Chapter 1: The Role of Ijtihad in Legislation

The terms ‘mujtahid‘ and ‘ijtihad‘ are nowadays among those which have acquired great currency, even sanctity, among the Shi’ah. One would be surprised to know that the term ijtihad was formerly, from the times of the Prophet (S) and for several successive centuries, a Sunni term. It became Shia after undergoing a change of meaning, or what would be more precise to say, the term remained specifically Sunni for several centuries and became ‘Muslim’, in the wider sense, that is, after undergoing a change of meaning and dissociating itself from its earlier particular sense. 

As to its not being a Shi’i term formerly, there is no doubt; if there is any uncertainty, it is about the date of its acceptance by the Shi’ah. It is not improbable that this term like several groups of people in the seventh century was converted to Shi’ism at the hands of the absolute Ayatullah, al-‘Allamah al-Hilli. However, as we shall presently explain, the conversion came after its undergoing a change of meaning. 

Apparently, there seems to be no doubt that this term was never used by any of the Imams of the Ahl al-Bayt (A). The terms ijtihad and mujtahid, in the sense in which they are used by Shi’ah and Sunni fuqaha’, have not been used in any of their ahadith. Neither they themselves were ever known by the epithet ‘mujtahid‘ nor did they ever use it for the scholars and legists from among their companions. Otherwise the root relating to such terms as fatwa and ifta, which convey approximately the modern sense of ijtihad, and its derivatives do occur in the ahadith. For instance, al-‘Imam al-Baqir (A) is reported to have said to Aban ibn Taghlib: 

“Sit in the mosque of al-Madinah and give fatwas for the people. Indeed I love more like you to be seen amongst my Shi’ah.”

And in a famous hadith, al-‘Imam al-Sadiq (A) is reported to have said to ‘Unwan al-Basri: 

 “Avoid giving fatwa in the way you would run away from a lion; do not make your neck a bridge for the people.”

The reason for the former unpopularity of the word is that during the early centuries of the Islamic era – that is also the period in which the Imams of the Ahl al-Bayt (A) lived – the word, due to the specific meaning it carried, was not acceptable to the Imams (A). Naturally, it could not have played any role in their teachings. However, after undergoing a gradual change of meaning, when it came to be used in a different sense by Sunni fuqaha’ themselves, it was also adopted by Shi’ite fiqh. Now we shall briefly describe the background of the Sunni usage of this term.

Martyr Murtada Mutahhari 

Translated from the Persian by Mahliqa Qara’i 

Vol IV No. 2