Collective Ijtihad and the Reform of Islamic Law and Society
By New Age Islam Staff Writer
15 April 2025
In The Indian Context, Collective Ijtihad Offers A Powerful Method For Reforming Islamic Law By Bringing Together Scholars, Professionals, And Community Leaders To Reinterpret Religious Teachings In Light Of Modern Challenges. With Indian Muslims Facing Issues Like Outdated Personal Laws, Gender Inequality, Communal Tensions, And An Education Gap Between Madrasas And Mainstream Systems, This Collaborative Approach Can Help Develop More Inclusive, Just, And Practical Solutions Rooted In Islamic Principles. By Embracing Collective Ijtihad, Indian Muslims Can Lead Their Own Reforms From Within The Tradition, Ensuring That Their Religious Practices Remain Relevant, Progressive, And Harmonious With The Country's Democratic And Multicultural Fabric.
Main Points:
1. Collective ijtihad brings new energy to this tradition. Unlike individual ijtihad, where one scholar gives a legal opinion, collective ijtihad is a group of scholars — often from different schools of thought and sometimes even from different professional backgrounds — working together.
2. Malaysia and Indonesia's national fatwa councils illustrate the exercise of collective ijtihad.
3. There are practical spaces where group thinking could be useful in India. For example, people worry about the gap between Islamic madrasa education and modern schools.
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In the rapidly changing world of today, Muslim societies are struggling with how to make their religious practices relevant while keeping up with the needs of the modern world. One of the most underutilized but promising resources in Islamic tradition for such reform is what is known as collective ijtihad. It is the process by which a group of scholars, and occasionally even professionals from other disciplines, get together and reinterpret Islamic teachings in light of the challenges of the modern era. This collective effort can be a key factor in bringing Islamic law up to date and enhancing the lives of Muslims everywhere, including in India.
To learn about collective ijtihad, we must learn about what ijtihad means first. The term is derived from the Arabic root "Jahada," which means striving or making an effort. In Islamic law, ijtihad is the effort that qualified scholars make to interpret and apply the Quran and Prophet Muhammad's teachings when there is no specific rule concerning the issue. It was a common practice in the early centuries of Islam, and the scholars employed it to decide new problems in a manner that was consistent with the religion and applicable to their time.
Why Collective Ijtihad is Relevant Today
Eventually, the practice of ijtihad declined. In the tenth century, some intellectuals proclaimed that the "gates of ijtihad" were closed. That is, all of the big religious issues had already been resolved and that later generations should simply abide by the settled interpretations. Although this concept has been debated and refuted numerous times since, fewer students were encouraged to reason for themselves and to apply Islamic law to fit new social, scientific, and economic situations.
Collective ijtihad brings new energy to this tradition. Unlike individual ijtihad, where one scholar gives a legal opinion, collective ijtihad is a group of scholars — often from different schools of thought and sometimes even from different professional backgrounds — working together. This approach is especially needed today because the challenges facing Muslims are often complex and require more than religious knowledge. Climate change, artificial intelligence, gender equality, organ donation, financial technology, and minority rights are challenges that involve science, economics, ethics, and politics, as well as religion.
Global Examples of Working Together in Ijtihad
The strength of collaboration in ijtihad is that it brings together different views. An Islamic law expert can collaborate with a doctor, a social scientist, or an economist to find out how to solve modern problems in a manner that is loyal to Islamic values. This leads to better decisions and also to harmony among different groups and minds. It helps to alleviate unnecessary fragmentation in the Muslim community and offers religious advice that is more meaningful, inclusive, and empathetic.
Collective ijtihad is practiced in the majority of the world. In Europe, there is an organization known as the European Council for Fatwa and Research, which brings together Muslim scholars in attempting to reach a collective religious conclusion on issues that pertain to Muslims residing in non-Muslim dominant countries. They have dealt with banking, citizenship, education, and interaction with other religions and reached conclusions taking into account Islamic law as well as European laws.
Another prominent example is the International Islamic Fiqh Academy, a subsidiary of the Organization of Islamic Cooperation. The organization tends to engage in consultations with Muslim scholars and experts on common ethics issues in the contemporary world, such as bioethics, organ transplantation, and Islamic finance. Their consultations tend to produce religious conclusions that merge tradition and innovation.
Malaysia and Indonesia's national fatwa councils illustrate the exercise of collective ijtihad. These councils address not just religious scholars but also doctors, scientists, and lawyers when they issue rulings. For example, Indonesia's Majlis Ulama Indonesia has issued rulings on tobacco, environmental conservation, and public health, taking into account both Islamic scriptural law and the concerns of the local society. In Malaysia, similar councils have dealt with women's rights, economic justice, and inter-religious coexistence.
India's Unique Requirement of Collective Ijtihad
These examples show how collective ijtihad can help Islamic law be more responsive to contemporary life. It allows religious rulings to be updated in a way that is respectful of tradition but responsive to the needs of Muslims today. This is especially necessary in countries like India, where Muslims are a large and varied population facing a multitude of social, legal, and political challenges. In India, collective ijtihad becomes increasingly necessary. Muslim personal law in India has been consistently criticized for not keeping pace with the times. Problems of triple Talaq, child custody, inheritance, and women's rights have been the subject of heated public debate. While some reforms have occurred through judicial rulings or political intervention, these are consistently viewed as being imposed from outside the community. A more productive approach would be for Indian Muslim scholars, community leaders, and legal experts to meet and effect internal reform through collective ijtihad. This would not only make such reforms more palatable but also guarantee that they are Islamic value-based.
Opportunities for Reform In the Indian Context
Another field where collective ijtihad would benefit India is the movement of gender justice. Several Indian Muslim women's groups have been advocating change based on Islamic justice and equality principles. Collective ijtihad would allow scholars to reinterpret patriarchal readings of the Quran and Hadith and stress instead the way in which justice and compassion form the centre of Islamic law. This would give power to women in the fields of marriage, divorce, education, and employment.
Simultaneously, collective ijtihad can assist Indian Muslims in addressing communal tensions, discrimination, and misrepresentation. In a nation where Muslims are frequently represented negatively in the media or targeted due to religion, a collective religious response founded on generosity, dialogue, and civic responsibility is greatly needed. Collective ijtihad can assist in generating such responses in a manner that blends Islamic ethics with constitutional virtues.
There are practical spaces where group thinking could be useful in India. For example, people worry about the gap between Islamic madrasa education and modern schools. Through group discussions, scholars and teachers can determine ways of updating the curriculum without compromising religious values. They can also discuss issues related to youth identity, mental health, online behaviour, and employment from an Islamic point of view.
In a country like India, where there are so many different cultures, religious laws of one place or community might not be applicable to others. A national community of thinkers of different traditions — like Deoband, Nadwa, Barelvi, and others — might issue fatwas that are obeyed by more people and are more appropriate to the Indian situation. This would eliminate confusion, stop the misuse of religious authority, and ensure a more universal approach to Islam.
Challenges in Implementing Collective Ijtihad
While it has a vast potential, collective ijtihad is a hard task. To begin with, there is no agreement among schools and groups. Generally, competition and differences discourage them from functioning well as a team. Political intervention is also a major problem, as governments attempt to hijack religious discourses for their own purposes. Not only that, but there are barely any forums or institutions through which scholars and professionals get together from time to time for collective thinking.
Another is resistance by those who see any new reinterpretation of Islamic law as an attack on tradition. These are powerful individuals in the community and media. Such resistance will have to be broken with patience, communication, and public education on the necessity and legitimacy of ijtihad throughout Islamic history.
A Path Forward Based on Tradition and Expansion
In order to function efficiently, group thinking should be aimed at education and institutional development. Students must be schooled in conventional Islamic teachings and contemporary studies. We should establish autonomous councils and research institutes where these scholars would meet, converse, and give counsel free of fear and compulsion. Young people and women must also participate in the meetings so that their voices can be heard. Above all, the people should learn that adapting new interpretations doesn't imply abandonment of the faith but rather recovering its vibrant and human nature.
Collective ijtihad does not mean rejecting tradition — it means viewing it in a critical and creative way. It means using the tools provided by the Islamic tradition in a way that ensures the religion remains committed to justice, mercy, and the common good in all generations. In a country like India, where Muslims face special challenges and opportunities, collective ijtihad can be a powerful way of connecting faith and modern life. Through it, we can help bring about a future in which Islamic law is not seen as a barrier to progress, but as a living tradition that evolves with the march of time and remains a source of inspiration for dignity, equality, and hope.
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