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Abdulla Galadari
Masdar Institute of Science and Technology, Abu Dhabi, United Arab Emirates,
Al-Maktoum College of Higher Education, Dundee, Scotland
aigaladari@gmail.com
Abstract
Ijtihād has been extremely important throughout Islamic history and seen as such by
many Muslim scholars, both Sunni and Shiʿi, in early, medieval, and contemporary
Islam. However, the phenomenon of ijtihad, in both traditional and contemporary
Islam, is restricted to a set of rules that were outlined by earlier mujtahids. This poses a
challenge in Qurʾanic hermeneutics as to whether contemporary mujtahids are per-
forming ijtihād or merely imitating (taqlīd) the method of ijtihād. The purpose of this
study is to investigate the following question: is ijtihād in the Qurʾanic Sciences today
merely an imitation (taqlīd) of ijtihād? The paper opens with defining imitation
(taqlīd) according to classical Muslim scholars, starting with the arguments that
accepts imitation in Islam and then compares it with various scholars’ stances on
ijtihād. The paper employs arguments from the Qurʾan, prophetic tradition (ḥadīth),
and acts of the Companions (ṣaḥābah) that are typically used by Muslim scholars to
argue in favor of ijtihād over imitation (taqlīd). It compares the stance of both Sunni
and Shiʿi scholars on the roles of both mujtahids and sources of jurisprudence (marājiʿ)
and muftīs. It shows that, in Qurʾanic Sciences, although the role of ijtihād is highly
recommended, it continues to be part of a larger paradox, in which ijtihād may only be
performed through a set of rules outlined by early scholars. This brings us to a paradox
that to be a mujtahid, one needs to imitate (taqlīd) rules outlined by earlier mujtahids,
which poses the challenging question on whether scholars today are truly performing
ijtihād, or simply taqlīd al-ijtihād.
Keywords
1 Introduction
Modern Muslim scholars typically look at Western scholars of the Qurʾan with
suspicion, while Western scholars of the Qurʾan tend to be skeptical about the
traditional ideas surrounding the sources and interpretation of the Qurʾan.
While Muslim scholars tend to interpret the Qurʾan through a set system of
criteria as outlined by the Qurʾanic sciences, Western scholars remove them-
selves from the chains of a specific methodology for the interpretation of the
Qurʾan and are instead more open to all kinds of methods. In other words,
Western scholars attempt to perform ijtihād using their own methods that
Muslims would find unconventional. The question is, what is conventional
and what is unconventional when it comes to Qurʾanic hermeneutics? Are
Muslims attempting to carry out ijtihād in their interpretations of the Qurʾan
or are they simply imitating the method of ijtihād (taqlīd al-ijtihād) that was
outlined by previous scholars (mujtahidīn) who provided the bases of the
Qurʾanic sciences? In this paper, ijtihād is not restricted to the definition of
extracting rulings from the Qurʾan (takhrij), but a more general method of
Qurʾanic interpretation.
Many scholars of Qurʾanic Studies, such as Angelika Neuwirth, use
Muḥammad’s biographies (sīra) in an attempt to interpret the Qurʾan, a method
that classical exegetes followed.1 Gabriel Reynolds convincingly suggests that
the sīra is just exegesis in disguise, a later extrapolation through storytelling,
an attempt to contextualize the Qurʾan and provide it with meaning,2 and sug-
gests that it is more appropriate to understand the Qurʾan through Biblical
literature.3 John Wansbrough revolutionized Qurʾanic studies by releasing it
from the shackles of historical contexts as presented by Muḥammad’s biogra-
phies or related by classical exegetes (mufassirūn).4 Taken together, this does
not necessarily say that post-Qurʾanic literature does not contain facts, but
that we should not take them for granted in every detail, as they may con-
tain more opinions than facts. Notably, classical exegetes (mufassirūn) such
1 See Angelika Neuwirth, “Qurʾan and History – A Disputed Relationship: Some Reflections on
Qurʾanic History and History in the Qurʾan,” Journal of Qurʾanic Studies 5 (2003): 1-18. Also see
Angelika Neuwirth, “Structure and the Emergence of Community,” in Andrew Rippin (ed.),
The Blackwell Companion to the Qurʾan (Malden, MA: Blackwell Publishing, 2006), 140-58.
2 Gabriel S. Reynolds, The Qurʾān and Its Biblical Subtext, (Abingdon, UK: Routledge, 2011),
17-19.
3 Reynolds, The Qurʾān and Its Biblical Subtext, 36.
4 John Wansbrough, Qurʾanic Studies: Sources and Methods of Scriptural Interpretation
(Amherst, NY: Prometheus Books, 2004).
as al-Ṭabari (d. 923), al-Rāzī (d. 1209), and Ibn Kathīr (d. 1373), among many
others, gave various possible meanings and background stories for many parts
of the Qurʾan, suggesting that these narratives were more opinions than solid
facts of the actual meaning of any specific Qurʾanic passages.
The field of Qurʾanic studies has seen various theories on the authorship
of the Qurʾan. Some scholars attempt to make historical assumptions about
possible Jewish or Christian influences on the authorship of the Qurʾan,
while neglecting the literary analysis of the Qurʾanic discourse in its attempt
to interpret the Bible. Undoubtedly, Abraham Geiger (d. 1874) revolutionized
Islamic studies by showing how Muḥammad, who according to Geiger was a
pious religious man, borrowed much from Judaism to shape the community
of his believers.5 This not only started a new movement in the field of Islamic
Studies, but also a movement that viewed Muḥammad’s borrowing from other
sources. William St. Clair Tisdall (d. 1928) considered pagan myths as possible
sources for Muḥammad, who, he believed, borrowed their stories.6 Charles
Torrey, in The Jewish Foundation of Islam, tried to highlight the borrowings
that Muḥammad had made from the Jews.7 These are but a few examples of
the borrowing movement. However, the Qurʾan is not a mere borrowing from
other sources that was etched together to make a book that becomes a cen-
tral point of the making of a nation; instead the Qurʾan’s authorship seems far
more sophisticated than a simple borrowings as the text appears to be fully
engaging with the religions and faiths that surrounded it. In many ways, the
Qurʾan is actually attempting to interpret the Bible, as it so declares itself when
it states, “Verily this Qurʾan does explain to the Children of Israel most of the
matters in which they disagree” (Qurʾan 27:76). The Qurʾan is thus part of the
reception to the Bible, demonstrated by the fact that this verse makes a direct
claim that the book is fully engaging with the faith that is surrounding it, i.e.
Christianity.
I will suggest that although the Qurʾanic Sciences have been studied for many
centuries, a different approach to Qurʾanic exegesis is necessary, although I am
5 Abraham Geiger, Judaism and Islam: A Prize Essay (London: Forgotten Books, 2012).
6 William Tisdall, The Original Sources of the Qurʾan: Its Origin in Pagan Legends and Mythology
(Alev Books, 2014).
7 Charles C. Torrey, The Jewish Foundation of Islam (New York: Ktav Publishing House, 1967).
not at all suggesting that the current methods currently utilized by Qurʾanic
Sciences are incorrect.
The Qurʾan has been studied in detail from the beginnings of Islam until
the modern day. There are various perspectives in the study of the Qurʾan,
which have been developed through the lenses of multiple traditions. A
whole array of studies, known as Qurʾanic Sciences, has been developed and
employed throughout the history of Islam in an attempt to provide a system-
atic methodology of interpretation. Early Christian polemicists often argued
that there were Jewish or Christian sources to the Qurʾan.8 Orientalists have
studied the Qurʾan in an attempt to gain a scholarly understanding of its ori-
gins from and roots in Judeo-Christian traditions. Within Qurʾanic Sciences
developed by early scholars, there developed a systematic set of methodolo-
gies for understanding the Qurʾan through a process known as ijtihād, which is
an umbrella term that encompasses Islamic Studies more widely, and not only
Qurʾanic Sciences.9
According to traditional Islamic Studies, a scholar (mujtahid) needs to
be qualified to perform Qurʾanic interpretation and to extract rulings from
it. A mujtahid needs to be competent in understanding the Arabic vocabu-
lary, terminology, literature, and philology in order to distinguish the differ-
ent morphologies of the same word (al-ashbāh wa-l-naẓāʾir), circumstances
of Qurʾanic revelation (asbāb al-nuzūl), abrogating (nāsikh) and abrogated
(mansūkh) verses, general (ʿām) and specific (khāṣ) verses, comprehensive
(mujmal) and explicit (mubayyan) verses, along with clear (muḥkam) and
vague (mutashābih) verses. Besides the Qurʾanic Sciences, an exegete also
needs to possess sufficient knowledge of prophetic tradition or the sciences
of ḥadīth (ʿilm al-ḥadīth), including understanding the chains of narration
(isnād) and content (matn). A mujtahid also needs to have adequate knowl-
edge of various sources based on consensus (ijmāʿ), particularization (takhṣīṣ),
and restriction (taqyīd) of legal rulings, and proper methods of extracting rul-
ings from the evidence (takhrīj). It should be obvious that becoming a mujta-
hid is not an easy endeavor, and perhaps that is the reason it is called a struggle
(ijtihād). Even in Twelver Shiʿi Uṣūlī thought, to be a mujtahid a person must
8 Such as the Apology of al-Kindī. The work shows two pseudonymous individuals, ʿAbdul-
Masīḥ ibn Isḥāq al-Kindī, a Christian polemic exchanging letters with ʿAbdullah ibn Ismaʿīl
al-Hāshimī. Al-Hāshimī invites al-Kindī to become a Muslim, while the latter invites the for-
mer to become a Christian.
9 Ijtihād is the endeavor of a Muslim scholar to derive rules, theology, exegesis, etc.
possess knowledge of Qurʾan, ḥadīth, Arabic language and grammar, logic, the-
ology, and rational reasoning.10
In this paper, I attempt to construct a different perspective of Qurʾanic exe-
gesis. I argue that although the majority of Muslim scholars, past and present,
favour ijtihād over imitation (taqlīd), there is unfortunately a paradox that is
created. If to perform ijtihād one needs to adhere to certain rules that were
developed by previous scholars, then are we actually performing ijtihad, or are
we merely imitating the method of ijtihād (taqlīd al-ijtihād)? This argument is
the premise for introducing different methodologies for Qurʾanic interpreta-
tion, while not necessarily refuting the current established methods.
I argue that although the methods of Qurʾanic exegesis seem to be com-
prehensive and exhaustive, they are not necessarily Qurʾanic. By this, I mean
that the Qurʾan does not necessarily state that there are certain qualifications
required for people to understand it. It does, on the other hand, relate that
God teaches the Qurʾan (e.g. Qurʾan 55:2) and that the Arabic language is cen-
tral to the Qurʾan (e.g. Qurʾan 12:2, 13:37, 16:103, 20:113, 26:195, 39:28, 41:3, 41:44,
42:7, 43:3, 46:12). Linguistics, philology, and semantics are the major points that
seem to be sanctioned by the Qurʾan itself as keys to its own understanding. As
such, I emphasize understanding semantics and the nature of polysemy in the
Arabic language to further interpret the Qurʾan, without necessarily resorting
to other methods of exegesis, such as the circumstances of revelation (asbāb
al-nuzūl) or exegesis based on the reports of early companions or later indi-
viduals, known as tafsīr bi-l-maʾthūr. I am in no way suggesting, however, that
other methods of Qurʾanic exegesis are unfounded, as if one needs to study
Islamic history, then a historical understanding of the Qurʾan, such as the cir-
cumstances of revelation (asbāb al-nuzūl), internal chronology, and transmis-
sion history would be imperative.
10 Al-Samāhijī (d. 1723), Munyat al-Mumārisīn, cited in Andrew J. Newman, “The Nature of
the Akhbārī Uṣūlī Dispute in Late Ṣafavid Iran. Part 1: ʿAbdallah al-Samāhijī’s ‘Munyat
al-Mumārisīn’,” Bulletin of the School of Oriental and African Studies 55 (1992), 27 and 33.
11 For more on the role of precedent in secular law, see D.N. MacCormick and R.S. Summers
(eds.). Interpreting Precedents: A Comparative Study (Aldershot, UK: Dartmouth Publishing
Co, 1997). See also R. Lupu, “Sources of Law – Judicial Precedent,” Contemporary Readings
in Law and Social Justice 5 (2013): 375-81 and J.J. Eisenhower, “Four Theories of Precedent
and Its Role in Judicial Decisions,” Temple Law Review 61 (1988): 871-78.
12 Ṣaḥīḥ al-Bukhārī, ed. Muḥammad al-Nāṣir (Riyadh: Dār Ṭawq al-Najāh, 2002), 1: 128 (#631).
13 Ṣaḥīḥ al-Bukhārī, 2: 173 (#1721), 2: 173 (#1722), 2: 173 (#1723), 2: 175 (#1734), 2: 175 (#1735), 8:
135 (#6666).
14 Ibn Waḍḍāḥ (d. 900), al-Bidaʿ wa-l-nahy ʿanha, ed. ʿAmro ʿAbdul-Munʿim Salim (Cairo:
Maktabat Ibn Taymiyyah, 1996).
15 Ṭ.J. al-ʿAlwānī, “Taqlid and the Stagnation of the Muslim Mind,” The American Journal of
Islamic Social Sciences 8 (1991): 513-24.
against imitation is also used by Manṣūr al-Bahūti (d. 1641), where he states
that at some points the Qurʾan forbids imitation.16
Al-Bāqillāni (d. 1013) argues that the imitation of one scholar by another is
not allowed.17 He gives as an example the case of the first two caliphs, Abu Bakr
and ʿUmar; neither imitated the other, but both resorted to ijtihād.18 However,
it seems evident from the opinions of early scholars that among this group
ijtihād is important, while the general masses are to imitate those scholars. Ibn
Ḥazm (d. 1064) cites al-Shāfiʿī’s (d. 820) opposition to imitation, considering
it forbidden by early scholars of Islam. Al-Baghdādī (d. 1071) does not permit
taqlīd in the sources (uṣūl), but allows it in the branches ( furūʿ), as he says that
it is not reasonable for a person to be fully knowledgeable in the branches of
religion ( furūʿ al-dīn).19 The general consensus of both Sunni and Shiʿi jurists
is that a layperson who is imitating (muqallid) a jurist must be knowledgeable
in the fundamentals of belief (uṣūl al-dīn).20 Imām al-Ḥaramayn, al-Juwayni
(d. 1085), defined the imitator as someone who simply imitates without hav-
ing knowledge of the evidence behind it. Such type of imitation is, he states,
not permissible.21 He also reports that taqlīd in branches of religion ( furūʿ
al-dīn) depends on whether or not the scholar is imitating someone who is
more knowledgeable than he himself is,22 and reports that al-Shāfiʿī did not
allow one scholar to imitate (taqlīd) another.23 Abu al-Muẓaffar al-Samʿānī
(d. 1096) also agrees with al-Juwayni’s understanding of the impermissibility
of imitation.24
Moving along the same lines of Imām al-Shāfiʿī and prominent Shāfiʿī schol-
ars, al-Ghazālī (d. 1111) also did not permit one scholar to imitate another.25
16 Manṣūr al-Bahūti (d. 1641) Kashshāf al-qināʿ ʿan matn al-iqnāʿ, ed. M.A. al-Ḍinnāwī,
(Beirut: Dār al-kutub al-ʿilmiyyah, n.d.), 6: 306-7.
17 Al-Bāqillāni (d. 1013), Tamhīd al-awāʾil fī Takhlīṣ al-Dalāʾil, ed. I.A. Ḥaydar, (Beirut:
Muʾassassat al-kutub al-thaqāfiyya, 1987), 515-6.
18 Ibid.
19 Al-Baghdādī (d. 1071), Al-Faqīh wa-l-mutafaqqih, ed. A. al-Gharāzī, (Dammam: Dār Ibn
al-Jawzī lil-nashr wa-l-tawzīʿ, 2001), 2: 131.
20 L. Clarke, “The Shīʿī Construction of Taqlīd,” Journal of Islamic Studies 12 (2001), 40-64.
21 Al-Juwayni (d. 1085), al-Ijtihād – from Kitāb al-talkhīṣ, ed. A. Abu Zanīd (Damascus: Dār
al-qalam, 1988), 95-105. Also see the main book, al-Juwayni, Kitāb al-talkhīṣ fī uṣūl al-fiqh,
ed. A.J. al-Nibāli and B.A. al-ʿAmri (Beirut: Dār al-bashāʾir al-Islāmiyyah), 3: 424-56.
22 Ibid., 105-21.
23 Ibid., 108
24 Abu al-Muẓaffar al-Samʿāni (d. 1096), Qawāṭiʿ al-adillah fi-l-uṣūl, ed. M.H. al-Shafiʿi (Beirut:
Dār al-kutub al-ʿilmiyyah, 1999), 2: 340-5.
25 Al-Ghazālī (d. 1111), al-Mustaṣfa (Beirut: Dār al-kutub al-ʿilmiyyah, 1993), 368-72.
He allows imitation for the general public, as long as the things imitated are
dependent on the verifiable evidence of a scholar (mujtahid), an approach
similar to al-Juwayni’s.26 According to al-Ghazālī, any member of the general
population who does not have the knowledge to perform ijtihād is permitted to
imitate a scholar, as long as the matter being imitated (tuqallad) includes evi-
dence and argument based on the opinions of Imām al-Shāfiʿī and his school’s
scholars.27 Many scholars have argued such a\\gainst imitation in Islamic
jurisprudence. Al-Ghazālī had the concept of not believing in something just
because of what others do or say, which is known as imitation, in favor of a
logical rationale known as ʿaql.28 He even specifically argues against the imita-
tion of parents and teachers in his al-Munqidh min al-ḍalāl.29 In al-Mankhūl,
al-Ghazālī states that knowledge from narrations (samʿiyyāt) is the final kind
of knowledge, and equated it with imitation.30
Al-Rāzī agrees with al-Juwayni’s arguments against imitation (taqlīd).31 Ibn
Qudāma al-Maqdisi (d. 1223), in his refutation of philosophers, stated that the
general public is not expected to perform ijtihād, but is instead expected to imi-
tate the scholars.32 In one of his arguments, he suggests that imitation (taqlīd)
is sanctioned by the Qurʾan: “. . . ask the people of the remembrance, if you
know not” (Qurʾan 16:43, 21:7).33 This Qurʾanic passage is prominent among
traditional and contemporary scholars who also argue the same.34 However,
there is a paradox while using this verse to affirm imitation (taqlīd) of scholars.
In its context, this verse is describing the people of remembrance (ahl al-dhikr)
as a reference to the People of the Book.35 I doubt that Muslim scholars would
therefore infer from this verse that they are to imitate (taqlīd) the People of the
Book, although the context refers to them. If the apparent interpretation of
this verse does not suggest the imitation of anyone, I wonder why it continues
to be used to suggest Muslim scholars should be imitated.
A movement against imitation is not a contemporary issue within Islam.
In the past, conservative Islamic scholars, such as Ibn Taymiyya (d. 1328) and
Ibn al-Qayyim (d. 1350), argued against imitation, considering it to be unau-
thorized and harmful.36 Like Ibn Ḥazm and al-Ghazālī, Jalāl al-Dīn al-Suyūṭi
(d. 1505) also cites al-Shāfiʿī’s stance against imitation.
Although Muḥammad ibn ʿAbdulwahhāb (d. 1792), founder of the Salafi
movement, preferred ijtihād to imitation, he still allowed those who cannot
otherwise perform ijtihād themselves to resort to imitation, as long as there is a
mujtahid available.37 He is, nonetheless, adamant that imitation is not at all pref-
erable, and not permissible for those who can do ijtihād. However, from a Salafi
35 Al-Ṭabari (d. 923), Jāmiʿ al-bayān fī taʾwīl al-Qurʾān, ed. Aḥmad Shākir (Damascus:
Muʾassassat al-risāla, 2000), (Qurʾān 16:43), 17: 206-7; al-Zamakhshari (d. 1144), al-Kashshāf
ʿan ḥaqāʾiq ghawāmiḍ al-tanzīl (Beirut: Dār al-kitāb al-ʿarabi, 1987), 2: 607-8; al-Qurṭubi
(d. 1273), al-Jāmiʿ li-Aḥkām al-Qurʾān (Cairo: Dār al-kutub al-miṣriyya, 1964), 10: 108. Ibn
Kathīr (d. 1373) suggests the possibility that al-dhikr could be interpreted as People of the
Book, as suggest by Ibn ʿAbbās (d. 687), or interpreted as people of the Qurʾan. It must be
noted that Ibn Kathīr is somewhat biased against using Israelite traditions (isrāʾīliyyāt) in
his exegetical works, and perhaps as such attempts to reduce the importance of under-
standing this verse as a reference to the People of the Book; see Ibn Kathir, Tafsīr al-Qurʾān
al-ʿaẓīm, ed. M.H. Shams-ul-Dīn (Beirut: Dār al-kutub al-ʿilmiyya, 1999), 4: 492. Ibn Kathīr
also implies that Abu Jaʾfar (Imām al-Bāqir, the fifth Imam of Shiʿi Islam) suggested that
the household of the Prophet (ahl al-Bayt) are the ahl al-dhikr. This is also related by the
Shiʿi Qurʾanic exegete al-Ṭabarsi (d. 1153), in Majmaʿ al-bayān li-ʿulūm al-Qurʾān (Beirut:
Muʾassassat al-aʿlami lil-maṭbūʿāt, 1995), 6: 158-9. Another Shiʿi discussion in which ahl
al-dhikr is taken to be a reference to ahl al-Bayt, as claimed by Imām al-Bāqir, is found in
Nāṣir Makārim al-Shīrāzī, al-Amthal fī tafsīr kitāb Allāh al-munazzal (Madrasat al-Imām
Amīr al-Muʾminīn), 8: 199-201.
36 S.W. Akhtar, “The Islamic Concept of Knowledge,” al-Tawhid 12/3 (1991), (online: http://
www.al-islam.org/printpdf/book/export/html/22999, accessed 24 Sept. 2015).
37 Muḥammad ibn ʿAbdulwahhāb (d. 1792), Uṣūl al-Īmān, ed. B. al-Jawābreh (Riyadh:
Ministry of Islamic Affairs, 2000), 139. He states that ijtihād is a conditional obligation
( farḍ kifāyah); as long some are doing ijtihād then the remaining public, who cannot
learn and verify for themselves, do not need to. This concept is also similar to that stated
by Abu al-Ḥasan al-Māwardi (d. 1058) in his commentary to Imām al-Shāfiʿī in al-Ḥāwī
al-kabīr fī fiqh madhhab al-Imām al-Shāfiʿī, ed. A.M. Muʿawwaḍ and A.A. ʿAbdul-Mawjūd
(Beirut: Dār al-kutub al-ʿilmiyya, 1999), 1: 20.
point of view, there is greater tendency to limit the scholarly process (ijtihād)
and reason (ʿaql) in favor of adherence to the text and transmitted tradition
(naql) or, in other words, imitation.38 Although Ibn Taymiyya and Muḥammad
ibn ʿAbdulwahhāb both favored ijtihād over taqlīd, in Salafi ideology the doors
of ijtihād remain open only to jurists who meet demanding requirements.39
Muḥammad Ṣāliḥ al-ʿUthaymīn (d. 2001),40 a prominent recent Saudi scholar,
conceptualized the qualifications he believed a scholar must possess. In his
idea, the qualifications for a mujtahid must include Qurʾanic sciences (ʿulūm
al-Qurʾan) and knowledge of prophetic tradition or ʿilm al-ḥadīth. Al-Atawneh
argues that this qualification in today’s Salafi’s ideology differs from that por-
trayed by Ibn Taymiyya, who encouraged ijtihād of the laymen.41 Al-Shawkāni
(d. 1834), a strong opponent of imitation, also narrates earlier scholars’ stance
on imitation, showing that the majority have preferred ijtihād.42
During the reformation period of Islamic thought in the nineteenth and
twentieth centuries there was a resurgence of many Islamic scholars calling
for the abandonment of imitation. This ideology was heavily influenced by
Jamāl al-Dīn al-Afghānī’s (d. 1897) reformation.43 Abu Zayd gives examples
of the reformation process that took place during that period,44 stating that
the ideology of Muḥammad ʿAbduh (d. 1905), who was himself a student of
al-Afghānī, inspired the publication of the journal al-Manār, along with other
reformist journals, such as al-Imām and al-Munīr, which emphasized the need
to reinterpret the Qurʾan and sunna and purify it from the taint of imitation.45
38 M. al-Atawneh, “Wahhābī Legal Theory as Reflected in Modern Official Saudi Fatwās:
Ijtihād, Taqlīd, Sources, and Methodologies,” Islamic Law and Society 18 (2011): 327-55.
39 W. Hallaq, “Was the Gate of Ijtihad Closed?” International Journal of Middle East Studies 16
(1984): 3-41.
40 Muḥammad S. al-ʿUthaymīn, al-Uṣūl min ʿilm al-uṣūl. (Cairo: al-Maktaba al-Islāmiyya,
2001), 97-104.
41 Al-Atawneh, “Wahhābī Legal Theory”.
42 Al-Shawkāni (d. 1834), Irshād al-fuḥūl ila taḥqīq al-ḥaqq min ʿilm al-uṣūl, ed. A. ʿInāyah
(Beirut: Dār al-kitāb al-ʿarabi, 1999), 2: 243-6; al-Shawkāni, al-Qawl al-mufīd fī adillat
al-ijtihād wa-l-taqlīd, ed. A. ʿAbdul-Khāliq (Kuwait: Dār al-Qalam, 1976); al-Shawkāni,
Al-sayl al-jirār al-mutadaffiq ʿala hadāʾiq al-azhār (Beirut: Dār Ibn Ḥazm, n.d.).
43 C.J. Christie, Ideology and Revolution in Southeast Asia 1900-75 (Surrey: Curzon Press, 2001),
11-12.
44 Naṣr Abu Zayd. Reformation of Islamic Thought: A Critical Historical Analysis. (Amsterdam:
Amsterdam University Press, 2006), 41-2.
45 A. Al-ʿAjlān. Ḥarakat al-tajdīd wa-l-iṣlāḥ fī Najd fi-l-ʿaṣr al-ḥadīth (Riyadh: unknown pub-
lisher, 1989), 173.
46 For more information on the history of the institution of marjaʿiyyat al-taqlīd and wilāyat
al-faqīh see A.K. Moussavi, “The Establishment of the Position of Marjaʿiyyat-i Taqlid in
the Twelver-Shiʿi Community,” Iranian Studies 18 (1985), 35-51.
47 Al-Samāhijī, Munyat al-mumārisīn, cited in Newman, “The Nature of the Akhbārī Uṣūlī
Dispute”, 25 and 29.
48 Ibid., 26.
Imāms would find a more assured ruling that does not follow any conjecture.49
Although there might be similarities between Akhbārīs and Salafism, they do
differ on the issue of ijtihād, as Salafis do not denounce it, as has been shown.
Nonetheless, even in Uṣūlī jurisprudence, where a greater weight is laid on
rational reasoning (ʿaql), the concept of taqlīd of the mujtahids by laypeople
is emphasized.
Reda makes various arguments in favor of imitation, as it allows for more
consistency in society.50 He states that the role of jurists is important, espe-
cially in interpreting scriptures. He then argues that everyone needs to be a
jurist (mujtahid), but since this is not realistic, the jurists are doing the job of
an unwilling majority in society, who would prefer to imitate those who they
believe are more specialized in jurisprudence. Although jurists are fallible, fol-
lowers would still find that the likelihood of jurists’ errors is far less than the
likelihood of their own potential errors. Therefore, it is more probable that they
will be right if they simply imitate a jurist (marjiʿ). Interestingly, Reda looks at
it from an economic point of view, wherein there are many jurists engaged in a
popularity contest in order to collect tithes, known as sahm al-imām or khums,
from their followers. This raises the question of whether they are providing the
best religious interpretation or they are interpreting to appease the majority in
order to gain more followers, and therefore, more popularity and tithe collec-
tions? This is a case that Floor has reported in the practice of jurists during the
Persian Qajar era.51
Khomeini (d. 1989) wrote at length on the topic of ijtihād, where he goes
into detail of when imitation taqlīd is permissible and when it is not, as well as
including his opinions on the qualifications required by a scholar.52 It is appar-
ent from both Sunnī and Shīʿī discourses on the matter that the preference is
always on ijtihād over taqlīd, or interpretation over imitation, while a scholar is
not himself allowed to be an imitator.53 Also, in both schools of jurisprudence,
although ijtihād is preferred, it is not without specific qualifications.
Imitation is also a standard that many jurists use as a criterion for the law
and its interpretation.54 Although using an unconventional method, al-ʿAlwani
has firmly campaigned against the method of imitation in Islam in an attempt
to show that although it was initially used to protect Islam from innovation
(bidʿa), its method and technique is arguably in itself an innovation (bidʿa).55
In al-Ṭabari’s commentary on the Qurʾan for the verse, “And they have taken
their teachers of the law and priests as their lords . . .” (Qurʾan 9:31), he pres-
ents a case in which Muḥammad argues with a Christian convert to Islam,
ʿAdī ibn Ḥātim, about what it means to say that the Jews and Christians wor-
ship their teachers of the law and their priests. ʿAdī argues the following with
Muḥammad.
From the above prophetic tradition (ḥadīth), it seems that Muḥammad is neg-
atively describing jurists or teachers of the law and the people who follow their
way. Followers of teachers of the law and priests may be presented today in
the Islamic context as those who follow jurists, muftīs, or marājiʿ, in which all
such cases are shown to be followers in the same manner as they were within
Judaism or Christianity, as they followed their rabbis or priests. Therefore,
the spirit of this verse may apply as much to Muslims and their acceptance
of some scholars’ verdicts as it does to the other religious traditions that this
verse criticizes, although this cannot be generalized, as the Qurʾan also some-
times attempts to not generalize its arguments against the Jews and Christians
(e.g. Qurʾan 3:113-5).
In recent years, there have been several Muslim scholars who have attempted
to reform Islamic thought by scrutinizing the Islamic method of interpretation
al-imāmiyya, ed. I. al-Bahādri (Qom: Iʿtimād, 2000), 1: 188; al-ʿĀmlī (d. 1811), Miftāḥ
al-karāma, ed. M.B. al-Khāliṣī (Qom: Muʾassassat al-nashr al-islāmī, 1999), 5: 368-83; and
al-Muẓaffar, ʿAqāʾid al-imāmiyya (Qom: Markaz al-abḥāth al-ʿaqāʾidiyyah), 14-19.
54 M. Fletcher, “Ibn Tūmart’s Teachers: The Relationship with al-Ghazālī,” al-Qantara 18
(1997), 305-30.
55 T.J. al-ʿAlwani, “Taqlid and the Stagnation of the Muslim Mind,” The American Journal of
Islamic Social Sciences 8 (1991), 513-24.
56 Al-Ṭabari, Jāmiʿ, (Qurʾan 9:31) (my translation), 14: 209-11.
57 A. Fazlur Rahman Saeed, “A Framework for Interpreting the Ethico-legal Content of the
Qurʾan,” in Modern Muslim Intellectuals and the Qurʾan, ed. Suha Taji-Farouki (Oxford:
Oxford University Press, 2003), 37-66.
58 Fazlur Rahman. Islamic Methodology in History (Karachi: Central Institute of Islamic
Research, 1965), 149.
59 For more information on various schools of Qurʾanic exegesis, see Hussein Abdul-Raof,
Schools of Qurʾanic Exegesis: Genesis and Development (Abingdon, UK: Routledge, 2010).
See also Hussein Abdul-Raof, Theological Approaches to Qurʾanic Exegesis (Abingdon, UK:
Routledge, 2012).
60 From J. Derrida, “Linguistics and Grammatology,” SubStance 4 (1974): 130.
61 S. Weber, “Saussure and the Apparition of Language: The Critical Perspective,” MLN 91
(1976): 919.
62 M. Stubbs, Words and Phrases: Corpus Studies of Lexical Semantics (Oxford: Blackwell,
2001), 10.
context. However, even when having a specific context, this does not imply that
a word cannot have multiple meanings within that context. These concepts of
understanding how to derive meaning from language and lexical semantics are
important when analyzing any piece of literature, including the Qurʾan.
not a reliable historic account, but one that which needs to be viewed as a liter-
ary discourse.66 He suggests that the circumstances of revelation were mainly
used by Muslim jurists to expound on juristic issues. Andrew Rippin attempts
to shed light on the usage of the Qurʾanic historical context as defined by
traditional scholars, where he argues that one of the fundamental usages of
the circumstances of revelation is not necessarily for juristic purposes, but is
rather connected to creating a narrative story around the Qurʾanic passages.67
Some early scholars of the Qurʾan, such as Muqātil ibn Sulaymān (d. 767),68
al-Wāḥidi (d. 1076),69 and al-Suyūṭi,70 wrote detailed accounts of the circum-
stances of revelation in their Qurʾanic exegesis, and these have provided an
understanding of the role of historic and social context in interpreting the
Qurʾan. However, anyone trying to extract historical meaning from the Qurʾan
would fall into the pitfalls of their own presuppositions. The reception of the
Qurʾan in post-Qurʾanic literature would not even provide us with an objective
understanding of the Qurʾan. As Rippin states,
73 Part of this list is based on the list published in A. Galadari, “The Role of Intertextual
Polysemy in Qurʾanic Exegesis,” International Journal on Quranic Research, 3 (2013): 35-56.
74 See al-Shahrastāni (d. 1153), al-Milal wa-l-niḥal, ed. A.M. Al-Wakīl (Cairo, Egypt: Muʾas
sassat al-Ḥalabī, 1982), 1: 70, 1: 107; the footnotes of Yaḥya ibn Abī al-Khayr al-Shafiʿī
(d. 1163), al-Intiṣār fi-l-radd ʿala al-muʿtazila al-qadariyya al-ashrār, ed. S. al-Khalaf
(Riyadh: Aḍwāʾ al-salaf, 1999), 1: 160, 2: 544, 2: 571; citation from Muqātil ibn Sulaymān
in al-Nawawī (d. 767) Juzʾ fīh dhikr iʿtiqād al-salaf fi-l-hurūf wa-l-aṣwāt, ed. A. al-Dimyāṭī
(Cairo: Maktabat al-anṣār lil-nashr wa-l-tawzīʿ), 36; Shams al-Dīn al-Safārīnī al-Ḥanbalī
(d. 1774), Lawāmiʿ al-anwār al-bahiyya wa sawāṭiʿ al-asrār al-athariyyah li-sharḥ al-durra
al-muḍiyya fī ʿaqd al-firqah al-maraḍiyya (Damascus: Muʾassassat al-khāfiqīn wa makta-
batha, 1982), 1: 136, 1: 164, 1: 167-8, and 2: 288.
75 M. al-Saḥīm, al-Islām uṣūluhu wa-mabādiʾuhu (Riyadh: Ministry of Islamic Affairs,
2001), 136.
76 The Qurʾan uses terms such as taʿqilūn, yafqahūn, yatadabbarūn, among others, many
times as a way to ask people to use reason and contemplation in an attempt to under-
stand the meanings of Godly signs and/or the Qurʾan.
77 Al-Bāqillāni, Tamhīd al-awāʾil fī takhlīṣ al-dalāʾil, 515-16.
78 The Qurʾan shows various example of sins and mistakes done by prophets, including
disobedience to God’s commandments, such as the story of Jonah (Qurʾan 21:87). Other
examples include the killing of a man by Moses (Qurʾan 28:15), Abraham declaring lords
besides God (though some exegetes consider this to be part of Abraham teaching his peo-
ple) (Qurʾan 6: 76-8), Abraham lying about not breaking the idols (though some exegetes
also consider this to have been for the purpose of teaching his people) (Qurʾan 21:62-7),
and in a prophetic tradition, Abraham lying about Sarah calling her his sister instead of
wife, similar to the story in the Torah (though Shiʿi tradition would consider this as evi-
dence of taqiyya or lying for the purpose of avoiding harm). Nonetheless, even the Qurʾan
shows examples of mistakes done by the Prophet, such as his ignoring of a blind man
(Qurʾan 80:1) or attempting to trick his wives (Qurʾan 66:1). In my opinion, if the doc-
trine of infallibility has any legal standing, then perhaps it needs to be redefined. Possibly,
prophets do err and commit sin, but that they are forgiven. In that sense they could be
considered “infallible,” not that they never sin or make mistakes.
79 See J. Burton, “Notes towards a Fresh Perspective on the Islamic Sunna,” Bulletin of the
British Society for Middle Eastern Studies 11 (1984): 3-17.
80 J. Robson, “Tradition: Investigation and Classification,” The Muslim World 41 (1951): 98-112.
c ommunity, something which was, perhaps, not even the intention of the
authors who compiled the books on these traditions.81 Robson suggests
that the traditions do not portray Muḥammad for what he truly was, but
portray how his followers perceived him.82
Like the previous point, when the reliability of tradition and its narra-
tions is brought into question, then the reliability of traditional exegesis
becomes questionable as well. However, to respond to this challenge does
not necessarily mean that we should completely dispense with tradition,
as has been done by the Qurʾanists.83 However, the consideration of pro-
phetic tradition (ḥadīth) for Qurʾanic interpretation need to be further
scrutinized.
81 J. Robson, “Tradition, the Second Foundation of Islam,” The Muslim World 41 (1951): 22-33.
82 J. Robson, “The Material of Tradition I,” The Muslim World 41 (1951): 166-80.
83 Quranists are those who hold the Qurʾan to be the only source of Islamic faith and reject
ḥadīth.
84 Abdul-Raof. Theological Approaches to Qurʾanic Exegesis, 28-9.
4 Conclusion
Throughout Islamic history, scholars give higher preference to ijtihād over imi-
tation (taqlīd). However, in order for scholars to perform ijtihād, they needed
to have certain qualifications and to adopt particular criteria in their method
of Qurʾanic exegesis. Neither these criteria nor qualifications are sanctioned by
the Qurʾan, and were instead invented by earlier scholars (mujtahidīn). As such,
following these qualifications and criteria in performing any kind of Qurʾanic
exegesis does not determine whether the scholar is making any form of ijtihād.
As such, we are living in a paradox, where in one hand there needs to be ijtihād,
but only by imitating the rules and regulations set for ijtihād. As such, we may
only conclude that there is no ijtihād, but only taqlīd al-ijtihād. Thus, Western
scholars of the Qurʾan may be seen to be more attentive in resorting to ijtihād,
rather than simply imitating ijtihād. Hence, Muslim scholars need to also
remove themselves from the shackles of inherited knowledge and exegesis and
start to look at Qurʾanic exegesis with new eyes and innovative techniques in
order to perform ijtihād, instead of simply imitating it.