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9 Arab L.Q. 238 (1994)
The Ijtihad Controversy

handle is hein.journals/arablq9 and id is 248 raw text is: THE IJTIHAD CONTROVERSY Shaista P. Ali-Karamali* and Fiona Dunne* INTRODUCTION The theory of ijtihad and the controversial discussions regarding whether, when, and by whom, it should be exercised have been raging for centuries. This article examines the controversy and attempts to trace some of the trends and patterns therein, particularly from the late eighteenth century to the present day. The first part discusses the definition of ijtihad and how confusion regarding the exact meaning of ijtihad, as well as terms relating to it, may have contributed to the controversy. The second part examines whether or not the gate of ijtihad actually closed-that is, whether ijtihad was ever actually prohibited from being exercised. This part is divided into three sections, which in turn discuss: (1) the writings of those scholars who opine that ijtihad was never prohibited; (2) the writings of those scholars who opine that ijtihad was never prohibited; and (3) the writings of those scholars whose opinions fall somewhere in between the first two extremes. Finally, there is an attempt to glean trends and patterns from the body of work examined and to suggest some theories which may apply to and possibly even explain this controversy. THE DEFINITION OF IJTIHAD Ijtihad is defined literally as striving, exerting and, in the jurisprudential sense, the capacity for making deductions in matters of law in cases to which no express text or rule already determined by Ijma (consensus) is applicable.' However, it has also been described as a rethinking'2 or, most commonly, as independent reasoning. Rudolph Peters defines ijtihad as exerting one's effort in order to *Dr Ali-Karamali received her bachelor's degree in English literature from Stanford University, her doctor of jurisprudence from the University of California at Davis, and her master of laws in Islamic Law from the School of Oriental and African Studies at the University of London. She currently resides in California. **Fiona Dunne is a native of Ireland and a graduate of Trinity College. She is currently pursuing a masters degree from the School of Oriental and African Studies at the University of London. 1 Rahim, Abdul, The Principles of Muhammadan Jurisprudence According to the Hanafi, Maliki, Shafi'i and Hanbali Schools (Madras, 1911) (hereafter Rahim), p.168-9, 173. 2 Rahman, Fazlur, Post-Formative Developments in Islam in Islamic Studies, Karachi, 1, 4 (1962) (hereafter Rahman, Post-Formative Developments), p.12. 3 See, e.g., Schacht, Joseph An Introduction to Islamic Law (1964) (hereafter Schacht), p.69.

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