The Permissibility of Ijtihaad
Another principle is that it is not allowed to make ijtihad if something is clearly and definitively mentioned in the Qur’an or authentic Hadith. If there is text which clearly states the hukum (ruling), then the ijtihad is not permissible.
There is no righteousness or piety in avoiding something that is obviously and unquestionably permissible, i.e. something that is lawful and clearly permitted by shariah. For instance, in the area of food, one should not say he will refrain from eating meat as a matter of righteousness. He will not gain any reward for this.
There is the prophetic narration that tells the story of the three men, where one vowed not to sleep so he can pray all night, one vowed to fast everyday and one vowed not to marry, all for the sake of righteousness. These actions which these men vowed not to do (sleeping, eating and getting married) are permissible things which are not only permitted but also encouraged. (In fact, some scholars even say that there should be a minimum number of hours everyday which we allocate for sleep so that our bodies get enough rest.) When the Prophet, sallallahu ‘alayhi wasallam, got to know of the three men’s vows, he was very disappointed. He, sallallahu ‘alayhi wasallam, called them and told them he was the most righteous and pious among them and yet he sleeps, eats and marries. Moreover the Prophet, sallallahu ‘alayhi wasallam, made a principal concerning this matter by saying: “This is my way, and whoever refrains from it is not part of me.” Thus, if something is clearly permissible in shariah, there is no point in avoiding doing it with the intention that doing so is an ibadah. If it is for other good reasons, e.g. to avoid meat because of one’s health, then it is alright.
One of the tricks of shaitan is that he will take something which is forbidden and present it in a way to make it appear like a permissible act. One should be careful not to be deceived by shaitan. If something is muharram, then regardless of whatever, it is forbidden. We must not allow shaitan to influence us and change our perception into thinking that something which is haram may not be all that bad after all – that it is permissible to do it.Shaykh Jamaluddin Zarabozo says in his commentaries on Imam Nawawi’s Forty Hadith that in these contemporary times there are numerous matters in business transactions where there might contain some implicit aspects of riba’. Thus there are many new situations or issues where people are confused as to whether something is permissible or not. He says that it is better to avoid acts which we are not sure of or where there are no clear opinions from scholars.
Sometimes these issues are discussed by scholars but their opinions are not being promoted enough to the Muslims in general. Many of the famous scholars today meet once a year to discuss contemporary issues and these issues are then published in a special magazine. Unfortunately, this magazine is not widely distributed and not many people, including educators, other scholars, etc., are cognizant of it. We should all try as much as possible to keep ourselves informed with the latest views or opinions of the scholars, especially on matters related to our lifestyle today, e.g. banking, insurance, etc.
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