Ijtehad:
The word "Ijtehad" is originally derived from the the arabic word "Jihad". it means to discover the law from Quran and Sunnah. through all possible means of interpretation and then to apply for decision. However, there is no application of Ijtehad where there a rule in the text of Holy Quran and Sunnah is clear and explicit from which no further meaning beyond that may be derived from it. Ijtehad is interpretation by majority. some one believes that the law laid down in Holy Quran is some how different from Ijtehad. it is said that it is the activity of the jurists to interpret from their own outside the text of Holy Quran and Sunnah. This view is hardly acceptable; as the jurists have taken up that aspect of law for interpretation which is contained in the text and the interpretation is purely in the context of that particular issue of law, not beyond that. How interpretation made, is understandable from the example that the text provides the for the punishment of theft hundred stripes in the amputation of hand. No interpretation will be imputed as regards hundred stripes or amputation of hand. Nevertheless, the point which requires elucidation for interpretation is that the gravity of the stripes in the nature of offence and the amputation of which one hand? These things are to be interpreted in the terminology of Ijtehad.
In the real perspective the exegesis of Holy Quran are to be developed by the judges as well as by the chosen representative of people, popularly known as parliament (majlis-e-shoora). The Law of Quran is not static but organic.
Taqleed:
Taqleed means to follow the one's opinion without knowledge or authority of such opinion. The great Imams never claimed finality for their opinions; but their followers in the subsequent ages invented the doctrine of taqleed. A Sunni Muslim imperatively follow the opinion of their imam irrespective of the fact, the reason be in favour of an other opinion. There is no warrant for this doctrine in Quran and Sunnah. (In the Al-mital wal nihal page number 39) It is stated that great Abu- Hanifa used to say " this is my opinion and consider it to be the best". if some one regards an other persons' opinion to be better, he is welcome to it. Reference : PLD 1967 (SC 97).
"Distinction between Ijtehad and Taqleed"
01. In Ijtehad, Law is to be derived from the text of Holy Quran and Sunnah; where is in taqleed, the opinion of an other person is to be followed without knowledge of the authority for such opinion.
02. Ijtehad is permissible only in field where no rule of injunction from Holy Quran is available. The doctrine of taqleed is applied only in the case of those who do not possesses the qualification of the jurists.
03. Ijtehad is application of faculties by the lawyer to the consideration of the authorities of law; where as taqleed does not make it incumbent for all muslims to be abide by it.
04. Ijtehad is a science of jurisprudence consisting of the authorities i.e. the Quran, the Hadith and Ijma; while discuss according to me correct contains somehow historical background rather than any legal significance.
Scope of Ijtehad in the context of modern conditions:
In applying legal process for the construction and interpretation of islamic laws, there are two schools of lawyers: 01. Orthodox school of traditionalists. 02 Modernist School.
Jurists as traditionalists deny the right of ijtehad to latter generations. this controversy gained momentum in the process of time and in the subsequent eventualities majority of the muslim country even without sharing modernist's opinion found that traditional doctrine of one school of law, in particular has lost much ground and legislation in islamic law by enactment, became in vague in many islamic countries, however, owing to such changes the importance of these orthodox are traditional islamic laws, which in fact has existed for more than thousand years, has never been affected. For instance, such law still exists in Saudi Arabia. Now which School of thought is to be followed either in Pakistan or other islamic country for the matters in the process of "Islamistation of Laws" is a job and prerogative of the concerned legislature to decide. This controversy has been decided by the pakistani law courts in the number of cases that is, it is not necessary to stick to the views of the traditionalist, if the context of Holy Quran and Sunnah is clearly to the contrary to any particular point:
Ijma:
Ijma is a third source of islamic law but the modern jurists consider it to be the most important element for muslim law. Ijma is an agreement of jurists among the followers of the Holy prophet in a particular age on question of law and fact after departure of Holy prophet (peace be upon him). The authority of law is best on the Quran, Sunnah and Reason. Ijma enjoys authority on the basis of reason. It may be constituted by decision expressed in words or practice by jurists (both equally authoritative). Any question concurrently decided by the Ijma can not be opened by an individual Ijema unless an other Ijma sits.
Ijma as a source of Islamic Law:
After Quran and Sunnah, Ijma is the third source of islamic law containing authority of legislation. Under the parameters of Quran and Sunnahs delegation many issues can be resolved by ijma, such as: 01 enforcement of ordains of Quran and Sunnah. 02. Interpretation of Shariah according to changing circumstances. 03. enforcement of Quran and Sunnah towards achieving the object of sharia on matters arising day to day. 04. Preference of one of the companions over the others. 05. Famous ijema of companions of Prophet.
Difference of Opinions:
Four Sunni schools of thought hold ijema as a valid source of law, while Shia school of thought only accepts the ijema of Ahlu-al-Bait as valid source of law. according to Imam Bukhari, if general opinion of people is in favor or against the ijema may not be reckoned as authentic one because people do not have command over sharia and they lack reasoning and arguments, thereby ijema can be conducted by that class of the jurists who besides being specialists, possess authority over shariah.
