FACULTY OF LAW AND SHARIA

DEPARTMENT OF LAW

: LEGAL RESEARCH METHODOLOGY

DR: SIKUJUA OMAR

: ABDUL HAFIDH MUHRAMI KHAMIS

212020018

CONCEPT NOTE FOR THE RESEACH TOPIC

ROLE OF IJTIHAD (Independent reasoning) in Zanzibar

INTRODUCTION

Ijtihad is an Arabic term meaning “independent reasoning.

Ijtihad, according to the philosophers, is derived from ‘juhd' which means employment of effort or
endeavor in performing a certain activity.

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Ibn Manzur al-Misri says: Jahd and juhd mean power and strength.

Later on he quotes al-Farra' to the effect that in the verse of the Qur’an 4 ‫ َو اَّلِذيَن اَل َيِج ُدوَن ِإاَّل ُجْهَدُه ْم‬.

Jahd is used in the sense of power and strength.5 In the same work, he states
that ijtihad and tajahud mean exertion of power and strength 6 .

Also ijtihad reffers to intellectual effort exerted by qualified scholars known as mujtahids, to derive legal
rulings from the foundational texts of Islam, namely the Qur’an and the Sunnah (the practices of the
Prophet Muhammad). The practice of ijtihad is essential for addressing contemporary issues that may not
be explicitly covered in traditional texts, thereby allowing Islamic law to adapt to changing societal
contexts.

The criteria for engaging in ijtihad involve comprehensive knowledge of Islamic sources and an ability to
interpret them through logical reasoning and contextual understanding. This research will examines both
historical practices of ijtihad and contemporary discussions about its relevance and application in today’s
world. As Zanzibar Muslim communities navigate complex legal and ethical dilemmas, the role of ijtihad
remains vital for ensuring that Islamic law continues to provide guidance that is both relevant and
responsive to modern challenges.

HISTORICAL BACKGROUND OF IJTIHAD

Ijtihad, the process of independent reasoning in Islamic jurisprudence, has a rich and complex historical
background that reflects the evolution of Islamic thought and legal practice. Its origins can be traced back
to the early years of Islam, during the time of the Prophet Muhammad (circa 570-632 CE). The Prophet
himself engaged in various forms of reasoning to address new situations that arose within the Muslim
community, establishing a precedent for future scholars.

After the death of the Prophet, the first four caliphs—known as the Rightly Guided Caliphs—faced
numerous challenges as they sought to govern a rapidly expanding Muslim empire. They relied on both
the Qur’an and the Sunnah for guidance but also employed ijtihad to interpret these texts in light of new
circumstances. This period marked an initial phase where scholars began to develop methodologies for
deriving legal rulings beyond explicit textual sources.

As Islamic civilization expanded into diverse regions with varying cultural contexts, the need for ijtihad
became increasingly apparent. The formation of different schools of thought (madhabs) in Sunni Islam
such as Hanafi, Maliki, Shafi’i, and Hanbali was significantly influenced by differing approaches to
ijtihad. Each school developed its own principles and methodologies for interpreting Islamic law,
reflecting local customs and societal needs while remaining in foundational texts.

Also, many scholars began to argue that ijtihad had effectively closed due to perceived completeness in
existing legal frameworks. This notion led to a reliance on taqlid (imitation) rather than independent
reasoning.

The modern era has witnessed a revival of interest in ijtihad as Muslim communities confront
contemporary issues such as human rights, gender equality and globalization. Scholars have begun re-
examining traditional interpretations and advocating for renewed engagement with ijtihad to address these

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challenges effectively. Movements toward reform within various Islamic societies have prompted
discussions about how ijtihad can be applied today while remaining faithful to core Islamic principles.

STATEMENT OF THE PROBLEM

Conflicting Interpretations: Different scholars, employing different methodologies and sources, arrive at
conflicting interpretations of Sharia on contemporary issues. This lack of consensus can create confusion
and uncertainty for Muslims seeking guidance, and can even lead to social divisions and conflict.

Also in the Erosion of Trust in Religious Authority: The lack of a clear framework for evaluating ijtihad
can undermine public trust in religious scholars and institutions. When multiple conflicting interpretations
exist with no readily apparent way to determine their validity.

OBJECTIVES OF RESEARCH

1. To understand the principle of ijtihad in Islamic jurisprudence.

2. To Evaluate Contemporary Relevance of ijtihad

3. To Identify Methodological Framework of ijtihad

4. To Encourage Educational Initiatives.

HYPOTHESIS

The interpretation and application of ijtihad in Zanzibar have contributed to the dynamic evolution of
Islamic legal principles, facilitating the resolution of contemporary legal issues in a manner consistent
with the foundational tenets of Islam.

METHODOLOGY

1. Design

The research will employ a qualitative research design to explore the role and influence of ijtihad in
Zanzibar. This approach allows for an in-depth understanding of the concept by focusing on interpretative
data. A case study design may also be incorporated to examine the application of ijtihad within specific
institutions, such as the Islamic councils or educational institution settings in Zanzibar. This design will
provide a contextualized understanding of the of independent reasoning in Zanzibar.

2. Population Size

The population size will include individuals and institutions directly or indirectly involved with the
practice of ijtihad in Zanzibar. This may include Grand Mufti, religious scholars (ulema), and members of
religious councils. Approximately 6 peoples will be the population size.

Since Zanzibar‘s population is predominantly Muslim, the study will focus on key areas where ijtihad has

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been applied or debated.

3. Sample Population

a) Religious leaders and scholars (Grand Mufti): Those with expertise in Islamic jurisprudence and the
principles of ijtihad.

b) Kadhi: The one involved in the application of Sharia law and who may rely on ijtihad in their rulings.

c) Members of Islamic concecus: They are involved in advising the grand Mufti on Islamic matters.

4. Research Tools

The study will use various research tools to collect qualitative data, including:

a) Interviews: Structured interviews will be conducted with the grand Mufti, religious scholars and other
key informants. These interviews will focus on their understanding, application, and challenges of ijtihad
in Zanzibar.

b) Focus Group Discussions (FGDs): Group discussions will be held with religious councils to explore
collective perceptions and experiences regarding ijtihad.

c) Document Analysis: Review of relevant legal documents, fatwas (Islamic rulings), and academic
writings to understand the theoretical and practical application of ijtihad in Zanzibar.

LITERATURE REVIEW

1. Qur an

2. (Sunnah) Tradition of Prophet Muhammad (PBUH)

Books

1. Ijtihad and Renewal by Said Shabbar

2. Ijtihad (Meaning, application and scope): Shaykh-ul- Islam Dr Muhammad Tahir-ul-Qadri

Journals

1. Al-Nass Wal –Ijtihad ,Text and interpretation by Sayyid Abd al- Husayn Sharaf al-Din al-Musawi
2. The Development of Ijtihad and Islamic reform 1750-1850

SCOPE AND LIMITATION

Scope

The concept of ijtihad plays a crucial role in Islamic jurisprudence as it provides a mechanism for
scholars to interpret Islamic principles in the context of contemporary issues. Its scope is vast and
encompasses areas where explicit guidance from primary sources—the Qur’an and Sunnah—is not
directly available. Ijtihad allows scholars to derive rulings based on analogy (qiyas), public interest

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(maslahah), and other methodological tools recognized in Islamic law. It is particularly significant in
fields such as modern bioethics, technology, economics, and governance, where new challenges arise that
were not addressed during the time of early Islam. The dynamic nature of ijtihad ensures that Islamic law
remains relevant and adaptable to changing circumstances, preserving the balance between tradition and
modernity.

Limitations

Despite its broad scope, ijtihad has inherent limitations designed to safeguard its proper application and
prevent misuse. One significant limitation is the requirement for rigorous scholarly qualifications. Not
every scholar is deemed competent to perform ijtihad, as it demands a high level of intellectual, spiritual,
and academic training. Imam al-Shafi’i emphasized the importance of scholarly consensus (ijma) to
validate individual interpretations, ensuring that ijtihad does not lead to division or inconsistency in
Islamic jurisprudence.

AREA OF STUDY

Zanzibar (Unguja,Urban West)

CHAPTARAIZATION

This research will consist five chapters which are

 Chapter 1 will talk about Introduction to the topic, Historical Background of Ijtihad,
statement of the problem, objectives of research, hypothesis, methodology, literature
review, scope and limitation and Area of study.
 Chapter 2 it will consist of understanding the principle of ijtihad in Islamic
jurisprudence.
 Chapter 3 will talk about the Evaluation on Contemporary Relevance
 Chapter 4 will talk about the Identification of Methodological Framework
 Chapter 5 will consider Encouragement on Educational Initiatives.

RESEARCH PLAN

Phase 1 Literature review and research design January-February

Phase 2 Data collection (interviews, focusing group discussion and March-April
document review)
Phase 3 Data analysis and interpretation May-June
Phase 4 Writing the first draft July

Phase 5 Revising and finalizing the research August

REFFERENCES

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Primary refferences

1. Qur an

2. (Sunnah) Tradition of Prophet Muhammad (PBUH)

Books

1. Ijtihad and Renewal by Said Shabbar

2. Ijtihad (Mening,application and scope): Shaykh-ul- Islam Dr Muhammad Tahir-ul-Qadri

Journals

1. Al-Nass Wal –Ijtihad ,Text and interpretation by Sayyid Abd al- Husayn Sharaf al-Din al-
Musawi
2. The Development of Ijtihad and Islamic reform 1750-1850

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