THE PARAMETERS OF AL-IJTIHAD IN ZAKĀT: THE PAST AND THE PRESENT

Abstract

Throughout the centuries the Muslim ummah, and their scholars in
particular, have faced questions and challenges about zakāt.
However, there is a vast difference between raising questions for the
sake of seeking knowledge and making allegations based on mere
assumption rather than on ijtihād. Zakāt is the third pillar of Islam
and it should therefore be realized that all the rulings and norms
related to zakāt are fixed by sharīʿah texts which cannot be changed
because of the mutability of time and space. To some people certain
aspects of zakāt seem irrelevant to our contemporary time and
therefore they suggest revising the whole concept of zakāt and
applying it according to our modern era. However, anyone who
ventures to challenge the established norms of zakāt must at least be
well versed in the major sources of sharīʿah such as the Qur’ān,
sunnah, ijmāʿ, qiyās as well as in Islamic jurisprudence and the
Arabic language. Otherwise what they pose are baseless claims
rather than intellectual questions. The authors of this paper focus
mainly on three aspects: concept and scope of ijtihād, discussion and
responses to various allegations raised by Volker Nienhaus and
textual evidences for the proper understanding of zakāt. The paper
has adopted historical and descriptive methods of analysis.