- The Quran
So if a new situation appears in the society , about which none among the three traditional sources says anything explicitly, then there remains no possibility of solving that new problem or addressing that new situation . The only way to deal with the new un precedented situation or problem is to di Ijtehad . Ijtehad is the tool through which Muslims can solve unprecedented problematic situations.
Thus, Ijtehad is the key to dynamism in Islam; Ijtehad is the tool to meet with new unprecedented challenges.
Allama says that Muslims have not done any Ijtehad since last 500 years, therefore, it ius imperative for Muslims to do Ijtehad and to come at par with the modern civilization.
Reconstruction of Religious Thoughts in Islam
Iqbal's Ijtehad is this that he says that there is no difference , in essence, between Islam and the Western civilization. So, following the lead from the West , Muslims can also establish similar sort of institutions in their territories.
That is the reason why Iqbal suggested that a Muslim country, a nation state be established according to the principles of modernity. And Pakistan was established to actualize this vision.
However, as for most of the people in Islamic nations , modern law is secular and therefore irreligious, therefore Iqbal has addressed this issue as well. For Iqbal the Western Secularism is irreligious if it is compared with the spiritual religion of Christianity. Christianity is totally spiritual and does not consider this worldly issues as of religious import; Christianity has a vision of Kingdom of heavens and aims this vision alone.
Islam , according to Iqbal deals with both this worldly and other worldly issues; therefore , Islamic law is quite similar to the modern law.
A testimony of this fact can be seen in the decisions of British Courts in Indian, in dealing the cases of tribal areas which now form a part of Pakistani provinces of Baluchistan and Khyber Pakhtoonkhwah(Old NWFP).
According to these decisions British Judges gave the verdict that instead of using the tribal laws, tribes should use Islamic law to deal with their issues. Thus British judges used to give decisions according to Shariyah or the Islamic Law.