Salient Features of Islamic System, Social System, Political System, Economic

System, Judicial System, Administrative System,

Features of the Islamic System

The Islamic System differs from the man-made system in the following ways:

1. The Islamic System is promulgated by Allah, the All Wise, Who knows best what is useful for
man and nothing is hidden from Him. Therefore, it is an efficient and perfect system which suits
every time and place.

2. The Islamic System achieves the interests of the people and their welfare at once. Other systems,
i.e., man-made systems, strive only to achieve the interests of a small group or class. As a result,
they cause the spread of injustice and corruption.

3. The man who believes that the Islamic Systems is proclaimed by Allah, the Greatest, and that
he will be held accountable and punished for disobeying it or rewarded for following it respects
this system and preserves it.

Thus, we find the truthful believer never steals, nor cheats others, nor drinks alcohol or wrongs
others due to his strong belief in Divine punishment or reward. Indeed, the welfare of humanity
and its happiness is found in following the Divine System taught by the Prophet of humanity,
Muhammad bin Abdullah (s).

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1. Ritual System
The essential aim of a religion is to introduce mankind to their Creator and to teach them to worship
Him, the One Who has no partner.
Islam legislated a series of rituals which explain how to worship and obey the Creator such as:
prayer, supplication (Dua), commemoration, dedication, fasting, pilgrimage (Hajj), one-fifth levy
as a yearly tax (Khums), charity to the poor (poor-rates (zakat)), enjoining what is good and
forbidding what is bad, calling to Islam (Da'wah), Holy Struggle (Jihad) in the way of Allah,
reciting the Holy Qur'an and other ritual actions which bring man near to Allah, the Almighty.

Islam made it clear that these rituals keep man from deviating from his worship of Allah, and no
one has the right to worship anything or anyone other than the One True God.

Worship includes some conditions such as true intention and full sincerity to Allah alone so that
an act or deed is far from being sanctimonious and hypocritical, which would nullify the deed and
its reward.
Islam also prevents Muslims from devoting themselves entirely to worship and not working for
life's necessities in this world.

The Almighty Allah says:

“...and seek by means of what Allah has given you the future abode, and do not neglect your
portion of this world, and do good (to others) as Allah has done good to you...” Holy Qur'an (28:77)

Islam creates balance between the life of this world and the Hereafter. A Muslim should strive for
both this life and the life after death. He should grow crops, build, manufacture, seek knowledge,
entertain with the good and lawful things of this world, and perform his obligatory duties as well
as work for his life in the Hereafter.

Worship in Islam, besides being an obedience to Allah, has various social, psychological and
sanitary benefits. It encourages man to avoid arrogance and vanity. When a Muslim prostrates
himself before Allah during prayer, he really wants to make himself submissive to the Great Lord.
As prayer needs cleanliness which in itself preserves man's health and beauty, so does fasting give
man the strength of determination and fills him with sympathy for the sufferings of the poor.
Fasting also preserves the health of the body.
Congregational prayer instructs Muslims on how to cooperate and acquaint themselves with each
other. Giving charity and financial offerings help to solve economic and social problems. Man is

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naturally impatient, Hajj teaches him endurance and acquaints him with other Muslims from
different nationalities so that he can cooperate with them regarding the affairs which benefit Islam
and all Muslims.

In reciting supplication (Dua), man feels he is in need of Allah, the Most High, so he liberates
(purifies) himself from pride and vanity and asks goodness for himself, his parents and the
believers. He purifies himself from selfishness and learns the love of good to all people due to his
calling for goodness for them. In this way, the best morals are created in him who desires good for
all.

These virtues educate man perfectly, socially and ethically. They encourage him to participate in
the progress of the society and its reformation, in addition to being obedient and involved in the
worship of Allah alone.

Summary:
1. Rituals are limited deeds. It is unlawful to omit any part of them or add anything to them.

2. The aim of worshipping is to obey Allah and approach Him.

3. Muslims are ordered, by Allah, to achieve a balance between the life of this world and the
Hereafter. In this life we do everything which benefits us and causes our progress and to perform
our ritual obligations.

4. Truthful intention and sincerity are the main basis of worship.

5. Rituals have reformatory and educational interests which have a great effect on the life of
individuals and groups.

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2. Political System
The Holy Prophet (s) founded an Islamic state after his emigration to Madina. This Islamic state
continued for a time after the death of the Messenger of Allah (s) but soon collapsed. Therefore, it
is among the duties of Muslims to strive towards its re-establishment and to safeguard it as long
as humanity exists on this earth.

The Holy Qur'an obliges Muslims to establish governments and rule people on the foundation of
justice and equality so that people can live happily under the Divine Just rule.
Thus, the meaning of political system is the system of government and state which administers the
affairs of the Muslim communities.

Allah commanded Muslims to establish an Islamic state whose systems should be based on the
principles of the Holy Qur'an and true Prophetic Traditions (Sunnah). So, the Islamic state can be
defined as:

“The state based on the foundation of Islam whose laws are taken from it.”

Regarding a state which is not based on the foundation of the Holy Qur'an and Prophetic
Traditions, it cannot be considered an Islamic state even if the people of such a government are
Muslims.

The Islamic state is the state which takes its laws from the Holy Qur'an and Prophetic Traditions
and which achieves justice and equality among the people. The Almighty Allah says in the Holy
Qur'an:

“Surely Allah enjoins the doing of justice and the doing of good (to others)...”Holy Qur'an (16:90)

“Surely Allah commands you to make over trusts to their owners and that when you judge between
people you judge with justice...”Holy Qur'an (4:58)

“...and whoever does not judge by what Allah has revealed, those are they that are the infidels.”
Holy Qur'an (5:44)

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Duties of the Islamic State:

Islam specifies the following duties for the Islamic state:

1. It should manage public services such as building schools, hospitals, mosques, roads, providing
water and electricity, setting up a network of industry, agriculture, sciences and other amenities
needed by society.

2. Taking responsibility for helping any citizen who lives in the state and who can no longer earn
a livelihood due to sickness, infirmity, unemployment...etc., whether being Muslim or non-
Muslim. In this case, the state should take the responsibility of supporting such individuals and
providing them with their needs, be it food, housing, medical treatment, education or other needs.

3. Applying Islamic laws in society, and ruling according to these laws from the Holy Qur'an and
Prophetic Traditions.

4. Explaining Islamic laws and regulations to people and educating them according to Islamic
principles, in addition to calling them to Islam and conveying its message to the whole world.

5. Maintaining security inside the state; defending Islamic homelands in case of being attacked by
external aggression and preserving the sovereignty and interests of the Muslim Nation.

6. Establishing courts of law; appointing judges to mediate justly among the people; punishing
criminals, fighting crimes and restoring the rights of the people.

If Muslims establish their own state, on the basis of the Holy Qur'an and Prophetic Traditions, they
will live in security, economic welfare, freedom and equality.

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Principles of the Political System in Islam
The system of politics and rule in Islam is based on numerous principles of which we will confine
ourselves to the following:

1. Consultation among Muslims: The Qur'an states this principle and disapproves of despotism
and dictatorship.

“...and their rule is to take counsel among themselves...” Holy Qur'an (42:38)

Thus, all the members of the Muslim nation take part in managing the state's affairs and consult
among themselves in order to achieve what is right and useful for them.

2. Right of Criticism and Reckoning: Every member of the Muslim Community has the right to
criticize and enter into dialogue with the government over any step it takes. This can be done
through the media, and direct dialogue with the officials and consultative assemblies, and
memoranda, etc.

3. Any qualified Muslim, man or woman, has the right to take part in government, politics and
manage the state's affairs with the exception of the post of presidency and judge. Men alone should
assume this responsibility. The reason for this is because of the innate characteristics which exist
between men and women. For further explanation you may refer to Nahjul Balagha, Sermons and
Sayings of Imam Ali (a).

4. Obedience to the Muslims' leader is obligatory as long as he complies with Islamic laws and
obligations and establishes justice among the people. Should he rule in contradiction to the Book
of Allah and Prophetic traditions, and ignore the rights of the people and practice injustice, the
Muslims have no obligation to obey him. On the contrary, they should depose him and pledge their
allegiance to someone else.

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Imamate
In the family, the father is the one who is responsible for managing its affairs. He should supervise
and educate the children. On the other hand, the children and other family members should obey
him, listen to his words and advice.

In the school, we find that the headmaster is the one who is responsible for running, supervising
and applying its rules, while other school members, staff and students, should obey him, listen to
his directions and advice. The headmaster should guard the school and strive towards achieving
progress in its study program and also preserve good education and solve its problems.

Now, let us ponder on the great Islamic society. Does it need an Islamic government? Does it
require a head-of-state for organizing the economic, judicial and political affairs? Should it be able
to stand against corruption, spread virtue and good morals, and direct the society towards
worshipping Allah and obeying Him? Should it explain Islamic laws and strive towards the
progress of the society? Should it solve society's problems according to an Islamic foundation, or
is there no need for such a government?

Certainly, we can see the need for the existence of such a sincere, just government. It is obligatory
for the Islamic state to be supervised by sincere and qualified leaders who strive towards meeting
the needs of the society and educating people about Islamic ideology, laws and behavior. It has to
provide people with public services such as medical treatment, assistance to the poor, building
infrastructures, mosques, universities, industries, establishing an army, courts of law and other
government offices.

The Islamic society needs a government and a just head-of-state who is able to manage the affairs
of the Muslim Nation. Muslims call this head-of-state an Imam. He is the one who leads all
Muslims.

Imamate in Islam
Islam gives much importance to Imamate (leadership). The Holy Prophet, Muhammad, (s) was the
Imam and head-of-state of the Muslims during his blessed life in addition to his being a Prophet
and Messenger of Allah, the Most Gracious.
Allah the Almighty says:
“Surely your guardian is only Allah, and His Messenger, and those who believe, keep up prayer
and pay poor-rates (zakat) while they bow down.” Holy Qur'an (5:55)

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The commentators of the Holy Qur'an unanimously agree that this verse was revealed in relation
to Imam Ali (a) and that he is the master of the Muslims.1 (1) At the end of the Farewell Hajj (the
last Hajj performed by Prophet Muhammad (s) before his death), the Prophet (s) raised the arm of
Imam Ali (a) in the presence of tens of thousands of Muslims and asked:

“Am I not more appropriate to rule over you than yourselves?”

“Yes, O Messenger of Allah!” the multitude cried.

“Am I not more appropriate to rule over the faithful than himself? He asked them.

Again they replied in unison, “Yes, O Messenger of Allah!”

“Then this man,” he said referring to Imam Ali (a), “is the master of whom I am his master. O
Allah! Support whoever supports him and desert whoever deserts him.” *

The Prophet (s) is quoted to have said:

“I leave behind me among you two heavy things: The Book of Allah and the offspring from my
family. If you cleave to them you will never go astray.”

Therefore, the above-mentioned hadith clearly states that the Imamate should have been in the
hands of Imam Ali (a) and his offspring.

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Leadership of Muslims at Present Time
It is unanimously agreed that the Islamic Ummah is in need of a fair Islamic government headed
by a just leader, who establishes right and preserves the ummah's interests. The existence of both
the Islamic state and an Islamic leader are a necessity and a religious duty. All the Muslims should
strive to establish the Islamic state, abiding by Islamic law and ruling according to the Prophet's
(s) traditions so that Muslims can live in security and serenity.

The Muslim leader should have the following qualifications:

1. He should be a jurisprudent (Fiqh) who is learned in Islamic laws and teachings.

2. He should be just, pious and committed to Islam.

3. He should be competent and capable of managing the Muslim affairs.

Applying Islam's laws and abiding by Islam's teachings require a broad and exact knowledge of
Qur'an and the Prophetic traditions. This can only be found in the jurisprudent (faqih) and those
learned in Islamic teachings.

Abiding by and embodying justice, is also a required condition, so that there is no chance of the
coming to power of a corrupt Muslim, who not only does not adhere to Islam, but also wields
authority in a perverse and unjust way which is forbidden in Islam.

Allah, the Most High says:

“And lean not on those who are unjust, lest the Fire touch you...”Holy Qur'an (11:113)

“...and whoever judges not according to what Allah has sent down, they are the transgressors.”
Holy Qur'an (5:47)

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3. Economic System
It is the system that outlines for Muslims how to gain wealth, invest, spend and distribute it. The
ultimate goal of the economic system in Islam is to spread justice among people so that not a single
person remains destitute among the people.
“Surely Allah enjoins the doing of justice and the doing of good (to others)...” Holy Qur'an (16:90)

How Wealth is distributed in Islam

By wealth we mean money and possessions such as land, minerals, livestock, water, woodlands,
crops, foodstuffs, clothes, furniture, and means of transportation, all of which are of great benefit
to the Muslims.
Allah, the Beneficent, has created whatever man needs to lead his life on earth. Wealth is abundant
and plentiful. This wealth is for all people and everyone has the right to have his share.
The Most High says in the Qur'an:

“And the earth, He has set it for living creatures.” Holy Qur'an (55:10)

Man can get his wealth through two channels:

1. Labor
The Holy Qur'an says:

“...so walk in its broad ways and eat of His provision, and to Him is the return.” Holy Qur'an
(67:15)

Man can work and get whatever he deserves as a reward. He can work in agriculture, industry,
trade, or any other acceptable domain.

2. Need
The man who can no longer meet his basic requirements due to sickness, infirmity, disability, old
age, loss of the one who supports him or because his income cannot meet his needs, is supported
by the Islamic government.

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He is given a share from the money collected from zakat, Khums and other sources. Man's life is
financially secure in Islam if he is unable to work. But, if he can work and does not want to work,
then he is deprived of any financial support. Islam wants man to be an active, fruitful worker who
depends on himself to secure his needs and provisions.

Poverty and its Solution in Islam

Imam Jafar al-Sadiq (a) is quoted as saying:

“Allah, the Most Powerful and High, certainly made in the wealth of the rich an adequate share
for the poor, if it was not so He would certainly make their share greater. If they are needy, it is
because some of the rich refuse to give them their share.” 1

This tradition hadith shows the extent of attention given to solving the problem of poverty and
preventing its evil consequences. Poverty is a dangerously grave problem for society and is one of
the root causes of backwardness and decay. Poverty is often the primary cause of ignorance, crime,
disease, unbelief and corruption. To solve this complicated dilemma, Islam sets certain laws like
the poor-rates (zakat) which is mandatory on the rich, exhortation to work, warning against
wastefulness, monopolies, etc.

In Islam's view, the main reasons behind poverty are:

1. Insufficient Production.

2. Poor Consumption Habits.

3. Weak Distribution System.

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1. Insufficient Production
One basic reason for poverty is an inadequacy in manufacturing whatever man needs, such as food,
clothing, household goods, housing, etc. Underproduction is attributed to:

A. Laziness and Unemployment

Islam warns man against laziness and unemployment and orders him to work actively, diligently
and patiently to gain the means to satisfy his needs. Islam regards work as something endearing to
Allah.

Allah, the Glorified, says:

“And say: Work; so Allah will see your work and (so will) His Apostle and the faithful; and you
shall be brought back to the Knower of the unseen and the seen, then He will inform you of what
you did.” Holy Qur'an (9:105)

The Prophet Muhammad (s) is quoted as saying:

“Allah certainly likes the faithful professional”

He had labelled work and seeking provisions “the greater jihad.”

B. Ignorance of Technology
A man who knows how to produce machines and equipment, how to develop them and make them
more efficient, can multiply his production. The result would be the satisfaction of people's basic
needs.

Islam urges us to seek knowledge, and to think and devise new products through inventions and
discoveries. Ignorance of technology makes it impossible to progress and causes the society to be
dependent on others for their needs.
The Holy Prophet (s) said:
“Seeking knowledge is an obligation on every male and female Muslim.”

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2. Poor Consumption Habits
The Most High says in the Qur'an:

“And give to the near of kin their right, and to the destitute and the traveler; and squander not
wastefully. Surely the squanderers are Satan's brothers...” Holy Qur'an (17:26-27)

Squandering is the second cause of poverty. Extravagance, prodigality and spending money on
forbidden things like drinking alcohol, dancing, singing, corruption, and the production of
weapons that can wipe mankind off the face of the earth, are but a few examples of the misuse of
the fruits and wealth of the earth.

Such abuses of wealth lead to the depletion of means, and create poverty and destitution.

3. Weak Distribution System

When a group of people monopolizes a great amount of wealth, while the rest of the people can
hardly make both ends meet, the community becomes divided into two groups.

A. The Affluent

B. The Deprived

This particular distribution system is found prevalent in the capitalist system today in which
communities are subjugated to the rule of man-made laws.

It is for the amelioration of all people that Islam makes it an obligation to distribute wealth fairly
and equally. It makes usury and monopoly forbidden, and sets rules for zakat, Khums, atonements,
and vows to Allah, alms, etc. These taxes and payments bring in great amounts of money that are
given by the rich and those who are obliged to pay them, and are distributed to the poor.

Furthermore, the Islamic state opens the doors for employment to all the unemployed, and supports
the needy and the disabled, the aged, orphans and the sick. In addition to that, Islam forbids usury
which is an interest taken by a creditor from the debtor as practiced in banks, companies and

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between individuals. The ruling has been instituted so that money will not be accumulated in the
pockets of some people while others remain deprived. Islam thus makes usury forbidden.

Profiteering refers to hoarding articles and badly needed goods such as foodstuffs and medicines
for a period of time, then selling them at staggeringly high prices. Islam forbids this kind of
monopoly so that merchants cannot play with these much needed commodities, or their prices, to
amass wealth at the expense of the people.

Summary
1. The Islamic Economic System is the system which outlines how to gain wealth, invest it, spend
and distribute it justly and also how to achieve financial equality among the people.

2. The Islamic Economic System is established on the foundation of justice and providing the
needs of the people to save them from poverty and need.

3. The main reasons for poverty are unemployment, poor consumption habits, weak distribution,
hoarding commodities and cheating with prices.

4. Islam forbids usury and monopoly and sets the rules of financial obligations so that money and
wealth will not be in the hands of a few while the masses live in poverty and misery.

5. Islam forbids extravagance, prodigality and spending money on forbidden things like drinking
alcohol, dancing, singing, gambling, etc. It preserves human wealth from corruption and loss.
Allah has created the earth with ample provisions for the needs of all creatures.

6. The Islamic state is responsible for the poor, disabled people, and those who are unable to find
a source of living or who cannot find anyone to support them and should provide them with their
needs.

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4. Social System
An Islamic society is the society whose members have faith in Islam, apply its laws in their life,
abide by its moral standards of love, brotherhood, equality, mercy, and trust, performing religious
duties and abstaining from doing what is unlawful.
In a true Islamic society, drinking alcohol, practicing usury, dressing immodestly, deceiving each
other, giving or taking bribes, injustice, violating others rights, are all avoided and prohibited.

Even when the society is so-called Muslim but in it people discard Islam and commit unlawful
acts publicly without the slightest feeling of shame, and no power or authority exists to deter them,
this society cannot be considered an Islamic one. What matters is the lifestyle and system they
adopt, not the name they call it.

Principles of the Social System

The social system in Islam is based on ties and relationships which draw Muslims close together
and organize their lives. They include:

1. Love and loyalty among the faithful

Allah, the Most Glorified, says:
“Surely the faithful are but brothers...” Holy Qur'an (49:10)
“And the faithful men and women, are friends of each other...” Holy Qur'an (9:71)

2. respecting the rights of the individual and the group, both having mutual rights and duties
towards each other.

3. Islamic society is built on right, justice, and mutual kindness.

Allah, the Exalted, says:

“Surely Allah bids to justice, benevolence and giving to relatives, and He forbids indecency, evil
and transgression. He exhorts you so that you may remember.” Holy Qur'an (16:90)

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4. The bond of unity and co-operation
Allah, the Compassionate, says:

“...and cooperate (with each other) for righteousness and cooperate not in sin and enmity...”Holy
Qur'an (5:2)

In every aspect of life, the members of an Islamic society cooperate wholeheartedly with each
other. For example, in building mosques and schools, helping the needy, fighting oppression,
establishing economic, social and cultural associations, are all forms of co-operation within the
society.

5. Maintaining good morals

It is another significant principle of the social system in Islam. Honesty, sacrifice, mercy,
sympathy, love, faithfulness, keeping ties with near kin, respecting neighbors, and being kind and
gentle to others, are factors which consolidate a society and gladden its members. They become
serene and free from worries and pressures. There is no sadness.
It is our responsibility to form an Islamic society and keep it safe from subversive and corrupt
elements by means of enjoining good and forbidding evil.

5. Jihad System
Allah made jihad an obligatory duty on all Muslims to defend themselves against the enemies of
Allah, and to protect their homeland, religion and interests from the aggression of the infidels and
oppressors.
Allah, the Eternal, says:

“And fight them until there is no more sedition and the religion be wholly for Allah...” Holy Qur'an
(8:39)

Allah has made jihad obligatory for every able Muslim man when it is necessary to defend Islam
and Islamic homelands against danger. Islam has also made it obligatory for every human being
to carry out jihad against his own self to defend his soul from envy, jealousy, deceit, cheating,
lying, stealing, and all other evils that attack man's spirit. Jihad achieves victory, power and dignity
for the Muslim nation and rids us of the colonialists and oppressors.

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6. Judicial System
“But no, by your Lord! They will not believe until they make you a judge in what they dispute
among themselves, then they will find in themselves no uneasiness touching your verdict and shall
submit in full submission.” Holy Qur'an (4:56)

Naturally, human societies witness problems and differences among the people. Some may assault
others, someone may beat another, and someone may steal another's money, commit murder, or
otherwise endanger the life of a member of society. A difference may arise between them over the
ownership of a piece of land, a debt, or any other source of contention.
Islam aims to establish justice, security and stability in society. To do this, it sets certain laws and
rules in effect to punish transgressors and deter them from resorting to violence. These laws oblige
the Muslims to take their cases before the judiciary to be examined and judged. Islam makes
acceptance of the verdict passed by the Islamic court a requirement of faith as is shown by the
above Qur'anic verse.

By establishing the judiciary in Islamic society, security, stability and justice can be preserved.
Crime and evil is also controlled. For the criminal and transgressor fear of punishment, tends to
urge them to refrain from these acts against society. Were it not for the judiciary and punishment,
human societies would be plagued by chaos.
“And that when you judge between people you judge with justice.” Holy Qur'an (4:58)

Principles of the Judiciary System

“...and when you speak, then be just though a be (against) a relative,” Holy Qur'an (6:153)
1. The judge should be a jurisprudent (Fiqh) and sufficiently wise with respect to Islamic laws so
that he can pass judgement in light of this knowledge.
2. The judge should be a pious man who judges justly and rightly.
3. No judgement can be given without evidence, testimony of witnesses, and/or the admission of
the accused.
4. Every accused man is innocent until he is proven guilty. If guilty, he is punished and or ordered
to restore the injured party's rights.
5. The judgement handed down by the Islamic court should be in accordance with the laws and
rules of Islam alone.

Praise be to Allah, Lord of the worlds

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Procedure of Ijma and Ijtihad
Ijmaa
Ijmaa` is the third source of Islamic Sharia that literally means to agree upon something or to
gather. If at any time there arises some problem or legal issue which is having no direct
solution/answer in the Holy Quran and Sunnah of Holy Prophet (PBUH), then it becomes the
responsibility of Muslim jurists to find a solution to that issue that must be in consonance with the
teachings of the Holy Quran and Sunnah and when they reach and agree upon some solution, it
becomes binding upon all the Muslims and in terms of Islamic Jurisprudence or Fiqh, it is known
as Ijmaa` or consensus of opinion. The most important essence of a valid Ijmaa` or consensus of
opinion is that it must not be in derogation of a Quranic verse or Sunnah/tradition of Holy Prophet
(PBUH). Ijmaa` is closely associated with Ijtihad which is the name of a process. Literally, the
Arabic word Ijtihad means to strive or struggle and in legal terminology it is a juristic exercise in
which a Muslim jurist utilizes his intellectual and legal expertise for finding solution to those
matters that are not directly covered by the two primary sources of Sharia, namely the Quran and
Sunnah. After carrying out Ijtihad when the jurists agree upon some way-out it becomes Ijmaa` or
consensus of opinion. So basically Ijtihad is an exercise the net result of which may be either in
the form of Ijmaa`/ consensus of opinion or Qiyaas/analogical deduction.

Each and every Muslim is not authorized to perform Ijtihad and to reach upon Ijmaa` and Qiyas in
religious issues. It is the considered view of Muslim Scholars that only qualified Muslim jurists or
mujtahids are competent to do Ijtihad and reach upon Ijmaa` and Qiyas. For becoming a qualified
jurist or mujtahids it is mandatory that one is well conversant with Arabic language and Islamic
legal science, i.e. Fiqh. In addition to it he/she must be having command upon the translation and
exegesis of the Holy Quran and the ability to distinguish between authentic and non-authentic
traditions. He must be fully aware of the methods of Qiyas or analogical deduction. He/she must
be a person who is famous for piety and not the one who is notorious for his/her immoral activities.
On account of their authority, the mujtahids or jurists have been divided into three categories,
namely Mujtahideen fil-Shara, Mujtahideen fil Madhab and Mujtahideen fil-Massail.

Mujtahideen fil-Shara are the founders of four Sunni schools of jurisprudence namely Imam Abu
Hanifa, Imam Malik, Imam Shafei` and Imam Ahmed Ibn Hanbal. They have been given absolute
authority to expound law on account of their enormous services in Islamic Fiqh.
Each and every Muslim is not authorized to perform Ijtihad and to reach upon Ijmaa` and Qiyas
in religious issues. It is the considered view of Muslim scholars that only qualified Muslim jurists
or mujtahids are competent to do Ijtihad and reach upon Ijmaa` and Qiyas.
Mujtahideen fil Madhab are the students of the founders of four Sunni Schools. They explained/
enunciated the law according to their respective school. Abu Yousef and Muhammad of Hanafi
school, Suyuti of Shafei` school and Abu Bakr ibn-ul-Arabi of the Maliki School are very
prominent in this category.

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Mujtahideen fil-Massail are those jurists who expound the law on those fresh issue that have not
been settled by the jurists of first two categories. The modern Muslim jurists fall in this category.
On account of Ijtihad Islamic laws retains the capacity to develop and are free from stagnation.
Ijtihad enables the Muslims to solve any complicated legal issue in the light of teachings of Islam
that may arise at any moment of time. No doubt, there is great scope of Ijtihad in this modern age
but two points are worth considering in this regard. Firstly, those issues which are clear in the Holy
Quran and Sunnah or about which there is an absolute Ijmaa` do not come under the purview of
Ijtihad. For example, Ijtihad cannot be made for exempting Muslims from Salat, Zakat, Fasting
and Hajj or for permitting and legalizing interest, drinking, obscenity lewdness, corruption etc.
Secondly, people belonging to other professions who do not fulfil the requirements needed for
becoming jurists have no authority to do Ijtihad. Unfortunately, in our country each and every one
feels liberty in expounding Islamic laws according to his/her whims and wishes in print and
electronic media which is an un-Islamic, unhealthy and unwarranted practice. There is a common
Arabic maxim ‘Each field is having its own people.’ Therefore, Ijtihad is the field of qualified
Muslim jurists and legal experts.

The basic principles of Ijtihad and Ijmaa` are based on explicit Quranic verses and traditions of
Holy Prophet (PBUH). When Hazrat Ma’az bin Jabbal was appointed as governor of Yemen, the
Holy Prophet (PBUH) said to him ‘How are you going to decide cases?’ He replied ‘He would
decide cases according to the Holy Quran.’
• The Holy Prophet (PBUH) then asked ‘If there is no such thing in the Holy Quran then?’
• He stated that then he would resort to the way of Holy Prophet (PBUH). The Holy Prophet
(PBUH) again asked ‘If there is no such thing in Sunnah too then?’
• He stated that he would exercise his judgment. The Holy Prophet (PBUH) was very pleased
with his answer, which clearly exhibits the authority and importance of Ijtihad.

The Allah says in verse No. 59 of Surah Nisa/Chapter the Women, ‘Believers! Obey Allay and
obey the Prophet and those invested with authority among you; and then if you were to dispute
among yourselves about anything refer it to Allah and the messenger if you indeed believe in Allah
and the Last Day; that is better and more commendable in the end.’ Similarly, in verse No.43 of
Surah Nahl/Chapter the Bee, the Allah Almighty directs the Muslims, ‘(O Muhammad!), whenever
we raised any Messengers before you, they were no other than human beings; to them We sent
revelation. So ask those who possess knowledge if you do not know.’ About the authority of Ijmaa`
the Holy Prophet (PBUH) said, ‘My people will never agree in an error.’ Similarly, he stated,
‘Whatever the Muslims hold to be good is good before Allah.’
After the demise of the Holy Prophet (PBUH) the election of the first Caliph of Muslims Hazrat
Abu Bakr (may Allah be pleased with him) was on the basis of Ijmaa`, when the absolute majority
of companions of the Holy Prophet (PBUH) chose him as the first rightly-guided Caliph of

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Muslims. The Ijmaa` of one age can be repealed or modified by an Ijmaa` of any subsequent age
with one exception that is the Ijmaa` of the companions of the Holy Prophet (PBUH) cannot be
altered by the Ijmaa` of other ages. According to majority of Muslim scholars, at least three jurists
are required for a valid Ijmaa`.

In religious issues, the opinion of National Assembly of Pakistan cannot be declared as Ijmaa` as
its members do not fulfill the requirements prescribed for becoming jurists. However, there is
another constitutional body, namely Council of Islamic Ideology constituted under Article 228 of
Constitution of 1973 of Islamic Republic of Pakistan, who’s considered opinion can be termed as
Ijmaa` subject to the condition that its members are selected on merit and not on political grounds.

According to the Constitution of 1973, Council of Islamic Ideology is comprised of qualified

religious scholars belonging to different schools of thought and legal experts, and its function is to
advise the government on religious issues. The government can refer any matter to Council of
Islamic Ideology for advice but constitutionally the government is not bound to implement its
recommendations that is why a number of recommendations of Council of Islamic Ideology failed
to receive attention of different governments in our country.

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Ijtihad
Ijtihad literally means ‘to exert’. In the Islamic terminology it means to exert with a view to form
an independent judgement on a legal question. It has its origin in the well-known verse of the
Qur’an ‘And to those who exert we show our path.’
While defining Ijtihad Shatibi writes, “A process in which one exerts one’s efforts to one’s full
capacity in order to acquire exact or probable knowledge or reach judgement in a given case.”

Ijtihad and Holy Prophet (Pbuh)

The Prophet Muhammad (Pbuh), while sending Ma’az Ibn Jabbal to Yemen as its governor, is
reported to have asked him as to how he would decide matters coming up before him. ‘I will judge
matters according to the Book of Allah,’ said Ma’az. But if the book of Allah contains nothing to
guide you’ then I will act on the precedents of the Prophet of Allah. But if the precedent fails?
“Then I will exert to form my own judgement”. The Prophet (Pbuh) approved his answers.
The Qur’anic verse ‘their affairs are (conducted) by mutual counsel’, was applied to its fullest
extent by the Prophet (Pbuh) in his private and public life and was fully acted upon by the Caliphs.

Why did the necessity of Ijtihad arise?

During the life of the Prophet, he got the divine message from God, and his life itself is an attempt
to concretely apply what the text means. It is of course in a metaphorical sense. There was not
much gap between the message and the meaning. When he died the question as to the meaning of
texts arose. Each human being see things differently, so differences get resolved through discourse.
Al-Iftilah or divergence of opinion occurs among scholars. If there was only one interpretation,
there would result a dictatorship, Dogmatism, monism. So divergence is a mercy from God. It
gives room for human beings to interpret the Quran and adapt, and apply to different situations,
various problems, and questions as they come up.
Ijtihad is an intellectual endeavor to seek the solutions of day to day matters. Ijtihad has been much
emphasized in Islam. It is a rational and analytical approach, based on the Quran and on the
teachings of the Sunnah, for interpreting religious matters. Time and again the Quran says that its
verses are for thinkers. It stresses the exercise of the rational mind. In Surah the Heifer the Quran
says: “Do not treat Allah’s signs as a jest, but solemnly rehearse Allah’s favors to you, and the fact
that He sent down to you the Book and wisdom, for your instruction.” (2:231).This verse shows
that Book and wisdom are prerequisites to keep society on track and a progressive and right path.
God has put our brain in our skull not in our ankle. The place of the brain at the top of the human
body signifies the value and importance of the mind. The Book has laid down the foundations, but
we have to be wise in taking steps to build our lives upon it through the course of time.

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Definition of a Mujtahid?
The work of the interpreter of the text is to ascertain the authenticity of the source(s) and then
1. Discover the laws through the interpretation of the sources;
2. Extend the laws to new cases that may be similar to the cases mentioned in the sources for which
the laws cannot be discovered through literal interpretation (this is called the method of analogy,
or Qiyas); and
3. Extend the laws to new cases that have not been covered by the previous two methods by looking
at the general principles and objectives of the sharia (this method is known as istihsan or istislah—
general interests of the community).

Qualifications of a Mujtahid:
The basic role of the mujtahid is to explain and articulate the law of God in a particular situation.
The mujtahid takes on the considerable responsibility of explaining the will of God to individuals
and communities.
The qualifications for a mujtahid were set out by Abul Hussain al-Basri in “al Mu’tamad fi Usul
al-Fiqh” and accepted by later Sunni scholars, including al-Ghazali. These qualifications can be
summed up as (i) an understanding of the objectives of the sharia and (ii) a knowledge of its sources
and methods of deduction. They include
1. A competence in the Arabic language which allows him to have a correct understanding of the
Qur’an. That is, he must appreciate the subtleties of the language so as to be able to draw accurate
deductions from the “clear and un-crooked Arabic” of this infallible source, and that of the Sunnah.
2. An adequate knowledge of the Meccan and Medinese contents of the Qu'ran, the events
surrounding their revelation and the incidences of abrogation (suspending or repealing a ruling)
revealed therein. He must be fully acquainted with its legal contents (the ayat al-ahkam) - some
500 verses, according to al-Ghazali. He need not have a detailed knowledge the narratives and
parables, nor of the sections relating to the hereafter, but he must be able to use these to infer a
legal rule. He needs to acquaint with all the classical commentaries on the ayat al-ahkam,
especially the views of the Companions of the Prophet.
3. An adequate knowledge of the Sunnah, especially those related to his specialization. He needs
to know the relative reliability of the narrators of the hadith, and be able to distinguish between
the reliable from the weak. He needs to have a thorough knowledge of incidences of abrogation,
distinguish between the general and specific, the absolute and the qualified. One estimate (by
Ahmad ibn Hanbal) suggests that 1,200 hadith need to be known.
4. He should be able to verify the consensus Ijma of the Companions of the Prophet, the successors
and the leading imams and mujahidin of the past, especially with regard to his specialization.
Complementary to this, he should be familiar with the issues on which there is no consensus.

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5. He should have a thorough knowledge of the rules and procedures for reasoning by analogy
(Qiyas) so he can apply revealed law to an unprecedented case.
6. He should understand the revealed purposes of sharia, which relate to "considerations of public
interest", including the Five Pillars protection of "life, religion, intellect, lineage" and property. He
should also understand the general maxims for the interpretation of sharia, which include the
"removal of hardship", that "certainty must prevail over doubt", and the achievement of a balance
between unnecessary rigidity and too free an interpretation.
7. He must practice what he preaches, that is he must be an upright person whose judgement people
can trust.
Some Islamic traditions consider that these high conditions cannot be met by anyone nowadays,
while for others - especially the Shi’ite tradition - they are met in every generation.

How Might Ijtihad Be Revived?

One of the gravest mistakes Muslims have committed, according to Qazwini, is closing the doors
of ijtihad. They have limited legal interpretation to only four prominent scholars: Malik Ibn Anas,
Abu Hanifa al-No'man, Muhammad Ibn Idris al-Shafi'i, and Ahmad Ibn Hambal—the heads of the
Maliki, Hanafi, Shafi'i, and Hambali schools of thought. The motivation for this was political.
During the Abbasid Dynasty (750–1258 CE), the Abbasids decided to outlaw all other sects in
order to strictly control religion and worship, as well as political matters.
Closing the doors of ijtihad has had extremely detrimental ramifications for the Muslim world.
According to Qazwini, this decision has resulted in chronic intellectual stagnation, as thousands
of potential mujtahids and scholars have been prohibited from offering workable solutions to
newly emerging problems. Muslim thinkers have become captive to rules that were made long
ago, leaving little scope for liberal or innovative thought.
Governments in Muslim countries today, many of which are corrupt, greatly benefit from the
absence of ijtihad. Moreover, these governments help keep the doors of ijtihad closed in order to
control the religious establishment. Since religious bodies in Muslim countries rely on government
financing, this makes them captive to government policies. The domination of the religious
establishments by secular governments has been so powerful that it has often made religious
authorities look inept. The first step toward opening the door of ijtihad, according to Qazwini,
should be the liberation of religious establishments from the influence of political regimes.
Religious authorities should dissociate themselves from political regimes so that they can
independently issue and interpret religious law.
There cannot be true ijtihad, Siddiqi pointed out, unless scholars are free to express their opinions
and other scholars are free to criticize them if they make errors. Freedom of expression is inherent
in the concept and practice of ijtihad. This means that the democratization of Muslim societies and
basic freedom for scholars is sine qua non for this process to work.

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Reforming Muslim educational systems is also essential, including revising the curricula of
religious schools and seminaries. Instead of learning about only a single school of interpretation,
which is common practice, students should be exposed to all such schools. Instead of studying
only the rulings and interpretations of the schools, students should also learn about the evidence
used to arrive at these interpretations, as well as other methods of interpretation. Students should
also study comparative religion, modern logic, philosophy, psychology, and history, as well as
economics and political theory as background for improved interpretation. Islamic schools and
seminaries should also pay more attention to the great Islamic literature on the objectives of sharia.
Siddiqi also asserted that ijtihad should be a collective endeavor. There are currently several
national and international Fiqh councils (councils of jurisprudence and interpretation of sharia),
but they need to be better organized and they should work together collaboratively. Sharia experts,
both men and women, should be members of these councils. Membership should not be limited to
sharia scholars; experts from the fields of medicine, astronomy, economics, social and political
sciences, and law should also be included as consultants and advisers. Even non-Muslim scholars
who are sympathetic and objective should be invited to contribute. These councils should not only
issue rulings but also provide the evidence and methodologies behind their rulings. They should
also strive to build consensus as much as possible.
As Mahmoud pointed out, all four panelists mentioned the lack of freedom and democracy as
serious impediments to ijtihad. Without freedom and democracy, which are sharply limited in the
Muslim world and particularly in Arab countries, ijtihad cannot be performed. Democracy is the
key to opening up ijtihad, and ijtihad is the key to solving the principal problems confronting the
Muslim world today.

What Issues Should Be Subjected to Ijtihad?

Many issues facing Muslims today require ijtihad, and urgent attention can be listed below as:
The role of women. The role of women in Islam needs to be reviewed by carefully examining the
original texts.
Sunnis and Shiites. The gap in doctrine between various Islamic madhhab (schools and sectarian
positions) should be narrowed.
The spirit of globalization. Using modern ijtihad, Muslims should reinterpret the classical division
of the world into Darul Islam (the world of Islam) and Darul Harb (the world of non-Muslims).
Emphasis should be placed on a one-world view and responsible citizenship in our global village.
Ijtihad should also be used to foster better relations between people of diverse faiths and cultures
by promoting dialogue among various groups rather than encouraging the notion of a clash of
cultures and civilizations.
Economics. There is a need to radically rethink Islamic economic theories, in the process
incorporating elements of modern economic theories. Why is the Muslim world impoverished and
how can this be changed? What kind of collaboration is possible between Muslims and world

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economic bodies without compromising authentic Islamic values and principles of justice, equity,
and fairness?
Unity among Muslim states. Islamic political thinking and statecraft should also be reviewed. How
can Muslim states be brought together to collaborate more closely, and what new structures are
needed to promote unity among Muslim states? Ethical and moral standards of the Islamic state
need to be examined, as does the promotion of individual freedom, especially that of religious
minorities.
Muslims in non-Muslim countries. Ijtihad should be used to guide the almost one-third of the
Ummah (the worldwide Muslim community) that is living as minorities in non-Muslim countries.
What Islamic rules and guidelines should these Muslims follow to be good citizens of their native
or adopted land? How can they become active and responsible participants in the life of these
countries while not neglecting their Islamic beliefs and values?
Other major obstacles facing Muslims and the practice of ijtihad today include prejudice,
intellectual stagnation, political dictatorship, rejection of others, lack of democracy and freedom,
factionalism, and extremism. Regrettably, these illnesses pervasive in Muslim societies are
worsening, reaching a point where they may spiral out of control.

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