradition of ijtihad, have developed a comprehensive system of fiqh, one which can adapt to the different and changing needs of human society; and they have assembled a veritable treasury of scholarly knowledge. A major factor making for this living and self-regenerative system of Shi'i jurisprudence is the prohibition of following (taql'id) a dead mujtahid: one can only follow a living mujtahid who has his finger on the pulse of the social conditions of his time.
The jurisprudents of Shi'ism, basing themselves on the Qur'an, the Sunna, consensus and intellect, have always conducted ijtihad, and their efforts to arrive at religious truths and sciences have not been restricted by anything other than these religious sources. Thus, the scholars of this madhhab, by virtue of this living and deeply rooted tradition of ijtihad, have developed a comprehensive system of fiqh, one which can adapt to the different and changing needs of human society; and they have assembled a veritable treasury of scholarly knowledge.
Shi'i fiqh is in accord with the other schools of law on a great number of issues; the book of Shaykh Tusi, al-Khilaf bears witness to this fact. It is only in minor Furu' [2] that one finds a difference of opinion with one or other of the four schools, or with the jurists of the epoch preceding these four schools. It is in respect of a series of such furu' that the Shi'i fiqh has a distinctive approach.
1. Ahmad b. 'Ali al-Maqrizi, al-Mawa'iz; wa'l-i'tibar bi dhikr al-khitat wa'l-athar (Bulaq, 1270/ 1853), vol. 2, p. 344.
2. The word far' (pl. furu'), which literally means 'branch', in this context means 'detail', and is juxtaposed with asl (pl. usul), which literally means 'root' and also signifies principle'.
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