Ijtihād in Islamic terminology means exerting one’s utmost scholarly effort to derive legal rulings from the recognized sources of Islamic law. It is considered one of the key elements that ensures the dynamism and adaptability of Islamic jurisprudence across all schools, although differences exist in its scope, conditions, and methodology.
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1. A Shared Understanding of Ijtihād Among Islamic Schools
All Islamic schools agree that:
Ijtihād must be based on the Qur’an and the Sunnah
It applies only in cases where there is no explicit textual ruling (naṣṣ)
It requires high scholarly qualification and is not open to everyone
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2. Ijtihād in the Jaʿfarī School (Twelver Shiʿism)
In Shiʿa jurisprudence:
Ijtihād is a continuous and permanent principle
Reason (ʿaql) plays a fundamental role as a source of legal derivation
The gate of ijtihād is always open
A mujtahid must meet strict conditions, including knowledge, justice, and piety
? As a result, Shiʿa fiqh maintains strong capacity to address new and emerging issues.
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3. Ijtihād in Sunni Schools of Law
In Sunni jurisprudence:
Ijtihād was highly active in the early centuries of Islam
Each of the four Sunni schools (Ḥanafī, Mālikī, Shāfiʿī, Ḥanbalī) follows a distinct legal methodology
Tools such as qiyās (analogy), istiḥsān, and maṣāliḥ mursalah play a more prominent role in certain schools
In later periods, adherence to established schools became dominant, though ijtihād itself was never completely rejected
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4. Key Differences in Perspective
Aspect Twelver Shiʿa Sunni Schools
Status of ijtihād Permanently open Historically limited at times
Role of reason Fundamental More restricted
Taqlīd (imitation) Of a living mujtahid Mostly of a school
Flexibility High School-dependent
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5. Conclusion
Ijtihād serves as a shared mechanism for understanding and applying Islamic law across all schools. Differences do not lie in the legitimacy of ijtihād itself, but in methodological approaches and the extent to which legal tools are employed. This diversity reflects the intellectual richness of Islamic jurisprudence rather than doctrinal conflict.
