The term Ijtihad means to derive and deduce religious opinion about some matter that is not mentioned in the sources of Islam, keeping in view the spirit and overall framework of Islam. In other words, the area of Ijtihad is the area in which Islam is silent and one must use one’s common sense, intellect and experience to arrive at an opinion that should be in conformity with the spirit of Islam. For example, matters like test-tube babies, organ donation and cloning are some of the recent developments in science and one needs to know whether they are permitted by religion or not. It is in such matters that need for Ijtihad arises.
The term Ijtihad is not a Qur’anic term. As a matter of fact, it has originated from a conversation that is reported in Hadith books to have taken place between the Prophet (sws) and one of his companions Mu‘adh Ibn Jabal (rta) at the time when the latter was being sent by him to govern the territory of Yemen:
[The Prophet asked:] ‘How will you judge the cases [that come to you]?’ He replied: ‘I will judge according to the Book of Allah’. ‘But if you do not get anything there, what will you do?’, the Prophet (sws) asked. He said: ‘I will refer to the Sunnah of the Prophet (sws)’. ‘But if you do not get it even there, what will you do?’, the Prophet (sws) asked again. He replied: ‘I will exercise my judgement.’ Hearing this the Prophet (sws) patted Mu‘adh (rta) on the shoulder and said: ‘Praise be to Allah who has guided the Messenger of His Messenger to what pleases His Messenger’. (Nisa’i: No. 1327)
