Collective Ijtihad

Reviewed by: Shahrul Hussain, Ibn Rushd Centre of Excellence for Islamic Research

Published by: Herndon: IIIT, 2024, 272pp. ISBN: 978-1642058772.

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This is a timely and pertinent book. The author asks a probing question: what shape should fatwas take in contemporary times? The author contests that passing religious edicts should no longer be the prerogative of individual scholars. Technological advancement, medical progress and today’s complicated lifestyles make individual fatwas problematic. This is because, according to him, ‘contemporary ijtihad requires interdisciplinary and multidisciplinary knowledge’, which he believes is beyond the capacity of any singular scholar. The author then proceeds to prove his point, that fatwas should be a collective effort by qualified scholars when the issues at hand have global ramifications.

The author sets out to prove his point over four main chapters, an introduction and a conclusion. In his introduction, the author discusses the theoretical aspect of collective ijtihad and also provides a historical overview of the topic. This starts with the era of the Prophet Muḥammad (blessings and peace be upon him) through the formative period of Islamic law, with special reference to some efforts of this mode of intellectual reasoning at later stages of Islamic history. Here, the author singles out three early institutions of collective ijtihād and goes on to elaborate on their historical background, methods of work, roles and some instances of their ijtihād. Chapter two can be divided into three parts. The first part begins with a discussion on the legal authority of collective ijtihād based on the authoritativeness of the majority opinion. It also investigates the viability of this potential mechanism as an alternative to ijmāʿ, or scholarly consensus. This chapter also discusses the qualifications of scholars who may be involved in such an endeavour, with an emphasis on the critical need for complementarity between the jurists and the technical experts, in order to have a better grasp of the issue at hand. The author also highlights the benefits of collective ijtihād, its role in promoting unity, eliminating controversy, addressing radicalism and extremism, and employing the highly commendable principle of mutual consultation in deciding legal rulings.