THE NEED FOR AN ADDITIONAL QUALIFICATION
A mujtahid proficient in these five areas can consult classical jurisprudential texts and identify relevant precedents. For instance, they might examine rulings addressing whether the sting of a scorpion entering a person’s body nullifies wudu.
However, for special ijtihad, an additional qualification is required beyond the foundational five disciplines. This requirement is highlighted in the Hadith: “A wise person must be aware of his time” (Sahih Ibn Hibban, Hadith No. 807)—that is, its spirit, needs, and demands. This emphasizes that a wise individual must possess a thorough understanding of the conditions and complexities of their era.
The additional qualification mentioned in the Hadith can be summarized as an awareness of the conditions of one’s time. A mujtahid must be thoroughly familiar with the context of the era and location in which they are exercising ijtihad. This necessitates an understanding of both traditional and contemporary sciences. Such expertise is acquired through external information, deep reflection, and comprehensive knowledge of relevant facts.
Examples of unrestricted or creative ijtihad are abundant in Islamic history. One notable example is the Treaty of Hudaybiyyah during the Madinan period. At the time of this treaty, the external conditions seemed entirely unfavourable for the Muslims, as the ten-year non-aggression pact was agreed upon unconditionally on the opponents’ terms. Accepting this treaty was extremely challenging for the Companions; so much so that Umar ibn al-Khattab referred to it as a humiliation (Sahih al-Bukhari, Hadith No. 3182).
The true nature of this event can be understood from the Quranic verse: “God knew what you did not” (48:27). While the visible aspects appeared disadvantageous, hidden factors were at play. Guided by divine wisdom, the Prophet established this treaty based on these unseen realities.
An external aspect of the Hudaybiyyah treaty was that it was conducted under the unilateral conditions set by the opponents of the Muslims. However, beneath this lay the deeper reality: the state of war had previously halted interactions between Muslims and others in a normal environment. A no-war pact would allow people from both sides to meet freely and engage in dialogue. This process would naturally lead to the virtues of Islam becoming evident, fulfilling the Quranic description: “people entering God’s religion in multitudes” (110:2).
This is exactly what happened. At the time of the Hudaybiyyah treaty, the Muslim population numbered fewer than 1,500. However, within two years of peaceful conditions, their numbers grew to 10,000. This remarkable increase in strength, achieved without a single battle, enabled Muslims to gain dominance through their sheer numerical presence.
A similar event occurred in the 13th century when the Mongols, a warlike and militarily powerful force, invaded the Muslim world. Their campaigns devastated Muslim cities from Samarkand to Aleppo and brought an end to the Abbasid Caliphate. The severity of the situation was such that Muslims would say, “If you hear that the Tartars have been defeated, do not believe it” (Al-Kamil fi at-Tarikh by Ibn al-Athir al-Jazari, vol. 10, p. 353).
This was the external reality. However, beneath the surface lay another truth: while the Mongols wielded military might, they lacked a cohesive ideology or worldview. Through their interactions with Muslims, the Mongols were exposed to the ideology of Islam. Unable to counter its intellectual and spiritual appeal, many of them accepted the teachings of Islam. This significant development was aptly summarized by the Orientalist Philip K. Hitti: “The religion of the Muslims had conquered where their arms had failed” (History of the Arabs, P. K. Hitti, 1989, p. 488).
Consider a later period. The first clear example in this context is that of Shah Waliullah Dehlawi. During his time, the Mughal Empire in India had weakened and appeared to be on the verge of collapse. Shah Waliullah dedicated his efforts to stabilizing the Muslim empire. He urged the Muslim rulers of his era to take up arms and fight their enemies to defeat them. (Al-Tafhimat al-Ilahiyyah by Shah Waliullah, 1936, Vol. 1, pp. 215-216). He also encouraged Ahmad Shah Abdali, the ruler of Kabul, to invade India to diminish the power of the Sikhs and Marathas, thereby securing the Mughal Empire.
However, Shah Waliullah’s approach reflects a focus on immediate and apparent circumstances. He was entirely unaware of the new global wave that was emerging—what I refer to as the era of democracy. Shah Waliullah believed himself to be Qayem-uz-Zaman (the reviver of the era). (Fuyooz ul Haramain by Shah Waliullah, p. 111), However, his entire thought process operated within the framework of a bygone monarchy. He did not grasp the significance of the coming democratic age, where the principle of popular sovereignty would dominate, bringing with it the critical issue of majority versus minority.
Had Shah Waliullah understood the direction of these changing times, he might have concentrated his efforts on the front of dawah. The essence of dawah was that even if the Mughal Empire were to fall, Muslims could still maintain a strong, influential position. Unfortunately, Shah Waliullah failed to recognize the transformative importance of dawah. His renowned book Hujjatullah al-Baligha covers numerous subjects but does not include a chapter on dawah.
Now, consider the example of Syed Jamaluddin Afghani (d. 1897). During his time, the British and French had established near-total political dominance over the Muslim world. Syed Jamaluddin Afghani devoted his life to ending this political subjugation. His slogan was, “The East for the Easterners” (Al-Sharq lil-Sharqiyin). Superficially, it may appear that the political dominance of Western nations has ended, as around sixty independent Muslim countries have since emerged on the world map. However, in reality, the situation remains largely unchanged, with Muslim nations still compelled to live under Western supremacy.
This is because Syed Jamaluddin Afghani addressed only the surface-level aspects of the situation, overlooking the deeper realities. He viewed British and French dominance as purely political, overlooking the foundational issue: Western nations had achieved remarkable advancements in knowledge, science, and technology, outpacing Muslims. With his traditional political perspective, Syed Jamaluddin Afghani was unable to grasp these deeper dimensions of the problem.
Had Syed Jamaluddin Afghani recognized the critical importance of intellectual and scientific progress in the modern era, he might have dismissed external dominance as a temporary concern. Instead, he could have focused his efforts on advancing Muslim intellectual development to match that of the West. By prioritizing intellectual jihad over futile political struggles and guiding his followers toward this path, the history of Muslim nations could have taken a very different path.
These examples illustrate that the aforementioned five qualifications are indeed sufficient for restricted ijtihad. However, for unrestricted ijtihad, an additional qualification is indispensable: a profound understanding of contemporary circumstances and emerging realities. Without this additional insight, any attempt at ijtihad will ultimately prove fruitless and fail to provide meaningful guidance to the community.
