Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

Some of the ‘Ulamaa divided Ijtihaad into two categories: A specific category related to the Istinbaat (deduction) of the Ahkaam and a specific category related to the application of these Ahkaam upon the partitive/branch actions (Al-Af’aal Al-Juz’iyah). That is whilst others divided it in accordance to the levels (Maraatib) of the Mujtahideen and these number three:

He is the Mujtahid who has the capability to set the Qawaa’id (principles) of Usool ul-Fiqh. So he sets the foundations of the Usool and sets the Qawaa’id that he is bound and restricted to in his Ijtihaad. He undertakes or embarks on Ijtihaad in all of the Masaa’il of Fiqh and that is because all of the conditions of Ijtihaad are amply fulfilled within him. Examples of such a Mujtahid include the A’immah (Imaams) of the Madhaahib (schools of Fiqh) like Al-Imaam Ash-Shaafi’iy, Abu Haneefah, Al-Imaam Ahmad Bin Hanbal , Al-Imaam Maalik, Ibn Hazm and Ja’far As-Saadiq amongst others.

This does not however mean that the Mujtahid Al-Mutlaq has ‘Ilm (knowledge) of every single Hukm as this is not what is meant. That is because this is not the reality of the human being and even the Sahaabah (rah) had cause to pause at a great number of issues (Masaa’il) like ‘Umar (ra) in respect to fighting those who withheld the paying of the Zakaah following the death of the Messenger (saw) or Abu Bakr (ra) in respect to the Mas’alah (issue) of the inheritance of the grandmother. Or like the example of Al-Imaam Maalik when he was asked questions in 40 Mas’alah (issues) and replied in respect to 36 of them: ‘ريِدْ أ ل) ‘I do not know).

Rather, what is meant, is that the Mujtahid Al-Mutlaq has the potential and capability in respect to Ijtihaad that makes him capable of examining, deducing (Istinbaat) and laying down or setting the Usool and Qawaa’id in a number of Fiqhiy issues that encompass in a general manner the Ahkaam Ash-Shar’iyah as a whole. As a result, Fiqh is produced like that of the Fiqh of Ash-Shaafi’iy or Abu Haneefah and its likes and a Madh’hab is attributed to him in respect to the Ijtihaad i.e. a specific methodology that his students proceed upon after him. That is like the four well-known Madhaahib, the Ja’fari Madh’hab and the Zhaahiry Madh’hab amongst others.

He is the Mujtahid who follows his Imaam in the Usool that the Imaam set and laid down. He therefore performs Ijtihaad upon its basis in the process of deducing or extracting new practical Ahkaam Shar’iyah in the issues which his Imaam had not deduced a ruling. He therefore proceeds within the constraints of the principles (Qawaa’id) and Minhaj (methodology) that his Imaam had set for Ijtihaad. Examples of such Mujtahideen include the companions or followers of Al-Imaam Abu Haneefah, Al-Imaam Ash-Shaafi’iy and Al-Imaam Ahmad Bin Hanbal amongst others. The Mujtahid Al-Madh’hab is a follower of the Mujtahid Mutlaq who set the foundations for him in Usool and laid down the principles. So for example Ibn Qudaamah Al-Maqdasiy is a Mujtahid Madh’hab within the Hanbali Madh’hab, Abu Yousuf, the student of Al-Imaam Abu Haneefah, was a Mujtahid Madh’hab within the Hanafiy Madh’hab and even if he sometimes deduced contrary opinions to Al-Imaam Abu Haneefah (rh).

He is the one who is able or enabled to undertake a correct and sound examination of a Mas’alah from amongst the Masaa’il (Sharee’ah issues) and provide the Hukm Ash-Shar’iy for it. That is after acquiring knowledge of the necessarily required Shar’iyah and linguistic areas of knowledge needed to deduce the Hukm in that issue or in a few or limited number of issues. The Mujtahid Al-Mas’alah would be a Muqallid (follower) in other than what he has performed Ijtihaad in. That is because Ijtihaad is partitioned and so whoever has knowledge of the Daleel of an issue from amongst the issues and he has encompassed what is necessarily required from the conditions of Ijtihaad related to it, then it is for him to undertake Ijtihaad in respect to that part and to make Taqleed in respect to the remaining Masaa’il (issues). The Sahaabah (rah) were Mujtahideen whilst some of them would abandon their own opinion to follow the opinion of another.