By
Ghulam Rasool Dehlvi, New Age Islam
24 June
2023
Inspired by
her parents, Lubna Shaheen aspires to donate her organs. Shaheen, a young
Indian Muslim woman who aims to donate her organs after her death, is the
daughter of Assam's Aftab Ahmed and Musfiqua Sultana who emerged as the first
Muslim couple to donate their organs. But this instance is rarest of the rare
in the Indian Muslim community which has not yet developed a healthy
understanding of ijtihad, a creative
re-thinking in matters of religion, and thus is not fully aware of the permissibility
of organ donation in Islam. Therefore, once again ijtihad should become one of
the major theological themes of discussion in the Indian Muslims community in
particular and of course in the Muslim world as well.
While
religion seems static and stagnant, religious interpretations should never be
fixed in a place or time. The religious science of hermeneutics and theological
interpretation is ‘the lived dimension’ of any religion. And this branch of
knowledge is constantly in flux: reimagined and ever-changing, grounded in
human experiences.
In Islam,
Ijtihad which I would define as the 'creative re-thinking' of Islamic
postulates is the 'lived dimension’ of this faith tradition. According to the
canonical view of the classical Muslim jurists, it is an intellectual activity
of a legal Islamic theorist, Faqeeh or jurist as per his scholastic ability,
aimed at finding a new jurisprudential standpoint or opinion for the larger
benefit of Ummah.
An
authentic Prophetic tradition reported in canonical hadith collections Sahih
Al-Bukhari, Muslim and Abu-Dawud goes as follows:
“If a scholar makes an Ijtihad (the extraction
of Islamic rulings from original sources of legislation) and he reaches the
correct conclusion, then he will achieve two rewards. And even if he [makes a
mistake] reaches the wrong conclusion, he will get one reward”.
Having
known this, each of the holy Prophet’s companions (Sahabas) engaged in Ijtihad
and creative re-thinking to deal with the new emerging issues and challenges in
socio-religious and political matters. Nearly every Sahabi i.e. companion of
the holy Prophet (pbuh) was in a position of the Mujtahid, the one who
undertakes Ijtihad. Thus, each of them adopted an approach of his own to deal
with day-to-day socio-religious and political affairs with a moderate method in
accordance with their modern times and requirements. According to the canonical
Islamic jurisprudence, if a Muslim has the ability to carry out Ijtihad, he
needs to engage in it for the betterment of the community.
Next to the
Qur’an and the Sunnah, Ijtihad has the most pivotal role to play in the Islamic
rulings and edicts. Unlike the first two primary sources of the Shari’ah, which
discontinued at the demise of the Prophet (pbuh), Ijtihad is a continuing
process of intellectual brainstorming, creative re-thinking and contemplating
on contemporary issues of and various new matters of religion. But it is
allowed only for those who have a scholastic aptitude for deriving meanings and
extracting correct rulings from the texts of Qur’an and Hadith. Since Prophet’s
companions were the closest to the primary source of Islam—the Prophet himself—
and were well-versed in the essential Islamic sciences, Ijtihad was a lawful
prerogative for them. But what had hampered the creative thought processes in
the theological issues and challenges of today's Muslims?
Noted
Muslim jurist of our times, Dr Wael Hallaq, former Islamic Studies Professor at
the famous McGill University, addresses this question in his research paper
titled "Has the door of ijtihad been closed now?" He avers that the intellectual activity of
ijtihad in Islam is an unceasing and continuing process ushering in the renewal
of Islamic thought in every new era.
Most Muslim
jurists of the medieval times not only opposed the blind adherence (Taqlid e
Jamid) in favour of ijtihad, but "also presented themselves as
qualified mujtahids, and were accepted by others as such", Hallaq
highlights. He reaffirms, through an objective study of abundant texts
available from the 10th and 11th century sources, that "there was no closure
of the door of ijtihad or any expression that might allude to the idea of blockage." A robust and
innovative approach towards ijtihad remained uninterrupted in the Muslim world
at the scientific and theoretical levels.
In this
context, Dr. Khaled Omran, Secretary General of the Fatwa Centre in Egypt,
states that ijtihad is close to the desired renewal in religious discourses,
which includes renewing the method of presentation, dealing with texts,
concepts and perceptions, indicating that it is actually a form of worship for
which the hardworking scholars are rewarded. For the Prophet (pbuh) has clearly
stated it.
Furthermore,
he explains that there is a connection between the two concepts of “ijtihad”
and “fatwa”, and thus infers that some scholars stipulate that a mufti must
attain the rank of diligence, as it is one of the pivotal concepts in the
process of issuing fatwas. It thus indicates that a fatwa is not a divine
commandment. Ratner, it is only an individual opinion supported the sources and principles of Islam.
But then
what was the cause of this intellectual decay and the blockage of the ijtihad
doors in India? This question prompted the prominent Indian Muslim philosophers
of the 19th century like Sir Syed Ahmad Khan, Shibli Nomani and Allama Iqbal to
invite the Indian Muslim scholarship to open the doors of ijtihad and engage in
the continuing processes of rethinking and re-examination of the intellectual
thoughts of Islam in India. While Allama Shibli Nomani wrote scathing criticism
of the intellectual decay among the Indian ulema in his research papers
published as a collection called "Maqalaat-e-Shibli", Allama
Iqbal produced a ground-breaking and thought-provoking seminal work "The
Reconstruction of Religious Thought in Islam". In this book, Allama Iqbal
called for the renewal and revitalisation of Islamic thought. In this context,
he expressed his deep concern about the closure of ijtihad in the Indian
sub-continent in many of his Urdu couplets.
One such is as follows:
Hind Mein Hikmat e Deen Koi Kahan Se Sikhe
Na Kahin Lazzat e Kirdaar, Na Afkaar e Ameeq
(Where can
one acquire wisdom of religion in India? Neither do we find the fascination of
characters nor the depths of thoughts!)
Here,
Allama Iqbal actually lamented the fact that knowledge in the religious
discourses of Muslims was becoming superficial and narrowed. Therefore, he
delivered six lectures on the "Reconstruction of Religious Thought in
Islam" which proved to be highly significant especially for the issues of ijtihad.
In his landmark lecture, Khutba in Allahabad in 1930, Iqbal strongly called for
the ‘reconstruction of religious thought in Islam’ in the Indian context. In
this presidential address, he laid particular emphasison on ijtihad, rethinking
and re-examination of the intellectual thoughts among Indian Muslims.
Today,
Indian Muslims in general and the Ulema and Islamic theologians in particular
must understand what Allama Iqbal meant by his “reconstruction” of Islamic
religious thought. It actually connotes the restoration of essential messages
and universal values of the Qur’an. That is to say, when the Islamic
postulates, precepts and practices became obliterated, he advocated restoring
the true and original version of Islam. However, by ‘reconstruction’, Iqbal did
not aim to change or alter Islam, but rather to change the religious attitude
of the Muslims. For instance, he viewed that the Muslim religious thought in
India was deeply entrenched in Riwayat (tradition) in place of the Haqiqat
(truth). Thus, by the idea of 'reconstruction', Allama Iqbal urged the Indian
Muslims to change their mindset of Riwayat into Haqiqat. This is the true
spirit of ijtihad and Islamic rethinking and reformation well-embedded in the
primary sources of Islamic thought.
Deplorably
enough, Indian Muslims, for the past few centuries, have committed a grave
blunder. There's a continuing stagnation in the evolution and restructuring of
Islamic theology in India. More deplorably, they have rather confined their
religious seminaries and madrasas to a narrow interpretation of their Fiqhi
Mazahib (schools of Islamic jurisprudence), and various Masalik (Islamic
sects). Allama Iqbal has castigated this trend in an another stimulating Urdu
couplet as follows:
Gala To Ghoont Diya Ahl-e-Madrasa Ne Tera
Kahan Se Aye Sada ‘LA ILAHA ILLALLAH’
(The
clergymen of Madrasas have strangled your nascent soul, and chocked it to
death. How will your voice of faith in God come out?)
In fact,
even the mystical experience and practice of Islam is an incomplete way to find
the Ultimate Truth if it is not viable with the influx of time. In an effort to
reclaim the true mystical narrative of Islam, there is rather greater need for
the reformation of Sufism in the modern age in the light of Allama Iqbal's idea
of the 'reconstruction of religious thought' in Islam.
Thus,
Ijtihad is emerging an increasingly important task for the Indian Muslim
scholars to undertake. It is becoming one of the most urgent and pressing needs
of the time for the Indian Muslims facing a whole new range of issues and
challenges in their daily life and socio-religious affairs. The Indian Ulema
and Madrasas must take it into serious deliberation in order to reconstruct the
Islamic thoughts in the light of the 21st century’s changing dynamics. Tellingly,
we have just passed through the new phases of developments in the Muslim world,
the Arab Spring in general and the Islamic reformation or the ‘Theological Arab
Spring’ in particular. Consequently, modern Muslims in the Middle East and
North Africa are turning less 'Islamist' and more multi-cultural and tolerant.
At this juncture, while a new religious narrative is emerging within the Muslim
world with radical Islamists and extremists losing their appeal, it would be
pertinent for the Indian Muslims to live with the new realities keeping pace
with the time. Their Ulema should look into the major theological overhauls
that they need to make in synergy with the world's most multicultural and
plural society with an aim to chalk out a progressive, modernist path for the
new generation of Muslims in India and thus contribute towards strengthening
the cultural, religious and social fabric of the country. After all, the thrust
of religious thought, as in the words of Allama Iqbal, should be “that it must
penetrate the soul of new man, and it can best penetrate the inner man.…..
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A Regular Columnist with Newageislam.com, Ghulam
Rasool Dehlvi is an Indo-Islamic scholar and English-Arabic-Urdu writer. He has
graduated from a leading Sufi Islamic seminary in India, and acquired Diploma
in Qur'anic sciences and a Certificate in Uloom ul Hadith from Al-Azhar
Institute of Islamic Studies. He has also participated in the 3-year “Madrasa
Discourses” program initiated by the University of Notre Dame, USA.
New Age Islam, Islam Online, Islamic
Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism