Ijtihad

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Bi ismillahir rahmanir raheem

Understanding the following terms is necessary to understand the article.

On the term Illa, i dont have a proper defanition but insha allah the following will make it more clear:

 the underlying legal principles ('illa)

the reason (illa) behind a ruling.

illa or the 
        sabab.

Empirical:

Relying on or derived from observation or experiment: empirical results that supported the hypothesis. 
Verifiable or provable by means of observation or experiment: empirical laws.

We live in an age where we often 
  come across fatawa   on contemporary issues  which 
  require ijtihad, without knowing the   authority/qualification of the   one  issuing, so I was just wondering:  What 
  qualifies an ijtihad as being valid?

by Mohammad Fadel
Before one can answer this question, one must understand 
  there the scholars of usul al-fiqh have identified at least three types 
  of ijtihad:

(1) 
  takhrij al-manat;

(2) 
  tanqih al-manat; and

(3) 
  tahqiq al-manat.  

Takhrij al-manat roughly means "extraction of 
  the grounds [of a divine ruling]. An obvious example would be that the grounds 
  for the prohibition of khamr (grape wine) is its capacity to intoxicate.  
  While this example is obvious, other texts of revelation prove much more 
  difficult in the extraction of the manat, and hence, the mujtahids have 
  differed greatly in their opinions regarding the grounds of the divine ruling.  
  [note: "manat" when used in the context of takhrij al-manat 
  is virtually synonymous with the term "'illa. " Of course, 
  the scholars of usul al-fiqh have identified various types of 'illas 
  of differing strength, something I am only superficially familiar with. A good 
  source discussing this question is Imam al-Ghazali's "Shifa` al-ghalil 
  fi masalik al'ta'lil," wherein the Imam discusses the various types 
  of 'illas and their use in juridical analogy (qiyas). Wa-allahu 
  a'lam. 

Because takhrij al-manat requires proper 
  understand of the indicants of the divine ruling (the dalil), it is 
  this type of ijtihad that requires mastery of the full spectrum of religious 
  sciences with the additional stipulation of 'adala and piety. 
  Obviously, the minimum required is that the mujtahid know all the proof texts 
  that are relevant to solving the question before him, and that there is no 
  unequivocal divine communication (khitab) governing the case. [Note: 
  there are three types of "dalil" of a divine ruling, Qur'an, 
  sunna and consensus. With the exception of the Qur'an, the different mujtahids 
  had different opinions with regard to the manner in which the other two dalils 
  had to be transmitted so as to constitute a valid dalil]. 

I believe Sidi Haddad only recently posted on the 
  attributes of a mujtahid mutlaq, i.e., that scholar who is qualified to 
  issue religious opinions on any matter based on his direct interpretation of 
  divine revelation. It is commonly accepted that no one satisfies these 
  requirements today. 

While this is erroneously claimed to be a defect, in 
  fact, because we have the legacy of the mujtahid-imams, the advanced students 
  of these Imams, by following the doctrines of their Imams, are able to derive 
  rulings for unprecedented cases rather easily.  Indeed, according to Ibn 
  al-Salah, it is easier for the muqallid of an Imam to arrive at a 
  ruling on an unprecedented case by relying on the principles of his Imam than 
  it would be to derive the rule solely on the dalils of shar', wa-allahu 
  a'lam. This level of scholar is deemed mujtahid fi-l-madhhab (a 
  mujtahid within a madhhab). 

[also "mujtahid muntasib = affiliated 
  mujtahid") GFH:. ]

The second type of ijtihad, tanqih al-manat, is an 
  intermediary step preceding takhrij al-manat, where the mujtahid, 
  working as a scientist does, confronts a dalil, and hypothesizes that 
  the ground for the rule contained in the dalil is X, Y or Z. He then 
  tests this hypothesis against other data to see if the theory is sound. The 
  mujtahid continues doing this until he determines which of X, Y or Z, or a 
  combination of them, is the actual ground for the rule. 

It seems to me that at this stage of ijtihad, 
  non-specialists in religious sciences have a critical, though ancillary role, 
  to play in aiding the mujtahid's inquiry. Often, when a mujtahid is attempting 
  to determine whether the 'illa is X, Y or Z, he will rely on some 
  empirical theory, especially if the mujtahid believes that the 'illa 
  should be "appropriate (munasib)" to the ruling. Appropriate 
  in this case means that it serves one of the five maqasid kulliyya 
  [comprehensive objectives] of the Shari'a, i.e.,

[1] the promotion of religion,

[2] the protection and/or enhancement of life,

[3] property,

[4] progeny and

[5] reason ('aql).  

Where a fatwa incorporates an empirical judgment, the 
  mufti must take steps to ensure that the empirical judgment he is adopting is 
  not clearly erroneous. 

Finally, tahqiq al-manat is that type of ijtihad 
  concerned with accurate perception of the empirical world. Allah, subhanahu wa 
  ta'ala, in His mercy, obliged us to worship Him only conditionally, i.e., when 
  certain conditions are met. Likewise, in His mercy, He also removes certain 
  obligations from us when certain impediments exist. The conditions whereby an 
  act becomes obligatory is called a "sabab," and a condition 
  whereby an obligation is suspended is called a "mani'", 
  literally, "an obstacle. "A common example of a sabab is the 
  sun reaching its zenith in the sky being the condition for the obligation to 
  pray zuhr. An obstacle removing the obligation of Pilgrimage would be, 
  at least for Malikis, an absence of secure carriage to the Hijaz. In other 
  situations, the divine rule itself requires the application of some empirical 
  knowledge, e.g., facing the qibla at the time of prayer, or in the 
  circumstance of the destruction of private property, an empirical 
  determination of its fair market value. 

The point is simply that in many situations, properly 
  obeying Allah subhanahu wa ta'ala requires making an accurate determination of 
  an empirical situation, and this type of knowledge is not necessarily within 
  the preserve of a mujtahid, unless he is also, independently of his mastery of 
  religious sciences, also a master of the particular empirical science at issue. 

Al-Qarafi gives a good example of an empirical error 
  underlying Imam Malik's (may Allah be please with him!) opinion regarding the 
  beginning of the lunar months in the Islamic calendar. The mashhur of 
  the madhhab is that once the moon is seen anywhere, the month begins for the 
  entire Muslim community. This position is known as "ittihad al-matali'. 
  "The other position, adopted by the Shafi'is, at least according to al-Qarafi, 
  is that each town has its own moon, i.e., months begin and end according to 
  local moonsightings. Qarafi explains, however, that Malik's position was based 
  on the erroneous empirical theory that the moon was visible at the same time 
  everywhere.   Al-Qarafi, being trained in astronomy, knew this to be 
  false, and stated that the position of the moon relative to human observers 
  varies depending upon the position of the human observer, and therefore, the 
  Shafi'i position is correct. (See, al-Furuq, al-farq al-awwal, al-farq 
  bayna al-riwaya wa-l-shahada). 

Thus, as a general matter, one can say that any fatwa 
  that is based on an empirical premise known to be wrong is itself certainly 
  wrong, although the pure rule that the mujtahid relied on in issuing his 
  opinion may nonetheless be sound. 

[The Matali` or visible moon positions per Malik 
  and the Hanafi School are unified in effect for Ramadan and Shawwal on the 
  grounds - Allah knows best - not of the empirical theory that the moon should 
  be visible at the same time everywhere, but the explicit wording of the 
  Prophet (saws) said to "fast at its sighting and cease fasting at its 
  sighting" in absolute sighting terms, i.e. no matter where, one 
  true sighting sufficing for the whole Umma, - which is what is meant by ittihad 
  al-Matali` - and this is why Ramadan and `Eid al-Fitr are or should be 
  unified.  This is the agreement of the Four Schools according the Jedda-based 
  International Fiqh Council including the Shafi`i Ulema such as the late Shaykh 
  Mustafa al-Zarqa, Shaykh Yusuf al-Qaradawi, Dr.  Wahbe al-Zuhayli. . .  
  so the present orientation of the Umma has endorsed the fatwa of Imam Malik 
  after all, regardless of his or the Hanafi Imams' knowledge in astronomy.  
  Whereas for Dhul Hijja the Matali` must be precisely differentiated in 
  every respective area and it is therefore allowed that their respective dates 
  for `Eid al-Adha differ.  WAllahu a`lam.  G. F.  Haddad. 
  ]

Another example might make this more clear:according to 
  Imam Malik, any land that the Muslims conquered by force is waqf, and 
  therefore, not eligible to be privately owned. Imam Malik also gave the fatwa 
  that the land of Egypt was a waqf based on the historical (empirical) 
  assumption that Egypt had been conquered, not that it had voluntarily (sulh) 
  entered Islam.  Qarafi points out that whether Egypt was or was not 
  conquered is a matter of shahada (empirical knowledge) not riwaya 
  (transmission of revelatory knowledge), and therefore, Imam Malik's opinion on 
  this empirical fact is not an appropriate object of taqlid. Indeed, 
  others, e.g., al-Layth b.  Sa'ad, who were closer to events, who reported 
  the opposite, are more worthy to be believed, not because their knowledge of 
  revelation exceeded that of Malik, but rather that their specialized empirical 
  knowledge regarding the circumstances whereby the territory of Egypt entered 
  Islamic dominion is more accurate than that of Malik. 

One can conclude by a general observation. Allah 
  subhanahu wa ta'ala has blessed this umma by making His commands consistent 
  with reason ('aql), the attribute by which He distinguished the 
  descendants of Adam, 'alayhi al-salam, from the rest of His creation.  
  Accordingly, we Muslims, when called upon to exercise our mental process in 
  the process of obeying our Creator, are always obliged to follow the best 
  information we can find. Thus, as non-specialists in the revelatory sciences, 
  we know that the opinions of the mujtahid-Imams are superior to the opinions 
  of the unlearned, and accordingly, we follow their opinions, not those of the 
  uninformed. Likewise, we also know that mujtahid imams are not necessarily the 
  best source of information on empirical matters, and accordingly, where our 
  worship of Allah, subhanahu wa ta'ala, requires ascertaining that a certain 
  empirical circumstance be confirmed, or negated, we must rely on experts in 
  that empirical field for that piece of information. 

In short, valid ijtihad consists in following the best 
  available evidence, whether that evidence is revelatory or empirical, as the 
  context requires.  Wa-allahu 'alam. 

Edited by rami