al-Ijtihad
- Author died
- 478 AH
- Editions
- Dar al-Qalam, Darat al-Ulum al-Thaqafiyyah
al-Ijtihad is a specialized treatise on Islamic legal theory (usul al-fiqh) by the Shafi'i jurist and Ash'ari theologian Abu al-Ma'ali al-Juwayni (419–478 AH / 1028–1085 CE), focusing on the principles and qualifications of independent legal reasoning (ijtihad), the issuance of legal opinions (fatwa), and following legal authority (taqlid) .
Origin and Scope
The treatise constitutes the section dedicated to ijtihad from al-Juwayni's larger legal theory compendium, al-Talkhis (also known as Talkhis al-Taqrib) . In al-Talkhis, al-Juwayni abridged the foundational legal theory text al-Taqrib wa-al-Irshad by the Ash'ari master Abu Bakr al-Baqillani before later composing his independent work al-Burhan fi Usul al-Fiqh . The text covers the technical requirements of legal deduction, the qualifications of the jurisconsult (mufti), and the rules governing lay petitioners (mustafti) .
Structure and Content
The work examines central debates in classical usul al-fiqh concerning the legal authority and cognitive limits of jurists:
- Conditions of the Mujtahid: It analyzes the prerequisite sciences for reaching the rank of ijtihad, including theological knowledge, where al-Juwayni discusses whether exhaustive mastery of speculative theology (kalam) is an absolute condition or whether basic soundness in fundamental creed suffices .
- Legal Correctness and Plurality (Taswib): The text addresses the epistemological status of juristic error, examining whether truth in subsidiary legal matters is singular or if every qualified mujtahid arrives at a correct legal determination .
- Rules of Taqlid and Fatwa: It discusses whether a petitioner is obligated to seek out only the most learned scholar (al-a'lam) in a town or may follow any qualified mujtahid . Al-Juwayni argues that following any qualified mujtahid is valid, supporting this by the precedent of the Prophet's Companions, who differed in virtue and knowledge yet did not restrict questioners to a single authority . It also outlines the resolution of conflicting legal opinions delivered by competing scholars .
Editions
The text was published as an independent edition under the title al-Ijtihad min Kitab al-Talkhis, edited by Abd al-Hamid Abu Zunayd and published in 1408 AH / 1987 CE by Dar al-Qalam in Damascus and Dar al-Ulum al-Thaqafiyyah in Beirut .
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