Ijtihad is a principle of the shariah. The ulema generally agree that this principle is rooted in a Hadith report attributed to Maaz bin Jabal, a Companion of the Prophet, who, when he was sent to Yemen by the Prophet, was asked how he would solve any problem that he faced. He replied that he would do so in accordance with the Quran. The Prophet asked him if the matter was not mentioned in the Quran what he would do, to which he answered that he would abide in that regard with the Prophet’s practice (sunnat). The Prophet asked him that if the matter was not dealt with in his sunnat what he would do, and Maaz bin Jabal replied that he would exercise his judgment through ijtihad. The Prophet appreciated this reply.
The ulema regard this Hadith report as the basic source and foundation of the principle of ijtihad. This Hadith report indicates very clearly that ijtihad is legitimate only when no explicit guidance is available on a particular matter in the Quran and in the sunnat of the Prophet. If such guidance is available in either or both of these sources, then ijtihad is not permissible. For instance, from the Quran it is evident that the month of fasting is Ramadan, and so there is no possibility of ijtihad in deciding the month of fasting. Likewise, the Hadith indicates that the number of compulsory daily prayers is five, and so no one can seek to engage in ijtihad in this matter in order to reduce or increase this figure.
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5:55 AM
Moderate Islamist here
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