Emergence of the Concept of Collective Ijtihad
Collective ijtihad, ijtihād jamāʿī, as a technical term, is not mentioned in the classical uṣūl manuals. However, the idea of collective ijtihad could be easily found in the early practice of ijtihad and ijmāʿ (as will be explained later). On the other hand, some contemporary scholars and researchers have attempted to define the term. According to them, collective ijtihad means to entrust the mission of examining and deducing rulings to a specific group of scholars, experts, and specialists, whether they undertake this mission based on absolute consultation or within a specific council where they deliberate and consult each other to reach a common opinion by unanimity or majority and issue it as a fatwa (legal verdict).
Contemporary Scholarly Definitions of Collective Ijtihad
In the recommendations and resolutions of a conference held by the UAE Faculty of Shariʿah and Law on collective ijtihad in the Islamic world, a technical definition of collective ijtihad was formulated as “the agreement of the majority of jurists, within a certain fiqh academy, a legal body, or an institution regulated by the ruler of an Islamic country, on a practical legal ruling for which there is no definitive text in relation to the establishment and indication after expending their utmost effort in deliberation and consultation.” According to Abd al-Majid al-Sharafi, collective ijtihad is the “total expenditure of effort by the majority of jurists to reach a juridical ruling by the way of probable knowledge (ẓann) based on juridical deduction where they agree on such a ruling unanimously or by majority after mutual consultation.” A fourth definition runs as follows: “Collective ijtihad is the consensus of more than one mujtahid on a juridical ruling by mutual consultation after performing their utmost effort in deducing it from its relevant sources.” Yet another definition states that: “Collective ijtihad is doing the best and utmost effort by a group of scholars in examining and discussing a certain matter to reach a suitable juridical ruling to be issued by the entire group.”
Common Elements and Points of Divergence
These definitions of ijtihād jamāʿī share some common points, namely, the expenditure of total effort by jurists through mutual consultation and collective endeavor. However, they differ in terms of the nature of the collectivity, whether it is established by more than one jurist, or by the majority or a group of jurists. In fact, ijtihād jamāʿī is a compound noun composed of two words, ijtihād and jamāʿī; consequently, it can be defined in light of the definition of ijtihad while stipulating the collective element.
Linguistic Basis of Jamāʿī
Linguistically speaking, jamāʿī is taken from the word jamāʿah, i.e. a group, whether small or large in number. It has the same meaning as the word jamʿ (plural). However, scholars hold different opinions concerning the least number that constitutes plural speech. The majority of jurists consider the least plural to be three, and Ibn ʿAbbās, Abū Ḥanīfah, al-Shāfiʿī, and the majority of the Arabic grammarians hold this opinion. Based on this view and the aforementioned definitions of ijtihad, we can conclude that ijtihād jamāʿī is a mode of ijtihad exercised by a group that consists of at least three jurists. It may be defined as the total expenditure of effort by a group of jurisprudents to reach probable knowledge of a legal ruling based on mutual consultation. Surely, when the group includes as many scholars and experts as possible, the resulting fatwa will be more reliable.
This article is an excerpt from: Hossam Sabry Othman, Collective Ijtihad: Regulating Fatwa in Postnormal Times (London/Washington: IIIT, 2024), pp. 3-5.
https://iiit.org/en/book/collective-ijtihad-regulating-fatwa-in-postnormal-times/
The views expressed in this article are those of the author and do not necessarily reflect the views of the International Institute of Islamic Thought (IIIT).
