Ijtihaad and Taqleed
by Shaykh Muhammad ibn Sâlih al-’Uthaymîn (d. 1421 AH / n/a CE)

The Shaykh, may Allaah preserve him, says in his ‘Al-Usool min ‘Ilimil Usool’ (pp97-104),
‘Definition of Ijtihaad:
linguistically ijtihaad means: to expend efforts in order to reach some difficult matter. Technically it means: expending efforts to arrive at a Sharee’ah ruling. And the Mujtahid is the one who expends efforts for this purpose.
Conditions for Ijtihaad:
Being a mujtahid has conditions, from them:-

1. That he knows the Sharee’ah proofs which he needs in his ijtihaad - such as the verses and ahaadeeth pertaining to rulings.
2. That he knows what relates to the authenticty or weakness of a hadeeth, such as having knowledge of the isnaad and it’s narrators and other than this.
3. That he knows the abrogated and the abrogating, and the places where there is ijmaa - such that he does not give a ruling according to something that has been abrogated, nor give a ruling that opposes the (authentically related) ijmaa.
4. That he knows from the proofs that which causes the rulings to vary, such as takhsees (particularisation), or taqyeed (restriction), or it’s like. So he does not give a judgement which is contrary to this.
5. That he knows the Arabic language and usul al-fiqh, and what relates to the meanings and indications of particular wordings - such as the general, the particular, the absolute and unrestricted, the restricted, the unclarified, and the clarified, and it’s like - in order that he gives rulings in accordance with what this demands.

6. That he has the ability to extract rulings from the evidences.

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Articulating the Intention
by Shaykhu-l-Islâm Ibn Taymiyyah (d. 728 AH / 1328 CE)

Shaykh al-Islaam ibn Taymiyyah was asked:

Question 1: Concerning the one who causes confusion in the lines of prayer and those around him by articulating the intention loudly. This was objected to but it did not deter him from persisting in this. A person said to him, ‘what you are doing is not from the religion of Allaah and you are contradicting the Sunnah.’ He replied, ‘this is from the religion of Allaah which He sent His Messengers with and it is obligatory upon every Muslim to do this and similarly the Qur’aan should be recited loudly behind an imaam.’ So did the Messenger of Allaah (SAW) or any one of his Companions use to do this? Or any one of the four Imaams or any of the Muslim scholars? And if the Messenger of Allaah (SAW) and his Companions and the scholars did not do this in prayer then what is obligatory upon the one who attributes this to them and does this? Is it permissible for a Muslim to come to his aid with even one word if he does this and attributes this to the religion by saying to those who are objecting, ‘everything that he is doing in his religion is what he desires and your objection is based upon ignorance!’ So are they correct in this or not?

The Answer:

All praises and thanks are due to Allaah. Articulating the intention in a loud voice is not legislated according to the opinion of all the Muslim scholars. The Messenger of Allaah (SAW) did not do it and neither did his Khaleefs, Companions, or the Salaf of this nation and their Imaams do it. Hence whosoever claims that this is part of the Religion of Allaah and that it is obligatory then it is necessary to teach him the Sharee’ah and ask him to repent from this opinion and if he still persists in this saying then he is to be killed. Rather the intention that is obligatory for the actions of worship such as wudu, ghusl, salaah, siyaam and zakaah etc. finds its place in the heart by agreement (ittifaaq) of the Imaams of the Muslims.
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