The Role of Ijtihad in Legislation

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The terms 'mujtahid' and 'ijtihad' are nowadays among those which have acquired great currency, even sanctity, among the Shi'ah. One would be surprised to know that the term ijtihad was formerly, from the times of the Prophet (S) and for several successive centuries, a Sunni term. It became Shia after undergoing a change of meaning, or what would be more precise to say, the term remained specifically Sunni for several centuries and became 'Muslim', in the wider sense, that is, after undergoing a change of meaning and dissociating itself from its earlier particular sense.

As to its not being a Shi'a term formerly, there is no doubt; if there is any uncertainty, it is about the date of its acceptance by the Shi'ah. It is not improbable that this term like several groups of people in the seventh century was converted to Shi'ism at the hands of the absolute Ayatullah, al-'Allamah al-Hilli. However, as we shall presently explain, the conversion came after its undergoing a change of meaning.

Apparently, there seems to be no doubt that this term was never used by any of the Imams of the Ahl al-Bayt (A). The terms ijtihad and mujtahid, in the sense in which they are used by

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