Beyond jurisprudence: Ijtihād as a first principle of Islamic thinking

‘Let us reclaim ijtihād not as a juridical relic but as a living covenant — a mode of thinking that amplifies Tawhid through revelation, reason, and renewal.’

By FARUK HOOSAIN

The writer adds to our vibrant discourse on ijtihād by responding to the Association of Muslim Professionals of South Africa’s critique of the viewpoints of Emeritus Professor Yusef Waghid and Ebrahim Rasool. He argues that the Association puts forward a ‘decontextualised understanding of ijtihād’.

To reduce ijtihād to a juridical tool – as the Association of Muslim Professionals of South Africa (Ampsa) does in its response to Waghid and Rasool – is to mute its soul.

Rooted in the Qur’anic imperative to reflect, reason, and witness, ijtihād is not merely a mechanism for legal derivation—it is a first principle of Islamic thinking, a foundational habit of mind that animates the entire intellectual tradition.

When understood through the lens of Qur’anic epistemology and the thinking styles of early Muslim scholars, ijtihād emerges as a covenantal mode of inquiry, deeply ethical, spiritually alive, and intellectually generative. It promotes habits of mind and ways of seeing which are analytical, descriptive, analogous, creative, contextual, and transformative.

The Qur’anic imperative to think

The Qur’an invokes thinking and reflection in over 13 distinct verses, using verbs like yatafakkarūn (they reflect), ya‘qilūn (they reason), yatadabbarūn (they contemplate), and yastafsirūn (they seek explanation). These are not passive acts — they are active, persistent, and discerning considerations, echoing Dewey’s definition of thinking as ‘disciplined inquiry.’ The Qur’an does not merely permit thinking — it commands it as a spiritual and moral duty.

For example:

You may also want to read

Pakistan: Signposts of a revolution in progress

27 November 2024

India to South Africa : how two activists defied their family legacies to challenge injustice

20 May 2024 - Updated on 22 May 2024

The light of Lady Fatima (RA)

21 November 2025

Standing in solidarity with Dr Sizer

11 May 2022 - Updated on 28 August 2024

• ‘Do they not reflect within themselves?’ (Qur’an, 30:8)
• ‘Will you not use your reason?’ (Qur’an, 2:44)
• ‘We have certainly made the signs clear for a people who reflect.’ (Qur’an, 45:13)

These verses establish thinking as a covenantal act—a form of ibadat, a path to truth, and a means of discernment.

Why I apply ‘first principle’ thinking to scholarship in my class

A ‘first principle’ is a foundational truth from which other truths are derived. In Islamic thought, the act of thinking itself is a first principle—a divine gift, a fitra, and a moral obligation. It precedes law, theology, and ritual. It is the Qur’anic principle from which ijtihād, usool al-fiqh, tafsir, kalam, and philosophy grow. It helps to ‘read the word and the world’ as Professor Farid Esack argues.

Modern definitions of critical thinking — such as those by Ennis, Facione, and Paul and Elder — emphasise reflection, judgment, and self-regulation. These align seamlessly with Qur’anic thinking styles, which demand:

• Interpretation of signs (ayat)
• Evaluation of claims and traditions
• Inference from nature, history, and revelation
• Contextual sensitivity to time, place, and community

Thus, ijtihād is not a legal instrument — it is a thinking disposition, a habit of mind that seeks truth through reason, ethics, and divine guidance. It calls for students being punctilious.

The classical Islamic tradition was rich with diverse thinking styles:

• Al-Ghazali practiced muraqabah (self-observation) and tahqiq (verification), blending spiritual introspection with logical rigor.
• Ibn Sina and Al-Farabi used Aristotelian logic and metaphysical reasoning to explore existence, causality, and ethics.
• Ibn Rushd championed dialectical reasoning and comparative analysis, arguing that philosophy and revelation must cohere.
• Al-Shatibi emphasised maqasid al-shari‘ah (higher objectives of law), using ethical reasoning to guide legal interpretation.

These scholars did not confine ijtihād to jurisprudence — they applied it to medicine, astronomy, ethics, education, and metaphysics. Their thinking was interdisciplinary, context-sensitive, and spiritually anchored.

Why refuting the juridical reduction promotes scholarship

To claim that ijtihād is only for legal rulings is to ignore its ontological and epistemological breadth. This reductionism:

• Ignores the 13 Qur’anic commands to reflect on nature, history, and the self.
• Neglects the diversity of classical thought, which applied ijtihād across domains.
• Stifles intellectual renewal, turning a dynamic tradition into static legalism.

Moreover, such reductionism contradicts the spirit of ijtihād, which is rooted in maqaasid discernment, not just legal derivation. As Facione notes, critical thinking involves ‘interpretation, analysis, evaluation, and inference’ — all of which are central to ijtihād in its fullest sense.

I treat ijtihād as a Qur’anic covenantal and liberatory praxis

In truth, ijtihād is a covenantal praxis — a way of thinking that honours divine guidance, ethical responsibility, and communal well-being. It is:

• Spiritual: grounded in taqwa and humility.
• Ethical: guided by justice, mercy, and dignity.
• Intellectual: animated by reason, inquiry, and creativity.
• Communal: responsive to context, culture, and lived realities.

This expansive view of ijtihād aligns with Lipman’s definition of critical thinking as ‘skilful, responsible thinking that facilitates good judgment.’ It also resonates with Halpern’s emphasis on goal-directed reasoning and metacognitive awareness.

I teach thinking as a sacred trust

To think is ibadat. To reason is to serve. To reflect is to witness. Ijtihād, when understood as a first principle, becomes a sacred trust — an Islamic duty of inquiry that links the heart, the intellect, and the community in pursuit of Tawhidic truth and mercy. The concept of Tawhid emphasises the unity and interconnectedness of all knowledge. At the risk of gainsaying, my researched ontology shows eight holistic cognitive and spiritual criteria, explaining the early Muslim scholars’ ‘mind at work’, which includes ijtihād, as beyond the juridical confines.

Let us reclaim ijtihād not as a juridical relic but as a living covenant — a mode of thinking that amplifies Tawhid through revelation, reason, and renewal. Otherwise, we risk ringfencing ijtihād to a definition under distress, and denying its legacy as part of the intellectual inventory of thinking tools belonging to humankind.

Faruk Hoosain is an education researcher, writer and lecturer.

The YouTube recording of Ebrahim Rasool’s address at The Muslim Thinker inaugural address can be viewed here.
You can read Emeritus Professor Yusef Waghid’s response to Ebrahim Rasool’s lecture here.
Ampsa’s response to Rasool and Waghid can be read here.